Act No. 61 / 2017 Coll.
Act amending Act No. 156 / 1998 Coll., on Fertilizers, Soil Auxiliary Substances, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended
Valid
Effective from 01.05.2017
61
THE LAW
of 19 January 2017
amending Act No. 156 / 1998 Coll., on fertilisers, soil improvers, auxiliary plant preparations and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 156 / 1998 Coll., on fertilisers, soil improvers, aids and substrates and on agrochemical testing of agricultural soils (Fertilisers Act), as amended by Act No. 308 / 2000 Coll., Act No. 147 / 2002 Coll., Act No. 317 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 9 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 490 / 2009 Coll., Act No. 279 / 2013 Coll., and Act No. 263 / 2014 Coll., is amended as follows:
1. Paragraph 1 (1), including footnotes 1 and 1a, reads as follows:
"(1) This law incorporates the relevant European Union1), following the directly applicable regulation of the European Union2), and adapting
(a) conditions for putting into circulation, storage and use of fertilisers, soil improvers, auxiliary plant products and substrates;
(b) the conditions for agrochemical testing of agricultural soils;
(c) the conditions for the identification of the soil characteristics of forest parcels and certain conditions for the use of the adjusted calorific value (1a);
(d) conditions for putting into circulation, storage and use of sediment;
(e) the powers of professional supervision of compliance with the obligations laid down by this law, including the powers to impose penalties.
1) Council Directive 86 / 278 / EEC of 12 June 1986 on the protection of the environment and, in particular, of the soil in the use of sewage sludge in agriculture.
(1a) Paragraph 32 of Act No. 185 / 2001 Coll., on waste and on the amendment of certain related laws, as amended. '
2. in Articles 1 (5) and (6), 10 (1), 12 (4), 13 (1) (a) and (b) and 13a (1), the words "the European Communities" shall be replaced by the words "the European Union";
3. footnote 2a shall read:
"(2a) Commission Regulation (EU) No 142 / 2011 of 25 February 2011 implementing Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97 / 78 / EC as regards certain samples and articles exempt from veterinary checks at the border under that Directive."
4. In Section 2, the words "except plant protection products' shall be added at the end of the text in point (i).
Footnote 21 reads as follows:
"(21) Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC."
5. In Article 2, the words "except plant protection products' shall be added at the end of the text in point (j).
6. in Article 3 (1) (a):
"(a) they are registered under this Act or have been approved in accordance with Article 3a (3) or Article 3b (3); this shall not apply in respect of EC livestock and fertilisers;"
7. In Article 3 (2) (c), the word "or 'is replaced by a comma and the words" or microbiological parameters' are inserted after the words "hazardous substances'.
8. In Paragraph 3 (2), at the end of point (c), the dot is replaced by "or 'and the following point (d) is added:
"(d) contrary to the conditions of registration laid down in Article 5 (1) (d)."
9. In Article 3 (4), the first sentence is replaced by the following: "Derogations to the extent provided for by the implementing legislation are permitted from the chemical and physical properties of the fertiliser or of the excipients mentioned in the labelling."
10. In Paragraph 3 (5), the words "word" and 'are replaced by a comma after the words "hazardous substances' and" microbiological parameters' are inserted.
11. in Article 3a (2) (d):
"(d) a draft label or package leaflet (22) to which the fertiliser or additive will be provided in accordance with Section 7."
Footnote 22:
"(22) Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006."
12. In Article 3a (3), at the end of the text of the first sentence, the words "including the authentic text of the label or package leaflet 'and in the sentence of the second sentence, the words" the prohibition received' are replaced by the words "the notification of the initiation of the prohibition procedure '.
13. in Paragraph 3a (4):
"(4) The Institute shall decide to prohibit the putting into circulation of fertiliser or excipient if:
(a) it does not correspond to the type of fertiliser or to the aid referred to in the Decree;
(b) it does not fulfil the conditions laid down in Article 3; or
(c) the declaration does not fulfil the conditions laid down in Article 3a (2). "
14. Paragraph 3a (5) is deleted.
15. the following Section 3b is inserted after Section 3a, including the title and footnote 23:
Notification of mutually recognised fertilisers
(1) Production3a), Import3a) or a supplier intending to put into circulation a fertiliser or an excipient which complies with the rules applicable to the production or marketing of such fertilisers or of excipients in a Member State of the European Union, the European Economic Area or the Swiss Confederation, or with the production procedures and rules of good manufacturing practice used in one of those States, for which there is sufficient detailed documentation to enable additional investigations to be carried out if necessary (hereinafter referred to as "mutually recognised fertiliser"), is required before its first putting into circulation in the Czech Republic to send to the Institute a declaration of putting into circulation of a mutually recognised fertiliser.
