Act No. 9 / 2009 Coll.
Act amending Act No. 156 / 1998 Coll., on Fertilizers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended, and other related laws
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Effective from 23.01.2009
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9
THE LAW
of 12 December 2008
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, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Fertiliser Act
Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Products and Subsubstrates 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. and Act No. 553 / 2005 Coll., is amended as follows:
1. In footnote 1, the words "Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 on fertilisers' are replaced by" Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 on fertilisers, as amended. 'and the words "sewage sludge' are replaced by the words" sewage sludge '.
2. In the first sentence of Article 1 (1), the words "manure," shall be deleted, after the word "calo1a)," the words "and the conditions for putting into circulation, storage and use of sediments," and the second sentence shall be deleted.
3. In the first sentence of Article 1 (3), the words "for manure and 'shall be deleted; the words" and for sediment' shall be inserted after the words "sludges'; the words" for manure 'shall be deleted.
4. In Article 1, paragraphs 4 to 6 are added, including footnotes 2 and 2a:
"(4) The provisions of Sections 7, 8, 12, 13 and 14 to 14b shall apply to fertilisers, soil improvers, plant aids and substrates intended for use as raw materials for further processing.
(5) The provisions of the directly applicable regulation of the European Communities on fertilises2) and the provisions of this Storage Act (§ 8), the application (§ 9), professional supervision (§ 12), special measures (§ 13) and infringements and other administrative delicacies (§ 14 to 14b) shall apply to EC fertilisers.
(6) The central control and testing institute of agriculture (hereinafter referred to as the "Institute") carries out activities in accordance with the directly applicable regulation of the European Communities implementing the directly applicable regulation of the European Communities laying down health rules concerning animal by-products not intended for human consumption (2a).
2) Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council of 13 October 2003 concerning fertilisers, as amended.
(2a) Commission Regulation (EC) No 181 / 2006 of 1 February 2006 implementing Regulation (EC) No 1774 / 2002 as regards organic fertilisers and soil improvers other than manure and amending that Regulation. "
5. in Article 2 (a), the words "containing nutrients" are replaced by the words "eligible to provide an effective quantity of nutrients."
6. in Article 2, the following points (b) to (g) are inserted after point (a):
"(b) mineral fertiliser fertiliser in which the declared nutrients are contained in the form of minerals obtained by extraction or other physical or chemical processes; nitrogen lime, urea and condensation and association products and fertilisers containing micro-nutrients in the form of chelates or complexes shall also be considered as mineral fertilisers;
(c) an organic fertiliser containing the declared nutrients in organic form;
(d) organo-mineral fertiliser fertiliser in which the declared nutrients are contained in mineral and organic forms;
(e) liquid fertiliser fertiliser in suspension or solution,
(f) liquid fertilizer manure with a dry matter content not exceeding 13%,
(g) sedimentation of sediments at the bottom of ponds, water tanks and watercourses resulting mainly from the establishment of eroded soil particles, ';
Points (b) to (j) shall be renumbered as points (h) to (p).
7. in § 2 (h):
"(h) manure derived from manure produced as a by-product in livestock farming or a product in the cultivation of cultural plants, unless further modified; natural processes of transformation during storage, mechanical separation of slurry and the addition of substances reducing nutrient losses or improving nutrient efficiency shall not be considered as modifications; ';
8. In Article 2 (l), the words "manure," are deleted.
9. in Article 3 (1) (a), the words "or have been given consent pursuant to Article 3a" shall be inserted after the words "under this law," and the words "fertiliser complying with the conditions of this law, which corresponds to the type of fertiliser referred to in the Decree, on which the Decree provides that it is EC fertiliser and which is marked by the words" EC fertiliser "shall be replaced by the words" EC manure and fertiliser. "
10. in Article 3 (2), the words "or manure" shall be deleted;
11. in Article 3 (5), the words', manure and excipients' are replaced by 'and excipients';
12. The following Section 3a is inserted after Section 3, including the title and footnotes Nos 3a and 4:
Reporting of fertilisers and excipients
(1) Production3a), Import3a) or a supplier intending to put into circulation a fertiliser or an excipient which corresponds to the type specified in the Ordinance shall be obliged to send to the Institute, prior to its first entry into circulation in the Czech Republic, a declaration of the putting into circulation of the fertiliser or of the excipients.
