97/1996 Coll.
LAW
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
Certification
(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
request.
§ 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
centres,
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
position,
(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
cancelled
§ 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
cancelled
§ 12
cancelled
section 13 of the
cancelled
§ 14
cancelled
§ 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
hops.
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
regulations.
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
regulations.
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.
