Act No. 553 / 2005 Coll.
Act amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, Act No. 320 / 2002 Coll., and certain other laws
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Law
Effective from 30.12.2005
Text versions:
30.12.2005
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553
THE LAW
of 9 December 2005
amending Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended, as amended, Act No. 320 / 2002 Coll., and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Organic Agriculture Act
Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended, as amended, Act No. 320 / 2002 Coll., is amended as follows:
1. Paragraph 1, including the title and footnote 1, reads as follows:
Subject matter
This law regulates, following the directly applicable regulation of the European Communities1) the conditions of organic farming management and the certification and labelling of bioproducts, biofoodstuffs and other bioproductsapplicable thereto, as well as the exercise of control and supervision of compliance with the obligations associated therewith.
1) Council Regulation (EEC) No 2092 / 91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended. Commission Regulation (EC) No 1788 / 2001 of 7 September 2001 laying down detailed rules for the implementation of the provisions concerning the certification of imports from third countries provided for in Article 11 of Council Regulation (EEC) No 2092 / 91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as amended. Commission Regulation (EEC) No 207 / 93 of 29 January 1993 determining the content of Annex VI to Regulation (EEC) No 2092 / 91 of 24 June 1991 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs and laying down detailed rules for the application of Article 5 (4) of that Regulation, as amended. '
2.
(1) The Ministry of Agriculture (hereinafter referred to as the Ministry) is the competent authority under Council Regulation (EEC) No 2092 / 91.
(2) The competent authority under Commission Regulation (EC) No 1788 / 2001 is the competent customs authority. "
3. Paragraph 3, including the title and footnotes Nos 2 to 9, reads:
Definition of terms
(1) In this Act:
(a) the bioproduct of the raw material of plant or animal origin or of the farm animal (2) obtained in organic farming in accordance with the rules of the European Community3);
(b) food produced under the conditions laid down in this Act and in the regulations of the European Communities (4), meeting the quality and health requirements laid down in specific legislation5);
(c) other organic feed bioproducts6) or organic propagating material7),
(d) by an environmental entrepreneur, a person who is registered under special legislation (8) and registered under this law and manages an eco-farm;
(e) a person engaged in organic farming by an organic entrepreneur, a biofood producer (9), a person placing organic food or bioproductsbefore circulation (9), a producer or supplier of organic feed (6), or a supplier of organic propagating material7);
(f) an organic bee farmer, a person who is not an organic entrepreneur, keeps bees in organic farming and is registered in accordance with this law;
(g) the eco-farm shall have a closed economic unit comprising land, farm buildings, plant and, where appropriate, livestock as referred to in Article 4 (2) serving organic farming.
(2) Where the concept of a market operator is used in a Regulation of the European Communities (1), for the purposes of this Act, it is understood as a person engaged in organic farming.
2) Paragraph 3 (1) (c) of Act No. 166 / 1999 Coll., on Veterinary Care and on the Amendment of Certain Related Acts (Veterinary Act), as amended by Act No. 131 / 2003 Coll.
3) Article 1 (1) (a) of Council Regulation (EEC) No 2092 / 91.
4) Article 14 (1) (b) of Commission Regulation (EC) No 2342 / 1999.
5) For example, Act No. 110 / 1997 Coll., as amended, Decree No. 304 / 2004 Coll., laying down the types and conditions of use of additives and additives in food production, Decree No. 305 / 2004 Coll., laying down the types of contaminating and toxicologically relevant substances and their permitted levels in food, Decree No. 446 / 2004 Coll., laying down the requirements for food supplements and for enrichment of food supplements.
6) Act No. 91 / 1996 Coll., on feedingstuffs, as amended by Act No. 244 / 2000 Coll., Act No. 147 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 21 / 2004 Coll.
7) Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed). Articles 6 (2) and 6a (1) and (2) of Council Regulation (EEC) No 2092 / 91.
8) Sections 2e to 2g of Act No. 252 / 1997 Coll., on Agriculture, as amended by Act No. 85 / 2004 Coll.
9) Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended by Act No. 166 / 1999 Coll., Act No. 119 / 2000 Coll., Act No. 306 / 2000 Coll., Act No. 146 / 2002 Coll., Act No. 131 / 2003 Coll., Act No. 274 / 2003 Coll., Act No. 94 / 2004 Coll. and Act No. 316 / 2004 Coll. Article 1 (1) (b) of Council Regulation (EEC) No 2092 / 91. '
4. In Article 4 (2), "livestock (1) 'is replaced by" livestock (2)';
5. Paragraph 4 (3) reads as follows:
"(3) The species of livestock not referred to in paragraph 2 may only be kept on the farm as pet farms not subject to organic farming. Where such animals are kept in business, they shall not be part of an eco-farm. ';
6. In Article 4, the following paragraph 4 is added:
"(4) The provisions of this Environmental Entrepreneur Act shall apply mutatis mutandis to organic bee breeders. '.
