Act No. 60 / 2017 Coll.
Act amending Act No. 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Breeding Animals and amending certain related laws (Breeding Act), as amended
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Effective from 18.03.2017
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60
THE LAW
of 18 January 2017
amending Act No 154 / 2000 Coll., on Breeding, Breeding, Breeding and Registration of Animals and amending certain related laws (Breeding Act), as amended
Parliament has decided on this law of the Czech Republic:
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., Act No. 444 / 2005 Coll., Act No. 130 / 2006 Coll., Act No. 182 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 291 / 2009 Coll., Act No. 32 / 2011 Coll., Act No. 64 / 2014 Coll., Act No. 250 / 2014 Coll., and Act No. 168 / 2015 Coll., is amended as follows:
1. in § 1 (1) of the introductory part of the provisions, § 3 (3), § 5 (6) and (8), § 7 (1) and (8), § 8 (4), § 9 (3) (b) and (c), § 21 (2), § 24 (3) (h), § 24 (4) (b), § 24 (5), § 24 (6) (d), § 29 (2) and § 29b (5), the words "European Communities" shall be replaced by "European Union."
2. in Paragraph 2 (1) (n), the word "entrepreneur" 4) shall be replaced by "entrepreneur 20";
3. In Article 2, at the end of paragraph 1, the dot is replaced by a comma and the following point (t) is added:
"(t) by putting into circulation breeding animals, semen, embryos, egg cells, hatching eggs of poultry and fish breeding material and honey bees, offering for sale and any other means of transfer for consideration or free of charge to other persons."
4. Paragraph 2 (2) reads as follows:
"(2) For the purposes of this Act:
(a) genetic source of the animal
1. an animal registered in a national programme belonging to a species or breed situated on the territory of the Czech Republic which is relevant for nutrition and agriculture and for the protection and sustainable use of biological diversity (6d), which are included in the national programme; or
2. genetic material of animal origin which contains functional units of inheritance and allows the transmission and regeneration of an individual while maintaining its genetic base, in particular semen, egg cells or embryos collected, and which is stored and registered in genobanks included in the National Programme,
(b) a genobanka legal person operating a set of facilities for the preservation and use of animal genetic resources;
(c) biological material collected from material of animal origin which allows information on the genetic equipment of the animal, in particular mucosal swabs, blood or hair. ';
5. footnote 6e shall read:
"6e) § 214 et seq. of the Civil Code. '.
6. In Article 5, at the end of paragraph 7, the dot is replaced by a comma and the following point (h) is added:
"(h) provide the designated person or ministry, upon written request, with the exception of the information which constitutes the subject of trade secrets 6g) necessary for the performance of their tasks under this Act.
6g) § 504 of the Civil Code. '.
7. In Section 6 (1) of the introductory part of the provision, the word "business4) 'is replaced by the word" business20'.
8. In Article 6, at the end of paragraph 4, the dot is replaced by a comma and the following point (h) is added:
"(h) to provide the designated person or ministry, upon written request, with the exception of information which constitutes the subject matter of the trade secret (6g) needed to carry out their tasks under this Act."
9. Paragraph 14, including the title and footnote 21, reads as follows:
National programme for the conservation and use of genetic resources of plants, animals and micro-organisms of importance for nutrition and agriculture
(1) The Ministry processes the National Programme for the Conservation and Use of Genetic Resources of Plants, Animals and Microorganisms of Nutrition and Agriculture ("the National Programme"), which contains the conditions and procedures to ensure the conservation, preservation, documentation and sustainable use of genetic resources of animals. The Ministry issues the National Programme for a period of 5 years; a national programme participant referred to in paragraph 4 may initiate its amendment.
(2) To be included in the National Programme
(a) species or breed of animal,
(b) a recognised breeding association or association of livestock breeders (hereinafter referred to as the association);
(c) the natural or legal person who owns the genetic resource of the animal (hereinafter referred to as the owner of the genetic resource of the animal); and
(d) genobank.