(2) The notification referred to in paragraph 1 shall contain, in addition to the elements referred to in the administrative rules:
(a) if the declarant is an importer or supplier, the name, surname and residence of the manufacturer or, where appropriate, the identification number, if any, if it is a natural person, or the name or business name, registered office or, where applicable, legal form of business and the manufacturer's identification number, if it is a legal person;
(b) the name of the fertiliser or of the excipients, its type and type as defined in the Decree;
(c) confirmation that it is not an explosive in accordance with special legislation (4), if it is a fertiliser or an excipient containing ammonium nitrate.
(3) Fertilizer or an excipient which is the subject of the declaration referred to in paragraph 1 may be put into circulation by the notifier subject to the written consent of the Institute. If such consent is not received by the notifier within 30 days of the date on which the declaration was made by the Institute or within that time limit, the prohibition of putting into circulation referred to in paragraph 4 shall apply to the institution that has given its consent. The consent of the Institute shall be valid for five years. This period shall begin on the day following the date on which such consent was delivered to the notifier or on the day following the date on which 30 days have elapsed since the notification took place.
(4) Where the declaration of putting into circulation of a fertiliser or of an additive referred to in paragraph 1:
(a) it does not correspond to the type of fertiliser or aid referred to in the Decree; or
(b) it did not fulfil or was contrary to the conditions laid down in this law;
the Institute shall prohibit the putting into circulation by decision which is the first act in driving the fertiliser or the excipients. Such a decision shall be given by the Institute within 20 days of the date on which the notification of the introduction into circulation of the fertiliser or of the excipients.
(5) The Institute shall keep in electronic form a database of persons declared, containing the information referred to in paragraph 2 and an indication of the validity of the declaration. The database shall be publicly accessible in a way that allows remote access.
3a) Paragraph 2 (1) (c) and (d) of Act No. 634 / 1992 Coll., on Consumer Protection, as amended.
4) Article 21 of Act No. 61 / 1988 Coll., on Mining, Explosives and the State Mining Administration, as amended. '
13. Paragraph 4, including the title and footnotes Nos 5 to 8, reads:
Registration of fertilisers
(1) The Institute shall decide on the registration of the fertiliser on the basis of a request from production3a), an importer 3a) or a supplier who is entitled to business under a special legislation (5) and has a permanent residence, if any, in the territory of the Czech Republic (the applicant). A right to business under special legislation and permanent residence or registered office in the Czech Republic shall not be required for a person who has his residence or registered office or place of business in another Member State of the European Union, the Contracting State of the Agreement on the European Economic Area or the Swiss Confederation, provided that he is authorised to do business in accordance with the rules of that State.
(2) The application for registration of fertilisers contains, in addition to the requirements laid down in the Administrative Rules
(a) where the applicant is an importer or a supplier, the name, surname and residence of the manufacturer, or, where appropriate, an identification number, if any, 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 a legal person;
(b) the name of the fertiliser and its species;
(c) the content of each component of the fertiliser, including the content of the risk elements and of the risk substances; for nutrients, their form and solubility,
(d) granularity and fineness of milling fertiliser;
(e) the weight of the fertiliser and, where appropriate, the volume;
(f) the extent and method of use of the fertiliser and the conditions for its storage;
(g) a description of the production process, including the list of raw materials used to produce the fertiliser;
(h) confirmation that it is not an explosive under special legislation (4), if it is an ammonium nitrate fertiliser.
(3) If the applicant submits an application for registration of a fertiliser, it shall at the same time provide the Institute with the necessary samples of the fertiliser or allow them to be collected, or provide additional supporting documents and information necessary to demonstrate compliance with the requirements of this Act. The applicant shall at the same time pay the fee in accordance with a special legislature6).