(2) The notification of a mutually recognised fertiliser referred to in paragraph 1 shall include, in addition to the requirements laid down in the administrative rules:
(a) if the declarant is an importer or supplier, the name and address of the manufacturer, or, where applicable, the identification number of the person, if it is assigned, if it is a natural person, or the name or business name, registered office or, where appropriate, legal form of business, and the manufacturer's identification number, if it is assigned, the legal person;
(b) the name of the fertiliser mutually recognised;
(c) a valid proof of the entry into circulation of a fertiliser which has been mutually recognised in a Member State of the European Union, the European Economic Area or the Swiss Confederation; and
(d) a proposal for a label or package leaflet to which a mutually recognised fertiliser will be provided in accordance with Section 7 and, at the same time, a label or a package leaflet with which a mutually recognised fertiliser is lawfully put into circulation in a Member State of the European Union, the European Economic Area or the Swiss Confederation.
(3) The fertiliser which is the subject of the declaration referred to in paragraph 1 may be put into circulation by the notifier, subject to the agreement of the Institute, which shall include the authentic text of the label or package leaflet. If such consent has not been received by the notifier within 30 days of the date on which the notification was received by the Institute, nor has it received within that period the notice of initiation of the procedure for the prohibition of putting into circulation referred to in paragraph 4, the institution shall be entitled to give its consent.
(4) The Institute shall decide to prohibit the putting into circulation of a mutually recognised fertiliser if:
(a) it does not fulfil the conditions laid down in Article 3; or
(b) the declaration does not fulfil the conditions laid down in Paragraph 3b (2).
(23) Regulation (EC) No 764 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down procedures for the application of certain national technical rules to products lawfully marketed in another Member State and repealing Decision No 3052 / 95 / EC. "
16. in Paragraph 4 (2):
"(2) The application for registration of fertiliser shall contain, in addition to the requirements laid down in the administrative rules:
(a) if the applicant is an importer or a supplier, the name and registered office of the manufacturer or, where appropriate, the identification number, if any, if it is a natural person, or the name or business name, the registered office or, where appropriate, the legal form of business and the manufacturer's identification number, if it is a legal person,
(b) the name of the fertiliser and its species;
(c) a draft label or package leaflet to which the fertiliser will be provided in accordance with Section 7;
(d) a description of the production process, including a list of the raw materials used to produce the fertiliser; and
(e) confirmation that it is not an explosive under special legislation (4), if it is an ammonium nitrate fertiliser. ';
17. in Article 5 (1) (c) to (e):
"(c) the manufacturer's data referred to in Article 4 (2) (a);
(d) the conditions of registration established on the basis of the results of the assessment or examination of the fertiliser referred to in Article 4 (4) and (5);
(e) the authentic text of the label or package leaflet; and ';
18. in Paragraph 5 (4), the words "labels or package leaflet" shall be inserted after the words "fertiliser name."
19. In Article 5, at the end of paragraph 5, the dot is replaced by a comma and the following points (c) and (d) are added:
"(c) if the applicant has infringed the conditions for registration of the fertiliser; or
(d) where the fertiliser contains a plant protection product. "
20. In Article 5, the following sentence is added at the end of paragraph 7: "This shall not apply to a fertiliser containing a plant protection product which may be put into circulation after the expiry of the decision or cancellation of the marketing authorisation referred to in paragraph 5 (a) or (d) for a maximum period of six months."
21.
Fertiliser register
(1) Registered and reported fertilisers and auxiliary substances are entered in the fertiliser register (hereinafter referred to as the register), which is maintained by the Institute.
(2) The data relating to fertilisers referred to in Article 3a (2), Article 3b (2) or Article 4 (2) shall be entered in the register, with the exception of data relating to the production process and raw materials used pursuant to Article 4 (2) (d).
(3) The register is publicly available in a way that allows remote access.
(4) The provisions of paragraph 2 shall apply mutatis mutandis to the excipients. "
22. in Article 7 (1) of the introductory part of the provision, the words "on the label or package leaflet" shall be inserted after the word "labelling."
23. in Article 7 (1) (a), the words "product detail 1b)" shall be replaced by the words "production3a)."
footnote 1b is deleted.
24. in Article 7 (1) (c) and (d):
"(c) the content of the determining parts of the fertiliser, including the content of the risk elements and of the risk substances, and other determining chemical or physical parameters; for nutrients, their form and solubility,
(d) granularity and fineness of fertiliser milling, fluid stability, harshness and specific requirements for storage and use, ';
25. in Article 7 (1) (g):
"(g) the weight of the fertiliser and, where appropriate, the volume and ';
26. in Paragraph 7 (3):
"(3) The marking of the fertiliser shall be in the Czech language and shall be permanently and directly legible without breaching the packaging, while at the same time the marking of the fertiliser shall not be confusing or indicating characteristics which the fertiliser does not have. '
27. in Article 8 (2), the words "(a) to (c)" shall be inserted after the words "Paragraph 1";
28. In Paragraph 9 (1), the sentence "Fertilizers, auxiliary substances and treated sludge must be inserted after the second sentence so that water pollution cannot occur '.