7. In Part One, Title Two, the breakdown into parts and sections is deleted.
8. Sections 5 to 8, including the headings and footnotes 10 to 15, read:
Transitional period
(1) The transitional period is the period in which agricultural production is converted into organic farming and the impact of the previous agricultural activity on agricultural land, landscape and the environment is eliminated.
(2) During the transitional period, a person included in the transitional period has the same obligations as an environmental entrepreneur, unless otherwise provided for by this law.
(3) The Ministry shall keep a list of persons included in the transitional period, containing an indication of the size of the land under management; the list shall be published in a way that allows remote access.
Registration of persons engaged in organic farming
(1) The person intending to do business in organic farming on an eco-farm in accordance with European Community10 (the applicant) shall submit a registration application to the Ministry; for applicants, the transitional period (Paragraph 5 (1)) shall begin on the date on which his application for registration was received by the Ministry (hereinafter referred to as "the person included in the transitional period '). The transitional period for new land shall begin on the date of notification referred to in Article 7 (1).
(2) The obligation laid down in paragraph 1 shall not apply to retailers who only sell the already packaged and labelled bioproduct, biofood or other bioproduct to the final consumer.
(3) The applicant is obliged to conclude with the person responsible for issuing certificates of origin for a bioproduct, a biofood or other bioproduct selected by the Ministry (hereinafter referred to as the "authorised person") a control activity contract under the special legislature11.
(4) In the application for registration, the applicant states:
(a) if the natural person, name and surname, nationality, address of the place of permanent residence, otherwise the address for service, usually at the place of residence of the natural person in the territory of the Czech Republic or at the place of business (name of the municipality, its part, street name, descriptive and indicative number, if assigned, postal code), birth number, or date of birth and identification number, if assigned, and the alien also address of residence outside the territory of the Czech Republic,
(b) if the legal person, business firm or name, registered office, name of the municipality, its parts, street name, descriptive number, and, if assigned, the indicative number, postal code and name of the trading firm, or the surname or surname, or surname, nationality, birth number, or date of birth, address of the place of residence of the person or persons who are its statutory authority or its members, and details of the agent referred to in (a) and identification number, if assigned; for a foreign legal person who, for the purpose of business, establishes an organisational component in the Czech Republic, its location in the Czech Republic and the data relating to the leading organisational component,
(c) other data referred to in the European Communities Regulation (12).
(5) The applicant shall, at the same time as the application for registration, provide evidence of the entry check carried out by the authorised person and in which no infringement of the conditions of this law and of the rules of the European Communities has been detected (1) and, in the case of a person included in the transitional period, a certificate of entry in the register of an agricultural entrepreneur in accordance with the specific legislation8). The authorised person shall carry out the entry check no later than 60 days after the date of conclusion of the inspection and certification contract.
(6) The person included in the transitional period shall be obliged to provide the person responsible for the management of each eco-farm
(a) the data on economic buildings and operational facilities to be used for organic farming, according to the data in the real estate register (13);
(b) the designation of the land and clearly marked maps of the land on which it will be managed, according to the register of use of the agricultural land according to user relations in accordance with special legislation14) and if it is non-agricultural land in relation to the measures referred to in Article 10, then according to the data in the property register 13), and
(c) other data referred to in the European Communities Regulation (12).
(7) The applicant shall provide the Ministry and the authorised person with synergies to verify the facts contained in the application.
(8) If the applicant complies with the requirements laid down in paragraphs 4 and 5, the Ministry shall comply with the application, issue a marketing authorisation and enter the person doing business in organic farming on the list of persons engaged in organic farming in accordance with European Community15 (hereinafter referred to as "the list '). The list shall be published by the Ministry in a way that allows remote access, in the case of environmental entrepreneurs as well as with information on the size of the land managed.
(9) If the applicant fails to comply with the requirements set out in paragraphs 4 and 5, the Ministry shall reject the application for registration.
(10) If the applicant is a person included in the transitional period, the Ministry shall issue a marketing authorisation within 30 days of the date of the end of the transitional period if the applicant has complied with all the requirements laid down in this Act and European Communities1), otherwise the Ministry shall reject his application for registration.
(11) The model of the application for registration shall be established by implementing legislation.
