Amendment Of The Act On Trade In Forest Reproductive Material Of Tree Species

Original Language Title: změna zákona o obchodu s reprodukčním materiálem lesních dřevin

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=80314&nr=232~2F2013~20Sb.&ft=txt

232/Sb.



LAW



of 26 March. June 2013,



amending Act No. 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, Act No 634/2004 Coll., on

administrative fees, as amended, and law No. 148/2003

Coll., on conservation and use of plant genetic resources and

micro-organisms relevant for food and Agriculture and on the amendment of Act No.

368/1992 Coll., on administrative fees, as amended,

(Act on the genetic resources of plants and micro-organisms), 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 No. 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

Law No. 387/2005 Coll., Act No 444/2005 Coll., Act No. 124/2008 Coll.,

Law No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Sb.

and Act No. 18/2009 Coll., is amended as follows:



1. in article 1, the words ' European Community ' shall be replaced by the words "of the European

the Union "and after the word" down "with the words" the principles of protection and

reproduction of forest tree species gene pool and ".



2. In paragraph 2 (a). and the introductory part of the provision), the words "throughout the European

Community ' shall be replaced by "on the territory of the European Union" and the words

"the provisions of § 3 para. 2 and annex No. 1 to this Act "are replaced by the

the words "list of species of forest tree species provided for by Decree".



3. In paragraph 2 (a). (d)) and in section 2 (a). e), the words "parental trees"

replaced by the words "parents family, ortetu".



4. In paragraph 2 (a). f), the words "that is genetically modified

organism "shall be replaced by the words" which has been modified by genetic mistakes

modifications. "



5. In paragraph 2 (a). g) of point 1, the words "in which the tree is" the words

"or group of trees".



6. In paragraph 2 (a). g) of point 2, the words "drive space allocation

forest ^ 4) "are replaced by" stand, which is a delineated population of trees ".



Footnote 4 is repealed.



7. In paragraph 2 (a). g) of point 3, the words "of the parent tree" are replaced by the words

"the parents of the family" and the word "substantially" is deleted.



8. In paragraph 2 (a). (g)) of paragraph 4, the words "the parent tree" are replaced by the words

"a parent".



9. In paragraph 2 (a). (g)) at the end of the text of paragraph 6, the words "for

vegetative reproduction ".



10. In paragraph 2, at the end of subparagraph (g)) the following section 7 is added:



"7. the ortet, whereby a tree is intended for subscription for the vegetative parts of plants

the method of reproduction, ".



11. in paragraph 2 of the letter n) and o) are added:



"n) putting into circulation the offering of basic material for sale,

sale or delivery to a third party, including delivery on the basis of the Treaty on

the provision of services, or any other form of transfer of a right to dispose of the

with reproductive material to another person in the business, and imports for the

the purpose of sale or provision of samples of genetic resources; for marketing

into circulation does not constitute transfer of the right to dispose of the reproductive material

as regards the first transfer of the rights of the owner of the basic

material to another person and the owner of the basic material or

his employees in connection with this transfer is not taking part in the production of

of reproductive material



about) section of reproductive material, reproductive material which



1. code and number is determined by the certificate of origin of the reproductive material

(hereinafter referred to as the "certificate of origin"), the Czech and the scientific name of the species,

the quantity,



2. is determined by the year of ripening, resulting from the partition by merging partitions years

the maturation, in the case of seed units



3. it is of the same category, of the same type and the same source, purpose of use,



4. comes from the same region of provenance and of the same altitude band,



5. in the same way processed, stored and nursed throughout the

the progress of production or removed in the same year, if it is a part of the

plants,



6. has the same age and the method of cultivation, in the case of propagating material,



7. comes from the same unit, if identified,

selected, qualified or tested reproductive material ".



Footnote 5 is deleted.



12. In paragraph 2 (a). r), after the words "Ministry of agriculture"

the words "(hereinafter referred to as" the Ministry ")".



13. in paragraph 2, at the end of the letter r) dot is replaced by a comma and the following

the letters s through z)) are added:



"with) National Bank of forest tree seeds and explants (hereinafter referred to as ' the Bank

seed and explants ") device that stores the seed and in the long term

tissue culture of forest tree species, which is ensured by the possibility of reproduction

forest tree genetic resources,



t) a genetic source of forest tree species



1. reproductive material



2. the basic material,



3. gene base,



that have current or potential phenotypic and genotypic value

and are collected, assessed and documented for the purpose of the national

the program of protection and reproduction of forest tree species gene pool (hereinafter referred to as

"National program"),



u) protection and reproduction of forest tree species gene pool long term preservation

forest tree genetic resources while preserving their genetic

the base and the ability of reproduction, in progress at the site of the original occurrence of the

forest tree genetic resources or outside the place of the original occurrence of the

forest tree genetic resources,



in person), and any legal person or organizational unit of a State, which

participates in the implementation of the national programme, in charge of the Ministry of

the operation of the seed bank and there are measures and coordination

related to it,



w) of forest tree seed seeds or fruits of forest tree species is technically

eligible for sowing,



x) forest nursery activities, systematic activity engaged in

cultivation of seedlings of forest tree species intended for artificial

the recovery of the forest and afforestation or for forestry reclamation, planting

forest tree species on farmland and the greening of the landscape,



s) forest kindergarten file structures, equipment, and forest or other land

with technical and technological equipment, that is used for the cultivation of plants

material of forest tree species intended for artificial restoration of forest and afforestation,

where appropriate, for forestry reclamation, planting of forest tree species on

agricultural land and the greening of the landscape,



from the pattern of genetic resources) removed seed, plant parts

or planting stock in quantity and quality, allowing protection and

the reproduction of genetic resources while maintaining its genetic basis. ".