(3) The national programme shall include:
(a) an individual of the genetic source of the animal;
(b) genetic and biological material stored in the genobance.
(4) Participants in the National Programme are:
(a) a public research institution21) set up by the Ministry, which coordinates measures aimed at implementing the National Programme and related measures (hereinafter referred to as "designated person");
(b) owner of the genetic resource of an animal included in the National Programme;
(c) the association referred to in the decision to include the species or breed of the animal in the National Programme;
(d) a genobank included in the National Programme.
21) Act No. 341 / 2005 Coll., on Public Research Institutions, as amended. '
10. The following Sections 14a to 14h are inserted after Section 14, including the headings:
Classification of the species or breed of animal into the National Programme
(1) The species or breed of animal shall be included by the Ministry in the National Programme at the request of the Association in writing, provided that:
(a) the species or breed of the animal is situated in the territory of the Czech Republic, is autochthonized or locally adapted, is of importance for nutrition and agriculture and the protection and sustainable use of biological diversity (6d), its population is viable and it is shown to be capable of being distinguished from another species or breed;
(b) The method of conservation of the genetic source of the animal (hereinafter referred to as the "Methodology") corresponds to its structure and content set out in the implementing legislation; and
(c) the rules of the herd-book or herd-register, where the association is required to maintain it, shall take into account the procedures laid down in the Methodology.
(2) The Association will accompany the application for inclusion in the National Programme
(a) supporting evidence that the species or breed of the animal is situated in the territory of the Czech Republic, is autochthonized or locally adapted, is of importance for nutrition and agriculture and the protection and sustainable use of biological diversity (6d), its population is viable and it is shown to be supported by data enabling it to be distinguished from another species or breed of the animal;
(b) a proposal for a methodology; and
(c) a proposal to amend the rules of the herd-book or herd-register where the association is obliged to maintain it.
(3) In order to consider the application for inclusion referred to in paragraph 2, the Ministry shall request the statement of the designated person supporting the decision.
(4) The decision to include the species or breed of the animal in the National Programme shall include, in addition to the general requirements, the name of the species or breed of the animal and as an annex to the approved Methodology and, where appropriate, the order of the herd book or breeding register.
(5) The Decree sets out the Annex to the Methodology, which is a set of procedures and organisational measures to ensure the conservation, protection, preservation, documentation and sustainable use of animal genetic resources.
Inclusion of the owner of the genetic source of the animal in the National Programme
(1) The owner of the genetic source of the animal shall be assigned by the Ministry to the National Programme on the basis of his written request if the animal:
(a) is part of a population of a species or breed of an animal included in the National Programme;
(b) it is permanently marked in such a way as to avoid confusion with other individuals, except for certain animal species for which a permanent marking is not possible; and
(c) complies with the criteria for the registration of the genetic source of the animal in the National Programme, which are set out in the Methodice annexed to the Decision on the inclusion of the species or breed of the animal in the National Programme pursuant to Paragraph 14a (4).
(2) The owner of the animal shall accompany the application for inclusion in the National Programme with a declaration that the conditions for the registration of that animal as a genetic resource in the National Programme referred to in paragraph 1 are fulfilled and that the person designated has a statement on the conditions referred to in paragraph 1 (a) and (c).
(3) The decision to include the owner of the genetic resource of the animal in the National Programme is valid for 5 years from the date of the acquisition of legal authority and must, in addition to the general requirements, include the owner's registration number under the National Programme and the name of the species or breed of genetic resource of the animal.
(4) The decision to include the owner of the genetic resource of the animal may be extended by the Ministry by a maximum of 5 years, at the request of the owner in writing, if the owner fulfils the requirements for inclusion in the National Programme. The application for extension of the decision to be included in the National Programme shall be submitted by the owner to the Ministry at least 2 months and not earlier than 6 months before the expiry of the decision to be included in the National Programme. The owner shall attach the declaration referred to in paragraph 2 to the application for an extension of the duration of the decision to be included in the National Programme.
