62/2017 Sb.



LAW



of 19 December 2003. January 2017,



amending Act 149/2003 Coll., on the putting into circulation of reproductive

material of forest tree species and artificial hybrids

intended for the regeneration and afforestation, and amending certain

related laws (the law on trade in forest reproductive material

tree species), as amended by later regulations, and Act No. 289/1995 Coll.

Woods and amending and supplementing certain laws (forest law), as amended by

amended



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the Act on trade in forest reproductive material of tree species



Article. (I)



Act 149/2003 Coll., on the marketing of reproductive material

forest tree species, tree species and artificial hybrids, intended to

regeneration and afforestation, and amending certain related laws

(law on trade in forest reproductive material of tree species), 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). and) point 3 is added:



"3. the planting stock, which plants are obtained from seed

material, parts of plants or from natural regeneration; seedling

the material is based on the method of growing seedlings, seedlings into,

poloodrostky and thrown out tendrils, ".



2. in paragraph 2 of the letter k):



"to) the owner of the basic material or gene base

the owner of the land on which the basic material or

gene base are located ".



3. In Article 2a, paragraph 3 reads:



"(3) the authorized person performs annually reviews the national programme and

the results of the reviews by State as of 31. December of the previous calendar

the year passes the Ministry until 31 December 2006. January 1 of the calendar year. ".



4. In section 2 c after paragraph 2 the following paragraph 3 is added:



"(3) If asking for the inclusion of the genetic resources of forest tree species in

The national programme for renters or sharecropper land on which the genetic

the source is located, is obliged to request a copy of the lease to prove or

pachtovní of the contract or other document from the owner of the genetic resources in

which expressly stipulates that he is entitled to apply for the inclusion of genetic

forest tree species resources in the national program. ".



The former paragraph 3 shall become paragraph 4.



5. In section 2e paragraph following paragraph 4 is added:



"(4) a document on the abolition of the inclusion of the genetic resources of forest tree species in

The national program provides an indication of the participant of the national programme, a kind of

the genetic resources of forest tree species, and the scientific name of the species,

the registration number of the genetic resources of forest tree species, grounds for revocation

the inclusion of the genetic resources of forest tree species to the national programme and

for information about converting samples of forest tree genetic resources and

documentation of forest tree genetic resources the property specified by the

the person or the property of another participant of the national programme in accordance with

of paragraph 3. '.



The current paragraph 4 shall become paragraph 5.



6. In section 2 g paragraph 3 reads:



"(3) if the inclusion of the genetic resources of forest tree species in the national

Commissionaire program canceled, is the owner of this genetic

the source shall within 30 days of the cancellation of the inclusion of the pass

documentation on the genetic resources of forest tree species in the range indicated in the

proof of cancellation to the person specified in this document. ".



7. In article 2 h, paragraph 3 reads:



"(3) for the purpose of breeding, research, education, and fulfillment of the seed bank and

explants are participants of the national programme are required to allow the removal of

samples or to provide samples of the genetic resources of forest tree species

free of charge ".



8. in paragraph 2 of section 2i, including footnote No. 32 is added:



"(2) the Gene base shall be published on the basis of the applicable forest

the marketing plan or a valid forest economic outline in the framework

each of the regions of provenance for all types of forest tree species.

Gene base Announces based on their own professional judgement

the designated officer at the request of the owner of the forest ^ 32) on the territory that has to be

declared gene base. Gene base shall be published for a period of

the validity of the economic plan of the forest or forest economic outline

plus 1 of the calendar year. This time may be at the request of the owner of the

forest Commissionaire prolonged period up to 12 months.

List of gene bases leads to the designated officer in the central register.

The designated officer shall assign a renowned gene base registration number.



32) § 58 para. 1 of the law No. 289/1995 Coll. ".



9. In paragraph after paragraph 2i 3 following new paragraphs 4 and 5 are added:



"(4) if there is a change in the owner of the land on which the gene base

is located, is the new owner of the land shall be obliged to notify the

designee not later than 60 days from the date when this change occurred.

If there is a change of tenant or pachtýře of the land on which the gene

the base is located, is the owner of the land shall be obliged to notify the

designee not later than 60 days from the date when this change occurred, and

demonstrate a copy of the lease contract, or pachtovní if it was closed.



(5) if the designated officer that the gene base, for which there was a change

the owner, lessee or pachtýře referred to in paragraph 4, does not meet the conditions

established by this Act and its implementing regulations, the

of the notice; in other cases, change the owner, tenant or pachtýře

is not a reason to cancel the publication of gene base. ".



