Act No. 62 / 2017 Coll.
Act amending Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forest-important species and artificial cross-breeds, intended for forest renewal and afforestation, and on the modification of certain related laws (Act on trade in forest reproductive material), as amended, and Act No. 289 / 1995 Coll., on forests and amending and supplementing certain laws (Forest Act), as amended
Valid
Effective from 01.05.2017
62
THE LAW
of 19 January 2017
amending Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of species of forest importance and artificial cross-breeds intended for forest renewal and afforestation, and amending certain related laws (Act on trade in forest reproductive material), as amended, and Act No. 289 / 1995 Coll., on forests and amending and supplementing certain laws (Forest Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on trade in forest reproductive material
Act No. 149 / 2003 Coll., on the circulation of forest reproductive material of forest species and artificial cross-breeds intended for forest renewal and afforestation, and on the amendment of certain related laws (Act on trade in forest reproductive material), as amended by Act No. 387 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 124 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 18 / 2012 Coll., Act No. 232 / 2013 Coll., Act No. 243 / 2016 Coll., Act No. 298 / 2016 Coll., is amended as follows:
1. in Paragraph 2 (a) (3):
'3. planting material which are plants derived from seed material, from parts of plants or from natural rejuvenation; planting material shall, according to the cultivation method, be broken down into seeds, seedlings, semi-plants and seedlings, '.
2. in Article 2 (k):
"(k) the owner of the source of the reproductive material or of the gene base, the owner of the parcel on which the source of the reproductive material or gene base is located;"
3. Paragraph 2a (3) reads as follows:
"(3) The delegate shall carry out an evaluation of the National Programme each year and transmit the results of the evaluation to the Ministry on 31 December of the previous calendar year by 31 January of the calendar year. ';
4. In Paragraph 2c, the following paragraph 3 is inserted after paragraph 2:
"(3) Where it requests the inclusion of a genetic resource of forest timber in the national programme of the lessee or smuggler of the land on which the genetic resource is located, it shall be required to document the application for a copy of the lease or padding contract or other document from the owner of the genetic resource, stating explicitly that it is entitled to apply for the inclusion of the genetic resource of forest timber in the national programme. ';
Paragraph 3 shall become paragraph 4.
5. In Article 2e, the following paragraph 4 is inserted after paragraph 3:
"(4) The evidence of the abolition of the inclusion of the genetic resource of forest trees in the National Programme shall include the designation of a participant in the National Programme, the type of genetic resource of forest trees, the Czech and scientific name of the wood, the registration number of the genetic resource of forest trees, the justification for the withdrawal of the inclusion of the genetic resource of forest trees in the National Programme and the information on the transfer of samples of genetic resources of forest trees and documentation of the genetic resources of forest trees to the designated person or the ownership of another participant of the National Programme in accordance with paragraph 3. '.
Paragraph 4 shall become paragraph 5.
6. Paragraph 2g (3) reads as follows:
"(3) If the inclusion of a genetic resource of forest trees in the National Programme has been cancelled by the authorised person, the owner of that genetic resource shall, within 30 days of the cancellation of the inclusion, transmit the documentation on the genetic resource of forest trees to the extent specified in the cancellation document to the person mentioned in that document. ';
7. Paragraph 2h (3) reads as follows:
"(3) For the purposes of breeding, research, education and filling of seed and explantations banks, participants in the National Programme shall be obliged to allow samples to be taken or to provide samples of genetic resources of forest trees free of charge. ';
8. Paragraph 2i (2), including footnote 32, reads:
"(2) The gene bases shall be declared on the basis of data from a valid forest economic plan or a valid forest economic curriculum within each area of provenance for all species of forest. The gene base shall be declared by the authorised person on the basis of his own expert opinion at the request of the owner of the forest 32) in the territory to be declared a gene base. Gene bases shall be declared for the period of validity of the forest economic plan or forest economic curriculum plus 1 calendar year. This period may be further extended, at the request of the owner of the forest, by the authorised person, but not more than 12 months. The list of gene bases shall be kept by the authorised person in the central register. The authorised person shall assign a registration number to the declared gene base.