(4) The Institute shall carry out a professional assessment of the compliance with the requirements of this Act (hereinafter referred to as the "assessment") or a verification of its properties by biological tests or tests (hereinafter referred to as the "examination"). The Institute shall inform the applicant accordingly. The assessment shall be carried out by the Institute where the characteristics and effects of the fertiliser are already sufficiently known or a comparison with the already registered fertiliser can be used. The examination shall be carried out by the Institute where the characteristics and effects of the fertiliser are unknown, in particular where the fertiliser is completely new, for which comparison with the already registered fertiliser cannot be used.
(5) The Institute may recognise the assessment or result of examinations carried out by another professional workplace, including a professional workplace which is located outside the territory of the Czech Republic, and refrain from its own assessment or examination if the assessment or examination has been carried out in accordance with a procedure corresponding to the requirements laid down by other legislation7).
(6) The Institute shall decide on the application at the latest:
(a) within 6 months if an assessment is carried out;
(b) within 18 months if testing is necessary in the greenhouse, in the hall or in the laboratory;
(c) within 36 months if a field check is necessary,
from the date of receipt of the request.
(7) The costs of professional activities linked to the registration procedure are borne by the applicant at the level laid down in the specific legislation on reimbursement of costs for professional and test tasks (8).
(8) The provisions of paragraphs 1 to 7 shall apply mutatis mutandis to the excipients.
(9) The Ministry shall establish by decree the types of fertilizers and auxiliary substances, binding procedures for the sampling of fertilisers, aids and chemical analyses, biological tests and tests.
5) For example, Act No. 455 / 1991 Coll., on Business Business (Trade Act), as amended, Decree No. 140 / 2000 Coll., establishing a list of free trade disciplines.
6) Act No. 634 / 2004 Coll., on Administrative Charges, as amended.
7) For example Decree No. 273 / 1998 Coll., on collection and chemical analysis of fertiliser samples, as amended by Decree No. 475 / 2000 Coll.
8) Decree No. 221 / 2002 Coll., establishing the rate of compensation for the costs of professional and test operations carried out under the responsibility of the Central Audit and Examination Institute of Agriculture, as amended by Decree No. 129 / 2005 Coll. '.
14.
Marketing Authorisation
(1) Marketing authorisation for fertilisers contains:
(a) the name of the fertiliser;
(b) the decision number,
(c) the values of the chemical and physical properties of the fertiliser;
(d) the extent and method of application of the fertiliser;
(e) restrictions on putting into circulation and use, method of packaging and warning signs where necessary to ensure the protection of humans, animals and the environment;
(f) the duration of the decision.
(2) The marketing authorisation for fertiliser is valid for 5 years from the date of acquisition of the legal authority, unless the decision provides for a shorter period.
(3) The person to whom a marketing authorisation for fertiliser has been granted may submit an application for renewal of the decision. the application shall be delivered to the Institute no later than 6 months before the date on which the decision is to expire. The validity of the marketing authorisation for fertiliser may be extended by a maximum of 5 years. Paragraph 4 and the provisions of paragraphs 1 and 2 shall apply mutatis mutandis to the renewal procedure.
(4) In the event of a change in the name of the fertiliser, identification data (8a), the manufacturer or the person to whom the marketing authorisation has been granted shall submit an application for a change to the marketing authorisation. Paragraph 4 and the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the procedure for amending the marketing authorisation.
(5) The Institute shall cancel the marketing authorisations for fertilisers:
(a) at the request of production3a), importer 3a) or supplier;
(b) where the applicant has infringed one of the obligations laid down in Article 3 (1) to (3); at the same time it may provide that the fertiliser must be withdrawn from circulation.
(6) The appeal against the decision to revoke the registration of a fertiliser referred to in paragraph 5 shall not have suspensory effect.
