Decree No. 96 / 2018 Coll.
Ordonnance on crops and propagating material of fruit genera and species and its putting into circulation
Valid
Effective from 20.06.2018
Zobrazeno prvních 200 z celkem 1014 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
96
DECLARATION
of 24 May 2018
on propagating and planting material of fruit and species and its putting into circulation
The Ministry of Agriculture shall determine, pursuant to Articles 3 (2), 5, 6 and 8, Article 3d (6), Article 4 (7) (a), Article 5 (8) (a), (b), (d) and (i), Article 7 (6) (a) to (d) and (g) to (j), (n), (p) and (s), Article 14 (6), Article 16 (12), Article 18 (12), Section 19 (17) (a), (c), (f), (h) and (m), Article 24 (9) and Article 24a (7) of Act No. 223 / 2009 Coll., on the putting into circulation of seed and planting plants and the amendment of certain laws (Law No 295) / 2017 Coll.
This decree implements the relevant provisions of the European Union1) and provides for details of the recognition and putting into circulation of propagating and planting material of fruit genera and species.
For the purposes of this decree:
(a) a mother plant identified by a plant intended for reproduction;
(b) a candidate plant in the pre-stage plant which the supplier proposes to recognise as a pre-stage mother plant;
(c) a mother plant pre-basic mother plant intended for the production of pre-basic propagating material;
(d) basic mother plant mother plant intended for the production of basic propagating material;
(e) a certified mother plant for the production of certified propagating material;
(f) a visual inspection of plants or parts of plants to the naked eye, using dandruff, stereoscope or microscope;
(g) a test for examination other than a visual inspection;
(h) producing a plant, propagated from a mother plant and grown for the production of fruit, in order to enable the varietal authenticity of that mother plant to be verified;
(i) categories of pre-stage propagating material, basic propagating material, certified propagating material, conformal propagating material (CAC material) and propagating material put into circulation under special conditions under Section 3d of the Act;
(j) by multiplying the mother plant by the replacement of the mother plant by the plant produced by it;
(k) propagating material of fruit genera and species of seed, rootstock, cutlet, gavage, eye, separation or other part of a plant intended for reproduction and production of mother plants and nurseries,
(l) nurseries of fruit genera and seedlings, shrubs or trees intended for planting and production of fruit;
(m) generative rootstock and rootstock produced from seed of fruit plants,
(n) the vegetative rootstocks of the genus and of the species of rootstock, multiplied by the vegetative method;
(o) the propagation of fruit crops and the type of continuous planting of plants of the same group of crops, of the same species, varieties, categories, generations, health classes, age and, in the case of nurseries, rootstocks;
(p) micropropagation of plant material to produce large quantities of plants by means of a culture of in vitro differentiated vegetable buds or differentiated vegetative meristems taken from the plant;
(q) the expression practically free of defects, that defects which could impair the quality and value of the propagating material or fruit plants in question occur at a level equal to or below the level that can be expected to be observed in compliance with good practices in their cultivation and management, and that this level corresponds to good practices in their cultivation and management;
(r) the expression practically free of harmful organisms that the extent to which harmful organisms occur in the propagating material or fruit plants concerned is sufficiently low to ensure the acceptable quality and the useful value of such propagating material;
(s) the laboratory of each establishment used for the testing of propagating material and fruit plants; and
(t) cryoconservation of plant material by cooling it to very low temperatures to maintain the viability of the material.
Categories and numbers of generations of recognised mother plants and propagating material of fruit genera and species and their labelling
[K § 3 (8), § 7 (6) (s) of the Act]
(1) The category of mother plants of fruit genera and species is:
(a) a pre-basic mother plant which is referred to as SE 1 and which comes from a candidate pre-basic mother plant which has been tested for the relevant harmful organisms set out in Annexes 1 and 2 to this Regulation and serves for the production of pre-basic propagating material;
(b) a basic mother plant with:
1. the first generation is E I, and which originates from a mother plant in a preliminary degree by direct vegetative propagation,
2. the second generation shall be referred to as E II and which originates from the first generation of the basic mother plant or from the mother plant in advance;
the next generation comes from the previous generation or category and their number depends on the conditions laid down for each species in Annex 5 to this Decree, the propagating material of the various generations is grown separately; and
(c) a certified mother plant, which is referred to as C and comes from a pre-basic mother plant or any generation of basic mother plants.