32) § 58 (1) of Act No. 289 / 1995 Coll. '
9. In Paragraph 2i, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) If the owner of the land on which the gene base is located is changed, the new owner of the land shall notify the authorised person within 60 days of the date of the change. If the lessee or the smuggler of the land on which the gene base is located is changed, the owner of the land shall notify the delegate within 60 days of the date on which the change occurred and provide proof of a copy of the lease or smelting contract, if any.
(5) If the authorised person finds that the gene base where the owner, tenant or smuggler has changed in accordance with paragraph 4 does not comply with the conditions laid down by that law and its implementing rules, the declaration shall be withdrawn; in other cases, the change of owner, tenant or smuggler shall not be a reason to cancel the declaration of the gene base. ';
Paragraphs 4 and 5 shall become paragraphs 6 and 7.
10. Paragraph 2j, including the title and footnote 33, reads as follows:
Funding for the protection and reproduction of the forest tree gene pool
Funding for the collection, evaluation, documentation, protection and reproduction of genetic resources of forest trees under the National Programme and for the operation of the seed and explantations bank shall be provided in the form of grants to participants in the National Programme, including the designated person.
33) Article 14 of Act No. 218 / 2000 Coll., as amended. '
11. in Paragraph 6 (3):
"(3) The application for the issue of a certificate of origin referred to in paragraph 1 shall be submitted by the applicant to the authorised person no later than 21 calendar days after the end of the collection of seed material, the collection of parts of plants or the collection of planting material from natural rejuvenation, the date on which such collection was completed being the last day on which the collection of reproductive material took place. If the applicant fails to comply with the time limit laid down for issuing the certificate of origin, the authorised person shall not issue the certificate of origin. ';
12. In Article 11 (2), the last sentence is replaced by the following: "Crops may be recognised as sources of identified, selected or tested reproductive material only on the basis of the data of the current forest economic plan or the applicable forest economic curriculum."
13. in Article 11 (3), the word "legal" shall be inserted after the word "implementing";
14. In Article 11, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) If a change is made to the owner of the land on which the source of the reproductive material is located, the new owner of the land shall notify the authorised person within 60 days of the date of the change. If the lessee or the smuggler of the land on which the source of the reproductive material is located is changed, the owner of the land shall notify the delegate within 60 days of the date on which the change occurred and provide evidence of a copy of the lease or smelting contract, if any.
(5) If the authorised person finds that a recognised source which has changed owner, tenant or smuggler in accordance with paragraph 4 does not comply with the conditions laid down by this law and its implementing legislation, he shall withdraw his recognition. ';
Paragraph 4 shall become paragraph 6.
15. in the last sentence of Article 13 (1), the words "the species of wood for which the gene base is declared" shall be replaced by the words "also in the case of oak, oak and beech, if the gene base is declared for such wood."
16. In Paragraph 13, the following paragraph 2 is inserted after paragraph 1:
"(2) The crops shall be recognised as sources of identified reproductive material for the period of validity of the forest economic plan or forest economic curriculum plus 1 calendar year. ';
Paragraphs 2 to 4 shall become paragraphs 3 to 5.
17. in Articles 14 (2) and 16 (2), the words "for the period of validity of the forest plan or the forest economic curriculum plus 1 calendar year" shall be inserted after the words "reproductive material."
18. In Paragraph 20, the following paragraph 3 is inserted after paragraph 2:
"(3) The legal person referred to in paragraph 2 (b) shall have the treatment of forest reproductive material specified in the subject matter of his activity. ';
Paragraph 3 shall become paragraph 4.
19. in Article 23 (1), the following point (c) is inserted after point (b):
'(c) the licence holder's responsible representative shall cease to hold office,';
Points (c) and (d) shall be renumbered points (d) and (e).
20. Paragraph 23 (2) reads:
"(2) The licence holder shall notify the Ministry of the existence of the facts referred to in points (a) to (c) of paragraph 1, no later than 30 days after the date on which the change occurred; if they do not do so, the licence shall expire. ';
21. In Article 23, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) Where the licence holder notifies the Ministry of the existence of the facts referred to in points (a) to (c) of paragraph 1 and establishes a new representative and requests a new licence, the deadline for its termination referred to in paragraph 2 shall not apply.
