Decree No. 92 / 2024 Coll.
Decree amending Decree No 386 / 2022 Coll., on crops and propagating material of hops, vines and ornamental species, as amended by Decree No 188 / 2023 Coll.
Valid
Order
Effective from 01.05.2024
Text versions:
01.05.2024
18.04.2024
92
DECLARATION
of 28 March 2024
amending Decree No 386 / 2022 Coll., on crops and propagating material of hops, vines and ornamental species, as amended by Decree No 188 / 2023 Coll.
The Ministry of Agriculture shall determine, pursuant to § 3 (14) (a), § 3e (5), § 5 (8), § 7 (6) (d), (g), (h), (i), (j), (k) and (u), § 19 (17) (a), (c), (f), (h), (h), § 23 (6) (d), (7) and § 25 (8) of Act No. 219 / 2003 Coll., on the circulation of seeds and seedlings and on the amendment of certain laws (Act on the circulation of seeds and seedlings), as amended by Act No. 178 / 2006 Coll.
Decree No 386 / 2022 Coll., on crops and propagating material of hops, vines and ornamental species and its putting into circulation, as amended by Decree No 188 / 2023 Coll., is hereby amended as follows:
1. in § 2 (q), "a" is replaced by a comma and the following point (r) is inserted after (q):
"(r) an expression practically free of harmful organisms that the extent to which harmful organisms occur in a given propagating material or fruit plants is sufficiently low to ensure the acceptable quality and the useful value of such propagating material; and ';
Point (r) shall be renumbered as point (s).
2. In Article 6 (4), the words "invoices, delivery notes, international certificates, certificates and recognition certificates issued by the competent authority responsible for certification or control in the State 'are replaced by the words" official labels, supplier's labels, invoice, delivery note, international certificate, certificate and recognition certificate issued by the competent authority responsible for certification or control in the State'.
3. Paragraph 6 (5), including footnote 2, is deleted.
4. in Article 8 (4) (a), the words "in accordance with internationally accepted diagnostic methods" shall be replaced by the words "visually" and the words "and tested for harmful organisms in accordance with point 6 of Annex 1 to this Regulation with a satisfactory result" shall be added at the end of the text of the letter.
5. In Article 8 (4) (b), the words "point 6 'shall be inserted after the words" under' and the words "order 'shall be inserted after the word" satisfactory result'.
6. Paragraph 8 (6) reads as follows:
"(6) The list of RNŠO to which propagating material of ornamental species must be practically free from at least visual inspection at the place of production and the thresholds for such RNŠO which must not be exceeded at least by visual inspection of propagating material of ornamental species put into circulation is set out in Annex 4 to this Regulation."
7. In Article 9 (2), the words "Propagating hop and" are replaced by the words "Mother plants of hops, breeding hops and."
8. Article 10 shall be deleted, including the title.
9. In Article 11 (2), the word "supplier 'shall be inserted after the word" label'.
10. in Paragraph 11 (4), the comma shall be replaced by a dot at the end of point (h) and point (i) shall be deleted;
11. In Section 11, paragraph 11 is added, including footnotes 5 and 6:
"(11) In accordance with the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, in the version in force (5), the official label and label of the supplier shall be linked to a plant passport which complies with the requirements laid down directly by the European Union Regulation (6), unless it is a direct supply to the final consumer. In the case of distance contracts and sales to protected zones, the plant passport shall always be attached. The elements of the plant passport shall be framed or otherwise clearly separated from other text or image elements in order to be easily visible and clearly distinguishable.
5) Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, amending Regulations (EU) No 228 / 2013, (EU) No 652 / 2014 and (EU) No 1143 / 2014 of the European Parliament and of the Council and repealing Council Directives 69 / 464 / EEC, 74 / 647 / EEC, 93 / 85 / EEC, 98 / 57 / EC, 2000 / 29 / EC, 2006 / 91 / EC and 2007 / 33 / EC, as amended.