Classification of genobank into the National Programme
(1) The Ministry shall include the Genobank in the National Programme on the basis of its written request, provided that the operational rules of the Genobank guarantee the proper preservation and registration of genetic and biological material according to the specification of the retained genetic and biological material.
(2) Genobank will accompany the application for inclusion in the National Programme
(a) the operating rules of the genobank; and
(b) the specification of the retained genetic and biological material.
(3) In order to consider the application for inclusion referred to in paragraph 2, the Ministry shall request the statement of the designated person supporting the decision.
(4) The decision to include a genobank in the National Programme shall be valid for 5 years from the date of the acquisition of legal authority and shall include, in addition to the general requirements, the specification of the retained genetic and biological material and the registration number of the genobank in the National Programme.
(5) The validity of the decision on the inclusion of a genobank in the National Programme may be extended by a maximum of 5 years, upon written request of the genobank, if the genobank fulfils the requirements for inclusion in the National Programme. A request for an extension of the decision to be included in the National Programme shall be submitted by the genobanka to the Ministry at least 2 months and not earlier than 6 months before the expiry of the decision to be included in the National Programme. The genobank shall include a declaration that the conditions for the inclusion of a genobank in the National Programme have not changed.
Amendment and revocation of the decision to be included in the National Programme
(1) The Ministry will amend the decision to be included in the National Programme if there has been a change
(a) the particulars in the decision; or
(b) the national programme concerning the conditions under which the decision was given.
(2) The Ministry shall revoke the decision to be included in the National Programme if:
(a) the legal person participating in the National Programme has ceased to exist;
(b) the natural or legal person participating in the National Programme has ceased its activities;
(c) a natural person participating in the National Programme has died or has been declared dead;
(d) a participant in the National Programme shall request its cancellation in writing,
(e) the genetic source of an animal owned by a participant in the National Programme no longer fulfils the conditions laid down in the Methodology; or
(f) there has been a change in the National Programme excluding inclusion in the National Programme.
Registration of an animal in the National Programme
(1) The Association that participates in the National Programme registers the animal as a genetic resource in the National Programme
(a) with the consent of the owner of the animal; and
(b) in the manner laid down in the Methodice annexed to the decision on the inclusion of a species or breed of an animal in the National Programme referred to in Article 14a (4).
(2) Only an animal which is:
(a) part of a population of a species or breed of an animal included in the National Programme;
(b) permanently marked in such a way as to avoid confusion with other individuals, except for certain species of animals for which permanent labelling is not possible; and
(c) satisfactory from the point of view of the Methodology annexed to the Decision on the inclusion of a species or breed of an animal in the National Programme referred to in Article 14a (4).
(3) The animal registered in the National Programme remains a genetic resource regardless of the change of owner of the animal.
(4) The Ministry, acting on a proposal from a designated person and with the consent of the owner of the animal, shall issue a decision to register the animal in the National Programme on the basis of the criteria laid down in the implementing legislation, in particular justified cases, where this is necessary for the restoration of genetic diversity, regeneration or revitalisation of the species or breed of the animal; on the basis of this Decision, the association shall register in the National Programme and enter the animal as a genetic source in the herd book or breeding register.
(5) An animal registered in the National Programme referred to in paragraph 4 may be used for breeding exclusively within the population of the genetic source of an animal of the same breed and in accordance with the Methodology annexed to the decision to include the species or breed of the animal in the National Programme referred to in Article 14a (4).
(6) The Decree sets out criteria for the registration of an animal as a genetic resource in the National Programme referred to in paragraph 4, in terms of the restoration of genetic diversity, regeneration or revitalisation of the species or breed of the animal.