Changes concerning land on the farm and the farm
(1) If the land area is changed by an eco-farm, the person included in the transitional period or the environmental entrepreneur must notify the Ministry in writing without undue delay. The Ministry shall, within 30 days of the receipt of this notification, make an appropriate change to the register of use of agricultural land according to user relations, in accordance with special legislation14) or, where appropriate, in the register of non-agricultural land according to the data in the real estate register 13), and in the list.
(2) In the event of the transfer or transfer of ownership of an eco-farm to another legal or natural person who has an agricultural business (8), that person shall, if he intends to continue to farm on organic farming, submit a registration without undue delay. The Ministry shall decide on registration within 30 days of receipt of the application. Paragraph 6 shall apply mutatis mutandis to the details of the application and to the procedure.
Cancellation and termination of registration
(1) The Ministry shall cancel the registration of a person engaged in organic farming if:
(a) request it in writing; or
(b) has repeatedly infringed the requirements laid down by this Act or by the regulations of the European Communities (1); a repeated infringement shall be deemed to have occurred within one year of the date on which the previous decision imposing the fine became final.
(2) The Ministry shall also cancel registration if:
(a) within 36 months of registration, the organic operator shall not obtain at least one certificate per bioproduct or, during each calendar year thereafter, at least one certificate per bioproduct per calendar year; or
(b) the producer of biofood (9), the manufacturer or supplier of organic feed (6) or the supplier of organic propagating material7) shall not obtain, within 24 months of registration, at least 1 certificate per biofood or other bioproduct or, during each calendar year thereafter, at least one certificate per biofood or other bioproduct per calendar year.
(3) The registration of a person engaged in organic farming shall cease if:
(a) died,
(b) it has disappeared; or
(c) there is a transfer or transfer of an eco-farm to another person and the person doing business in organic farming no longer manages another eco-farm.
(4) Following the acquisition of legal authority, the decision to revoke the registration and, in the event of the termination of registration, the Ministry shall immediately delete the list.
10) Article 8 (1) of Council Regulation (EEC) No 2092 / 91.
11) § 591 et seq. of the Commercial Code.
12) Annex IV to Council Regulation (EEC) No 2092 / 91.
13) Act No. 344 / 1992 Coll., on the cadastral property of the Czech Republic (cadastral law), as amended by Act No. 89 / 1996 Coll., Act No. 103 / 2000 Coll., Act No. 120 / 2000 Coll., Act No. 220 / 2000 Coll. and Act No. 53 / 2004 Coll.
14) Sections 3a to 3f of Act No. 252 / 1997 Coll., as amended by Act No. 128 / 2003 Coll.
15) For example, Article 1 (2) of Annex I, Part B and C to Council Regulation (EEC) No 2092 / 91. '
footnote 14 to 18 is deleted.
9. Article 9 shall be deleted, including the title.
10.
Limitation of harmful effects on organically managed land
Where organically-managed land is adjacent to land not managed in an environmentally-friendly manner, the environmental entrepreneur must take appropriate measures to reduce the risk of harmful effects on the organically-managed land, to the lowest extent possible; Such measures shall include, in particular, planting of hedges, windmills, green belts, insulating grasses or the setting-up of roads. ';
11. Article 11 to 13, including the headings and footnotes 19 to 21, shall be deleted.
12.
Animal husbandry in organic farming
(1) This Act is without prejudice to the provisions of specific legislation16), which lays down in particular the conditions of health care, welfare and protection of livestock, the conditions of breeding, breeding and registration of livestock, the space requirements for equipment and security of animals and the procedures for rearing livestock.
(2) The conditions for the farming of fish and rabbits in organic farming are laid down in implementing legislation in accordance with European Community rules (17).
16) Act No. 166 / 1999 Coll., as amended. Act No. 246 / 1992 Coll., for the protection of animals against abuse, as amended by Act No. 162 / 1993 Coll., Act No. 193 / 1994 Coll., Act No. 243 / 1997 Coll., the Constitutional Court found under No. 30 / 1998 Coll. and Act No. 77 / 2004 Coll. Act No. 154 / 2000 Coll., on the breeding, breeding and registration of livestock and amending certain related laws (Breeding Act), as amended by Act No. 162 / 2003 Coll., Act No. 282 / 2003 Coll. and Act No. 309 / 2002 Coll.
17) For example Article 1 (2), Annex I, Part B and C to Council Regulation (EEC) No 2092 / 91. '
footnote 22 to 25 is deleted.