(7) Where the period of validity of the marketing authorisation has expired or the marketing authorisation has been revoked at the request of paragraph 5 (a), the fertiliser produced or imported by the supplier may be put into circulation only for the period of application of the marketing authorisation but for a maximum period of one year. This period may be extended by the Institute at the request of production3a), importers 3a) or suppliers.
(8) The provisions of paragraphs 1 to 7 apply mutatis mutandis to the excipients.
8 (a) Paragraph 68 (2) of Act No. 500 / 2004 Coll., Administrative Regulation, as amended by Act No. 413 / 2005 Coll. '.
15. in Article 7 (1) (b), the words "if allocated" shall be inserted after the words "on its registration."
16. in Article 7 (1) (d), "application" is replaced by "use."
17. in Paragraph 7 (6), including footnote 9a:
"(6) The provisions of paragraphs 1 to 5 shall apply mutatis mutandis to the excipients. The provisions of paragraph 1 shall not apply to manure. If the manure is not supplied directly to the consumer (10) or is maintained on the label, the type of manure, or the type of animal from which the fertiliser originates, the extent and method of use and the weight or volume shall be indicated.
9a) § 2 (1) (a) of Act No. 634 / 1992 Coll., on Consumer Protection, as amended. '
18. Paragraph 7 (8) is deleted.
Paragraph 9 shall become paragraph 8.
19. Paragraph 8 (1) and (2), including footnote 11, read:
"(1) Agricultural entrepreneurs (11), production3a), importers (3a) or suppliers who store fertilisers and, where appropriate, auxiliary substances shall be obliged to:
(a) store separately;
(b) indicate legibly,
(c) ensure that they are not mixed with other substances;
(d) to register, in particular to keep a documentary record of the income, expenditure and stored amount of fertilisers or excipients.
(2) The persons referred to in paragraph 1 shall be required to take measures to prevent the leakage of liquid fertilisers and to ensure that they are detected by means of a specific legislation. Paragraph 1 shall not apply to manure.
11) Paragraph 2e (1) of Act No. 252 / 1997 Coll., on Agriculture, as amended. '
20. in Paragraph 8 (3), the words "Entrepreneurs in Agriculture" shall be replaced by the words "Agricultural Entrepreneurs 11);"
21. in Article 8 (4), the words "manure" shall be replaced by "fertilizers" and the words "manure" shall be deleted;
22. in Paragraph 8 (5):
"(5) The Ministry shall determine by decree the method of storage of fertilisers and auxiliary substances, storage capacity."
23. Article 9, including the title and footnotes 12b and 12c, reads:
Use of fertilisers, excipients, treated sludge and sediments
(1) Agricultural entrepreneurs (11) are obliged to use fertilisers, auxiliary substances, treated sludge and sediments in accordance with this Act, the Waste Act and the Agricultural Soil Fund Protection Act 12b). Fertilisers, auxiliary substances and treated sludges shall not, when used, be introduced into the soil at risk elements or risk substances in the amount specified by the Ministry for fertilisers and auxiliary substances by implementing legislation and for treated sludges by specific legislation12c). Sediments shall not be used if the content of the risk elements and of the risk substances in the sediment and in the soil to which they are to be used and other properties of the sediment exceed the limits laid down in the implementing legislation.
(2) Fertilisers and excipients must not be used on agricultural land and forest land where:
(a) their characteristics do not allow for a uniform coverage of the land;
(b) the manner in which they are used does not lead to uniform coverage of the land; This does not apply in the case of differentiated fertilisation on the basis of data on soil characteristics or crop status and in the case of fertilisation in vulnerable areas (12),
(c) their use may give rise to damage to the physical, chemical or biological characteristics of the agricultural land, forest land or land adjacent to that land, and, where appropriate, to its wider surroundings;
(d) the land to be used is:
1. flooded,
2. oversaturated with water,
3. covered by a layer of snow exceeding 5 cm; or
4. frozen in such a way that the soil surface does not thaw to the depth of 5 cm during the day;
This provision shall not apply to fertilising by-products or by-products resulting from the cultivation of plants and to the keeping of feces and urinalysis of livestock on agricultural land.