29. in Article 9, the following paragraph 4 is inserted after paragraph 3:
"(4) Agricultural entrepreneurs applying liquid fertilisers or aids on agricultural land by air shall be obliged to send the Institute at the latest 14 days before the implementation of the report. ';
Paragraphs 4 to 10 shall be renumbered paragraphs 5 to 11.
30. in Article 9 (10), the words "and the reporting of the air application of fertilisers and excipients" shall be added at the end of the text in point (c);
31. in Article 10 (1), the words "and monitoring of inputs to agricultural soils" shall be added at the end of the text referred to in point (b).
32. in Article 10 (2) (b), the words "and inputs to soils" shall be inserted after the words "soils."
33.In Article 10 (2) (c), the words "sampling and sampling 'shall be inserted after the words" implementation'.
34. In Article 10, at the end of paragraph 2, the dot is replaced by "a 'and the following point (d) is added:
"(d) carrying out long-term accurate field trials, including lysimetric observations."
35. in Article 10 (7), the first sentence is replaced by the sentence "The planning and evaluation of agrochemical testing of agricultural soils and monitoring of agricultural soils shall be carried out by the Institute by means of land records according to user relations and shall transmit the results to the Ministry and the Ministry of the Environment."
36. in Article 11 (2) (c), the words "seed production" shall be replaced by the words "rescue and reproduction of gene sources."
37. Footnote 16b reads:
"(16b) Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 relating to fertilisers, as amended. Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules concerning animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774 / 2002 (Animal by-products Regulation). Commission Regulation (EU) No 142 / 2011 of 25 February 2011 implementing Regulation (EC) No 1069 / 2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption and implementing Council Directive 97 / 78 / EC as regards certain samples and articles exempt from veterinary checks at the border under that Directive. ';
38. in Article 14a (1) (a), "5" is replaced by "6."
39. in Paragraph 14a (1) (b), "6 and 7" is replaced by "7 and 8."
40. in Article 14a (2) (a), the words "and Article 3 (3)" and "pursuant to Article 3a" shall be deleted;
41. in Article 14a (2), the following points (b) to (d) are inserted after point (a):
"(b) in contravention of Article 3 (1) (b), shall put into circulation a fertiliser or an excipient which endangers the fertility of land or human or animal health;
(c) in contravention of Article 3 (1) (c), it shall put into circulation a fertiliser or an excipient which is harmful to the environment;
(d) in contravention of Article 3 (1) (e), it shall put into circulation a fertiliser or an excipient which is degraded, ';
Points (b) to (f) shall be renumbered as points (e) to (i).
(42) In Article 14a (2) (e), the words "and Article 3 (3)" shall be deleted and the words "or hazardous substances" shall be replaced by the words "hazardous substances or microbiological parameters."
43.In Article 14a (2), the following point (f) is inserted after point (e):
"(f) in contravention of Article 3 (2) (d), shall put into circulation a fertiliser or an excipient which does not comply with the conditions of registration;"
Points (f) to (i) shall be renumbered as points (g) to (j).
44. in Article 14a (2) (h), the words "paragraphs 1 to 4" shall be replaced by the words "or by an implementing act to implement it";
45. in Paragraph 14a (2) (j):
"(j) in contravention of the directly applicable provisions of the European Union in the field of fertility16b) does not fulfil any of the obligations of:
1. marketing of fertiliser;
2. identification, labelling, packaging or traceability of the fertiliser;
3. compliance with fertiliser composition requirements; or
4. the use of organic fertilisers. ';
46. in Article 14a (3) (b), "(d)" is replaced by "(h) or (j) (4)."
47. in Article 14a (3) (c), "(c) or (e)" is replaced by "(d), (f), (g), (i) or (j) (2) or (3)."
48. in Paragraph 14a (3) (d), "(a), (b) or (f)" is replaced by "(a), (b), (c), (e) or (j) (1)";
Transitional provisions
1. Administrative proceedings initiated pursuant to Act No. 156 / 1998 Coll., as effective before the date of entry into force of the Act, and have not been definitively completed before the date of entry into force of the Act, shall be completed in accordance with Act No. 156 / 1998 Coll., as effective before the date of entry into force of the Act.
2. The Institute shall immediately suspend the registration of a fertiliser if the fertiliser contains a plant protection product.
3. Within 3 months of the date of entry into force of this Act, the Institute shall withdraw the registration of fertilisers issued before the date of entry into force of this Act if the fertiliser contains a plant protection product. Fertilizers for which a marketing authorisation has been revoked under the first sentence may be put into circulation for a maximum period of 9 months from the date of entry into force of this Law.
(4) Points 2 and 3 shall apply mutatis mutandis to the excipients.
Technical Regulation
This Act was notified in accordance with Directive (EU) 2015 / 1535 of the European Parliament and of the Council of 9 September 2015 on the procedure for the provision of information in the field of technical and information society services.
Efficacy
That law shall take effect on the first day of the second calendar month following its publication.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 61 / 2017 Coll., amending Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Subsubstrates and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 03.03.2017 |
|---|---|
| Effective from | 01.05.2017 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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