14. in the first part of his head and insert a new title II, including the

the headings and footnotes # 21 to 24:



"TITLE II



PROTECTION AND REPRODUCTION OF FOREST TREE SPECIES GENE POOL



§ 2a



The national programme



(1) the protection and reproduction of forest tree species gene pool, which consists of

set of all genes of forest tree species, is provided via

The national programme that creates the prerequisites for effective and sustained

use of genetic resources of forest tree species in accordance with the needs of

forest management and the principles of sustainable forest management

the Woods. National program regulates the conditions and procedures of protection and

reproduction of forest tree genetic resources of tree species

forest tree species indigenous to the territory of the Czech Republic.



(2) the national programme to be issued and the period of their validity establishes the Ministry of

in cooperation with the Ministry of the environment.



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

This evaluation shall submit to the Ministry.



(4) the amendment of the national programme of the Ministry to perform on his own

initiative, the initiative of the authorized person, the designated person or another participant in the

The national programme.



(5) the list of species of forest tree species, that could be included in the national

the program provides for the Ordinance.



Section 2b



The principles of protection and reproduction of forest tree genetic resources



(1) the protection and reproduction of forest tree genetic resources provide

the participants of the national programme through the national program.



(2) each participant of the national program is required to



and) to protect and reproduce the forest tree genetic resources in situ and ex

situ in all their parts and development stages,



(b)) to ensure the retention of samples of genetic resources of forest tree species in

appropriate conditions so as to prevent their damage or destruction,



(c) if necessary, allow) the reproduction or restoration of genetic

sources of forest tree species,



(d) in the event of danger) deterioration of forest genetic resources

trees provide the necessary measures for their salvation,



(e) the person responsible for the change) to notify data relating to genetic resources

forest tree species, and no later than 30 days from the date of this change,

has occurred.



(3) the threat of the genetic resources of forest tree species is the participant of the


The national programme shall be obliged to immediately notify the fact to the charge

to the person. The designated officer may impose transfer samples affected

the genetic resources of forest tree species into the ownership of the other party to the

The national programme.



section 2 c



Request for the inclusion of the genetic resources of forest tree species in the national

program



(1) the request for the inclusion of the genetic resources of forest tree species in the national

the program can bring the owner designee of the genetic resources.



(2) the owner of the genetic resources referred to in paragraph 1 shall mean



and) the owner of the basic material,



(b)) the owner of the basic material or



(c)) the owner gene base.



(3) the model application for inclusion of the genetic resources of forest tree species in

The national program provides for the Ordinance.



section 2d



The inclusion of the genetic resources of forest tree species in the national program



(1) if it is from the point of view of protection or of the reproduction of genetic resources

forest tree desirable to include the genetic source of forest tree species in

The national programme, the designated officer may, on application by the owner of the

genetic resources include the genetic source of forest tree species in the national

program.



(2) the inclusion of the genetic resources of forest tree species in the national

the program takes the longest to their term of validity as laid down in the national

program.



(3) proof of the classification of the genetic resources of forest tree species in the national

the programme must contain the indication of the owner of the genetic resources, species

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

the registration number of the genetic resources of forest tree species.



(4) the inclusion of the genetic resources of forest tree species in the national program

the owner of the genetic resources becomes a participant in the national programme.

The rights and obligations arising from this Act arise from the participants

The national programme on the day indicated in the document on the classification of genetic

forest tree species resources in the national program. Participant In The National

the program is also a designated person. List of participants of the national programme

leads to the designated officer in the central register of the basic material (hereinafter referred to

"central register"). The content of this central register exposes the

the designated person on their website.



(5) the Stands included in the national programme can be divided into categories

Special purpose forest ^ 21).



(6) on the inclusion of genetic resources to the national programme not covered by

the administrative code ^ 22).



section 2e



Change and cancellation of the classification of the genetic resources of forest tree species in the national

program



(1) If a change was made in charge of the National Programme, the

person to change the classification of the genetic resources of forest tree species, which is

the approved amendment to the national program.



(2) the designated officer shall revoke the classification of the genetic resources of forest tree species in

The national programme, if



and the genetic source of forest tree species), which was included in the national

the program no longer meets the conditions for which the national programme was

inserted, or



(b) the genetic source of forest tree species), which was included in the national

the program has been destroyed or damaged to such an extent that it can no longer

to fulfill its purpose, or



(c) there has been a breach of duties) a participant in a national programme, or



(d)) the Subscriber requests in writing to the national programme.



(3) in the context of the removal of the genetic resources of forest tree species in

The national programme, the designated person may ask the person who was

participant in the national program, to within a reasonable time has transferred the samples

forest tree genetic resources and documentation of genetic resources

forest tree species into the ownership of the designated person, or by another participant

The national programme.



