156/1998 Coll.
LAW
of 12 June. June 1998
on fertilisers, soil conditioners, auxiliary plant
products and substrates and agrochemickém testing of agricultural soils
(Act on fertilizers)
Change: 308/2000 Coll.
Change: 147/2002 Sb.
Change: 308/2000 Coll. (part)
Change: 317/2004 Sb.
Change: 553/2005 Sb.
Change: 444/2005 Sb.
Change: 9/2009 Sb.
Change: 490/2009 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 279/13 Sb.
Change: 263/2014 Sb.
Parliament has passed the following Act of the Czech Republic:
§ 1
The subject of the edit
(1) this Act shall, in accordance with the law of the European Communities ^ 1)
the conditions for putting into circulation, storage and use of fertilizers, auxiliary
the soil of substances, preparations and auxiliary plant substrates, the conditions
agrochemického testing of agricultural soils, soil conditions survey
characteristics of forest land and some of the conditions for the use of modified
Lees, ^ 1a) and on the conditions for putting into circulation, storage and use
the sediments, as well as the scope of the institutions of professional supervision
the obligations laid down by this law, including permission to impose sanctions.
(2) this Act does not apply to
and) fertilizers, soil conditioners, herbal preparations, and
substrates that are intended solely for export and are thus clearly
marked,
(b)), fertilizers, soil conditioners, herbal preparations, and
substrates provided by in the necessary amount for the purposes of research, development and
pokusnictví.
(3) the provisions of this law shall apply to the modified sludge and sediments
only if this is expressly stated in them, and to the extent they
specified.
(4) for fertilisers, soil conditioners, herbal preparations, and
substrates that are intended for use as raw materials for further
processing, shall apply the provisions of section 7, 8, 12, 13 and 14 to 14.
(5) on the EC fertilisers shall apply the provisions of the regulation directly applicable
Of the European communities on fertilisers ^ 2) and the provisions of this law
storage (section 8), use (section 9), the professional supervision (section 12), the Special
measures (article 13) and the provincial offences Act and other administrative offences (sections 14 to
14B).
(6) the central control and testing Institute of agriculture (hereinafter referred to as "the Institute")
performs activities according to the directly applicable European regulation
the community, implementing a directly applicable regulation of European
community health rules for animal by-products
of animal origin not intended for human consumption ^ 2a).
§ 2
Definition of terms
For the purposes of this Act, means the
and the fertilizer substance capable of provide) effective quantity of nutrients for nutrition
of the cultural plants and forest tree species, to maintain or improve soil
fertility and for the positive effect on yield or quality of production,
(b) mineral fertilizer, fertilizer) in which the declared nutrients are contained
in the form of minerals obtained by extraction or other physical
or chemical process; for the mineral fertilizer nitrogen is also considered
lime, urea and its condensation and Association products and fertilizer
containing micro-nutrients in the form of chelátů or complexes,
c) organic fertilizer fertilizer, in which the nutrients are declared contained
in the organic form,
(d)) organominerálním fertilizer fertilizer, in which the nutrients are declared
contained in the mineral and organic form,
(e) liquid fertilizer) fertilizer in solution or suspension,
f) liquid fertilizer statkové fertilizer with a dry matter content of not more than 13%,
g) remains at the bottom of the sediment ponds, reservoirs and water courses
emerging largely eroded soil particles by sedimentation,
h) livestock manure ': fertilizer fertilizer, arising as a by-product
livestock farming or cultivation of cultural
plants, unless further modified; for editing are not natural
the processes of transformation and storage, mechanical separation of slurry and adding
substances that reduce the loss of nutrients or improving the efficiency of nutrients,
I) helping the soil substance substance without the effective amount of nutrients, soil
biologically, chemically or physically affects, improves its status or
increases the efficiency of fertilizers,
j) auxiliary plant product substance without the effective amount of nutrients,
which otherwise positively affects the development of the cultural plants or the quality of the
plant products,
to the substance used for the substrate) rooting and plant growing;
the substrate is mainly peat, soil, or their mixtures,
l) putting into circulation the offering of fertilisers, soil improvers,
auxiliary plant products and substrates for sale or other
the method of transfer, sale or other form of transfer and storage
the purpose of the sale or other transfer method,
m) soil productivity ability of soil to allow the plants growth, development and
the desired yield, quality and safety of production,
n) risk factor or risk substance element or substance which may
adversely affect the properties of the soil or the quality of production, or food
the string,
of the type of fertilizer, fertilizer) laid down the content of nutrients and agree
form and solubility of the nutrients,
p) supplier entrepreneur who sells fertilizer, helping consumer
soil substance, herbal product or substrate, as well as each
Another businessman, who, directly or through other entrepreneurs
the seller added fertilizer, helping soil substance, herbal
product or substrate.