(2) The category of propagating material of fruit genera and species is:
(a) pre-basic propagating material referred to as SE 1 which:
1. comes from a pre-basic mother plant,
2. they are used for the production of mother plants of lower categories,
3. they are used for the production of nurseries; and
4. is kept under the conditions laid down for pre-basic mother plants;
(b) basic propagating material which:
1. comes from a basic mother plant,
2. they are used for the production of mother plants of lower categories and generations,
3. they are used for the production of nurseries; and
4. is kept under the conditions laid down for basic mother plants,
(c) certified propagating material which:
1. comes from a certified mother plant;
2. they are used for the production of nurseries; and
3. is kept under the conditions laid down for certified mother plants,
(d) a certified schooling corkscrew which:
1. comes from certified propagating material or from propagating material of any higher category or generation; and
2. serves for planting and production of fruits.
(3) The category of rootstocks recognised as species is:
(a) a pre-brow marked SE 1; and
1. which have been propagated directly from the mother plant by pre-vegetative or generative reproduction; in the case of generative reproduction, pollinating trees (pollinators) are produced directly from the mother plant by vegetative reproduction;
2. which corresponds to the description of the species, and
3. whose mother plant complies with the conditions laid down for pre-basic mother plants laid down for pre-basic mother plants in § 4 (2) and (3);
(b) the base tray,
1. which have been propagated directly from the basic mother plant by vegetative or generative reproduction; in the case of generative propagation, pollinating trees (pollinators) have been produced directly from the basic mother plant or the mother plant by pre-vegetative reproduction;
2. which corresponds to the description of the species, and
3. whose matte plant complies with the conditions laid down for pre-stage matte plants set out in paragraph 1;
(c) a certified tray,
1. which have been propagated directly from a certified mother plant by vegetative or generative reproduction; in the case of generative reproduction, pollinating trees (pollinators) have been produced directly from certified mother plants or mother plants of a higher category by vegetative reproduction;
2. which corresponds to the description of the species, and
3. whose mother plant complies with the conditions laid down for pre-basic mother plants set out in paragraph 1.
Recognition of mother plants and propagating material, retention requirements of individual categories, visual inspections and testing
[Articles 7 (6) (a), (b), (d) and (g) and 24 (8) of the Law]
(1) Candidate pre-basic mother plants comply with the following requirements:
(a) are found by visual inspection and testing free of harmful organisms listed in Annexes 1 and 2 thereto, the basic method of testing is biological indexing; sampling and testing of the harmful organisms listed in Annex 2 to this Regulation shall be carried out; the harmful organisms listed in Annex 1 to this Decree are only tested if they are suspected of being present;
(b) after visual inspection, testing and compliance with other conditions for pre-basic mother plants laid down in this decree, they shall be recognised as pre-basic mother plants;
(c) in the case of seedling, visual inspection and testing shall be required only in the case of viruses, viruses of similar diseases and phytoplazoa listed in Annex 2 to this Regulation; and
(d) are grown and kept under conditions ensuring the absence of any infection; technical isolation shall be used as a basic method of storage and shall be kept separate from pre-basic mother plants until testing is completed.
(2) The pre-basic mother plants comply with the following requirements:
(a) are found by visual inspection carried out by the Institute in accordance with a category free of all regulated non-quarantine harmful organisms for the European Union (hereinafter referred to as "RNŠO") listed in Annexes 1 and 2 to this Regulation in accordance with the conditions set out in Annex 4 to this Regulation, in case of doubt as to the presence of RNŠO listed in Annex 1 to this Regulation, the Institute or the supplier shall take samples of the mother plant in advance;
(b) the institute or supplier shall carry out the sampling and testing of the mother plant in advance on the RNSO listed in Annex 2 in accordance with the conditions set out in Annex 4 to this Decree;
(c) are grown and kept under conditions ensuring the absence of any infection; technical insulation is used as a basic method of storage,
(d) are individually marked throughout the life of the crop;
(e) are grown in containers with sterilised growing media or substrate;
(f) may be kept by cryoconservation; when stored in such a way, visual inspections and testing shall not be carried out;
(g) may be grown under space isolation conditions in the case of authorisation by the Commission; the conditions of isolation are set out in Annex 6 to this Decree and are in this case identical to those for basic propagating material;
(h) have been found by the Institute on the basis of a visual inspection to be identical to the description of the variety; in the case of descriptions attached to the application for registration or legal protection, mother plants and propagating material may be recognised and used for the production of basic or certified material but may not be marketed as pre-basic propagating material, basic or certified propagating material; compliance with the description of the variety shall be verified at each overgrowth of mother plants,
(i) the varietal identity has been determined where it is not possible otherwise by means of a visual inspection of the producing plant, which is grown in a different place than the mother plant, and on the basis of observation of the varietal characteristics directly on the growing of the mother plants; the variety identity is verified regularly,
(j) may be propagated under conditions of technical isolation or microreproduction;
(k) they may be used only for a period calculated on the basis of the stability of the variety or the conditions of the environment under which they are grown and any other determining factors affecting the stability of the variety; and
(l) are found to be practically free from defects which adversely affect the quality and use of propagating material on the basis of a visual inspection.