(4) the classification of the change and the removal of genetic resources in

The national programme is not covered by the administrative code ^ 22).



section 2f



The collection, evaluation and inventory of forest genetic resources

tree species



(1) the protection and reproduction of forest tree genetic resources ex situ in the

the seed bank and explants provides designated person, by saving and

reproductions of samples of genetic resources of forest tree species in the seed bank and

explants.



(2) the designated person is required to assess and inventory samples

forest tree genetic resources stored in the seed bank and the explants and

15. January of each calendar year to pass the designee results

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



(3) the method and scope of the evaluation of forest genetic resources in the Bank

seed and explants lays down the Decree.



§ 2 g



The documentation on the genetic resources of forest tree species



(1) the participants in the national programme are required to conduct ongoing documentation

of forest tree genetic resources included in the national programme

so, to avoid confusion with the other of their genetic resources.

The documentation must be protected against misuse, damage, destruction,

unauthorized alteration, loss or theft.



(2) data on the genetic resources of forest tree species are protected and

reproduced in situ or ex situ leads and kept permanently on the basis of

the data submitted by the participants of the national programme, the designated person in the

a central register.



(3) if the inclusion of the national programme of the Commissionaire is

a person who was a participant in the national programme, shall within 30

days from the cancellation of the classification in the national programme to convert into ownership of

all documentation on the genetic resources of forest tree person referred to in

the document on the abolition of classification in the national programme.



(4) in the event of the death of a natural person, or the dissolution of a legal person, that is

participant in the national programme, is the legal successor of such person shall be obliged to

It shall forthwith notify the responsible person to determine

which the participant of the national programme will be forwarded within the time limit

documentation of forest tree genetic resources and genetic samples

sources of forest tree species. If you ordered the liquidation of a legal person, the

the liquidator shall immediately inform responsible

the person who determines that a participant in the national programme will be in the

the prescribed time limit passed documentation on forest genetic resources

tree species and the patterns of forest tree genetic resources.



(5) the content of and detailed rules of documentation on the management of forest genetic resources

trees down the Decree.



(6) The transmission of documentation on forest tree genetic resources and

the transmission of samples of forest tree genetic resources does not apply

the administrative code ^ 22).



section 2 h



Provision of samples of genetic resources of forest tree species



(1) the designated officer or designated person, if necessary, are entitled to

a written request of a participant of the national programme to provide a sample or

allow the sampling of genetic resources of forest tree species, including

identifying information about the genetic resource; the application must include

information about the purpose of the provision of the sample. Participant of the national program is required to

with the request.



(2) the participants in the national programme shall provide samples of genetic resources

forest tree species to other persons, if



and have an adequate supply of samples) of the genetic resources of forest tree species,



(b) by providing a sample of the genetic resources) of forest tree species does not

the threat to the genetic resources of forest tree species or damage that

could result in the demise of the genetic resources, or



(c)) the circumstances require, in respect of which the genetic resource of forest tree species

included in the national programme.



(3) for the purpose of breeding, research and education are the participants of the national

the program required to provide samples of the genetic resources of forest tree species

free of charge.



(4) samples of forest tree genetic resources are only provided in the

sections (section 5). Each section of the genetic resources of forest tree species

the cover sheet must be attached (section 8).



(5) the owner of the genetic resources of forest tree species is obliged to register in

documentation on the genetic type, quantity and source form provided by the

samples and information about who and for what purpose the samples were provided.



(6) the scope of the identifying information referred to in paragraph 1 and the

provision of samples of genetic resources of forest tree species and the size of these

the samples down the Decree.



section 2i



Gene base



(1) forest stands with a significant proportion of valuable regional

populations of forest tree species with an area of, which is sufficient to sustain the biological

the diversity of the population, that is, when a suitable method of management is able to

custom reproductions, you can declare a gene base. Les on the territory

gene base can be classified into the category of special purpose forest ^ 21).



(2) 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 major tree species

forest tree species, the period of validity of forest economic plan or

forest of the outline. Gene base Announces on the basis

your own professional judgement of the designated officer at the request of the owner of the forest on

the territory to be declared gene base. List of gene

bases leads to the designated officer in the central register.



(3) If the designated officer discovers that the famous gene base does not meet the

the conditions laid down in this law and the regulations issued for its implementation


or the conditions under which it was published, the publication of gene base

gene base.



(4) the rules promulgation of gene bases, farming in the forests

on their territory and their method of marking down the Decree.



(5) on the announcement and the cancellation of gene bases does not cover administrative

order ^ 22).



section 2j



Financing the protection and reproduction of forest tree species gene pool



(1) the financial resources for the collection, evaluation, documentation,

protection and reproduction of forest tree genetic resources within the

The national programme and to operate a Bank of seeds and the explants are

provided for the purposes mentioned in this Act from the State budget

through the chapter.



(2) the designated person are the financial resources referred to in paragraph 1 provided

in the framework of the financial relations established by the Ministry of ^ 23).



(3) the participants in the national programme, with the exception of the designated person are financial

the means referred to in paragraph 1, provided in the form of subsidies ^ 24).



21) § 8 para. 2 (a). (f)) of law no 289/1995 Coll.