§ 3
The marketing of fertilizers into circulation
1) into circulation may be placed only fertilizers
and) are registered under this Act, or they have been granted consent
According to § 3a; This does not apply in respect of statkové fertilizer, fertilizers, the EC and
the fertilizer, which comply with the regulations, which are for the production of these
fertilizers, or their placing on the market in one of the States of the European Union,
The European economic area or the Swiss Confederation, binding,
or production methods and the rules of right manufacturing practice used in
one of these States, for which there exists a sufficiently detailed
the documentation is based on it, if necessary, can be done
additional investigation
(b)) do not threaten soil fertility or health of humans or animals,
(c)) do not harm the environment [, paragraph 2 (b) (c))],
(d)) meet the requirements for labelling, packaging and storage,
provided for in this Act,
(e)) are not devalued.
(2) it is not allowed to mention fertilizer
and) unmarked,
(b) false or misleading) marked information ^ 3)
(c)) for which the content of the risk elements in risk or substances is higher than
provides for the Ordinance.
On the statkové the provisions of fertilizer (a)) does not apply, if the
supplied by the manufacturer directly to the consumer and this marking does not last.
(3) the provisions of paragraphs 1 and 2 shall apply for soil improvers, auxiliary
herbal preparations and substrates (hereinafter referred to as "adjuvants") mutatis mutandis.
(4) From the values of the chemical and physical properties of fertilizers referred to in
the decision on the registration of fertilizers [section 5, paragraph 1 (b) (c))] and designation
the content of nutrients, their forms and solubility [§ 7 (1) (b) (c))]
the tolerances in the range specified by the Decree. For data values
referred to as maximum, minimum, or as a range of values are not
the derogations allowed. The scope of the derogations provided for to take account of
adopt errors arising in the manufacture of fertilizer, sampling or
the chemical analysis of the sample.
(5) the Ministry of agriculture (hereinafter referred to as "the Ministry") lays down the
by a decree of the risk elements and the risk of the substance, the exposure limit values for the
each group of fertilisers and Excipients, as well as the permissible
the derogations.
section 3a
The announcement of the fertilizers and auxiliary substances
(1) the manufacturer ^ 3a), the importer ^ 3a) or a supplier who intends to put into circulation
fertilizer or excipient, which correspond to the type referred to in
the decree is required before first putting into circulation in the Czech
send the notification to the Republic Institute for the placing on fertilisers or auxiliary substances
into circulation.
(2) the Notification referred to in paragraph 1 shall contain in addition to the requirements referred to in
administrative procedure
and ohlašovatelem) if the importer or the supplier, the name, surname and residence
the manufacturer, where applicable, the identification number of the person (hereinafter referred to as "identification
the number "), if allocated, in the case of a natural person, or the name or
business name, registered office, where applicable, the legal form of the business, and the identification
the number of the manufacturer, if it has been allocated, in the case of a legal person,
(b)) the name fertilizers or excipients, its type and the type of order,
(c)) confirm that it is not an explosive, according to a special legal
code ^ 4), in the case of fertilizer or excipient containing nitrate
ammonium,
(d)) the label or leaflet, which will be the fertilizer or the auxiliary substance
marked.
(3) the Fertilizer or excipient, which are the subject of a notification under
paragraph 1, may be put into circulation upon on the basis of the written
consent of the Institute. If a declarant such consent delivered to 30
days from the date of the announcement of an Institute, nor him within this period will not be
served a ban on putting into circulation referred to in paragraph 4, the Department of
approval has been granted. Approval of the Constitution is valid for a period of five years. This time
begins to run on the day following the day on which the declarant was such
consent to receive, or on the day following the day when 30 days have passed from the date of
the date when the announcement occurred.
(4) if the Declaration of placing of fertiliser or auxiliary substances in circulation according to the
paragraph 1
and did not match the type of fertilizer or) adjuvants referred to in the notice,
or
(b) did not fulfil the conditions laid down by this) by the law or was with him in the
conflict,
Institute of decision, which is the first act in the proceedings, the introduction of fertilizers
or auxiliary substances into circulation disables. Such a decision must be the Institute
issued within 20 days from the date when notification of placing of fertiliser or auxiliary
substances in circulation there.
(5) the Institute leads in electronic form the database reported of fertilizers and
adjuvants, which contains the information referred to in paragraph 2 and the indication of the
the validity of the Declaration. The database is publicly accessible in a way that allows
remote access.
§ 4
Registration of fertilizers
(1) on the registration of fertilizer shall be decided by the Department on the basis of the request
the manufacturer ^ 3a), the importer ^ 3a) or the contractor who is entitled to the business
under special legislation ^ 5) and has a permanent residence, if the person
physical, or head office, if it is a legal person, in the territory of the Czech
Republic (hereinafter "the applicant"). Permission to conduct business according to the specific
legislation and permanent residence or headquarters on the territory of the Czech Republic
not required for a person who has a residence or registered office or place of business in the
another Member State of the European Union, a Contracting State of the agreement on the European
economic area or the Swiss Confederation if it is entitled to
business in accordance with the legislation of that State.
