Act No. 54 / 2012 Coll.
Act amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended
Valid
Effective from 01.03.2012
54
THE LAW
of 26 January 2012
amending Act No 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Law on the circulation of seed and propagating material), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and propagating material), as amended by Act No. 444 / 2005 Coll., Act No. 178 / 2006 Coll., Act No. 299 / 2007 Coll., Act No. 96 / 2009 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 300 / 2009 Coll. and Act No. 331 / 2010 Coll., is amended as follows:
1. In § 1 (1), § 2 (2) (e) and (l), § 5 (1) (h), § 5 (6), § 6 (5), § 18 (1) (e), § 18 (2) of the introductory part of the provision, § 18 (4) (c) of the introductory part of the provision, § 23 (2) (e), § 24 (2) (b), § 25 (1) (b), § 27 (2) and (3), § 28 (3) (a) to (c), § 35 (3) (a), § 35a (2) (c), § 35a (2), § 35b (4), § 39 (2) of the introductory part of the provision and in § 40 (2) and (3) of the European Communities, the words "European Union" shall be replaced by "European Union."
2. In Article 1 (1), the words "listed in the species of cultivated plants' shall be inserted after the words" species of cultivated plants'.
3. At the end of footnote 1, the sentence "Commission Directive 2010 / 60 / EU of 30 August 2010 providing for certain derogations for the placing on the market of fodder plant seed mixtures intended for the preservation of the natural environment 'is added.
4. In Article 2 (2), the words "or the area to which the seed mixture is naturally linked for the protection of the natural environment 'shall be added at the end of the text in point (r).
5. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (s) to (w) are added:
"(s) a mixture of seeds intended to protect the natural environment, a mixture which may contain seed of feed crops and seed of other plant species, including species not included in the species list, and which is put into circulation in order to protect the natural environment in connection with the conservation of plant genetic resources,
(t) the source area of a European local5a) or specially protected area 5a);
(u) the location of the collection of the part of the source area in which the seed is collected for a mixture of seeds intended to protect the natural environment;
(v) a mixture of seeds directly harvested to protect the natural environment obtained by collection at the collection site;
(w) mixtures of separately grown constituents of a mixture of seeds intended to protect the natural environment obtained by mixing seed of individual constituents which have been grown separately outside the seed collection site obtained by collection at the collection site; This mixture contains genera, species and, where appropriate, subspecies that are typical of a given site at the collection site. ';
6. in Article 3a (3) and 5 (1) (a):
"(a) the registration or registration number of the applicant allocated in accordance with Article 16 (7),"
7. Paragraph 3b (4) reads as follows:
"(4) The method of determining the maximum total quantity of seed of each conservation variety put into circulation and the method of determining the maximum total quantity of seed of all conservation varieties of one species put into circulation for the growing season for agricultural species shall be laid down in the implementing legislation. The supplier who produces propagating material shall notify the Constitution of the size and location of the propagation crop of the conservation variety before the beginning of each growing season. Where those notifications show that the maximum permitted quantity of seed determined in accordance with the first sentence will be exceeded, the Institute shall allocate to each participating supplier producing propagating material the quantity of seed which may be put into circulation during the relevant growing season in proportion to the quantity initially requested by the supplier and at a maximum quantity equal to the maximum quantity determined in accordance with this paragraph. The supplier shall report to the Institute for each growing season the quantity of seed of each conservation variety put into circulation. '.
8. Paragraph 4 (4) reads as follows:
"(4) The conditions for the recognition of propagation crops or propagating material are as follows:
(a) the variety fulfils the following conditions:
1. is registered;
2. Its registration has been revoked, but the deadline under Paragraph 37 (4) is still in place,
3. is registered in a common catalogue of varieties or, in the case of fruit genera and species and vine varieties, also in at least one of the official lists of varieties of the Member States; or
4. is not registered or registered in a common catalogue of varieties, but is propagated by the supplier only for foreign customers, its import has been authorised by the Institute pursuant to Paragraph 18 (4), it is included in the list of varieties suitable for certification in international trade according to the schemes of the Organisation for Economic Cooperation and Development, and there is an official description thereof,
(b) the propagation crop has been recognised in accordance with Article 5;
(c) the sample has been taken in accordance with the technological procedure laid down by the Ministerial Decree;
(d) official examinations or tests are carried out under official supervision to establish the characteristics of the seed referred to in Article 3 (2); Such tests shall be carried out in accordance with applicable international methods, where such methods exist. ';
9. Paragraph 5 (3) is deleted.
Paragraphs 4 to 9 shall be renumbered paragraphs 3 to 8.