(3) Paragraph 2 applies mutatis mutandis to the use of treated sludge and sediments on agricultural land. Agricultural entrepreneur (11) must not use treated sludge unless it has been handed over to the sludge application programme (1a). This programme shall be kept for professional supervision for 7 years from the use of treated sludge.
(4) Organic fertilisers resulting from anaerobic fermentation in the production of biogas may be used on agricultural land and forest land only if they are registered under this Act; This shall not apply if they are exclusively produced from manure or bulky feedingstuffs.
(5) Agricultural entrepreneurs (11) managing agricultural soils in vulnerable areas (12) are obliged to use fertilisers and aids in accordance with specific legislation12a).
(6) Agricultural entrepreneurs (11) are required to keep proper records of fertilisers and aids used on agricultural land and forest land; This obligation shall not apply to the registration of by-products in the cultivation of cultural plants, except straw. Agricultural entrepreneurs (11) are required to keep proper records of the treated sludge and sediments used on agricultural soils. Farmers who use treated sludge on agricultural land shall be obliged to send the Institute at the latest 14 days before the implementation of the report.
(7) The records referred to in paragraph 6 shall be kept for the quantity, type and time of application of fertilisers, aids, treated sludge and sediments by parcel, crop and year and shall be kept for at least 7 years. At the request of the Institute, agricultural entrepreneurs (11) are required to submit the register and to allow verification of the data mentioned therein.
(8) The record of the use of fertiliser, excipient, treated sludge or sediment shall be recorded within 1 month of the end of its use.
(9) The Ministry provides by decree
(a) the use of fertilisers and excipients on agricultural land and forest land;
(b) the method of keeping records of the use of fertilisers, excipients and treated sludge;
(c) the method of reporting the use of treated sludge.
(10) By decree, the Ministry and the Ministry of the Environment lay down the conditions and manner of use of sediments on agricultural land, the method of keeping records of the use of sediments, the limit value of the risk elements and of the risk substances in the sediment and the soil to which it is to be used, the requirements for other physico-chemical and biological characteristics of the sediment and soil analysis procedures, including sampling methods.
12b) § 33 paragraphs 1 and 3 of Act No. 185 / 2001 Coll. Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended.
12c) For example Decree No. 382 / 2001 Coll., on the conditions of use of treated sludge on agricultural land, as amended by Decree No. 504 / 2004 Coll. '
24. Paragraph 10 (1), including footnote 12d, reads:
"(1) (d) the Institute shall:
(a) agrochemical testing of agricultural soils, which means the regular detection of selected soil fertility parameters due to the use of fertilisers, aids, treated sludge and sediments;
(b) monitoring of agricultural soils, which means the regular detection of selected chemical, physical and, where appropriate, microbial soil parameters, in particular the content of risk elements and of risk substances on permanent, defined and representative areas, by a stable set of measurement procedures.
(12d) Regulation (EC) No 882 / 2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules. ';
25. In Paragraph 10, the following paragraph 2 is inserted after paragraph 1:
"(2) Within the framework of the activities referred to in paragraph 1, the Institute shall ensure:
(a) carrying out agrochemical testing of agricultural soils at six-year intervals;
(b) sampling, chemical, physical or microbiological analyses and evaluation of the results of such analyses;
(c) carrying out analyses on the content of risk elements and risk substances, microbiological or physical analyses and evaluating such analyses where the monitoring of agricultural soils or agrochemical testing of agricultural soils results in a risk of damaging soil fertility or of the risk of entering the food chain of risk elements and substances. ";
Paragraphs 2 to 8 shall be renumbered paragraphs 3 to 9.
26. Paragraph 10 (7) is deleted.
Paragraphs 8 and 9 shall be renumbered paragraphs 7 and 8.