(5) If the person responsible himself notifies the termination of his duties, he shall at the same time demonstrate that he has informed the licence holder in writing in advance. If it is not possible to determine the date of termination of the duties of the responsible agent, as notified to the licence holder, its execution shall end on the date of receipt of the notification of the responsible representative to the Ministry; if the responsible representative has indicated in his notification as the day of termination of his duties a day later, the performance of his duties shall end on that date. ';
Paragraph 4 shall become paragraph 6.
22. in Article 25a (5), the words "and the model of notification" shall be deleted;
23. in Article 26 (3), the words "and the authorised person referred to in Article 30" shall be inserted after the words "Public authorities."
24. in § 30 (2) (q):
"(q) declares gene bases, extends the period of their publication, cancels the publication of gene bases, assigns registration numbers to gene bases and sets out the method of management of gene bases,";
25. In Paragraph 30, at the end of paragraph 2, the dot is replaced by a comma and the following point (v) is added:
"(v) carry out a check on compliance with the conditions for the provision of funds under Article 2j."
26. in Article 34 (1) and Article 34a (1) (a) and (b):
"(a) shall not notify a threat to a genetic resource under Paragraph 2b (3);
(b) does not keep up to date documentation on genetic resources as referred to in Article 2g (1); ';
27. in Article 34 (1) and Article 34a (1), the following point (c) is inserted after point (b):
"(c) in contravention of Paragraph 2g (3), it shall not transmit the genetic source documentation.";
Points (c) to (e) shall be renumbered as points (d) to (f).
28. in Article 34 (1) and Article 34a (1) (e):
"(e) in contravention of Article 2h (3), refuse to allow samples of genetic resources to be taken or to be provided free of charge for the purpose of breeding, research, education and filling the seed and explantations bank; or"
29. in Paragraph 34 (2):
"(2) The natural person, as owner of the land on which the gene base is located, commits an offence by not announcing a change in the owner, tenant or smuggler of the land pursuant to Article 2i (4). '
30. In Paragraph 34, paragraphs 3 and 4 are added:
"(3) The natural person, as owner of the property on which the source of the reproductive material is located, commits an offence by not notifying the change of the owner, tenant or smuggler of the property pursuant to Article 11 (4).
(4) A fine of up to CZK 20,000 may be imposed for the offence referred to in paragraphs 1 to 3. "
31. in Article 34a, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) A legal person or an operating natural person shall, as owner of the land on which the gene base is located, commit an offence by not notifying the change of the owner, tenant or smuggler of the land in accordance with Article 2i (4).
(3) The legal person or the operating natural person shall, as owner of the land on which the source of the reproductive material is located, commit an offence by not notifying the change of the owner, tenant or smuggler of the land pursuant to Article 11 (4). ';
Paragraphs 2 to 6 shall be renumbered paragraphs 4 to 8.
32. in Article 34a (4), the following point (c) is inserted after point (b):
"(c) shall not submit an application within the time limit laid down for the issue of a certificate of origin in accordance with Article 6 (3),";
Points (c) to (f) shall be renumbered (d) to (g).
33.In Article 34a (8) (a) to (c):
"(a) 20 000 CZK if it is an administrative offence under paragraphs 1 to 3,
(b) 100 000 CZK if it is an administrative offence pursuant to paragraph 4 (a);
(c) 500 000 CZK, if it is an administrative offence pursuant to paragraphs 4 (b) to (g), 5, 6 or 7. ';
Section 38a reads:
The rights and obligations of the owner of the source of reproductive material or of the gene base under this Act, with the exception of the submission of an application pursuant to § 2c, shall also include the lessee or smuggler of the land on which the source of reproductive material or gene base is located, unless the lease or smelting contract concluded between the owner of the source of reproductive material or gene base and the lessee or smelter expressly provides otherwise. ';
35. in Paragraph 39 (1), "§ 2c (3)" is replaced by "§ 2c (4)," "§ 2i (4)" is replaced by "§ 2i (6)," "§ 13 (4)" is replaced by "§ 13 (5)" and "§ 20 (3)" is replaced by "§ 20 (4)."
Amendment of forest law
Act No. 289 / 1995 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 250 / 2002 Coll., Act No. 149 / 2003 Coll., Act No. 1 / 2005 Coll., Act No. 444 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 222 / 2009 Coll., Act No. 261 / 2006 Coll., Act No. 501 / 2012 Coll., Act No. 167 / 2008 Coll., Act No. 223 / 2009 Coll., Act No. 227 / 2009 Coll.