22) Act No. 500/2004 Coll., the administrative code, as amended.



23) Act No. 218/2000 Coll. on budgetary rules and amending

certain related acts (budgetary rules), as amended by

amended.



24) section 14 of Act No. 218/2000 SB., as amended by Act No 73/2010 Sb. ".



Heading of title II to IX shall become title III to X.



15. in section 3, paragraph 3. 1, the words "Annex No 1 to this Act" are replaced by

the words "list of species of forest tree species provided for by Decree".



16. in paragraph 3, at the end of paragraph 1, the following sentence "reproductive material

artificial hybrids listed in the list of species of forest tree species may be placed in the

circulation as the selected, qualified or tested. ".



17. in section 3, paragraph 3 reads:



"(3) material of the species and artificial hybrids listed in the list of

forest tree species that have been copied, you can specify to vegetatively

circulation as the selected, qualified or tested. Selected

reproductive material can be put into circulation only if they were obtained

the mass reproduction of seed. ".



18. In paragraph 3, the following paragraphs 5 and 6 are added:



"(5) reproductive material of non-native species of poplar, their mutual

hybrids and hybrids of non-native species of poplar with domestic species, which was

produced on the territory of the Czech Republic, can be put into circulation on the territory of the

The United States only as tested. Reproductive material domestic

species of poplar trees, with the exception of Aspen, Cottonwood tree that was produced on the territory of the

The United States, can be put into circulation on the territory of the Czech Republic only

as a qualified or tested.



(6) the list of species and hybrids of poplar under paragraph 5 shall be published in the

Journal of the Department of agriculture. ".



19. in § 5 para. 2 letter a) is added:



"and the scientific name) Czech species, where appropriate, indication of the clone or a mixture

clones, ".



20. in § 5 para. 2 (a). g), the words "year of maturation," the words "for

a mixture of years of maturation, ".



21. in § 5 para. 2 the letter h) is added:



"h) age and type of seedlings or cuttings as planting stock and

whether undercuts, transplants or containerised; ".



22. in paragraph 5, the dot at the end of paragraph 2 is replaced by a comma and the following

the letter i), which read as follows:



"i) category of forest reproductive material".



23. in § 5 para. 3 (b). (c)), the words "traveller's doctor outlining that" shall be replaced by

"whether".



24. in section 5, paragraph 4 is added:



"(4) the Merging of reproductive material from the different sections in the course

production is permissible in the case that this is a



and) one and the same owner of reproductive material



(b)) one and the same type of forest tree species,



(c)) one and the same region of provenance,



(d)) of the same origin, altitudinal range of reproductive material



(e)) the same gene base,



(f)) with the same category of forest reproductive material ".



25. In section 5, the following paragraphs 5 to 7, including the footnotes

# 25:



"(5) Sections of tested reproductive material, sections of a qualified

reproductive material and sections selektovaného of the reproductive material

phenotypic classes and are incompatible.



(6) the altitudinal range is determined by the degree of forest vegetation, recorded from the map

forest vegetation degrees in regional forest development plans ^ 25). U

the basic material of the growing outside the forest land height

zone determined by the altitude.



(7) the details of merging partitions of reproductive material and determine the

height bands for the basic material of the growing outside the forest

land lays down the Decree.



25) § 23 of law no 289/1995 Coll. ".



26. in section 5, the following new section 5a, which including the title reads as follows:



"§ 5a



Collection of basic material



(1) the supplier is obliged to notify the person responsible for at least 15 days in advance



and the holding of the seed collection), a collection of parts of plants, or

picking plants from natural regeneration, in the case of

identified, selected, qualified or tested reproductive

material,



(b)) the venue of the subscription part of the plant, if it subsequently vegetative množený

selected, qualified or tested reproductive material



c) merge the reproductive material (§ 5 para. 4).



(2) in the notice referred to in paragraph 1, the supplier shall indicate the



vendor); for natural persons, the name or names,

last name, date of birth, business name or the name, address

permanent residence and address of place of business, if different from the address of the place of

permanent residence, with legal entities, business name or the name and address of the

registered office,



b) supplier ID number, if assigned,



c) license number (section 22) and the registration number of the supplier,



(d)) the place and the time interval of time likely to collect of seeds

material, taking parts of plants and planting stock of the collection

natural regeneration in one growing season; the exact date shall notify the

supplier representative at least 2 business days in advance,



(e) the maximum quantity of collected) the planned seed,

the removed parts of plants and planting stock from vyzvednutého

natural regeneration.



(3) in the case of collecting seeds, parts of plants or subscription

picking plants from natural regeneration, if not

the owner of the source itself, the supplier, must be included in the notification whether or not written

the consent of the owner of the basic material with a notarized

signature or electronic form of consent signed by a recognized

an electronic signature of the owner of the basic material or

its authorised representative.



(4) in the case of reproductive material identified by the beech, Oak

summer and winter, Oak must collect in units on the territory of the United

the Republic take place from at least 10 trees within the unit.

With respect to the selected material of Norway spruce, pine

forest, European larch, beech, oak and sessile oak,

must collect in units on the territory of the Czech Republic take place

at least 20 trees within the unit. In the case of seed orchards

recognized on the territory of the Czech Republic, can be carried out only in the event of capture, when

the crops were involved in at least 50% of the clones in the seed Orchard of pine

European larch forest, and of Norway spruce and at least 30% of the clones in

other forest tree seed orchards.



