On The Protection Of Hops

Original Language Title: o ochraně chmele

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97/1996 Coll.


of 14 July 1999. March 1996

on the protection of hops

Change: 68/2000 Sb.

Change: 258/2000 Coll.

Change: 322/2004 Sb.

Change: 441/2005 Sb.

Change: 444/2005 Sb.

Change: 281/2009 Sb.

Parliament has passed the following Act of the United States:

§ 1

Introductory provisions

(1) Labelling and verification of hops (hereinafter referred to as "certification"), review

processing, mixing, curing and putting into circulation of products

are subject to the common organization of the market for hops, is governed by the immediately

the binding provisions of the European Community) (hereinafter "regulations

Of the European communities ").

(2) this Act provides the hop hop field and the position and

modifies the performance of State administration, including the State supervision over compliance with

obligation under the regulations of the European communities, 1) embodied

the international treaties, to whose ratification Parliament has given the consent and

which the Czech Republic is bound, and by law and the imposition of fines for

violation of obligations.

§ 2

Basic concepts

(1) basic concepts defined by the regulations of the European communities. ^ 1)

(2) for the purposes of this Act, means the

and Central control authentication Center) and test Institute

agricultural ^ 2) (hereinafter referred to as "the Institute") specified by the company or other device

allowing qualified verification of hops,

b) land planted with chmelnicí hop hop plants and stored

structures whose area in accordance with a prescription with immediate

effects of ^ 2a) lays down implementing legislation,

c) producer a person who grows hops on's.

§ 3

Hop hop field and the position of the

(1) Hop areas are areas suitable for the production of the hops;

the Žatec hop, are areas of České středohoří and Tršicko.

(2) the Hop area can be broken down on the hop sites that are

components of the hop areas. Positions are on the hop Žatecku

Podlesí and Valley Creek and on the Auscha region Polepská Moor.

(3) Implementing law provides that cadastral territories ^ 3)

each hop and hop position defined area.

§ 4

Record hop

(1) subject Planted evidence, led by the Institute.

(2) a producer who's newly founded, is obliged to ask the Institute

no later than 30 June 2005. April of the calendar year, for inclusion in a hop yard

evidence. The application shall include a copy of the cadastral map ^ 3) designating the

the area planted and the commercialization of the variety of hops. Details of the application provides

the implementing legislation.

(3) the Institute shall decide on the allocation of the registration number of the newly established

's. The producer is obliged to's this registration number

in a visible manner, and this designation for the entire period of inclusion

planted in the records maintained.

(4) a transfer to another farmer planted, the Institute shall decide on the request.

(5) the cancellation or transfer of a hop garden, or changes to the information provided for

the implementing legislation is the producer shall declare in writing to

The Institute within 1 month from the changes.

§ 5


(1) certification of the quality and origin of the hops declares; certification

includes labelling of hops by the producer and the verification of the quality and origin of the

the hop Institute.

(2) the producer shall mark each package with the hops, the labeling

tags and close each package with hops of the calibration. Labels and

the seals are issued by the Department on request; the Institute will issue a payment of seals.

(3) after the harvest and mark all packages with hops is a producer

must draw up a document on the number and weight of the labelled packaging

cadastral area and type of hops. This proof passes with unused

the markup tags of the Institute, without undue delay, but not later than

30 November of the calendar year.

(4) the details of the document referred to in paragraph 3, labelling the labels and seals

down detailed legislation.

(5) the Institute shall initiate the Authentication on the basis of a request for verification of hops.

(6) the Institute shall producer tagged hops originating in

Hop areas, satisfying the requirements of the regulations

Of the European communities, ^ 4) and hop products made from certified

of hops or hop products with verified.

(7) if the Department finds that the conditions for the issuing of the certificate

have been met, and the authentication request, the instrument shall issue,

If, when you determine that the conditions have not been met, it shall decide to reject the


§ 6

The Tasks Of The Institute

Institute of

and the implementation of control) ensures compliance with the obligations laid down

This Act and the regulations of the European communities, 1)

(b)) keeps records in accordance with § 4 of hop gardens,

(c) imposing fines)

(d)) performs the authentication of the hops,

e) shall publish annually in the Gazette of the central control and test

Institute of agricultural within 30. June List validation


f) keep records of issued, used and returned by labelling the labels and

the quantity of hops by producer indicated, cadastral area and

varieties of hops.

