Act No. 96 / 2009 Coll.
Act amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended
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Law
Effective from 01.05.2009
Text versions:
01.05.2009
14.04.2009
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96
THE LAW
of 26 March 2009
amending Act No 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Law on the circulation of seed and propagating material), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seeds), as amended by Act No. 444 / 2005 Coll., Act No. 178 / 2006 Coll. and Act No. 299 / 2007 Coll., is amended as follows:
1. in Paragraph 2 (1) (n), the word "seed" shall be replaced by "propagating material."
2. in Article 2 (1) (o), the words "or used for the production of certified propagating material" shall be deleted;
3. in Paragraph 2 (1) (v):
"(v) commercial seed seed of listed agricultural species which satisfies the requirements for the authenticity and purity of the species and is not subject to recognition procedure;"
4. in Article 2 (1) (w), the word "basic" shall be inserted after the word "pre-stages."
5. in Article 2 (2) (k), the words "fast-growing" are replaced by the words "fast-growing."
6. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following point (n) is added:
"(n) egalisation of the merger of seed lots or parts thereof of the same species and variety."
7. in Article 3 (1) (a), the words "and fruit genera" shall be replaced by the words "fruit genera and species and standard propagating material of vines."
8. in Article 3 (1), point (c) shall be deleted;
Points (d) to (f) shall be renumbered (c) to (e).
9. In Article 3, the following paragraph 3 is inserted after paragraph 2:
"(3) The propagating material of agricultural species and vegetables may only be put into circulation if it belongs to a registered variety or a variety registered in a common catalogue of varieties. ';
Paragraphs 3 to 8 shall be renumbered paragraphs 4 to 9.
10.Paragraph 3 (5) reads as follows:
"(5) The seed in the categories of pre-stage propagating material, basic propagating material and certified propagating material may only be put into circulation when the limits for the presence of harmful organisms laid down in the implementing legislation are not exceeded. Seed of species for which the limit on the occurrence of harmful organisms is not established may be put into circulation uncontaminated. ';
11. in Article 3 (8) (g), the words "degree of propagation" are replaced by the words "generation."
12. In Article 3, the following paragraph 9 is inserted after paragraph 8, including footnotes 4 and 4a:
"(9) The seed of agricultural and vegetable species in the categories of pre-stage propagating material and basic propagating material may be put into circulation with a germination capacity up to 10% lower than that laid down in the implementing legislation. The supplier shall indicate on the separate label the value of germination, the lot number and, for a natural person, the name, surname or business name (4), the place of residence or residence (4a), and the place of business of the supplier, if different from the place of residence or residence (4a); if it is a legal person, a business firm, a registered office, or the location of an organisational component in the Czech Republic. At the same time, the supplier shall indicate on the official label that the seed in question does not comply with the germination requirements laid down in the implementing legislation. For seed intended for circulation to the final consumer in the Czech Republic, the supplier may indicate the reduced germination capacity on the accompanying document. The provisions of this paragraph shall not apply to seed imported from third countries, except seed certified in accordance with Paragraph 4 (13).
4) Act No. 513 / 1991 Coll., Commercial Code, as amended.
4a) Act No. 326 / 1999 Coll., on the residence of foreigners in the Czech Republic and on the amendment of certain laws, as amended. "
Paragraph 9 shall become paragraph 10.
13. in Paragraph 3 (10):
"(10) The Ministry of Agriculture (hereinafter referred to as" the Ministry ") shall by decree:
(a) requirements for the characteristics of propagating material put into circulation in accordance with paragraph 2;
(b) limit values for the occurrence of harmful organisms;
(c) the maximum authorised number of generations in the categories of pre-stage propagating material and certified propagating material referred to in paragraphs 6 and 7;
(d) a specimen of the document referred to in paragraph 8. ';
14. In Article 3a (6), the words "and the official number of the application for the registration of a variety or an application to register a variety in another Member State 'shall be added at the end of point (d).
15. In Article 3a, at the end of paragraph 6, the dot is replaced by a comma and the following point (k) is added:
"(k) supplier's designation."