(3) In the case of a positive result of pre-stage testing of the mother plant on the RNSO listed in Annexes 1 and 2 to this Regulation, the supplier shall remove the infected mother plant from the grassland and, where appropriate, take appropriate measures in accordance with the conditions set out in Annex 4 to this Regulation. Such plants may continue to be recognised as basic or certified propagating material or be inspected as conformal propagating material if they fulfil the conditions laid down in Annex 4 to this Regulation for those categories of propagating material.
(4) Basic mother plants shall meet the following requirements:
(a) are found by a visual inspection carried out by the Institute, depending on the category free of all RNŠO listed in Annexes 1 and 2 thereto, in accordance with the conditions laid down in Annex 4 thereto, in case of doubt as to the presence of RNŠO listed in Annex 1 thereto, the Institute or the supplier shall take samples of the basic mother plant;
(b) the Institute or supplier shall carry out sampling and testing of the basic mother plant on the RNSO listed in Annex 2 to this Decree in accordance with the conditions laid down in Annex 4 to this Decree;
(c) are individually marked throughout the life of the crop;
(d) may be grown in containers with sterilised growing substrate or medium or under conditions of spatial isolation in free soil; the conditions of isolation are set out in Annex 6 to this Decree,
(e) are grown in a specified number of generations, for the period laid down in Annex 5 thereto;
(f) may be kept by cryoconservation; when stored in such a way, visual inspections and testing shall not be carried out;
(g) the Institute has been found to be in conformity with the description of the variety on the basis of a visual inspection; in the case of descriptions attached to the application for registration or legal protection, mother plants and propagating material may be recognised and used for the production of basic or certified material, but may not be marketed as pre-basic propagating material, basic or certified propagating material,
(h) the varietal identity has been determined where it cannot be otherwise, by means of a visual inspection of the fruit plant, which is grown in a different place than the mother plant, and on the basis of observation of the varietal characteristics directly in the fruit plant crop; the varietal identity is verified regularly; and
(i) are found, on the basis of a visual inspection, practically free of defects which adversely affect the quality and the value of the propagating material.
(5) In the case of a positive result of testing the basic mother plant on the RNŠO listed in Annexes 1 and 2 to this Decree, the supplier shall remove the infected basic mother plant from the crop and, where appropriate, take appropriate measures in accordance with the conditions set out in Annex 4 to this Decree. Such plants may continue to be recognised as certified propagating material or be inspected as conformal propagating material if they fulfil the conditions laid down in Annex 4 to this Decree for those categories of propagating material.
(6) Certified mother plants comply with the following requirements:
(a) are found by visual inspection carried out by the Institute, depending on the category free of all RNŠO listed in Annexes 1 and 2 thereto, in accordance with the conditions laid down in Annex 4 to this Regulation, in case of doubt as to the presence of RNŠO listed in Annex 1 thereto, the Institute or the supplier shall carry out sampling of certified mother plants;
(b) the institute or supplier shall carry out sampling and testing of the certified mother plant on the RNŠO listed in Annex 2 in accordance with the conditions laid down in Annex 4 to this Regulation;
(c) are individually marked throughout the life of the crop;
(d) may be grown in containers with sterilised growing substrate or medium or in space isolation conditions in open soil; the conditions of isolation are set out in Annex 6 to this Decree; and
(e) may be kept by cryoconservation; if stored in such a way, visual inspections and testing shall not be carried out.
(7) In the case of a positive result of testing a certified mother plant on the RNŠO listed in Annexes 1 and 2 to this Regulation, the supplier shall remove the infected basic mother plant from the crop and, where appropriate, take appropriate measures in accordance with the conditions set out in Annex 4 to this Regulation. These plants may continue to be inspected as conformal propagating material if they fulfil the conditions laid down in Annex 4 to this Decree for those categories of propagating material.