10. in Article 5 (5), the words "paragraph 5" shall be replaced by the words "paragraph 4" and the words "European Communities" shall be replaced by "European Union."
11. at the end of paragraph 5, the sentence "If the State Plant Health Administration orders exceptional plant health measures under special legislation (5), the Institute may revoke the recognition certificate for the propagation crop concerned."
12. in Article 5 (7), "paragraph 7" is replaced by "paragraph 6";
13. in Article 5 (8) (e), "paragraph 4" is replaced by "paragraph 3";
14. in Article 5 (8) (f), "paragraph 5" is replaced by "paragraph 4."
15. in Article 5 (8) (g), "paragraphs 7 and 8" are replaced by "paragraphs 6 and 7."
16. in Article 6, paragraphs 2 and 3 are deleted;
Paragraphs 4 to 10 shall be renumbered paragraphs 2 to 8.
17. in Article 6 (6), "paragraph 7" is replaced by "paragraph 5";
18. in Paragraph 6 (7):
"(7) The Institute shall take a sample on the basis of a supplier-filled sample label for the determination of the health status of seed potatoes in the context of the procedure for the certification of seed potatoes. ';
19. in Article 12 (2) (e):
"(e) seeds intended to protect the natural environment, which may contain seed of feed crops and seed of other plant species, including species not included in the list of species; Section 12a shall apply to the circulation of this type of mixture. ';
20. Paragraph 12 (7) is deleted.
Paragraphs 8 and 9 shall be renumbered paragraphs 7 and 8.
21. The following Sections 12a and 12b are inserted after Section 12:
Placing in the circulation of seed mixtures intended to protect the natural environment
(1) A mixture of seeds intended to protect the natural environment may only be put into circulation on the basis of an authorisation granted by the Institute. When granting such authorisation, the Institute shall determine, on the basis of the information delegated to the person3c, the region of origin of the seed mixture concerned. A mixture of seeds intended to protect the natural environment may only be put into circulation in this region of origin. Where a mixture of seeds intended to protect the natural environment contains one or more conservation varieties, the procedure shall be followed in accordance with Sections 3b and 35a.
(2) The supplier producing propagating material is required to notify before the beginning of each growing season the Institute of the quantity of seed mixture intended to protect the natural environment for which he intends to apply for authorisation and the area and location of the planned seed collection sites and, in the case of a mixture of seeds from separately grown constituents, the area and location of the planned seed propagation sites. Where those notifications show that the maximum quantity determined in accordance with paragraph 4 will be exceeded, the Institute shall allocate to each supplier involved in the production of propagating material the quantity of seed mixture which may be put into circulation during the relevant growing season, in proportion to the quantity of seed mixture which the supplier initially requested to be put into circulation and at a maximum quantity equal to the maximum quantity determined in accordance with paragraph 4. The supplier shall report to the Institute for each growing season the quantity of seed mixture intended to protect the natural environment put into circulation.
(3) The supplier shall close the package of seed mixture put into circulation in such a way that it cannot be opened without damaging the sealing system or leaving traces of disruption on the supplier's label or packaging. The supplier's label or seal shall be part of the packaging sealing system. The packaging of a mixture of seeds put into circulation shall be marked with the supplier's label or printing containing the following particulars:
(a) the words "EU rules and standards,"
(b) the supplier's designation and address or his identification mark;
(c) an indication of whether the seed mixture is directly harvested or a mixture of seeds from separately grown ingredients;
(d) the year of closure of the packaging, expressed in the words "Closed," followed by the year in question, expressed in four digits,
(e) the region of origin of the seed mixture;
(f) the source area of the seed mixture,
(g) the location of the collection of the seed mixture;
(h) the type of habitat at the seed collection site;
(i) the words "a mixture of fodder plant seeds intended to protect the natural environment to be used in an area of the same type of habitat as that in the collection site of that mixture, irrespective of the biotic conditions,"
(j) the lot number allocated by the supplier;
(k) the percentage by weight of each plant species and subspecies; in the case of a directly harvested seed mixture, it is sufficient to indicate the species and subspecies that are typical of the type of habitat at the collection site and that are relevant as a constituent of the seed mixture for the conservation of plant genetic resources,
(l) the net or gross weight of the package,
(m) in the case of granulated plant protection products, packaging substances or other solid ingredients, the type and indicative ratio between the weight of lumps or pure seed and the total weight,
(n) in the case of a mixture of seeds from separately grown constituents, the value of germination of those components of the mixture which are feed crops listed in the species list and which do not comply with the germination requirements laid down in the implementing legislation; where the number of required germination values is six or more, it is sufficient to indicate the mean of these values.