16. In Article 3a (11), the words "minimum weight 'shall be inserted after the words" lots and'.
17. in Article 4 (3) (a), the words "or used for the production of certified propagating material" shall be deleted;
18. In Article 4, at the end of paragraph 3, the dot is replaced by a comma and the following point (e) is added:
"(e) standard vine propagating material."
19. in Paragraph 4 (4) (d), "3" is replaced by "2."
20. in Paragraph 4 (10) (b):
"(b) the supplier shall also provide evidence with a request for recognition that the crop from which the seed comes has complied with the characteristics of the crop which are comparable to those laid down in the implementing legislation."
21. in Paragraph 4 (13) (b):
"(b) the supplier shall also provide evidence with a request for recognition that the crop from which the seed comes has complied with the characteristics of the crop which are comparable to those laid down in the implementing legislation."
22. in Paragraph 4 (15) (d), the words "the requirements of the document" shall be replaced by the words "the particulars of the document submitted."
23. In Article 5, at the end of paragraph 6, the sentence "A propagation crop which does not comply with the requirements of the category and generation of seed referred to in the application for the recognition of a propagation crop may be recognised in another category or generation which complies with its characteristics only after a new application for the recognition of the propagation crop, indicating the corresponding category or generation. ';
24th Paragraph 5 (9) reads:
"(9) The Ministry shall determine by decree:
(a) a model of the application for recognition of the crop;
(b) a list of the documents needed to verify the origin of the propagating material and the models thereof;
(c) the method for determining the number of the crop referred to in paragraph 1;
(d) dates and number of shows of crops;
(e) the model forms for the record of the crop inspection referred to in paragraph 4;
(f) requirements for pre-crops of specified species in previous years as referred to in paragraph 5;
(g) models of certificates referred to in paragraphs 7 and 8;
(h) the procedures and methods for assessing the seed production. ';
25. in Article 6, the following paragraph 9 is inserted after paragraph 8:
"(9) In the case of seed potatoes, the application for sampling in the procedure for the recognition of propagating material shall be accompanied by a label for the health status determination. ';
Paragraph 9 shall become paragraph 10.
26. in Paragraph 6 (10):
"(10) The Ministry shall determine by decree:
(a) the enumeration and scope of the official tests necessary to establish the characteristics of propagating material;
(b) the method of determining the number of the lot of propagating material;
(c) the maximum weight or number of pieces in a lot of propagating material;
(d) the minimum size of samples of propagating material, including the size of samples of pelleted, incubated and granulated seed, seed bands and seed mats;
(e) sampling rules for comparative trials and tests within the European Union;
(f) procedures and methods for testing propagating material;
(g) the model application referred to in paragraph 1 and the model application for sampling in the procedure for the recognition of propagating material. ";
27. The following Section 6a is inserted after Section 6:
Seeds egalisation
(1) A lot of seed of the same species and variety, whole or in part, may be egaltified, provided that:
(a) they have already been subject to recognition procedures;
(b) the homogeneity of the legalised lot is respected.
(2) Where seed is egalized by lots of different categories or generations, the resulting legalized lot corresponds to the lowest category and generation of the lots used.
(3) The legalized lot is identified by the lot number within the assigned number series; the first digit in the lot number indicates the year of egalisation.
(4) The legalized lot is subject to a new recognition procedure. The supplier shall submit an egalisation protocol at the same time as the application for recognition of the legalised lot.
(5) The supplier shall submit an egalisation protocol and documents, the enumeration of which and the models of which shall be laid down in the implementing legislation, when sampling the egalised lots.
(6) The supplier shall keep a record of the preparation and putting into circulation of legalized seed lots.
(7) The Ministry provides by decree
(a) the list and models of documents to be provided by the supplier when sampling the legalised lot;
(b) the elements of the egalisation protocol and its model;
(c) the method of keeping the records referred to in paragraph 6 and the particulars of the legalized seed required for keeping the records. ';
28. in Article 7 (6) (j):
"(j) the method of keeping records of the production and putting into circulation of propagating material, the list and the models of the forms used by the supplier to keep records of the production and putting into circulation of propagating material, including the batch label and the model of the form for keeping records of the state of the propagation crop for the production of standard seed;"
29. the following Section 7a is inserted after Section 7, including the title:
Seed with unfinished certification harvested in the Czech Republic
(1) Seed with uncompleted certification harvested in the Czech Republic cannot be put into circulation in the Czech Republic.