6) Commission Implementing Regulation (EU) 2017 / 2313 of 13 December 2017 laying down the formalities for the plant passport for movements within the Union and the plant passport for imports into and movement within the protected zone. '.
12. in Article 12 (3), the comma at the end of point (k) is replaced by a dot and point (l) is deleted;
13. In Article 12, paragraph 12 is added:
"(12) In accordance with the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, in the version in force (5), the official label shall be linked to a plant passport which complies with the requirements laid down in the directly applicable European Union6, unless it is a direct supply to the final consumer. In the case of distance contracts and sales to protected zones, the plant passport shall always be attached. The plant passport elements shall be framed or otherwise clearly separated from other text or image elements in order to be easily visible and clearly distinguishable. ';
14. in Paragraph 14 (1), the comma at the end of point (h) is replaced by a dot and point (i) is deleted;
15. in Paragraph 14 (2):
"(2) The document issued by the supplier referred to in paragraph 1 may be replaced by a plant passport in accordance with the implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, in accordance with the version in force (5), provided that all the particulars referred to in paragraph 1 are clearly separated. ';
16. in Article 14 (7) (c), the text "RNSO" is replaced by the words "quarantine harmful organisms for the European Union."
17. In Paragraph 14, the following paragraph 9 is added:
"(9) In the case of propagating material of ornamental species for which there is an obligation to procure propagating material with a plant passport in implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plant species in force (5), the label or accompanying document shall be accompanied by a plant passport which complies with the requirements laid down in the directly applicable European Union Regulation (6), unless it is a direct supply to the final consumer. In the case of distance contracts and sales to protected zones, the plant passport shall always be attached. The plant passport elements shall be framed or otherwise clearly separated from other text or image elements in order to be easily visible and clearly distinguishable. ';
18. After Paragraph 14, the following Section 14a is inserted:
Requirements for propagating material of organic heterogeneous material of vines and ornamental species
(K § 3e (5) of the Act)
(1) The propagating material of organic heterogeneous material must be free from all harmful organisms which reduce the use value and quality of the propagating material. The propagating material shall also comply with the requirements relating to quarantine harmful organisms for the European Union, RNŠO and, where applicable, quarantine harmful organisms for protected zones laid down in implementing acts adopted pursuant to Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, as amended, in version 5), as well as with the measures adopted pursuant to Article 30 (1) of Regulation (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, as amended by: 5).
(2) The propagating material of organic heterogeneous material must satisfy, in the case of propagating material:
(a) the requirements for propagating material in the category of standard propagating material referred to in this Decree, with the exception of the requirements for varietal purity and varietal identity; and
(b) ornamental species shall be subject to the requirements for propagating material of ornamental species laid down in this decree, except for the authenticity and purity requirements of the genus, species or variety. "
19. In Annex No 2, Part 2, in the heading of Section 3, the words "vine nurseries' are replaced by" selected vineyards'.
20. In Annex 3, in the table under the words "Hops spelt and packaged ', the words" Hops in containers' in the same cell are added to the new row and in the last row the number "14 'is replaced by" 20'.
21. In the title of Annex No 4, the words "specific harmful organisms and diseases reducing the quality of propagating material of ornamental species' are replaced by the words" RNSO which must be practically free from propagating material of ornamental species at least during visual inspection at the place of production and the thresholds for such RNSO which must not be exceeded at least during visual inspection of propagating material of ornamental species put into circulation '.
22. Annex 5 is deleted.
Efficacy
This Decree shall take effect on 1 May 2024.
Minister for Agriculture:
Mgr. Excellent v. r.
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Regulation Information
| Citation | Decree No. 92 / 2024 Coll., amending Decree No. 386 / 2022 Coll., on the crops and propagating material of hops, vines and ornamental species and putting them into circulation, as amended by Decree No. 188 / 2023 Coll. |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.04.2024 |
|---|---|
| Effective from | 01.05.2024 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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