Protection and sustainable use of animal genetic resources
(1) The owner of the genetic source of the animal participating in the National Programme is obliged to:
(a) comply with the conditions set out in the National Programme and the Methodology annexed to the Decision on the inclusion of a species or breed of an animal in the National Programme pursuant to Article 14a (4);
(b) notify the immediately designated person and association of the threat to the genetic source of the animal;
(c) evaluate and document the genetic source of the animal in the manner and to the extent laid down in the implementing legislation and transmit the results of that assessment to the association;
(d) to transmit a sample of biological or genetic material with the relevant documentation, except for information forming the subject of a trade secret (6g), to a designated person or genobance who is a participant in the National Programme, upon written request. The size of the sample shall be determined by the Ministry in the implementing act. The handover procedure is set out in the Methodology annexed to the Decision on the inclusion of a species or breed of an animal in the National Programme pursuant to § 14a (4),
(e) notify the Ministry in writing of any change to the data relating to the decisions on inclusion in the National Programme, no later than 30 days after the date of the change;
(f) notify in writing at least 30 days in advance of the intention to permanently relocate the individual genetic source of the animal from the Czech Republic to another Member State of the European Union or export it to a third country.
(2) The designated person shall:
(a) comply with the conditions laid down in the National Programme;
(b) keep records of participants in the National Programme and assign them registration numbers;
(c) coordinate activities related to the National Programme, including long-term conservation of genetic and biological material and animal genetic resources;
(d) ensure, in cooperation with a participant in the national programme, the regeneration of genetic resources of animals, where this is necessary for their protection, conservation or sustainable use;
(e) carry out an annual evaluation of the National Programme to the extent provided for in the implementing legislation and submit it to the Ministry and, on the basis of its results, where appropriate, propose to the Ministry regulations on measures relating to the protection, conservation or sustainable use of genetic resources of animals.
(3) A participant in the National Programme is obliged to allow a designated person's staff to examine the animal in order to determine the condition of the genetic source of the controlled animal; the designated person must inform the National Programme participant in writing of this intention. An employee of a designated person who, when determining the genetic source of the animal, becomes familiar with the data forming the subject of the trade secret (6g) shall be obliged to remain silent on such data. Where a designated person has obtained data from a participant in the National Programme on the genetic resource of an animal which constitutes the subject of a trade secret 6g) in determining the condition of the genetic resource of an animal, the designated person may not provide it to a third party without the consent of the participant in the National Programme.
(4) The Association which participates in the National Programme is obliged to:
(a) comply with the conditions set out in the National Programme and the Methodology annexed to the Decision on the inclusion of a species or breed of an animal in the National Programme pursuant to Article 14a (4);
(b) to notify the immediately designated person of the threat to the genetic source of the animal if he becomes aware of such threat;
(c) notify the Ministry of the change of the data relating to the decisions to be included in the National Programme no later than 30 days after the date of such change;
(d) ensure, in cooperation with other participants in the National Programme, the regeneration of genetic resources of animals, where this is necessary for their protection, conservation or sustainable use;
(e) carry out an annual evaluation of the species or breed of the genetic source of the animal to the extent laid down in the implementing legislation and submit that evaluation to the designated person,
(f) to provide the designated person or ministry, upon written request, with the exception of information forming the subject matter of the trade secret 6g) necessary for the performance of their tasks under this Act.
(5) The Ministry shall invite the Association to amend the Methodology in the event of changes in legislation, contracts resulting from the performance of international obligations, the National Programme or on the basis of the results of the evaluation of the National Programme carried out pursuant to paragraph 2 (e) or on the basis of the results of an evaluation of the species or breed of genetic resource of the animal carried out under paragraph 4 (e). The Association shall submit to the Ministry a proposal for amendments to the Methodology within 30 days of the date of receipt of the request for amendment of the Methodology, unless the Ministry sets a longer deadline. If the association does not submit a proposal to amend the Methodology to the extent required and within the time limit set, the decision to include the species or breed of the animal in the National Programme issued under Paragraph 14a (4) shall cease to be valid on the date on which the deadline for the application for amendment of the Methodology expired in vain. A change to the Methodology may be requested by the Association for other reasons than those mentioned in the first sentence. Paragraph 14a applies mutatis mutandis to the procedure for proposing a change to the Methodology. If the application is granted, the Ministry shall, in accordance with Paragraph 14a (4), issue a new decision which will be annexed to the new version of the Methodology.