(5) the model notification referred to in paragraph 1 shall lay down the Ordinance. ".



27. section 6 including the title reads as follows:



"section 6



Certificate of origin



(1) in the case of an identified, selected, qualified or tested

reproductive material and were subject to the conditions established by this Act

and regulations issued for its implementation, the designated person shall issue after the

their collection of seeds, parts of plants or subscription

pick up the natural regeneration of plant material suppliers on

his request for a certificate of origin of the partitions obtained within 10 days from the

the date of receipt of the request.



(2) the competent institution responsible for the person for the issue of a certificate of

the origin is that in whose jurisdiction there is a collection of seed,

subscription to plant parts or lifting of planting stock from natural

regeneration.



(3) an application for the issue of a certificate of origin of the applicant is required to submit

designee not later than 10 days after the end of the collection of seed,

subscription to plant parts or lifting of planting stock from natural

regeneration.



(4) the designated officer shall issue a new certificate of origin, if the



and qualified or tested) is a reproducing material subsequently

vegetative množen after satisfying the requirements specified in section 5a paragraph 2. 1 to 3,



(b)) is selected then the origin of the reproductive material of the generativního

vegetative množen after satisfying the requirements specified in section 5a paragraph 2. 1 to 3,

or



c) reproductive material was merged, according to § 5 para. 4.



(5) in the section, which was created by merging various sections of ripening, are in

the new certificate of origin of the relevant years of ripening and proportion

the basic material for each of the years.



(6) the authorized person keeps records on issued certificates of origin and

issued new certificates of origin.




(7) for the notification, the application and issue a new certificate of origin applies section

5A paragraph 2. 1 to 3 and paragraphs 1 to 5 apply mutatis mutandis.



(8) the request referred to in paragraph 3 and the confirmation of the origin of the

provides for the Ordinance.



(9) on the issue of a certificate of origin is not covered by the administrative code ^ 22). ".



28. Section 6a, including footnote No. 6a repealed.



29. in article 7, paragraph 2 shall be deleted.



Paragraphs 3 to 5 shall become paragraphs 2 to 4.



30. in article 7, paragraphs 3 and 4 shall be deleted.



31. in § 8 para. 1 (b). a) and (c)), the words "place of residence or

address and place of business if different from the place of residence or

address "shall be replaced by" the address of the place of residence or address of

the business, if different from the address of the place of residence ".



32. In § 8 para. 1 (b). and) and c), the word "headquarters" shall be replaced by

"registered address".



33. In section 8 paragraph 4 is added:



"(4) the accompanying sheet of seeds and fruits placed into circulation as

identified, selected, qualified or tested reproductive

the material must also include the information about the



and thus, by weight) the proportion of pure seeds or fruits, seeds

or the fruit of other species and harmless impurities per product

referenced in the circulation as a seed,



b) germination of pure seeds or fruit; in the case that germination is not

impossible or impractical to find out about the viability of the identified with the help of

specific methods,



(c)) of the weight of 1000 pure seeds or fruits,



(d)) the number of germinable seeds or fruits per kilogram of product referred to in

circulation as seed; in the event that the number of germinable seeds or

the fruit is not possible or appropriate to determine the number of viable seeds

or fruits per kg. ".



34. In § 8 para. 5 after the word "circulation", the words "to the first

to the buyer ".



35. In section 8, paragraph 9 is added:



"(9) specific methods referred to in paragraph 4 (b). (b)), the content and form of

the movement worksheet, how to connect it and the classification marking of parts

plants and planting stock down Ordinance. ".



36. In section 10, paragraph 1. 3, the last sentence is replaced by the phrases "Phenotypic

classification shall be carried out whenever the drafting of a new forest

the economic plan or the new forest economic outline, for a period

their validity. In justified cases, the designated person may perform

phenotypic change of classification in the context of the recognition of the basic

material. Change the phenotypic nomenclature is not the reason for the change of the forest

the marketing plan or forest economic outline. ".



37. section 11 including the title reads as follows:



"section 11



Recognition of basic material



(1) the recognition of the identified source, selektovaného, qualified and

of tested reproductive material performed by the designated officer on the basis of

the application of the owner of the resource.



(2) the recognition of the basic material shall be carried out for all species

tree species. The basic material is recognised for a fixed period,

set out in the document or in the decision on recognition. This period may be

approved in accordance with paragraph 1 at the request of the owner of the legacy resources

the person also extended up to 12 months. Resources

identified and selektovaného reproductive material can be recognised

only on the basis of a valid forest economic plan or a valid

forest of the outline.



(3) If the designated officer discovers that the recognised source fulfils the conditions

established by this Act and its implementing regulations, revoke the recognition

the basic material.



(4) On the recognition and the cancellation of the recognition of basic material

categories identified, selected, qualified or tested with

not covered by the administrative code ^ 22). ".



38. In article 13, the following shall be added at the end of paragraph 1, the sentence shall be added: "in the

the case of Norway spruce, European larch, Scots pine and larch

eurojaponského is the source identified reproductive material

do not recognize. On the territory of the gene do not recognise airport base resources

identified reproductive material of the species for which it is

gene base announced. ".