(2) an application for registration of the fertilizer contains in addition to the requirements referred to in
administrative procedure
and the applicant) if the importer or the supplier, the name, surname and residence
the manufacturer, where applicable, the identification number, if assigned, if the
a natural person, or the name or business name, registered office, or the legal
form of business and identification number of the manufacturer, if assigned,
in the case of a legal person,
(b) fertilisers and his name) species,
(c) the determining part of the fertilizers) content, including the content of the risk elements and
the risk of substances and the other specifying the chemical or physical parameters; u
nutrients also their form and solubility,
d) grain size and fineness of fertiliser,
(e) the weight of the fertilizer, where appropriate) of the volume,
f) range and how to use fertilizers and the conditions of its storage,
(g) a description of the production process including) the enumeration of the raw materials used to manufacture
fertilisers,
h) confirming that it is not an explosive, according to a special legal
code ^ 4), in the case of fertilizer containing ammonium nitrate.
(3) if the applicant Submits a request for the registration of fertilizer shall provide at the same time
the Institute needed samples of fertilizers or allow their subscription, or
will provide additional documentation and information necessary to demonstrate compliance with the
the requirements under this Act. At the same time, the applicant shall pay the fee referred to in
special legal regulation ^ 6).
(4) the Institute shall carry out the professional assessment of fertilisers with the requirements of
This law (hereinafter "the examination") or the examination of its properties
biological tests or tests (hereinafter "the examination"); about this
the Institute shall inform the applicant of the fact. The Institute performs the assessment in the case of
the properties and effects of the fertilizers are already sufficiently known or can be
use the comparison with already registered fertilizer. The Institute performs the examination
in the case that the properties and effects of the fertilizers are unknown, in particular
If this is about a completely new fertilizer, which cannot be used already
registered fertilizer.
(5) the Department may accept the assessment or the result of the examination, which
implemented other professional workplaces, including professional workplaces, which has
registered office outside the territory of the Czech Republic, and from his own assessment or
the examination may be dispensed with if the assessment or examination is carried out
the procedure corresponding to the requirements laid down in other legal
^ Regulation 7).
(6) the Institute shall decide on the request at the latest,
and) within 6 months, if the assessment is carried out,
(b)) within 18 months, if the necessary examination in the greenhouse, in the Hall or
in the laboratory,
(c) to 36 months), if it is necessary for the examination,
from the date of receipt of the request.
(7) the costs for the technical work associated with the registration shall be borne by
the applicant established a special law on compensation
the cost for the training and the test acts ^ 8).
(8) the provisions of paragraphs 1 to 7 shall apply mutatis mutandis for the auxiliary substances.
(9) the Ministry shall determine by Decree the types of fertilizers and auxiliary substances,
procedures for the collection of samples of fertilizers, excipients and for
the implementation of the chemical analysis, biological tests and tests.
§ 5
The decision on the registration of
(1) the decision on registration of the fertiliser contains
and fertilizers, name)
(b) the number of the decision)
(c)) the values of the chemical and physical properties of fertilizers,
(d)) and how to use the range of fertilizers,
e) restrictions on entry into circulation, and when using the method of packing, and
warning indication if they are necessary to ensure the protection of human, animal and
of the environment,
(f) the period of validity of the decision).
(2) the decision on registration of fertilizer shall be valid for 5 years from the date of acquisition of the legal
to be able to, if not in the decision time shorter.
(3) the person to whom it was issued the decision on the registration of fertilizers, may submit a
request for extension of the validity of the decision; the application delivers the Institute
not later than 6 months before the date when the validity of the decision to quit.
The validity of the decision on the registration of fertilizers can be extended by a maximum of 5
years. For the procedure for the extension of the decision on registration applies to section
4 and the provisions of paragraphs 1 and 2 shall apply mutatis mutandis.
(4) in the case of name changes of fertilizer, the identification details ^ 8a) manufacturer
or the person to whom the decision on the registration of fertilizers released, this person
submit an application for amendment of a registration decision. For the management of change
the decision about the registration applies section 4 and the provisions of paragraphs 1 to 3 shall apply mutatis mutandis.
(5) the Institute shall cancel the decision on registration of fertilizers
and at the request of the manufacturer) ^ 3a), the importer ^ 3a) or vendor,
(b) if the applicant has violated any) from the obligations laid down in section 3, paragraph 3.
1 to 3; at the same time can establish that the fertilizers must be withdrawn from circulation.
(6) an appeal against a decision on the cancellation of registration of fertilisers referred to in
paragraph 5 does not have suspensory effect.
(7) if the period of validity of decision passed on the registration or
to cancel the registration of the request referred to in paragraph 5 (a). and) can be
has not yet produced or imported fertilizer supplier placed into circulation only
After the period of its application, and for a period of one year. This
time may Institute at the request of the manufacturer, the importer ^ 3a) ^ 3a) or vendor
extended.
(8) the provisions of paragraphs 1 to 7 shall apply mutatis mutandis for the auxiliary substances.
§ 6
Register of fertilizers and the publication of the registration
(1) registered and notified of the fertilizer to be entered in the register of fertilizers
(hereinafter referred to as "the register"), who leads the Institute.
(2) the registry shall be entered particulars relating to fertilizers under section 3a, paragraph.
2 or § 4, paragraph 4. 2 with the exception of the data on the manufacturing process and used
raw materials referred to in section 4, paragraph 4. 2 (a). (g)).