(8) Certified education boards meet the following requirements:
(a) are found by visual inspection carried out by the Institute, depending on the category free of all RNŠO listed in Annexes 1 and 2 thereto, in accordance with the conditions laid down in Annex 4 to this Regulation, in case of doubt as to the presence of RNŠO listed in Annex 1 thereto, the Institute or the supplier shall carry out sampling of certified nurseries;
(b) the Institute or the supplier shall carry out the sampling and testing of certified fruit crops on the RNŠO listed in Annex 2 to this Decree in accordance with the conditions set out in Annex 4 to this Decree;
(c) individual crops are marked throughout the life of the crops;
(d) have been grown under space isolation conditions; the conditions of isolation are set out in Annex 6 to this Decree; and
(e) are found, on the basis of a visual inspection, to be practically free of defects which adversely affect the quality and value of the propagating material.
(9) In the case of a positive result of testing of certified fruit crops on RNŠO listed in Annexes 1 and 2 to this Decree, the supplier shall remove the infected fruit ledges from the crop and, where appropriate, take appropriate measures in accordance with the conditions set out in Annex 4 to this Regulation. Such plants may continue to be inspected as conformal propagating material if they fulfil the conditions laid down in Annex 4 to this Decree for conformal propagating material.
(10) In the case of sampling and testing, European Plant Protection Organisation (EPPO) protocols or other internationally recognised protocols shall apply. In the absence of such protocols, the corresponding protocols established at national level shall apply. The Institute or the supplier shall transmit the samples to the laboratory officially responsible for testing propagating material.
(11) Additional requirements for the characteristics of the propagation crop and propagating material of fruit genera and species put into circulation are set out in Annex 6 to this Decree.
(12) In case of propagation and overpropagation of mother plants by microreproduction, the European Plant Protection Organisation (EPPO) protocols or other internationally recognised protocols shall apply. In the absence of such protocols, the corresponding protocols established at national level shall apply. Only protocols tested on the genus and species concerned shall be used to guarantee the possibility of verifying varietal identity.
(13) Reproduction material in the categories of pre-basic propagating material, basic propagating material and certified propagating material shall not be subject to visual health and testing, unless:
(a) it has been grown in areas free of the relevant harmful organisms, the information on which is published on the Institute's website or recognised by the Commission as being free of those organisms in accordance with the relevant international standards for phytosanitary measures (6); or
(b) is stored by cryoconservation.
(14) Reproduction material recognised in the category of pre-basic propagating material or basic propagating material may also be put into circulation as propagating material of the category of certified propagating material.
Conditions for soil and substrate properties
[K § 3 (8), § 7 (6) (p) of the Act]
(1) In the substrate and soil in which pre-basic mother plants and propagating material, basic and certified mother plants and propagating material are grown, the harmful organisms listed in Annex 3 to this Decree must not be present. Sampling and testing shall be carried out before the crop is set up and subsequently when harmful organisms are suspected.
(2) Sampling and testing shall be carried out taking into account the climatic conditions and the biology of the harmful organisms listed in Annex 3 to this Regulation and where those harmful organisms are relevant for the pre-stage or pre-basic material concerned. In the case of sampling and testing, European Plant Protection Organisation (EPPO) protocols or other internationally recognised protocols shall apply. In the absence of such protocols, the corresponding protocols established at national level shall apply.
(3) Sampling and testing shall not be carried out if they have not been grown in the soil or substrate for the previous five years by host plants of the harmful organisms concerned and if there is no doubt that the harmful organisms concerned are not present in the soil or substrate.
(4) Sampling and testing shall not be carried out where the Institute, following an inspection in the framework of an recognition procedure, concludes that this land is free from any harmful organisms listed in Annex 3 to this Regulation for the genus or species concerned and which are hosts of viruses affecting that genus or species.
(5) Unless otherwise specified, no sampling and testing shall be carried out in the case of certified nurseries for dispatch.
Application dates, model application for recognition of propagation crops and propagating material
[K § 4 (7) (a), § 5 (8) (a), (b), (d) and (i), § 7 (6) (h) and (i) of the Act]
(1) An application for recognition of propagation crops and propagating material grown in field conditions and conditions of technical isolation shall be submitted in the terms set out in Annex 7 to this Decree.
(2) An application for recognition of propagating material and propagating material grown in laboratory or greenhouse conditions shall be submitted no later than 20 days before the propagating material is put into circulation.
(3) The model of the application for recognition of propagating and planting material is published on its website.
Procedures for evaluation of seed crops
[Paragraph 7 (6) (c) and (p) of the Law]
(1) In the case of seed crops, an evaluation of:
(a) compliance with the requirements for pre-crops, the property of the land, the soil and, where appropriate, the substrate before the crop is set up;
(b) the total state of the crop,
(c) the authenticity and purity of the species and variety;
(d) agrotechnics;
(e) the health status of the crop;
(f) isolation of the crop by establishing whether:
1. the crop is protected from unwanted pollination by related species or other varieties or is protected against the transmission of harmful organisms; and
2. there is no risk of mechanical additions of other genera, species or varieties occurring during harvesting.