(6) The Decree provides for:
(a) the manner and extent of the evaluation of the genetic source of the animal by the owner of the genetic source of the animal;
(b) the size of the sample of the genetic source of the animal which constitutes the collected genetic material of the animal;
(c) the extent of the annual evaluation of the species or breed of genetic resource of the animal by associations;
(d) the scope of the annual evaluation of the National Programme by a designated person.
Maintenance of animal genetic resources
(1) The conservation of the genetic source of the animal in the form of genetic material or biological material (hereinafter referred to as "material") is ensured by genobank in accordance with its operating rules and standards for genobanks as laid down by the Ministry in the implementing legislation.
(2) Genobank stores material under contract between the owner of the genetic source of the animal and the designated person. The stored material is managed by a genobank and its owner is the designated person, unless the contract provides otherwise.
(3) Genobank is required
(a) keep the material in accordance with the operating rules and standards for genobanks;
(b) to notify the occurrence of a situation involving the risk of damage or destruction of the material stored, to the person without delay and, in cooperation with him, to ensure that measures are taken to eliminate that risk.
(4) The material stored in the genobance is intended for long-term preservation and for use in non-commercial research, testing or restoration of genetic diversity, evaluation or regeneration of the species or breed of genetic resource of the animal.
(5) A sample of genobank material shall be provided to third parties, on request, with the consent of the designated person, provided that there is sufficient supply and that the supply of the sample does not endanger or damage the genetic source of the animal which could result in the physical destruction of the genetic source of the animal. A sample of material provides genobank at costs that do not exceed the costs associated with the granting of the sample. The extent of the sufficient stock of material shall be determined by the Ministry in the implementing legislation.
(6) The Decree provides for:
(a) standards for the preservation of genobank-secured material;
(b) the extent of the sufficient stock of material.
Financing the protection of animal genetic resources
The funds for the conservation, conservation, evaluation, documentation and sustainable use of the genetic resource of the animal under the National Programme shall be provided for the purposes set out in this Act from the State Budget through the chapter of the Ministry. '.
11. in Article 20 (4), the following sentence shall be added: "Only breeding bees or semen of honey-seed cows may be used to breed bees."
12. in Article 23 (1) (a), the words "and identification details of the legal representative, if the holder is a minor, shall be inserted after the word" person. "
13. in Article 23b (6), the words "to the extent justified and necessary to other bodies" shall be deleted;
14. in Article 23b (9), the words "the Czech Breeding Inspection, the veterinary authorities and the authorised person referred to in Article 23c" shall be inserted after the words "the Ministry."
15. Sections 26 and 27, including the headings, read:
Transfers
(1) A natural person commits an offence by:
(a) put into circulation a breeding animal born in the Czech Republic, hatching eggs of poultry or breeding material of fish or bees in breach of Article 21 (1);
(b) put into circulation a breeding animal born in other Member States of the European Union in breach of Article 21 (2);
(c) put into circulation a breeding animal born in third countries in breach of Article 21 (3);
(d) put into circulation breeding animals or animals entered in a breeding register produced in semen collection centres in the Czech Republic in breach of Article 21 (4);
(e) put into circulation breeding animals or animals entered in a breeding register produced outside the territory of the Czech Republic in breach of Article 21 (5);
(f) shall put into circulation in the territory of the Czech Republic of breeding animals entered in the central register of breeding animals contrary to Article 21 (6);
(g) put into circulation embryos or egg cells of breeding animals or animals entered in a breeding register in breach of Article 21 (7);
(h) in contravention of Article 21 (9), transfer from other Member States bees or breeding fish or their breeding material or bring them from third countries to the territory of the Czech Republic without the consent of the Ministry;
(i) fails to comply with one of the obligations imposed by a decision on a remedy measure issued pursuant to § 24 (3) (c) or a decision on a special measure issued pursuant to § 25 (2) or (3);
(j) makes it difficult or hindering the exercise of control under this law;
(k) carry out an activity for which consent or recognition is required without such consent or recognition; or
(l) fails to comply with the obligation under the directly applicable European Union Regulation on the section of breeding, breeding, marking and registration of animals.