(3) a list of registered fertilisers with an indication of the information referred to in section 4, paragraph 4. 2
(a). and (c))) for each fertilizer exposes the Department to
remote access
(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis for the auxiliary substances.
section 7 of the
Labelling and packaging of fertilisers and auxiliary substances
(1) a person who puts into circulation, the fertilizer is required to indicate in its
indicate the
and an indication of manufacturers) ^ 1b) including the foreign manufacturer and vendor
the name or business name and the place of business, if the
natural person or business name and registered office, if the legal
person,
(b) the name and number of the fertilizer), a decision on its registration, if it has been
allocated; If the fertilizer of the type referred to in the implementing rules,
also the type of fertilizer,
(c)) the data referred to in section 4, paragraph 4. 2 (a). (c)),
(d)) zrnitostní composition, stability of the liquids and hardiness of specific
requirements for storage and use,
(e) warning the marking and information) for handling and precautions
the health and safety of people and to protect the environment, and other data
According to special regulations, ^ 9)
(f)) and how to use range,
g) weight or volume of the supplied fertilizers,
h) expiry date, production date and batch number.
(2) it is not permitted to indicate the data that indicates the expressions such as fertilizer
"organic" or "biological", even using the abbreviations "eco" or
"bio".
(3) the designation of the fertilizer must be in English and must be permanently
legible.
(4) in the case of bulk fertilizers must be provided for the designation referred to in
documents relating to them.
(5) the fertilizer out of bulk containers must be packaged into allowing the
their handling and reliable and safe storage. Packaging must
allow for additional recovery or disposal.
(6) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis for the auxiliary substances. On
livestock manure, the provisions of paragraph 1 shall not apply. If livestock
fertilizers are not delivered directly to the consumer or the ^ 10) marking
It takes, it is necessary to indicate the vendor, type of manure, or
species of animal from which the fertilizer comes from, the extent and manner of use and
the weight or volume.
(7) for the transport of fertilisers and auxiliary substances special provisions. ^ 10)
(8) the Ministry shall determine the details of the labelling and packaging of fertilizers and
auxiliary substances Decree.
§ 8
Storage
(1) the agricultural entrepreneur ^ 11), the manufacturer ^ 3a), the importer ^ 3a) or the supplier,
that store fertilizers, or AIDS, is obliged to fertilizers
or excipients
and stored separately)
(b)) mark legible manner,
(c)) to ensure to prevent their mixing with other substances,
(d)), in particular, lead to record book records on the receipt, issue, and
conserved quantities of fertilizers or excipients.
(2) the persons referred to in paragraph 1 shall be required to take measures to prevent
the spill of liquid fertilizer. The provisions of paragraph 1 shall not apply to livestock
the fertilizer.
(3) agricultural entrepreneurs ^ 11) farmers on agricultural land are in the
storage in vulnerable areas ^ 12) required to comply with
the provisions of the special law. ^ 12a)
(4) the fertilizer must be stored to prevent pollution
waters. The fertilizers may not be brought elements of risk or risk of the substance,
that could disrupt the development of the cultural plants or endanger food
string.
(5) the Ministry shall determine by Decree the method of storage and ancillary
substances, the capacity of the storage space.
§ 9
The use of fertilizers, auxiliary substances, covered by sludge and sediments
(1) agricultural entrepreneurs ^ 11) are required to use fertilizers, auxiliary
substances and sediments in the manner laid down by this law,
the Act on waste and the Act on protection of agricultural land fund ^ 12b).
Fertilisers, excipients and modified sludge may not be their
the use of the soil brought elements of risk or risk of the substance in the
quantity for fertilizers and ancillary substances provides for the Ministry of
implementing the law and for the modified sludge lays down special
legal prescription ^ 12 c). The sediments may not be used if the content of the
the risk elements and risky substances in sediment and soil, to which the
to be used, and other properties of the sediment exceeds the limits of
laid down in the implementing regulation.
(2) Fertilizers and auxiliary substances may not be used on agricultural land and
forestlands, if
and their properties do not allow uniform) ground cover,
(b)) their use does not lead to extending the coverage of the land; It
does not apply in the case of differentiated fertilization based on data of
properties of the soil or the status of the crop, and in the case of fertilizer in
vulnerable areas ^ 12)
(c)), their use may lead to damage of the physical, chemical or
biological properties of agricultural land, forest land, or land
adjacent to this land, where appropriate, its wider surroundings
(d)), to which the land to be used, is the
1. flooded,
2. was overwhelmed by water,
3. covered with a layer of snow higher than 5 cm, or
4. freezing to death so that the surface of the soil to a depth of 5 cm during the day nerozmrzá;
This provision shall not apply to the fertilizing side or main
the products generated in plant cultivation and retention of feces and urine
livestock on agricultural land.
(3) the provisions of paragraph 2 shall apply for the use of the adapted sludge and
sediment on agricultural land. Agricultural entrepreneur ^ 11) must not
use the modified sludge, if he has not passed the program using the sludge ^ 1a).
This program must be kept for the needs of professional supervision for a period of 7
years from the application of the adapted sludge.
(4) organic fertilizers derived by 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 does not apply if they are made
exclusively from livestock manure or animal feed.