(2) Each crop shall be evaluated at least once during the growing season. The number of shows and their dates for each crop group are set out in Annex 6 to this Decree.
(3) The evaluation of the seed crops shall be recorded in the Annex to the application for recognition of the seed and propagating material of fruit genera and species or in the notification of the extent of production of the conformic propagating material and propagating material put into circulation under specific conditions within the time limits set for each group of crops.
(4) The Institute shall monitor in particular:
(a) the suitability and actual use of the methods by which the supplier controls each of the critical points in the production process; and
(b) the overall eligibility of the supplier's staff to carry out activities related to the production and putting into circulation of fruit genera and species.
Method of keeping records in the production of propagating material
[K § 7 (6) (j), § 14 (6) of the Act]
(1) Registration in the production of propagating material and certified nurseries of fruit genera and species shall be kept in the nursery records. Such records shall include at least information on:
(a) the location and quantity of plants;
(b) the timing of their cultivation;
(c) propagation operations; and
(d) the registration of storage, packaging and transport.
(2) Seed trees, shrubs and mother plants are also recorded on the record sheet of the mother crop. This record sheet may be replaced by the nursery records referred to in paragraph 1 provided that it contains information on the sampling and testing of each mother plant.
(3) The supplier shall keep a separate record of the propagating material produced in the educational records when producing the genetically modified variety.
(4) When producing propagating material put into circulation under special conditions, the supplier shall keep records of the propagating material produced in the nursery records in such a way that it is clearly distinguished from other material.
Requirements for conformal propagating material of fruit genera and species and propagation crops for its production
[K § 3 (2), (5), (6) and (8), § 3d (6), § 7 (6) (i), § 14 (6) of the Law]
(1) The requirement for the putting into circulation of conformal propagating material is:
(a) drawing up plans and methods for the cultivation of propagating material and critical points in production processes, namely keeping records
1. agronomic operations associated with the cultivation of propagating material, including the recording of nutrition and chemical treatment of plants;
2. reproduction, harvesting, packaging, storage, transport,
3. the origin and sale of propagating material;
4. carrying out inspections of propagating material at a time appropriate for plant development and at a time appropriate for the occurrence of harmful organisms;
5. sampling of propagating material for testing to detect the presence of harmful organisms;
(b) the fact that it corresponds to the description of the variety; the varietal identity is regularly verified in the propagation crop, in the case of rootstocks recognised under the name of the species corresponding to the description of the species,
(c) the fact that, on the basis of a visual inspection, it is found virtually free from defects; damage, discoloration, scar tissue or drying shall be considered as defects if they adversely affect the quality and the value of the propagating material.
(2) In order to verify the origin of the conformal propagating material, a supplier's document which does not resemble a label or accompanying document is used and contains at least the following information:
(a) the indication "EU rules and standards,"
(b) the designation "Czech Republic" or other Member State in which the supplier's document was issued or their code;
(c) an indication of the official authority responsible for controlling the production and putting into circulation of propagating material or its code;
(d) the name and surname, or the name or business name of the supplier, or his registration number or code issued by the competent official authority responsible for checking the production and putting into circulation of propagating material;
(e) individual serial number, week number or lot number,
(f) botanical name,
(g) the designation "CAC material,"
(h) the name of the variety and, where appropriate, the clone, in the case of:
1. a rootstock not belonging to the variety, the name of the species concerned or the interspecific hybrid;
2. the grafted fruit plants shall be indicated for the rootstock and the noble part;
3. the varieties for which an application for official registration of a variety or for the granting of protection rights is being discussed shall include the following information: "proposed name" and "application for consideration,"
(i) quantity,
(j) the country of production and its code, if different from the Member State where the supplier's document was issued;
(k) the date of issue of the document; and
(l) information that the propagating material of fruit genera and species put into circulation by 31 December 2029 in accordance with Article 32 of Commission Implementing Directive 2014 / 98 / EU as regards that material.
(3) Where the supplier's document is affixed to conformal propagating material, the colour of the supplier's document shall be yellow.
(4) Conformal propagating material when grown and put into circulation complies with the following requirements:
(a) the isolation between each variety of conformal propagating material of strawberry, raspberry or blackberry is carried out by an effective measure;
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No 96 / 2018 Coll., on crops and propagating material of fruit genera and species and its putting into circulation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.2018 |
|---|---|
| Effective from | 20.06.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0