(4) By decree, the Ministry shall determine the method of determining the maximum total quantity of seed mixture intended to protect the natural environment which may be put into circulation annually.
Authorisation of a mixture of seeds intended to protect the natural environment
(1) The Institute shall authorise the entry into circulation of a directly harvested seed mixture intended to protect the natural environment subject to the following conditions:
(a) the seed mixture has been obtained in the source area from a collection site which has not been sown for 40 years before the date of application referred to in paragraph 3;
(b) the source area is situated in the region of origin of the seed mixture concerned;
(c) the percentages of species and subspecies that are typical of the habitat type in the collection site and which, as an ingredient in the seed mixture, are relevant for the conservation of plant genetic resources, must be suitable for restoring the habitat type in the collection site;
(d) the germination of all components of the seed mixture referred to in (c) shall be at approximately the same level, so that, after sowing the seed mixture, the original ratio of the ingredients referred to in (c) is maintained in the crop and thereby ensure the restoration of the type of habitat in the collection site;
(e) the percentages of species and subspecies which are not typical of the habitat type in the collection site and which, as an ingredient in the seed mixture, are not relevant for the conservation of plant genetic resources shall not exceed 1%;
(f) the presence of selected weeds of plant species shall not exceed the maximum permitted level laid down in the implementing legislation.
(2) The Institute shall authorise the putting into circulation of seed from separately grown ingredients intended to protect the natural environment, subject to the following conditions:
(a) seed intended for the production of the mixture has been obtained in the source area from a collection site which has not been sown for 40 years before the date of application referred to in paragraph 3;
(b) the source area is situated in the region of origin of the seed mixture concerned;
(c) the seed mixture consists of species and subspecies that are typical of the type of habitat in the collection site and which, as an ingredient in the seed mixture, are relevant for the conservation of plant genetic resources;
(d) the ingredients of a mixture of seeds which are feed crops listed in the species list must comply with the seed characteristics requirements laid down in the implementing legislation before mixing;
(e) the number of generations in which the seed of each component is propagated may not exceed five.
(3) An application for authorisation to put into circulation a mixture of seeds intended to protect the natural environment shall be submitted by the supplier of the Institute. The application shall be accompanied by a declaration of compliance with the requirements referred to in paragraph 1 (a) and (b) in the case of a directly harvested seed mixture or in paragraph 2 (a), (b) and (e) in the case of a mixture of seeds from separately grown ingredients. The model of the application referred to in the first sentence and the model of the declaration referred to in the second sentence shall be laid down in the implementing legislation.
(4) The authorisation to put into circulation a mixture of seeds intended to protect the natural environment shall include the following:
(a) the designation of the supplier and the address of his registered office or place of business;
(b) an indication of whether it is a directly harvested seed mixture or a mixture of seeds from separately grown ingredients,
(c) the percentages by weight of the species and subspecies contained in the seed mixture; in the case of a directly harvested seed mixture, it is sufficient to indicate the species and subspecies that are typical of the type of habitat at the collection site and that are relevant as a constituent of the seed mixture for the conservation of plant genetic resources,
(d) in the case of a mixture of seeds from separately grown constituents, the value of germination of those components of the mixture which are feed crops listed in the species list and which do not comply with the germination requirements laid down in the implementing legislation;
(e) the quantity of seed mixture covered by the authorisation;
(f) the region of origin of the seed mixture,
(g) restrictions on putting into circulation in the region of origin of the seed mixture;
(h) the source area of the seed mixture;
(i) the location of the collection of the seed mixture; in the case of a mixture of seeds from separately grown constituents, also the seed propagation site;
(j) the type of habitat at the collection site;
(k) the year of harvest.