(5) agricultural entrepreneurs ^ 11) farmers on agricultural land in the
vulnerable areas ^ 12) are required to use fertilizers and auxiliary
substances, in accordance with a special law ^ 12a).
(6) the agricultural entrepreneurs ^ 11) are obliged to keep records of
fertilisers and auxiliary substances used on agricultural land and forest
the grounds; This obligation shall not apply to the registration of by-products
in the cultivation of plants, with the exception of straw. Farm
entrepreneurs ^ 11) are required to keep a register of the modified
sludge and sediments used on agricultural land. Farm
entrepreneurs who use modified sludge on agricultural land,
required to send to the Institute no later than 14 days before the reporting
According to the implementing legislation.
(7) the Evidence referred to in paragraph 6 is about quantity, type and time of use
fertilizers, auxiliary substances, covered by sludge and sediments under the individual
land, crops, and years, and shall be kept for at least 7 years. At the request of the Institute
are agricultural entrepreneurs ^ 11) required to register, submit and allow the
the verification of the information contained in it.
(8) the record of the use of fertilizers, excipients, sludge or
the sediment in the register must be made within 1 month from the end of his
the use of the.
(9) the Ministry shall lay down by Decree
and the use of fertilisers and) way of excipients on agricultural land and
forest plots
(b)) way to keeping on the use of fertilisers, excipients and
modified sludge,
(c) report on the use of) the way the adapted sludge.
(10) the Ministry and the Ministry of the environment shall establish by Decree
the conditions and the way of using sediment on agricultural land, a way of keeping
evidence of the use of the sediments, the limit values of the risk elements and
risky substances in sediment and soil, which is to be used,
requirements for other physico-chemical and biological properties of sediment
and procedures for the analysis of sediments and soils, including sampling methods.
§ 10
Agrochemical testing of agricultural soils
(1) in order to ensure the safety of food production inputs and conditions
and feed according to the directly applicable European Community regulation on the
the official inspections, the Institute performs The ^ 12d)
agrochemical testing) of agricultural land, which means the regular
the survey of selected parameters of the soil fertility as a result of the use of
fertilizers, auxiliary substances, covered by sludge and sediments,
(b)), monitoring of agricultural land, which means regular surveys
selected chemical, physical or microbiological parameters
the land, in particular the content of the risk elements and risky substances on permanent,
defined and representative areas of the stable set of measuring
procedures.
(2) in the framework of the activities referred to in paragraph 1, the Department shall ensure that
and agrochemického) to perform testing of agricultural soils in the additional
intervals; It does not apply to land the kind of permanent grassland,
(b)) sampling of soil, chemical or microbiological or
physical analyses and evaluation of the results of these analyses,
(c) perform the analysis on the contents of) the risk elements and risky substances,
microbiological or physical analysis and evaluation of these analyses
in cases where monitoring of agricultural soils, from agrochemického
testing of agricultural soils or on the basis of other information, the results
danger of damage to soil fertility, or the risk of entry
the risk elements and the risk of substances into the food chain.
(3) the Institute carries out sampling of soil and its chemical, microbiological
and physical analyses for the purposes of testing agrochemického of agricultural land.
The Institute can perform sampling of soils and their chemical or
physical or microbiological analyses to grant credentials to persons who
that request it. The application for the granting of credentials includes
and) name and surname or business name, the place of performance of the activities,
residence and identification number, if it is a physical person or the name,
where applicable, the trading name, registered office and identification number, if the person
legal,
b) data on the technical equipment,
(c) data on the education of professional) workers
(d)) the activities for which the range is to be granted credentials.
(4) the Institute shall issue the mandate referred to in paragraph 3, if the
and consistent with the intended technical equipment) the nature and extent of the
activities by which the requests,
(b)) laboratory tests will be carried out by persons with at least a full Middle
trained agricultural, chemical, or biological,
(c) the results of the verification laboratory tests) provided by the Institute
were found to be within the range of tolerances laid down technical standards.
(5) the Department may withdraw if the credentials have changed the conditions for the
which was granted, and if the person violates any of the provisions of this
Act or the implementing regulation or the conditions under which the assignment
granted. For the purpose of the ongoing review of these facts is the person
authorized to perform chemical analyses of samples of soil required to participate in the
Interlaboratory comparative tests organised by the Institute. ^ 13a)
(6) the owner of agricultural land and agricultural entrepreneur ^ 11) is required to
tolerating acts related with the implementation of agrochemického testing
agricultural land and monitoring of agricultural land.
(7) Evaluation agrochemického agricultural soils testing and monitoring
agricultural soils Institute carried out and its results transmitted to the Ministry and
The Ministry of the environment. The results of the testing agrochemického
agricultural soils agricultural entrepreneurs are made available to the
through the registration of land under the user relations. At the request of
the owner of agricultural land or the agricultural entrepreneur side
on agricultural soil passes the results concerning the Institute owned by
cultivated land or whether or not the owner of agricultural land or
agricultural entrepreneurs in printed form; such transmission of the results
subject to the administrative fee in accordance with special regulations ^ 6).