(2) The seed lot with an uncompleted certification must be accompanied by a document issued by the Institute, the particulars of which and the model of which are laid down in the implementing legislation.
(3) The packages of seed with an uncompleted certification must bear a label of grey colour, the particulars and model of which are laid down in the implementing legislation.
(4) The supplier is obliged to keep a record of seed with an unfinished certification produced in the Czech Republic and put into circulation outside the Czech Republic.
(5) The Ministry shall determine by means of a decree the particulars and model of the document referred to in paragraph 2 and the method of keeping the records referred to in paragraph 4. ';
30. In Paragraph 10 (1), the word "varieties' is deleted.
31. in Article 11 (3) (d), the words "and the manner" shall be inserted after the word "details."
32. Paragraph 12 (3) reads as follows:
"(3) The supplier intending to produce a mixture of seed to be put into circulation shall:
(a) ensure that the mixture is prepared by an appropriate mixing process and on suitable mixing equipment to ensure the homogeneity of the mixture produced;
(b) to inform the Institute in advance of the proportion of the species and varieties in the seed mixture;
(c) to communicate to the Institute the name of the mixture, if indicated on the packaging,
(d) identify the person responsible for the mixing process. ';
33. In Paragraph 12, at the end of paragraph 4, the dot is replaced by a comma and the following point (c) is added:
"(c) carry out checks on seed mixtures,
1. random checking of the mixing process of seed mixtures;
2. random checks on the composition of seed mixtures. ';
34. In Article 12, the sentence "The seed mixture may not be further weighed on sale to the final consumer for use for non-production and non-commercial purposes at the end of paragraph 6. 'is added.
35. In paragraph 12, the following paragraphs 7 and 8 are inserted after paragraph 6:
"(7) When preparing the seed mixture referred to in paragraph 2 (e), the supplier shall:
(a) accompany the declaration of the mixture with the designation of the site from which the seed will be collected (hereinafter "meadow collection"), including the expression of the local competent nature conservation authority (5a), which shall also define the area for which the mixture is intended;
(b) notify the Institute of the quantity of the mixture,
(c) keep in the register the species composition of the meadow collection, separately from the species and varieties of seed recognised.
(8) The supplier shall keep a record of the production, mixing and putting into circulation of seed mixtures.
5a) Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. '
Paragraph 7 shall become paragraph 9.
36. in Article 12 (9) (d):
"(d) the formalities and manner of keeping records of the production, mixing and putting into circulation of seed mixtures, including model forms."
37. In Paragraph 12, the dot is replaced by a comma at the end of paragraph 9 and the following point (e) is added:
"(e) the procedure for the subsequent inspection of the seed mixture carried out by the Institute.";
38. In Paragraph 13 (3), "4 'is replaced by" 5'.
39. In Article 14 (2), the words "or registered in a common catalogue of varieties," shall be inserted after the words "registered," and "deleted" after the words "tested."
40. Paragraph 15 (2) (e) reads as follows:
"(e) keep records of the production of vegetable seedlings, including records of checks on critical points and checks carried out by administrative authorities and kept for at least one year.";
41. In Article 15, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) The Institute or its authorised person shall monitor the critical points of the vegetable seedling process.
(5) If, during packing, storage, transport or delivery, lots of vegetable seedlings of different origin are mixed, the supplier shall record in the register the composition of the new lot and the origin of its individual ingredients. ';
Paragraph 4 shall become paragraph 6.
42.In Paragraph 15 (6) (c):
"(c) the critical points observed in the vegetable seedlings production process;"
43. In Article 15 (6) (e):
"(e) the particulars of the register, including the way in which the records of checks on critical points and controls carried out by administrative authorities are kept and the conditions for monitoring and checking critical points of the production process of vegetable seedlings.";
44. in Article 17 (4) (c), the word "only" shall be inserted after the word "3."