1. In Paragraph 27, the following paragraph 5 is inserted after paragraph 4:
"(5) The forest owner may, in the event of the merger of two or more parts of the forest property in order to process the new plan, request the authorising authority of the state administration of the forest to shorten the period of validity of the plan. The authority of the State Forest Administration shall comply with the application if, by shortening the period of validity of the plan, the uniform and continuous performance of the forest functions is not jeopardised. The application shall include forest economic records of compliance with the mandatory provisions of the plan, updated at the date of the proposed expiry of the plan. The proposal to shorten the plan period may only be made on 31 December of the current year. The deadline for submission of the application for a reduction of the plan's duration shall be within 30 days of the proposed expiry date. At the request of the owner of the forest, the authority of the State administration shall provide the forest owner with preliminary information pursuant to Section 139 of the Administrative Regulation on the conditions for reducing the period of validity of the plan. ';
Paragraphs 5 to 7 shall be renumbered paragraphs 6 to 8.
2. In Paragraph 27 (7), "5 'is replaced by" 6'.
3. In Paragraph 29 (1), "seeds or seedlings' is replaced by" reproductive material ';
4. In Paragraph 29, the following paragraph 3 is inserted after paragraph 2:
"(3) In the case of reproductive material intended for research, experimental or breeding purposes, the Ministry may authorise an exemption from the requirements for the use of reproductive material for artificial forest renewal and afforestation referred to in paragraph 1, the applicant for an exemption to the application shall provide evidence of a copy of the project prepared by the scientific or research institution. The exemption granted by the Ministry shall apply only to reproductive material used in the implementation of the project. '.
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
5. Paragraph 29 (4), including footnote 34, reads as follows:
"(4) The forest owner shall keep a record of the origin of the identified, selected, qualified and tested reproductive material used in the artificial restoration of the forest and afforestation and keep it for 10 years. This register also includes the register of accompanying documents (34) for individual sections of reproductive material used.
34) Article 8 of Act No. 149 / 2003 Coll., as amended. '
6. In Article 29, the following paragraph 5 is inserted after paragraph 4, including footnotes 35 and 36:
"(5) Where the owner of the forest uses the forest for the artificial renewal and afforestation of reproductive material originating from forest areas situated in the territory of the Czech Republic which are in his possession, he may use the accompanying sheet for all forest trees to register the origin of the reproductive material referred to in paragraph 4 or the affidavit of the forest owner on the origin of the reproductive material, in particular indicating:
(a) identification of the place from which the reproductive material originates by indicating the spatial distribution units of the forest 35);
(b) the registration number of the recognised unit from which reproductive material originates (36), if allocated;
(c) altitude or altitudes of the place where the reproductive material originates;
(d) the natural forest area where the reproductive material comes from.
35) Paragraph 6 (3) of Decree No. 84 / 1996 Coll., on Forest Economic Planning.
36) Article 12 of Act No. 149 / 2003 Coll., as amended. '
Paragraph 5 shall become paragraph 6.
7. In Paragraph 29 (6), "seeds and seedlings' is replaced by" reproductive material '.
8. In Paragraph 47, the following paragraph 6 is added:
"(6) The authorities of the State Forest Administration shall send to the Ministry, by 31 January each year for the previous calendar year, data on the withdrawal and withdrawal fees. These data shall be sent by means of designated electronic applications using an electronic form established by the Ministry. These data shall be accessible to the Ministry of the Environment. ';
9. In Paragraph 48a, at the end of paragraph 1, the dot is replaced by a comma and the following point (o) is added:
"(o) reducing the period of validity of the plan (§ 27 (5))."
10. in Article 49 (3), the following point (h) is inserted after point (g):
"(h) allows an exemption from the requirements for the use of reproductive material for artificial forest renewal and afforestation (§ 29 (3)),"
Points (h) to (n) shall be renumbered (i) to (o).
EFFECTIVE
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. 62 / 2017 Coll., amending Act No. 149 / 2003 Coll., on the circulation of forest reproductive material of forest-relevant species and artificial cross-breeds, intended for forest renewal and afforestation, and on the amendment of certain related laws (Act on trade in forest reproductive material), as amended, and Act No. 289 / 1995 Coll., on forests and amending and supplementing certain laws (Forest 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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