Paragraphs 4 and 5 shall be renumbered as paragraphs 6 and 7.



10. section 2j, including title and footnote No 33 is added:



"§ 2j



Financing the protection and reproduction of forest tree species gene pool



The funds for the collection, evaluation, documentation, protection

and reproduction of forest tree genetic resources within the national

program and to operate a Bank of seeds and the explants are participants

The national program, including those who are provided in the form of subsidies ^ 33).



33) section 14 of Act No. 218/2000 Coll., as amended. ".



11. in section 6 paragraph 3 reads:



"(3) the request for the issue of certificate of origin referred to in paragraph 1, the applicant is

designee shall submit not later than 21 calendar days after the

their collection of seeds, parts of plants or subscription

picking plants from natural regeneration, with the date of


termination of this collection means the last day, when the collection of reproductive

the material was. If the applicant fails to meet the for the issue of a certificate of origin

the time limit set, the designated officer will not issue a certificate of origin. ".



12. In article 11 (1) 2, the last sentence is replaced by the phrase "the growths can be

recognize as a source identified, selektovaného or test

reproductive material only on the basis of the data of a valid forest

the marketing plan or a valid forest economic outline. ".



13. in paragraph 11 (1) 3, after the word "implementing" shall be inserted the word "legal".



14. In article 11, paragraph 3 shall be inserted after paragraph 4 and 5 are added:



"(4) if there is a change in the owner of the land on which the resource

the basic material is located, is the new owner of the land must

contact designee not later than 60 days from the date on which the

the change occurred. If there is a change of tenant or pachtýře of the land on

where the basic material is located, is the owner of the land

obliged to notify the designee not later than 60 days from the

the day when this change occurred, and provide a copy of the lease or pachtovní

the contract was concluded.



(5) if the designated officer that the recognised resource for which there was a change

the owner, lessee or pachtýře referred to in paragraph 4, does not meet the conditions

established by this Act and its implementing legislation, revoke

its recognition. "



The current paragraph 4 shall become paragraph 6.



15. In § 13 para. 1 the last sentence, the words ' species for which it is

gene base proclaimed "shall be replaced by" also in the case of oak

summer, oak and beech forest, if it is for these tree species gene

the base of the proclaimed ".



16. In article 13, paragraph 1, the following paragraph 2 is added:



"(2) Forests are recognised as a source identified reproductive

material for the duration of the economic plan of the forest or woodland

the economic outline plus 1 calendar year. ".



Paragraphs 2 to 4 shall become paragraphs 3 to 5.



17. in § 14 para. 2 and § 16 para. 2, after the words "the reproductive

material ", the words" for a period of validity of forest economic

the plan or the outline of forest economic plus 1 calendar year ".



18. In article 20, paragraph 2, the following paragraph 3 is added:



"(3) a legal person referred to in paragraph 2 (a). (b)) must have a management

forest reproductive material of tree species shown in the subject of your

activity. ".



The former paragraph 3 shall become paragraph 4.



19. in article 23 paragraph 1. 1, point (b)) the following new point (c)), which read as follows:



"(c) the responsibility of the representative of the licensee) ceases to carry on a function".



Subparagraph (c)) and (d)) shall become points (d) and (e)).)



20. in article 23, paragraph 2 reads as follows:



"(2) the licence holder is obliged to notify the Ministry of emergence of facts

referred to in paragraph 1 (b). a) to (c)), and at the latest within 30 days from the date on which the

the change occurred; If they do not, the expiry of the licence

ceases to exist. ".



21. In article 23, paragraph 3 shall be inserted after paragraph 4 and 5 are added:



"(4) if the holder of the licence shall notify the Ministry of emergence of facts

referred to in paragraph 1 (b). a) to (c)) and at the same time appoint a new responsible

Representative and asks for the grant of a license, a new period for its

the demise of the referred to in paragraph 2.



(5) if the termination of the term itself responsible to the representative, it must

at the same time demonstrate that informed of that fact in writing in advance

the holder of the licence. If you cannot determine the day of termination of the duties of the responsible

representative in accordance with the notification of the licence holder, its performance is terminated on the date of

notification delivery representative to the Ministry; where the responsible

representative in their notification as the day of their performance of their duties the day

later, ends with the performance of his duties that date. ".



The current paragraph 4 shall become paragraph 6.



22. in section 25a paragraph 1. 5, the words "and the model notices" shall be deleted.



23. in section 26 para. 3, after the words "public authorities" shall be replaced

"and in charge of a person under section 30.