(8) the Ministry shall determine by Decree the procedures for sampling, for
the implementation of the chemical, microbiological and physical analyses
agricultural soils and for the evaluation of the results of these analyses and further
the Decree sets out the elements of risk, risk substances and microbiological and
physical parameters, tracked by the Institute in the framework of the monitoring and
agrochemickém testing of agricultural soils, the extent and the way of their
monitoring.
§ 11
Surveys of soil properties of forest land and the properties of the layers
bodies of forest tree species
(1) the Institute conducts surveys of soil properties of forest land ^ 14) and
the properties of the layers of the authorities of forest tree species (hereinafter referred to as "survey
Properties ") carried out for the purpose of preparing proposals for remedial measures, and
adjustment of the water regime in the Woods. The survey includes the subscription properties
samples, their analyses and evaluation of the results of these
the analyses.
(2) the territorial scope of the surveys of soil properties of forest land, including
the density of withdrawal areas provides for the Ministry in the areas of
and where were the) forest stands found symptoms of disorders of growth, development,
or the State of health of forests,
(b) unpolluted air, loaded)
(c)) with stands for the production of seed.
(3) the owner of forest land, their tenant or subtenant is obliged to
take samples for the purpose of detecting the properties of forest land.
(4) the evaluation of the results of the chemical analysis Institute of the Ministry of passes;
information about the content of the risk elements and the risk of substances also passes
The Ministry of the environment. At the request of the owner of the forest land
their tenant or subtenant, the Institute shall forward the results of the chemical analyses
on soil properties of forest land and the growing of organs
forest tree species in its ownership, lease or sublease; transmission
the results shall be subject to the administrative fee for the issue of a copy of a copy, copy,
photocopy or extract pursuant to special legal regulation ^ 6).
(5) the Ministry shall determine by Decree the procedures for sampling and for
the implementation of the chemical analyses to determine the properties of the.
§ 12
Professional supervision
(1) the Institute shall see whether
and the producers) ^ 3a), importers ^ 3a) and suppliers of fertilizer are stored or
the circulation,
(b)) ^ 11) agricultural entrepreneurs who produce fertilizers, stored or
use,
(c)) ^ 11) agricultural entrepreneurs, who used the adapted sludge or
the sediments,
comply with the conditions laid down in this law and its implementing legislation
regulations and in the case of sediments, also acting with the consent of the authority
protection of agricultural land fund in accordance with § 3 (1). 6 of the Act on the protection of
agricultural land fund.
(2) the provisions of paragraph 1 shall apply mutatis mutandis for the auxiliary substances.
(3) the Department also supervises whether agricultural entrepreneurs ^ 11) on
agricultural land in vulnerable areas ^ 12) shall comply with the conditions
established a special legal regulation ^ 12a).
(4) the Department also supervises whether the persons referred to in paragraph 1 shall comply with the
the obligations laid down directly applicable provisions of European
the community in the field of fertilisers ^ 16b).
section 13
Special measures
(1) the Department may require the manufacturers of ^ 3a), importers ^ 3a), suppliers or
agricultural entrepreneurs ^ 11) who produced, circulation,
are stored or used fertilizer, or agricultural entrepreneurs ^ 11),
who use modified sludge or sediment, the special measures, and that
and prohibit the use of fertilisers) conditioned sludge or sediment, if
does not meet the conditions laid down in this law, the specific legal
^ 16 c) or regulations directly applicable provisions of the European communities
in the area of fertilizer ^ 16b),
(b) to prohibit the marketing of fertilisers) and order the withdrawal from circulation or
the destruction, including the setting of time limits, if does not satisfy the conditions laid down
This law or directly applicable provisions of the European communities
in the area of fertilizer ^ 16b),
(c) order the removal of the defects detected) in the storage of fertilizers, including
the time limits and conditions for their removal.
(2) the Institute shall also state the deadline for removal of defects or the duration of the
specific measures.
(3) special measures can save and next to the fines provided for in section 14.
(4) an appeal against a decision of the special measures referred to in paragraph 1
does not have suspensory effect.
(5) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis for the auxiliary substances.
§ 13a
The obligation of notification
(1) if the Department receives or intends to take a measure pursuant to section 13
paragraph. 1 (a). (b)), relating to fertilisers that represents a serious
risk ^ ^ 16d), it shall inform the Ministry of industry and trade, which
progresses in accordance with the regulation of the European communities law governing
accreditation and market surveillance ^ 16e). This also applies in the case of measures that
adopt a controlled person on its own initiative and the Institute receives information
on this measure.
(2) in order to ensure the functioning of the information exchange system referred to in paragraph 1 shall
Similarly, applies a special legal provision governing the procedure, the content and
the form of information on the occurrence of dangerous non-food products ^ 16f).
Offences and other administrative delicts
§ 14
Misdemeanors
(1) the owner of the agricultural land is guilty of an offence, contrary to section
10, paragraph 1. 6 soil samples for the subscription will not tolerate any agrochemical testing
agricultural soils.
(2) the owner of forest land, their tenant or subtenant commits
offence, contrary to section 11 (1). 3 would not tolerate the taking of samples for the
the purpose of the survey the properties.
(3) the offence referred to in paragraphs 1 and 2, you can impose a fine of up to 50 000 Czk.