45. in Paragraph 18 (4) (b), "requirements" is replaced by "minimum requirements."
46. in Article 18 (4) (d) (2), the words "in Article 3 (3)," shall be deleted;
47. in Paragraph 18 (11), the words "before being put into circulation in the Czech Republic" shall be inserted after the word "the notification form shall be used for this notification."
48. Paragraph 18 (12) reads:
"(12) The Ministry shall establish by decree the data required for notification of imports from third countries, the model import notification form and the model application for authorisation of imports from third countries. '.
49. in Article 19 (2) (b), the words "Article 10 (8)" are replaced by the words "except for rootstocks not belonging to any variety,"
50. In the first sentence of Article 19 (3), the words "or subject to official supervision as standard propagating material of vines' shall be deleted.
51. In the first sentence of Article 19 (4), the words "or subject to official supervision as standard propagating material of vines' shall be deleted.
52. In Paragraph 19, the sentence "The supplier shall keep a register of accepted, issued and shredded labels by category and generation of propagating material 'shall be added at the end of paragraph 4.
53. In Article 19, the following sentence is added at the end of paragraph 5: "If, due to damage or the need for other packaging to be used for the re-packaging and labelling of propagating material, the new packaging and labelling are carried out under official supervision and the supplier of the handling is to draw up a protocol, the specimen of which is laid down in the Decree. This protocol shall be subsequently endorsed by the Institute. If new packaging and labelling is to take place for propagating material from another Member State or third country, the Institute shall seek prior approval from the competent certification authority of the country of origin. ';
54. In Section 19 (7) of the introductory part of the provision, the words "harvested in another Member State 'are replaced by the words" and seed of the varieties not officially registered'.
55. in Article 19 (9), the words "standard propagating material of the vine" shall be deleted;
56. Paragraph 19 (12) reads:
"(12) In addition to the official label, seed with an end-of-certification shall be accompanied by an official document, the particulars of which shall be laid down in the implementing legislation. ';
57. in Article 19 (14), the words "seed or vine propagating material" shall be replaced by "propagating material."
58. in Article 19 (15) (c):
"(c) the model of the official label and the label of the supplier, the particulars and the requirements to be met by the official label and the label of the supplier for each species;"
59. In Paragraph 19 (15) (f):
"(f) the requirements to be met by the official label of basic propagating material and certified propagating material;"
60. in Article 19 (15) (g), the words "harvested in another Member State and recognised in accordance with Article 4 (10)" shall be deleted;
61. In Paragraph 19, at the end of paragraph 15, the dot is replaced by a comma and the following points (j) to (m) are added:
'(j) the requirements which must be met by a special label for propagating material put into circulation with a germination capacity lower than those laid down in the implementing legislation and a special label for seed put into circulation before the completion of the official germination test;
(k) the model of the Protocol referred to in paragraph 5 and the procedure for the repackaging and labelling of propagating material referred to in paragraph 5;
(l) the model form for keeping the label records with the supplier in accordance with paragraph 4;
(m) colour differentiation of labels by category and generation of propagating material and model of labels. ';
62. In Article 19a (1), the words "or the maximum number of small packages" shall be inserted after the words "small packages."
63.In Paragraph 19a (6) (a), the words "or the maximum number of small packages' shall be inserted after the words" small packages'.
64. in Article 22 (1) (a), the word "recognised" shall be deleted;
65. In Paragraph 22 (2), the words "and standard vegetable seed" shall be inserted after the words "and" shall be carried out "and the words" shall be inserted after ";
66. in Paragraph 22, the following paragraph 4 is inserted after paragraph 3:
"(4) The Institute shall carry out a random check on the quality of seed production put into circulation."
Paragraphs 4 to 8 shall be renumbered paragraphs 5 to 9.
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Regulation Information
| Citation | Act No. 96 / 2009 Coll., amending Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seed and seed), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2009 |
|---|---|
| Effective from | 01.05.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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