§ 7

The Ministry of agriculture

The Ministry of agriculture (hereinafter referred to as "the Ministry") performs the supervision of

observance of the procedure for certification.

Section 7a

The State agricultural intervention fund

State agriculture intervention fund in the framework of the implementation of the measures

common market organisations ^ 5), in particular

and) decide on the recognition of producer groups for hops ^ 6)

(b)) keeps track of the contracts for the supply of hops in accordance with regulations of the European

^ 6a) community.

the title launched

§ 8

The fine

(1) a legal person has committed the offence by conflict

with the regulations of the European communities or by law

product without a) provide a certificate of origin to the circulation or

export, ^ 7)

(b)) puts into circulation without the certification of a product that was once certification

again packaged, ^ 8)

(c)) it's different than in the regulation referred to the product for the production of hop

products, ^ 9)

d) mix products that are found in the circulation, ^ 10)

(e)) mixed hops, ^ 11)

f) sells a product, without being accompanied by an invoice or a prescribed

business documents, ^ 12)

(g) the Declaration does not pass, not pass) correctly, will not pass or not pass completely

in time, ^ 13)

(h)), have not made properly or have not made a timely report, ^ 14)

I) nevyznačí or nevyznačí or nevyznačí in a timely manner completely the

the package, ^ 15)

j) exceeded the specified weight of packaging, ^ 16)

in free sale) also sells or splits the consignment without product

He was accompanied by the prescribed business underlying the issued invoice or

the seller, ^ 17)

l) indicate the shipment into circulation, ^ 18)

m) fails to comply with the obligation referred to in § 5 para. 2 or 3, or

n) fails to notify the Institute of cancellation or the emergence of new facts in the

the hop yard management pursuant to § 4 paragraph 2. 5.

(2) for infringements is a legal person fined

and) for 100 000 CZK in the case of an offence referred to in paragraph

1 (b). m) or (n)),

(b)) to the 200 000 CZK in the case of an offence referred to in paragraph 1

(a). (b)), g), (h)), i) or (j)),

c) to 300 000 CZK in the case of an offence referred to in paragraph 1

(a). (c)), d), (f)), k) or (l)),

(d)) to 500 000 CZK in the case of an offence referred to in paragraph 1

(a). and) or (e)).

(3) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the infringement, in particular, to the manner of its perpetration, and his

consequences and the circumstances under which it was committed.

(4) liability of legal persons for the infringement ceases,

If 1 year has elapsed from the date of initiation of the procedure, but not later than within 3 years from the

the day when it was committed.

(5) the infringement of legal entities under this Act in the first

the degree of hearing Institute.

(6) the infringement is committed by a natural person who is

an entrepreneur, ^ 19) when business activity or in direct connection with the

entrepreneurial activities shall be assessed pursuant to the provisions of the law on

liability and sanctions legal persons.

(7) in Fines levied and collected by the Institute.

(8) the Proceeds of the fines is the income of the State budget of the Czech Republic.

§ 9

Powers of execution

The Ministry shall issue a decree

and the conditions for recognition of verification) centres,

(b)) the cadastral area, defining the area and hop hop


(c) the details of record keeping) and the method of determining the area under hops

Hop garden,

(d) the form and content of the forms) for the purposes of certification and registration of hop gardens,

(e)) the type, size, and description of seals and labels, labelling as well as their

the arrangement and the use for the purposes of certification.

§ 9a


§ 10

Relationship to the administrative procedure

The administrative code shall not apply

and certification decisions), with the exception of the issue of the refusal

the decision on the verification of hops, and

(b) records of hop-on,) except for records of new hop garden and conversion

hop to another farmer.