§ 14a
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) the agricultural entrepreneur ^ 11) commits misconduct by
and fertilizers, auxiliary) uses the substances, modified, where appropriate, in the sludge sediments
contrary to section 9 (2). 1 to 5,
(b)) in contravention of section 9 (2). 6 and 7 does and for 7 years does not retain
record of the quantity, type and time of fertilizer use, auxiliary substances,
modified sludge and sediments by land, crops and years
or fails to use the adapted sludge,
(c)) as the owner of agricultural land in contravention of section 10, paragraph 1. 6 stand
subscriptions to the soil samples for agrochemical testing of agricultural soils,
(d)) as the owner of forest land, their tenant or subtenant in
contrary to section 11 (1). 3 would not tolerate the taking of samples for the purpose of detection
properties, or
(e)) as the owner of forest land to fulfil special measures imposed to
the deficiencies found pursuant to § 13.
(2) Agricultural entrepreneur ^ 11), the manufacturer ^ 3a), the importer ^ 3a) or vendor
committed misconduct by
and) contrary to section 3 (3). 1 (a). and section 3, paragraph 3). 3 puts into circulation
fertilizer or excipient, that were not registered or not
granted consent pursuant to section 3a,
(b)) in contravention of section 3 (3). 2 (a). (c)) and section 3 (3). 3 puts into circulation
fertilizer or excipient for which the content of the risk elements or
the risk is higher than provided for in the Decree,
c) indicates or packaged fertilizers, or auxiliary substances in contravention of section 7,
d) store fertilizers, or auxiliary substances contrary to section 8 (2). 1 to 4,
(e) fails to comply with the special measures imposed) to eliminate identified shortcomings
under section 13, or
(f)) breaks the obligation directly applicable provisions of the European
the community in the field of fertilisers ^ 16b).
(3) for the administrative offence is imposed in the
and 50 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). (b)), (c))
or (d)),
(b)) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or
paragraph 2 (a). (d)),
c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e)), or
paragraph 2 (a). (c)), or (e)),
d) 5 0000 0000 CZK in the case of an administrative offence referred to in paragraph 2 (a). and (b)))
or (f)).
section 14b
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
learned, but no later than 3 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
person ^ 17) or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) administrative offences under this law in the first instance hearing
Institute.
(6) the Fines collected by the Department. Income from fines is the income of the State budget.
§ 14 c
cancelled
§ 15
cancelled
section 16 of the
cancelled
§ 17
Transitional provisions
(1) the fertilizer and ancillary substances approved in accordance with the existing legislation can be
placing into circulation within a maximum period of 2 years from the entry into force of this law.
(2) the Agrochemical testing of agricultural soils to 31. December 1998
carried out in accordance with the existing legislation. ^ 19)
(3) On fertilizers, livestock manure and auxiliary substances, agro-chemical testing
agricultural soils and soil properties of forest survey plots
not covered by a specific law governing the technical requirements for
^ 20) products.
section 18
Cancellation provisions
Law No. 61/1964 Coll., on the development of plant production, as amended by Act No.
146/1971 Coll., Act No. 132/1989 Coll., Act No. 115/1995 Coll., Act No.
91/1996 Coll., Act No. 93/1996 Coll., Act No. 97/1996 Coll. and Act No.
147/1996 Coll., is hereby repealed.
§ 19
The effectiveness of the
This law shall enter into force on 1 January 2005. September 1998.
Zeman in r.
Havel in r.
Tošovský in r.
Selected provisions of the novel
Article II of law no 317/2004 Sb.
The transitional provisions of the
Management of administrative offenses, which the Institute commenced prior to the date
the effectiveness of this law shall be completed in accordance with the existing laws,
regulations.
1) European Parliament and Council Regulation (EC) No 2003/2003 of 13 May 2003.
October 2003 on fertilizers, as amended.
Council Directive 86/278/EEC of 12 June 1989. June 1986 on the protection of
the environment and in particular of the soil, when the use of sludge from sewage treatment plants in the
Agriculture.
Council Directive 91/692/EEC of 23 July. December 1991
standardising and rationalising reports on the implementation of certain directives
relating to the environment.
Council Directive 91/676/EEC of 12 June 1989. December 1991 concerning the protection of waters against
pollution caused by nitrates from agricultural sources.
1A) § 32 Act No. 185/2001 Coll., on waste and amending certain
related laws.
1B) of section 2 (2). 1 (a). (c) to (e))) of Act No. 634/1992 Coll., on the protection of
consumer, as amended.
1B) of section 2 (2). 1 (a). (c)), and (d)) of Act No. 634/1992 Coll., on the protection of
consumer, as amended.
2) European Parliament and Council Regulation (EC) No 2003/2003 of 13 May 2003.
October 2003 on fertilizers, as amended.
2A) Commission Regulation (EC) No 181/2006 of 1 February 2006 February 2006
implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and
soil improvers other than manure and amending that regulation.
3) section 46 of the Act No. 513/1991 Coll., the commercial code, as amended
regulations.
section 8 of Act No. 634/1992 Coll.