24. in section 30 paragraph 2. 2 the letter q):



"q) announces the gene base, prolongs the time of their publication,

deleted the publication of gene bases, allocates the genetic bases

registration numbers and sets out the way in the management of gene bases ".



25. In paragraph 30, the dot at the end of paragraph 2 is replaced by a comma and the following

in the letter), which read as follows:



"control of compliance) is the provision of financial

funds pursuant to § 2j. ".



26. in section 34 para. 1 and section 34a of paragraph 1. 1 a) and (b)):



"and the threat of genetic resources has not notified) under section 2b, paragraph 1. 3,



(b)) does not keep documentation of genetic resources under section 2 g of paragraph 1.

1. "



27. in section 34 para. 1 and section 34a of paragraph 1. 1, point (b)) the following new

subparagraph (c)), which read as follows:



"c) contrary to section 2 g of paragraph 1. 3 does not pass on genetic resources documentation. ".



Subparagraph (c)) to e) shall become letters (d)) to (f)).



28. in section 34 para. 1 and section 34a of paragraph 1. 1 letter e) is added:



"e) contrary to section 2 h paragraph 2. 3 refuses to allow sampling or

provide samples of genetic resources free of charge for the purpose of breeding,

research, education, and fulfillment of the seed bank and explants, or ".



29. in § 34 paragraph 2 reads as follows:



"(2) a natural person as the owner of the land on which it is located

gene base, committed an offence that does not notify the change of owner,

the tenant or the land under section 2i pachtýře para. 4. ".



30. In article 34, the following paragraphs 3 and 4 are added:



"(3) a natural person as the owner of the land on which is located the source of the

of reproductive material, commits an offence that does not notify change

the owner, lessee or land pachtýře according to § 11 para. 4.



(4) the offence referred to in paragraphs 1 to 3, you can impose a fine of up to 20 000

CZK. ".



31. in section 34a is inserted after paragraph 1, paragraphs 2 and 3 shall be added:



"(2) a legal entity or individual entrepreneur, as the owner of

the land on which is located a gene base, commits an offence,

that notifies the change of the owner, lessee or land under § pachtýře 2i

paragraph. 4.



(3) a legal entity or individual entrepreneur, as the owner of

the land on which is located the source of the basic material, commits

the offense that change has not notified the owner, tenant or pachtýře

the land under section 11 (1) 4. ".



Paragraphs 2 to 6 shall be renumbered as paragraphs 4 to 8.



32. In section 34a of paragraph 1. 4, point (b)) the following new point (c)), which read as follows:



"(c)) do not submit in due time a request for certificate of origin


According to § 6 paragraph 1. 3. "



Former points (c) to (f))) shall become points (d) to (g))).



33. In paragraph 2 of section 34a. 8 letters) to c) are added:



"and 20 000 Czk), in the case of an administrative offence under paragraphs 1 to 3,



(b) $100 000), in the case of an administrative offence referred to in paragraph 4 (b). and)



(c) Eur 500 000), in the case of an administrative offence referred to in paragraph 4 (b). (b)) to (g)),

paragraph 5, 6 or 7. ".



34. section 38a is inserted:



"§ 38a



The rights and obligations of the owner of the basic material or gene

the base under this Act except for the presentation of the application under section 2 c has

(I) the tenant or the sharecropper of the land on which the basic

material or gene base are located, if the lease or pachtovní

the contract between the owner of the basic material or

gene base and the tenant or leaseholder expressly provide otherwise. ".



35. In § 39 para. 1 the words "§ 2 c of paragraph 1. 3 "shall be replaced by ' paragraph 2 c of paragraph 1.

4 ", the words" § 2i para. 4 "shall be replaced by ' paragraph 2i of paragraph 1. 6 ", the words" § 13

paragraph. 4 "shall be replaced by the words" § 13 para. 5 "and the words" § 20 para. 3 "

replaced by the words "§ 20 para. 4. "



PART TWO



Change of forest Act



Article II



§ 41



Act 289/1995 Coll., on forests, and amending and supplementing certain laws

(forest law), as amended by Act No. 238/1999 Coll., Act No. 67/2000 Coll.

Act No. 132/2000 Coll., Act No. 76/2002 Coll., Act No. 320/2002 Coll.

Act No. 149/2003 Coll., Act No. 1/2005 Coll., Act No. 444/2005 Coll.

Act No. 186/2006 Coll., Act No. 222/2006 Coll., Act No. 267/2006 Coll.