39. In § 13 para. 2 the words "the recognition of the identified source

reproductive material shall decide by a public authority "shall be replaced by

"The recognition of the source identified reproductive material performs

the designated officer ".



40. in section 13, paragraph 3 as follows:



"(3) Stands at the same owner, same phenotypic classes of the same type

tree species found in the same region of provenance and the same height

zone and meeting the conditions for recognition can be with the consent of the owner of the source

merge into a single unit. Under the same conditions to one

units combine the resources of seeds or seed source and

the growths. Merge stands, seed sources, or sources of seeds and

stands, performs the designated officer. ".



41. In § 14 paragraph 2 reads as follows:



"(2) recognition of selektovaného source of reproductive material performs

the designated officer on the basis of its own expert assessment. ".



42. In article 14, paragraph 3 reads:



"(3) the vegetation B class of the same owner of phenotypic, same species trees

located in the same region of provenance, or in the same gene

the base, and at the same level and meeting the conditions for the recognition of

referred to in paragraph 1 may, with the consent of the owner of the source merge into one

recognized by the unit. Merge into units carried out of the stands, the designated

person. Vegetation species phenotypic classes and are inconsistent. "



43. In article 15, paragraph 2. 1 and § 16 para. 1 the words "parent tree"

replaced by the words "parents of families, ortet".



44. In article 15, paragraph 2 reads as follows:



"(2) recognition of a qualified source of reproductive material performs

the designated officer on the basis of its own expert assessment. ".



45. In section 16 paragraph 2 reads as follows:



"(2) recognition of sources of tested reproductive material performs

the designated officer on the basis of its own expert assessment. ".



46. section 17 including the title reads as follows:



"§ 17



Toll restriction intentional extraction and withdrawal period



In recognition of the crop as a source of selektovaného or the test

the basic material, the designated person may recommend to the owner of the source

reduce the scope of the toll the intentional extraction ^ 10) performed in this stand or

may suggest a withdrawal period, after which it may be carried out by the toll

intentional extraction only with its consent; consent may delegate

the issue only in order to collect seed, in order to improve

stand or to support natural recovery. ".



47. section 18 including the title reads as follows:



"section 18



Register of approved basic material



(1) the authorized person shall be kept in the central register of recognised sources Index

reproductive material (hereinafter referred to as "the register"), while for each recognised

unit records



and trees, for) the type which was recognized by the basic material for the

inclusion in the units (§ 12),



(b)), the purpose and characteristics of the category of forest reproductive material for which it was

the source recognized (§ 12 to 16),



(c)), the basic material,



(d)) the registration number,



(e)) position,



f) altitude or altitudinal range, in which it recognized the drive

located,



g) area



h) origin,



I) in the case of tested reproductive material, an indication of whether it is

genetically modified organism



j) inclusion in the national programme,



to the owner of the basic material).



(2) the details of the data being written to the register establishes the Ordinance. ".



48. § 18a, including title and footnotes # 10a repealed.



49. In title V of part one, including title and footnote No 11

repealed.



The former title VI to X are referred to as title V to IX.



50. in section 20 (2). 1 the term "suppliers" shall be replaced by the words "the holders of the

the licence ".



51. In section 20 (2). 2 (b)):



"(b)) a legal or natural person who is an entrepreneur and that

appoint a representative satisfying the conditions for the grant of a licence;

responsible representative matches entrepreneurs for regulatory compliance

When marketing reproductive material into circulation. "



52. In section 21 para. 1 letter d) is added:



"(d)) of secondary education with a GCSE in the field of forestry, higher

training forestry direction or higher education in the

Bachelor study programme, field of study and professional practice

in the field of a duration of at least 5 years or higher education in the

Master study programme, field of study and forest engineering

professional experience in the field of a duration of at least 3 years. ".



53. In article 21 paragraph 2, including footnote # 26:



"(2) the recognition of other eligibility and recognition of professional qualifications,

that the natural person has obtained in another Member State of the European Union

proceed according to the law on the recognition of professional qualifications ^ 26). Certification

authority is the Ministry of.



26) Law No 18/2004 Coll., on the recognition of professional qualifications and other

eligibility of nationals of the Member States of the European Union and the

some nationals of other States and on amendments to certain acts (the Act on

recognition of professional qualifications), as amended. ".



54. In paragraph 21 of the paragraph. 4, the words "the authority of the State administration of forests,

about the grant of the licence "shall be replaced by" the Ministry ".



55. In article 21, paragraph 5 shall be deleted.




56. section 21a including title:



"§ 21a



Obstacles to the granting of a license



(1) a licence cannot be granted to natural or legal persons,



and) that was saved by the Court or administrative authority of the prohibition of activities

relating to the marketing of forest reproductive material into circulation for a period of

the duration of this prohibition, or



(b)) that the licence has been withdrawn by decision pursuant to § 23 para. 1 (b). (d))

This Act, for a period of 5 years from the legal force of this

decision.