3A) to section 2 (2). 1 (a). (c)), and (d)) of Act No. 634/1992 Coll., on the protection of
consumer, as amended.
4) section 2 of the Act No. 513/1991 Sb.
4) § 21 of Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended.
5) § 21 of Act No. 61/1988 Coll. on mining activities, explosives and
the State Mining Administration, as amended.
5) for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended by later regulations, Government Regulation No.
140/2000 Coll., laying down the list of scopes trades free.
6) Act No 368/1992 Coll., on administrative fees, as amended
regulations.
6), Act No 634/2004 Coll., on administrative fees, as amended
regulations.
7) § 49 paragraph. 2 Act No. 71/1967 Coll., on administrative proceedings (administrative code).
7) for example, Decree No. 273/1998 Coll., on the subscriptions and chemical
analysis of samples of fertilizers, as amended by Decree No. 475/2000 Sb.
8) Decree No. 221/2002 Coll., laying down the refund of the costs
for training and test operations performed in the scope of the Central
control and testing Institute of agricultural, as amended by Decree No.
129/2005 Sb.
section 68, paragraph 8A). 2 Act No. 500/2004 Coll., the administrative code, as amended by law
No 413/2005 Sb.
for example, 9) Act No. 20/1966 Coll., on the health care of the people, in the text of the
amended, § 9 et seq.. Act No. 634/1992 Coll., Act No.
157/1998 Coll., on chemical substances and chemical preparations and amending
certain other acts, as amended.
10) Eg. Decree No. 132/1964 Coll., on railway transport, in
as amended, Act No 111/1994 Coll., on road transport,
as amended, Decree No. 64/1987 Coll., on European
the agreement on the international carriage of dangerous goods by road (ADR).
1
section 2e, paragraph 1). 1 of law No 249/1997 Coll., on agriculture, in the text of the
amended.
12) section 33 of the Act No. 254/2001 Coll. on waters and on amendment to certain laws
(Water Act).
12A) Government Regulation No. 103/2003 Coll., on the determination of vulnerable areas and
on the use and storage of fertilizers and manure, crop rotation and
the implementation of protierozních measures in these areas.
12B) § 33 paragraph. 1 and 3 of Act No. 185/2001 Coll.
Act No. 337/1992 Coll., on the protection of agricultural land fund, as amended by
amended.
for example, the 12 c) Decree No 382/2001 Coll., on conditions for the use of
the adapted sludge on agricultural land, as amended by Decree No 504/2004 Sb.
12d) the regulation of the European Parliament and of the Council (EC) No 882/2004 of 29 April 2004.
April 2004 on official controls performed to ensure the verification of compliance with the legal
provisions relating to feed and food law and animal health rules and
welfare of animals.
13) Act No. 71/1967 Coll.
13A) section 3 (3). 1 (a). (c)) of the Act No 147/2002 Coll., on the Central
inspection and test of the Institute of agriculture and amending certain
related laws (the law on the central control and testing Institute
the farm).
14) section 3 (3). 1 (a). and Act No. 289)/1995 Coll., on forests and on the amendment and
supplementing certain laws (forest law).
15) Act No. 552/1991 Coll., on State control, as amended by Act No.
166/1993 Coll.
§ 7, paragraph 16). 3 of Act No. 513/1991 Coll., section 17 of Act No. 455/1991 Coll., on the
trades (Trade Act), as amended by Act No.
237/1995 Coll., Act No. 283/1995 Coll. and Act No. 356/1999 Sb.
16A) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic, in the
the text of Act No. 320/2002 Coll.
16B) European Parliament and Council Regulation (EC) No 2003/2003 of 13 May 2003.
October 2003 on fertilizers, as amended.
Regulation of the European Parliament and of the Council (EC) No 1774/2002 of 3 October 2002. October
2002 laying down health rules for animal by-products
origin, which are not intended for human consumption.
Commission Regulation (EC) No 181/2006 of 1 February 2006 February 2006
implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and
soil improvers other than manure and amending that regulation.
16 c) Government Decree No. 103/2003 Coll., on the determination of vulnerable areas and
on the use and storage of fertilizers and manure, crop rotation and
the implementation of protierozních measures in these areas.
§ 33 paragraph. 1 and 3 of Act No. 185/2001 Coll., on waste and amending certain
other laws.
Decree No 382/2001 Coll., on the conditions of application of the adapted sludge on
agricultural land.
16d) Article. 20 regulation of the European Parliament and of the Council (EC) no 765/2008 of the
9 June. July 2008 setting out the requirements for accreditation and supervision
market surveillance relating to the marketing of products on the market and repealing
Regulation (EEC) No 339/93.
16e) Article. 22 European Parliament and Council Regulation (EC) no 765/2008.
16F) Government Regulation No 396/2004 Coll., on procedures, content, and form
information on the occurrence of dangerous non-food products.
17) Act No. 200/1990 Coll. on offences, as amended.
18A) Act No. 337/1992 Coll., on administration of taxes and fees, in the text of the
amended.
19) Decree No 119/1981 Coll. on agrochemickém testing of soils.
20) Law No. 22/1997 Coll., on technical requirements for products and on the
change and additions to certain laws.