13. Article 15 to 18 shall be deleted, including the headings and footnotes No 26.
14. In Part One, Title III, including the title, is deleted.
15. In Part One of Title IV: "CERTIFICATE AND NOTIFICATION OF BIOPRODUCT, BIOFOOD AND OTHER BIOPRODUCT '.
16. Sections 20 and 21 are deleted, including the title.
17. Sections 22 and 23, including the headings and footnotes 18, read:
Certificate of origin of the bioproduct, biofood or other bioproduct
(1) The certificate of origin shall be issued by the authorised person, in accordance with the ČSN EN 45011, on request within 30 days of the date of the inspection, for arable plant products and permanent crops, not later than 1 calendar year of harvest of the crop concerned, but not more than 15 months if the person engaged in organic farming has complied with the requirements of this law and the rules of the European Community1). Such certificates shall be kept by a person engaged in organic farming for a period of 5 years.
(2) The refusal to issue the certificate shall be written and justified and shall be issued within 30 days of the date of the inspection, for plant products at the latest by the harvest of the crop concerned; the original of the certificate of origin shall be transmitted by the authorised person to the person holding the organic production.
(3) The list of countries and their inspection bodies whose certificate referred to in paragraph 1 is recognised as equivalent to the certificate provided for in this Act and the rules of the European Community1) is published by the European Commission in a way that allows remote access.
Labelling of a bioproduct, a biofood or other bioproduct
(1) The bioproduct, biofood and other bioproductshall be identified in accordance with European Community rules (18), including the code of the authorised person with whom the person operating in organic farming has concluded a contract of inspection and certification and which has carried out the last check. Biocides, biocides and other biocides shall also be marked with the graphic character referred to in paragraph 2 on the packaging.
(2) The form of the graphic character identifying the bio-product, the bio-food product and the other bio-product is laid down in implementing legislation. This graphic character may only be used for the purposes of, and in accordance with, this Act or the regulations of the European Community1).
18) Article 2, 5 and 10 of Council Regulation (EEC) No 2092 / 91. '
footnote 29 to 31 is deleted.
18. Article 24 to 27, including the headings and footnotes No 32 to 34, shall be deleted.
19. In Paragraph 28, the words "and the regulations of the European Communities (1) 'shall be inserted after the words" this Act'.
20. Paragraph 29, including footnotes 19 to 26, reads as follows:
(1) The Ministry may conclude, on the basis of the results of a commercial tender pursuant to special legislation (19), a contract with a legal person or an organisational body of the state20) under which the delegate is entitled to issue certificates of origin for a bioproduct, a biofood or other bioproduct, checks and other professional activities. The assumption is that
(a) the delegate shall have technical and administrative equipment corresponding to the type and scope of activity envisaged;
(b) the staff of the authorised person and of the other persons carrying out checks on behalf of the authorised person (hereinafter referred to as "the person carrying out the inspection") shall have the training and experience referred to in paragraphs 2 and 3;
(c) the authorised person complies with the conditions laid down in this Act and the regulations of the European Community21).
(2) The person responsible for inspecting the applicant, the organic entrepreneur, the producer or the supplier of organic feed (6) or the supplier of organic propagating material7) must have at least a full intermediate vocational training (22) in the field of agriculture and forestry or veterinary sciences (23) and at least 5 years of professional experience or higher education (24) in the relevant direction and at least 1 year of professional experience.
(3) A person inspecting a biofood producer or a person who puts biofood or bioproductinto circulation must have at least a full mediumvocational training (22) in agriculture and forestry or in the food sector (23) and at least 5 years of professional experience or higher education (24) in the relevant direction and at least 1 year of professional experience.
(4) The person carrying out the check may not:
(a) be a person engaged in organic farming;
(b) to carry out checks on persons engaged in organic farming who have received advice in the last 3 years;
(c) carry out checks in the municipality where he is resident; or
(d) carry out checks on persons close to 25).
(5) The person carrying out the inspection under this law shall be obliged to maintain confidentiality regarding the facts which he or she has learned during the course of the inspection; This does not apply if it is for information which it is obliged to provide to the Ministry pursuant to § 30 (2) (b).
(6) The Ministry's procedure for the recognition of professional qualifications and other competence for the launch and pursuit of dependent or independent regulated activities on the territory of the Czech Republic, where the professional qualifications for the pursuit of such activities have been acquired or carried out in another Member State by nationals of Member States or their family members, is governed by specific legislation26).
19) § 281 et seq. of the Commercial Code.
20) Act No. 219 / 2000 Coll., on the property of the Czech Republic and its representation in legal relations, as amended.
21) Article 9 (11) and Annex III to Council Regulation (EEC) No 2092 / 91.