(2) a Licence may not be granted to a natural person who performs a function

the head of a worker in a State enterprise, government agency or in the

commercial companies engaged in the business in an industry that is

the subject of the license. Other employees of the State enterprise, State

organization or companies engaged in business in the industry,

that is the subject of the license, and the employees of public authorities (section 26)

and authorised persons (§ 30) license can be granted only with the prior written

the consent of the employer. ".



57. In paragraph 22 of the paragraphs 1 and 2 shall be added:



"(1) the Ministry shall grant a license to an applicant who satisfies the conditions

provided for in § 21 para. 1; the content of the decision on the grant of the licence is



and the number of the licence)



(b)) for natural persons name, surname, date of birth, or business

company or name, address of the place of residence or address of

the business, if different from the address of the place of residence, for legal

people business name, address of the registered office and registration number,



c) name and surname, address of residence and date of birth

Representative, if one has been established,



(d) the subject of the license)



(e) the period of validity of licence)



(f) the registration number of the supplier).



(2) the Licence shall also be the mere lapse of the time limit and in the manner referred to in section 28 to

30 of the law on the free movement of services. ".



58. section 23, including the title reads as follows:



"article 23 of the



Withdrawal and termination of license



(1) the Ministry license withdrawn if



and the licensee or his) responsible representative ceases to comply with

the conditions laid down for the grant of a license,



(b) the licence holder or his) responsible representatives was saved by the Court

or administrative authority ban on activities relating to the marketing of forest reproductive

material into circulation,



(c)), the licensee of the withdrawal of the licence therefor, or



d) licensee has seriously or repeatedly over the course of 12 months

breach of an obligation set by the licensee generally binding legal

Regulation; about the Re-Licensure may then ask at least 5

years from the date on which the decision to revoke the licence came into force.



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

referred to in paragraph 1 (b). and) or (b)), and at the latest within 15 days of their

the emergence of; If they do not, the expiry of the licence expires.



(3) the licensee shall notify the Department of a change to the data

referred to in § 22 para. 1 (b). (b)), and at the latest within 30 days from the date of

When the change occurred. If there is a change of the responsible representative of the holder

license, or to change the legal form of the holder, the holder of the

the license shall be obliged to notify the Ministry of these changes within 30 days

from the date when the change occurred, and apply for a new grant of license; If so

they do not, the license expiry of that period expires.



(4) a Licence shall expire on



and the end of its period of validity),



(b) the death of the holder of the licence or) his declaration for the dead, if the

the licensee is a natural person, or



(c) the termination of the licence holders) if the licensee is a legal entity. "



59. sections 24 and 25, including the following titles:



"§ 24



Registration



(25 supplier is obliged to keep records of each section of the reproductive

the material that is put into circulation, and the records kept for 10

years of putting it into circulation. Holder of the licence, which is the operator of forest

the nursery, is obliged to keep records of the forest nursery activities

operated under the licence and the records kept for 10 years.



(2) the licence holder is obliged to submit the charge of a person under 15. January

each calendar year, a record of each section of the reproductive

the material that was in the possession of 31. December of the previous calendar

year or that the circulation until 31 December 2006. December of the previous calendar

year, and records of forest nursery activities carried out until 31 December 2006.

December of the previous calendar year, under license, or communication,

that for the period in any reproductive material into circulation did not indicate or

He was a forestry nursery business under license.



(3) the authorized person shall be kept in the central register records of sections

reproductive material that have suppliers in possession and that are

put into circulation, and the forest nursery activities carried out within the

the license.



(4) details of record keeping and submission of records about partitions

of reproductive material and the management and presentation of evidence about the forest

nursery activities lays down the Decree.



§ 25



Imports



Importing reproductive material for the purpose of entry into the customs

free circulation can be made only



and with the permission of the Ministry), or



(b)) based on the decision of the Council of the European Union on the equivalence of

forest reproductive material produced in third

countries. ".



60. in paragraph 25, the following new section 25a to 25 d, including headings and

footnotes # 27 to 29 shall be added:



"§ 25a



Importing reproductive material on the basis of the authorization of the Ministry of



(1) the Ministry shall authorise the importation of basic material on the basis of

the decision of the Commission of the European Union ^ 27). When the Declaration is

the importer shall notify the customs authority and at the same time he

present an import permit issued by the reproductive material

the Ministry. If the importer does not submit to the Customs Office of import permits for

the basic material, the customs authority releases goods under a customs procedure

free circulation.



(2) in the application for the authorisation of imports of reproductive material in addition to the importer

the General requirements shall be



and) the identification number and the license number of the supplier,



(b)) the quantity and category of reproductive material



(c)) and the scientific name of the species,



d) in the event that imported forest reproductive material should be based on

the contract being edited, reproduced or grown exclusively for export, whether or not

identifying information about the person, which is a product made from imported

contractually specified reproductive material.



(3) the importer is obliged to procure imported forest reproductive material confirmation

of origin or an official certificate issued in the country of origin, which

shall submit to the customs authority, together with the documents referred to in paragraph 1, and

documents containing details of all imported sections.



(4) the imported material shall be registered in accordance with section 24.



(5) the details and pattern of an import notification of reproductive material referred to in

paragraph 1 lays down the Decree.



§ 25b



Importing reproductive material on the basis of the decision of the Council of the European Union

on the equivalence of forest reproductive material produced

in third countries



(1) the importer can import the material, only if it complies with

the conditions laid down by decision of the Council of the European Union on the equivalence of

forest reproductive material produced in third

^ 28 countries).