(5) The Institute or the authorised person for a mixture of seeds intended to protect the natural environment shall verify:
(a) for a directly harvested seed mixture:
1. compliance with the requirements referred to in point (c) of paragraph 1 by the crop inspection carried out by the Institute at the collection site, where this collection site is located in the Czech Republic; the number and dates of such crop shows, the results of which are recorded by the Institute, shall be laid down in implementing legislation;
2. compliance with the requirements referred to in paragraph 1 (d), (e) and (f) by official examination or by examination under official supervision; such tests shall be carried out in accordance with applicable international methods, where such methods exist;
(b) for a mixture of seeds from separately grown constituents, compliance with the requirements referred to in paragraph 2 (c) and (d) by official examination or by examination under official supervision; Such tests shall be carried out in accordance with applicable international methods where such methods exist.
(6) The Ministry provides by decree
(a) a list of weeds of plant species the presence of which is limited in a directly harvested seed mixture, including the maximum permitted level of occurrence of those plant species;
(b) the characteristics of the seed which, before mixing, must comply with the ingredients of the mixture which are feed crops listed in the species list;
(c) the number and dates of crop shows at the site of collection of directly harvested mixtures;
(d) the model application for authorisation to put into circulation a mixture of seeds intended to protect the natural environment and a model declaration of compliance with the requirements for granting authorisation to put into circulation a mixture of seeds intended to protect the natural environment. ";
22. In Article 17 (6), the words "or to verify the characteristics of a seed mixture intended to protect the natural environment referred to in Article 12b (5)," shall be inserted after the words "these seeds."
23. in Article 18 (4) (c) of the Introductory Part of the Provisions and in Article 26 (3) of the Introductory Part of the Provisions, the words "the European Communities" are replaced by the words "the European Union."
24. in Article 19 (5), the last sentence shall be deleted;
25. Paragraph 29 (3) reads as follows:
"(3) If there are obstacles to further proceedings, the Institute shall invite the applicant to remove the obstacles and shall set a reasonable time limit; At the same time, it shall inform the applicant that it shall reject the application in the event of non-removal of obstacles. ';
26. in Paragraph 37 (2) and (3), "2" is replaced by "1."
27. in § 38a (2) (b) and § 38b (2) (b), the words "§ 12 (7) (c)," shall be deleted and the words "paragraph 8" shall be replaced by the words "paragraph 7."
28. in Article 38a (2) (i) and Article 38b (2) (i), the words "mixtures of seeds intended to protect the natural environment referred to in Article 12a (3) or" shall be inserted after the words "do not label or pack."
29. in Article 38a (2) and Article 38b (2), the word "or" shall be deleted at the end of point (u).
30. in § 38a (2) and § 38b (2) (v):
"(v) as a supplier, the Institute shall not report for each growing season the quantity of seed of each conservation variety or of each variety developed for cultivation under special conditions or any mixture of seeds intended to protect the natural environment put into circulation in accordance with § 3b (4), § 3c (2) or § 12a (2), or"
31. in Articles 38a (2) and 38b (2), the following point (w) is added:
"(w) as a supplier producing propagating material in the form of a mixture of seeds intended to protect the natural environment, the Institute shall not, before the beginning of each growing season, notify the quantity of seed mixture intended to protect the natural environment for which it intends to apply for authorisation and the location and location of the planned collection sites and, in the case of a mixture of seeds from separately grown ingredients, the area and location of the planned seed propagation sites referred to in Article 12a (2)."
32. in Articles 38a (5) (a) and 38b (5) (a), the words "to (v)" shall be replaced by "to (w)."
33. in Paragraph 39 (2) (c), the word "a" shall be replaced by a comma and the words "and each mixture of seeds intended to protect the natural environment" shall be inserted after the word "conditions."
Efficacy
That law shall take effect on the first day of the calendar month following its publication.
Germany
Klaus v. r.
Nausea v. r.
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Regulation Information
| Citation | Act No. 54 / 2012 Coll., amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 16.02.2012 |
|---|---|
| Effective from | 01.03.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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