22) Paragraph 8 (2) of Act No. 29 / 1984 Coll., on the System of Primary Schools, Secondary Schools and Higher Vocational Schools (Education Act), as amended by Act No. 171 / 1990 Coll. and Act No. 138 / 1995 Coll.
23) Annex I, Section C, to Decree No. 354 / 1991 Coll., on secondary schools, as amended by Decree No. 187 / 1992 Coll. and Decree No. 144 / 2003 Coll.
24) Sections 55 and 57 of Act No. 111 / 1998 Coll., on Higher Education and on the amendment and addition of other laws (Act on Higher Education).
25) § 116 of the Civil Code.
26) Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications), as amended by Act No. 96 / 2004 Coll. Decree No. 213 / 2004 Coll., establishing a list of theoretical and practical areas which constitute the content of education and training required in the Czech Republic for the pursuit of regulated activities within the scope of the Ministry of Agriculture. "
21. the last sentence of Paragraph 30 (1) shall be deleted;
22. Paragraph 30 (2), including footnotes 27 and 28, reads:
"(2) The authorised person shall:
(a) carry out control and other activities under this Act, in accordance with ČSN EN 45011, ČSN EN 45004 and European Communities Regulation (27);
(b) provide the Ministry, in addition to the data provided under the European Commonwealth Regulation (28), with up-to-date data on bodies subject to control and on the conduct and results of checks and certification whenever requested by the Ministry.
27) Article 9 and Annex III to Council Regulation (EEC) No 2092 / 91.
28) Article 9 (8) (b) of Council Regulation (EEC) No 2092 / 91. '
23. in Paragraph 30 (3), the words "which could satisfy the facts of an administrative offence (§ 33)" shall be inserted after the words "paragraph 2 (a)."
24. in Article 30, paragraphs 4 and 5 read:
"(4) Persons engaged in organic farming shall be required to provide the authorised person with the documents and synergies provided for in order to verify the facts relevant for the inspection.
(5) The person carrying out the inspection shall be entitled, upon notification, to enter the premises where the bio-products, bio-foodstuffs or other bio-products are produced, transported or put into circulation and to require from their producers, importers or persons putting them into circulation the necessary documents, information and the necessary synergies to carry out their activities uninterrupted and rapid, including sampling. ';
25. in Paragraph 30 (6), the words "the control authority" shall be replaced by the words "the person carrying out the control."
26th Paragraph 30 (7) reads:
"(7) The person carrying out the check referred to in paragraph 5 shall demonstrate his identity and submit an authorisation to carry out the check from the authorised person. ';
Article 27 (31) shall be deleted, including the title.
28. in Paragraph 32 (1):
"(1) Any objection to the issue of a certificate by the authorised person may be lodged by the person responsible within 15 days of the expiry of the period of 30 days for the issue of the certificate or from the date of receipt of the notification of refusal. ';
29. in Paragraph 32 (2), the last sentence is deleted;
30. Paragraph 32 (3) is deleted.
31. Paragraph 33, including the title and footnotes No 29 to 61, reads:
Administrative offences
(1) Legal or business natural person as a person included in the transitional period or as a person operating in organic farming shall commit an administrative offence by contravening this law or the rules of the European Community1)
(a) uses unauthorised feed, feed materials, compound feed, complementary feed, additives and premixtures, plant protection products, fertilisers, soil improvers, propagating material, cleaning and disinfection preparations for breeding buildings and establishments, preparations and anti-pest products in stables and breeding establishments or ossiva29);
(b) transports animals in an unauthorised manner (30);
(c) uses animal housing (31);
(d) does not promote the natural immunity of the animal32),
(e) use genetically modified organisms or products of such organisms with the exception of veterinary medicinal products (33);
(f) does not maintain fertility and biological activity of the sodium34),
(g) does not use preventive, mechanical and physical procedures to protect against pests, diseases and weeds (35);
(h) keeping the same type of farm animal organic and non-organic);
(i) does not provide nourishment for young animals with natural, preferably breast milk (37);
(j) use in animal husbands38);
(k) use in animal husbandry substances intended to stimulate growth or performance or hormones with a view to controlling reproduction or stimulation of emoluments (39);
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Regulation Information
| Citation | Act No. 553 / 2005 Coll., amending Act No. 242 / 2000 Coll., on Organic Agriculture and amending Act No. 368 / 1992 Coll., on Administrative Charges, as amended, as amended, Act No. 320 / 2002 Coll., and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.2005 |
|---|---|
| Effective from | 30.12.2005 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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