(2) A natural person commits an offence as a breeder by:
(a) shall not create the conditions necessary for the identification of the data necessary for testing and assessment pursuant to Article 7 (5) (a);
(b) it shall not allow the testing, testing, demonstration or assessment of the external characteristics of the listed livestock referred to in Article 7 (5) (b) in its holdings;
(c) shall not provide breeding animals, their male or female offspring, hatching eggs or day-old poultry in poultry, breeding material in breeding fish or for joint control breeding or testing and assessment as referred to in Article 7 (5) (c),
(d) make it impossible to verify the origin or determination of the genetic type in accordance with Article 7 (5) (d);
(e) in contravention of Article 15 (1), it shall not use breeding animals registered in the central register of breeding animals;
(f) ensure that separate premises are not properly and safely carried out for the person authorised to carry out the insemination referred to in Article 17 (3);
(g) shall not inseminate in the case of their own breeding animals in accordance with Article 17 (4);
(h) ensure that separate premises as referred to in Article 18 (2) are not carried out properly and safely;
(i) shall not use the breed societies registered in the central register referred to in Article 19 (1) for natural breeding;
(j) does not keep records of the conduct of natural breeding or transmit them to the authorised person in accordance with Article 19 (2); or
(k) shall not use, for breeding of poultry, natural breeding or insemination in recognised breeding of breeding animals, their semen or breeding animals in accordance with Article 20 (1).
(3) A natural person, as owner of an animal, commits an offence by not applying for verification of the origin of the breeding animal or for the determination of its genetic type in accordance with Article 12 (6).
(4) A natural person shall, as a breeder or person putting into circulation breeding animals, semen, embryos, egg cells, hatching eggs of poultry or fish, commit an offence by not keeping a register or transmission of data concerning the placing into circulation to the authorised person in breach of Article 21 (8).
(5) As a participant in the National Programme, a natural person commits an offence by using an animal registered in the National Programme for breeding, contrary to Article 14e (5).
(6) As owner of the genetic resource of an animal participating in the National Programme, a natural person commits an offence by:
(a) fail to comply with the conditions set out in the National Programme and the Methodice referred to in Article 14f (1) (a);
(b) not immediately notify the designated person and association of the threat to the genetic source of the animal in accordance with Article 14f (1) (b);
(c) in contravention of Article 14f (1) (c), does not evaluate the genetic source of the animal and does not provide documentation thereof;
(d) in contravention of Paragraph 14f (1) (d), it shall not transmit a sample of biological or genetic material to the designated person or genobance or allow it to be taken;
(e) not notify the Ministry of the change of the data relating to the decisions to be included in the National Programme under Section 14f (1) (e); or
(f) not notify a person in writing of the intention to permanently transfer an individual genetic source of an animal from the Czech Republic to another Member State of the European Union or its export to a third country pursuant to Article 14f (1) (f).
(7) A natural person, as a breeder of designated animals, commits an offence by:
(a) they do not ensure their identification by means of the means referred to in Article 22 (1);
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Regulation Information
| Citation | Act No. 60 / 2017 Coll., amending Act No. 154 / 2000 Coll., on Breeding, Breeding and Registration of Animals and on the Amendment of Certain Related Acts (Breeding Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 18.03.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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