27. in Article 10 (3), the words "or physical or microbiological" shall be inserted after the words "chemical."
28. In Paragraph 10 (4), "paragraph 2 'is replaced by" paragraph 3';
29. In Article 10 (5), the first sentence, including footnote 13, is deleted and in the second sentence, the word "delegation 'is replaced by" authorisation'.
30. In Article 10 (6), the words "farmer in agriculture 'are replaced by the words" agricultural entrepreneur (11)' and the words "and monitoring of agricultural soils' are added at the end of the text of paragraph 6.
31. in Article 10 (7), the words "and the monitoring of agricultural soils" shall be inserted after the words "agri-chemical testing of agricultural soils," the words "farm entrepreneurs" shall be replaced by the words "agri-chemical testing of agricultural soils," and the words "agricultural entrepreneurs" shall be replaced by "agri-chemical testing of agricultural soils."
32. Paragraph 10 shall be added at the end of the text of paragraph 8 "and shall also provide for risk elements, risk substances and microbiological and physical parameters monitored by the Institute in the context of monitoring and agrochemical testing of agricultural soils, the extent and method of monitoring them '.
33. In Section 11, at the end of the title, the words "and the characteristics of forest vegetation bodies' are added.
34. Paragraph 11 (1), including footnote 14, reads:
"(1) The Institute shall carry out a survey of the soil properties of forest land (14) and of the vegetation organs of forest trees (hereinafter referred to as" the identification of characteristics ") carried out for the purpose of preparing proposals for recovery measures and adjusting the water regime in forests. Characteristics shall include sampling, chemical analyses and evaluation of the results of such analyses.
14) Paragraph 3 (1) (a) of Act No. 289 / 1995 Coll., on Forests and on the amendment and addition of certain laws (Forest Act). '
35. in Article 11 (2) and (3), the words "acts relating to the soil characteristics of forest parcels" shall be replaced by the words "sampling for the purpose of determining characteristics."
36. in Paragraph 11 (4):
"(4) The evaluation of the results of chemical analyses shall be transmitted by the Institute to the Ministry; data on the content of risk elements and substances shall also be transmitted to the Ministry of the Environment. At the request of the owner of the forest land, their tenant or lodger, the Institute shall transmit the results of the chemical analyses relating to the soil characteristics of forest land and the vegetation organs of forest trees owned, rented or subleased; the transmission of the results shall be subject to an administrative fee for the issue of a copy, copy, copy or extract in accordance with the specific legislation6. ';
37. in Article 11 (5), the words "land" and "forest land" shall be deleted;
38. In Article 12 (1), the words "and manure 'are deleted and the words" and sediments' are inserted after the words "treated sludge '.
Paragraph 12 (2) reads as follows:
"(2) The Institute shall ensure that:
(a) products3a), imports 3a) and suppliers who store or put into circulation fertilisers;
(b) agricultural entrepreneurs (11) producing, storing or using fertilisers;
(c) agricultural business11) using treated sludge or sediment;
comply with the conditions laid down by this Law and the implementing legislation and, in the case of sediments, also with the agreement of the Agricultural Soil Fund Protection Authority pursuant to Article 3 (6) of the Agricultural Soil Fund Protection Act. ';
40. In Article 12 (3), the words "and manure 'are deleted and the words" or sediment' are inserted after the words "treated sludge '.
41. in Article 12 (5), the words "farmers" shall be replaced by the words "agricultural business11)" and the words "for the storage and use of fertilisers and manure" shall be deleted;
42. In Article 12 (6), the words "the law of the European Communities having immediate effect" shall be replaced by the words "the provisions directly applicable to the European Communities in the field of fertiliser (16b)."
Footnote 16b reads:
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Regulation Information
| Citation | Act No. 9 / 2009 Coll., amending Act No. 156 / 1998 Coll., on Fertilisers, Soil Auxiliary Substances, Auxiliary Plant Products and Subjects and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.01.2009 |
|---|---|
| Effective from | 23.01.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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