Act No. 124/2008 Coll., Act No. 167/2008 Coll., Act No. 223/2009 Coll.

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 501/2012 Coll.

Act No. 503/2012 Coll., Act No. 280/2013 Coll., legal measures

The Senate No. 344/2013 Coll., Act No. 64/2014 Coll., Act No. 15/2015 Coll.

Act No. 250/2016 Coll., is amended as follows:



1. In article 27, paragraph 4, the following paragraph 5 is added:



"(5) the owner of a forest may in the case of the merging of two or more parts

forest property for the purpose of processing a new plan to ask the authorising

authority of the State administration of forests on the shortening of the period of validity of the plan. Authority of the State

forest management, if the request is accepted by reducing the time of validity of the plan

a uniform is not compromised and sustained performance of the functions of the forest. Part of the

the application is a forest economic evidence on the performance of mandatory provisions

plan, updated as at the date of the proposed plan expires.

Suggest shortening the period of validity of the plan can only be 31. December

for the current year. The deadline to submit a request to shorten the period of validity of the plan is

within 30 days of the expiry of the proposed plan. Government authority

forests forest owner shall provide, on request of the preliminary information

pursuant to § 139 of the administrative code on the conditions of shortening the period of validity of

schedule. ".



Paragraphs 5 to 7 shall be renumbered 6 to 8.



2. In section 27 para. 7, the number "5" shall be replaced by the number "6".



3. section 29 para. 1 the words "the seeds or seedlings" shall be replaced by

"reproductive material".



4. In article 29, paragraph 2, the following paragraph 3 is added:



"(3) in the case of reproductive material intended for research, experimental

or breeding purposes, the Ministry may grant exemptions from the requirements of

on the use of reproductive material for artificial regeneration and afforestation

referred to in paragraph 1, with the exception of the application, the applicant submits proof of

a copy of the project scientific or research institution. Exception

granted by the Ministry shall only apply to forest reproductive material used

in the framework of the implemented project. ".



Paragraphs 3 and 4 shall become paragraphs 4 and 5.



5. in paragraph 4 of section 29, including footnote # 34:



"(4) the owner of a forest shall be obliged to keep a register of origin identified,

selektovaného, qualified and tested reproductive material

used in the artificial regeneration and afforestation, and this record store

After a period of 10 years. Part of this evidence is also evidence of accompanying

sheets ^ 34) to individual sections of the basic material used.



34) section 8 of Act No. 149/2003 Coll., as amended. ".



6. In article 29, paragraph 4, the following paragraph 5, including

footnote No. 35 and 36:



"(5) if the owner of a forest shall apply to artificial regeneration and afforestation

reproductive material originating in forests situated on

the territory of the Czech Republic, which are in his possession, it can be used for

all forest tree species to register the origin of basic material

the accompanying sheet referred to in paragraph 4 of the forest owner or declaration of

origin of reproductive material, in which they will be listed above all details

indicating the



and) identification of where the material comes from, indicating the

the space distribution of the forest units ^ 35),



(b) the registration number of the units), from which the reproductive material

come ^ 36), if allocated, the



(c)) the altitude or altitudinal range of the place from the reproductive

the material comes from,



d) natural forest area in which is situated the place of reproductive

the material comes from.



35) § 6 para. 3 Decree No. 84/1996 Coll., on forest economic

planning.



36) section 12 of Act No. 149/2003 Coll., as amended. ".



The present paragraph 5 shall become paragraph 6.



7. in section 29 para. 6, the words "seeds and seedlings" shall be replaced by

"reproductive material".



8. In article 47, the following paragraph 6 is added:



"(6) the authorities of the State administration of forests each year to 31 shall be sent to the Ministry.

January for the previous calendar year details of the withdrawal and fees

the withdrawal. These data sent through designated electronic

application on the electronic form prescribed by the Department. These

the data are accessible to the Ministry of the environment. ".



9. Under section 48a of the dot at the end of paragraph 1 is replaced by a comma and the following

the letter o) is added:



"o) to shorten the validity period of the plan (section 27 para. 5).".



10. In § 49 paragraph 1. 3 the letter g) the following point (h)), which read as follows:



"h) allows an exception from the requirements on the use of the reproductive material to

artificial regeneration and afforestation (article 29, paragraph 3), ".



Subparagraph (h)) to (n)) shall become letters i) to o).



PART THREE



The EFFECTIVENESS of the



Article. (III)



This Act shall take effect on the first day of the second calendar month

following its publication.



Hamáček in r.



Zeman in r.



Sobotka in r.