§ 11


§ 12


section 13 of the


§ 14


§ 15

Transitional provision

Hop in hop areas recorded according to present

regulations are considered to be registered under this Act.

section 16 of the

Regulation (EEC)

Shall be deleted:

1. Law No. 39/1957 Coll. on the hop production areas,

hop, hop, and grades of compulsory registration

ones, as amended,

2. section 28 of Act No. 61/1964 Coll., on the development of plant production, as amended by

the Czech National Council Act No. 146/1971 Sb.

§ 17

The effectiveness of the

This Act shall take effect on the date of publication.

Uhde in r.

Havel, v. r.

Klaus r.

Selected provisions of the novel

Article. (II) Act No. 322/2004 Sb.

Transitional provision

Planted by registered the existing legislation shall be considered as

Hop garden registered under this Act.

1) Council Regulation (EEC) No 1784/77 of 19 July. July 1977 on extradition

attestations for hops.

Commission Regulation (EEC) no 890/78 of 28 April. April 1978 laying

laying down detailed rules for the certification of origin for


Commission Regulation (EEC) no 3076/78 of 21 April 2004. December 1978 on the importation of

of hops from third countries.

Commission Regulation (EEC) no 3077/78 of 21 April 2004. December 1978 on

equivalence of certificates to hops imported from third countries with

the certificates of the community.

Council Regulation (EEC) No 1696/71 of 26 October. July 1971 on the common

the market in hops.

Council Regulation (EEC) No 1098/98 of 25 September 1998 May 1998 laying

introducing special temporary measures for hops.

Commission Regulation (EC) No 609/1999 of 19 November 2002. March 1999

aid to hop producers.

Commission Regulation (EEC) no 1351/72 of 28 June. June 1972 on the recognition of

producer groups in the hop sector.

Commission Regulation (EEC) No 776/73 of 20 April. March 1973 on registration

of contracts and communication of data in the hops.

2) Act No 147/2002 Coll., on the central control and testing Institute

Agriculture and amending certain related laws (the law on the Central

inspection and test Institute of agriculture), as amended


2A) Commission Regulation (EC) No 609/99.

3) section 3 of the Act No. 117/1995 Coll., on wine-growing and wine-making and amending

some of the related laws and regulations.

3) Act No. 344/1992 Coll., on the land register of the Czech Republic

(Act), as amended.

4) of Council Regulation (EEC) No 1696/71.

Council Regulation (EEC) No 1784/77.

Commission Regulation (EEC) no 890/78.

5) Act No. 257/2000 Coll., on the State agricultural intervention fund, and

amendments to certain other laws (the law on the State farm

the intervention fund), as amended.

Section 2b of the Act No. 252/1997 Coll., on agriculture, as amended


6) of Council Regulation (EEC) No 1696/1971, as amended.

Commission Regulation (EEC) no 1351/1972, as amended.

6a) Article. 6 Council Regulation (EEC) No 1696/1971, as amended.

Commission Regulation (EEC) No 776/73, as amended.

7) Article. 3 (2). 1 Council Regulation (EEC) No 1696/71.

8) Act No. 553/1991 Coll. on State control, as amended by Act No.

166/1993 Coll.

Law No. 64/1986 Coll.

8) Article. 1 (1). 5 of Council Regulation (EEC) No 1784/77.

9) Article. 7 of Council Regulation (EEC) No 1784/77.

10) Article. 8 (2). 1 Council Regulation (EEC) No 1784/77.

11) Article. 8 of Council Regulation (EEC) No 1784/77.

12) Article. 9A of Commission Regulation (EEC) no 890/78.

13) Article. 10 (a). and) Commission Regulation (EEC) no 890/78.

14) Article. 10 (a). (b)) the first sentence of Commission Regulation (EEC) no 890/78.

15) Article. 10 (a). (b) second sentence, article). 10 (a). (c)), article. 10 (a). (d))

Commission Regulation (EEC) no 890/78.

16) Article. 10 (a). (d)) of Commission Regulation (EEC) no 890/78.

17) Article. 7 Commission Regulation (EEC) no 3076/78.

18) Article. 7A of Commission Regulation (EEC) no 3076/78.

19) § 2 (2). 2 of the commercial code.