(2) the importer is obliged to notify the person responsible for the importation of at least 30 days

before the date of importation.



(3) Imported forest reproductive material can be placed under a customs procedure

free circulation on the basis of a certificate of origin issued by the

the Ministry. The Ministry issues a certificate of origin on the basis of the importer

the certificate presented by the Organisation for economic cooperation and development

about provenance. The Ministry shall indicate on the certificate of origin, that the reproductive

the material was imported under the system of equivalence.



(4) the Declaration of the importer is obliged to the fact according to the

paragraph 3, inform the Office and at the same time submit the acknowledgement of

of origin, issued by the Ministry. If the importer does not submit to the Customs Office

a certificate of origin, the customs authority releases goods under a customs procedure

free circulation.



(5) Imported material shall be registered in accordance with section 24.



section 25 c



Obligations in trade between the Member States of the European Union



(1) the person is subject to the rights and obligations laid down directly

the applicable law of the European Union, laying down detailed

rules for the application of Council Directive 1999/105/EC, with regard to the provision of official

assistance between the official bodies of the 29 ^ ^). Suppliers for the purposes referred to in the sentence

the first to provide a representative for more information, samples or other

the evidence.



(2) the supplier supplying reproductive material from the United States to

another Member State of the European Union is obliged to inform the responsible

person about the expedition of reproductive material not later than one month from the

expedition in the information document, a model of which is given in annex No. 2

of this Act.



(3) the recipient of reproductive material from another Member State of the European

the Union has an obligation to keep records about the reproductive material under §

24.



27), for example, Commission decision of 23 December 2003. December 2008 establishing

authorising Member States to take a decision in accordance with Council directive

1999/105/EC on the same guarantees are provided in relation to the reproductive

material of forest tree species, to be imported from certain third countries


(2008/989/EC).



28), for example, Council decision of 16 June 2003. December 2008 on the equivalence of

forest reproductive material produced in third

countries (2008/971/EC).



29) Commission Regulation (EC) no 1598/2002 of 6 December 2002. September 2002

lays down the detailed rules for the application of Council Directive 1999/105/EC as regards the

the provision of assistance between official bodies. ".



61. in the first section in the title of title VII, after the words "in the field"

the words "PROTECTION and reproduction of FOREST TREE SPECIES GENE POOL and".



62. In section 26 para. 1 introductory part of the provisions, and in section 29 para. 1, the words

"in the field", the words "the protection and reproduction of the gene pool of the forest

tree species and ".



63. In section 26 para. 1 (b)):



"(b)), the regional offices".



64. In § 26 para. 2 the word "region" is replaced by "Regional Office".



65. In section 26 paragraph 3 reads:



"(3) the public authorities are to exercise their jurisdiction in accordance with

This Act provided



and from the base) a reference population register,



(b)) the data from the agendového information system of population register,



(c)) the data from the agendového information system. ".



66. In paragraph 26, the following paragraph 4 to 8 are added:



"(4) the information Provided under paragraph 3 (b). and) are



and the name or names), surname, maiden name,



b) date and place of birth of the data subject, who was born in a foreign country,

the date, place and the State where he was born,



(c)) date and place of death, in the case of the death of the data subject outside the United

Republic, date of death, place and the State on whose territory the death occurred;

If it is issued the Court's decision on the Declaration of death, the date that is in the

decisions listed as the day of death or the day that declared dead

did not survive, and the date of the legal force of this decision,



(d) the address of the place of stay)



e) nationality, or more of State citizenship.



(5) the information Provided under paragraph 3 (b). (b)) are



and the name or names), surname, maiden name,



(b)), the date and place of birth,



(c)), social security number, if assigned,



(d) the address of the place of residence),



e) nationality, or more of State citizenship.



(6) the information Provided under paragraph 3 (b). (c)) are



and the name or names), surname, maiden name,



(b)), the date and place of birth,



c) country of citizenship or more of State citizenship,



(d)) the type and address of the place of stay



(e)) the beginning of the stay, where appropriate, the date of their stay.



(7) the data which are kept as reference data in the principal registry

the population recovered from the agendového information system registration

of the population or agendového information system for foreigners only if they are

in the shape of the previous status quo.



(8) of the provided data that can be used in a particular case only

such data, which are necessary for the performance of the task. ".



67. In section 27 of the letter a), b), c), (f)), and g) are deleted.



Subparagraph (d)) and e) shall become letters and) and (b)).



68. section 28 including the title reads as follows:



"section 28



Region



By the regional authorities in the



and) decide on appeals against decisions issued pursuant to §

27,



b) decide on the imposition of fines under this Act,



(c)) shall decide on the imposition of specific measures,



(d)) shall carry out controls, both natural and legal persons shall comply with the provisions of the

This Act, the regulations issued for its implementation and decisions on

their basis, and impose measures to eliminate

deficiencies. ".



69. In section 29 para. 2 (a). (b)), the word "suppliers" shall be replaced by

"licensees".



70. in section 29 para. 2 at the end of the text of subparagraph (d)), the words "and

a specified person ".



71. In section 29 para. 2 letter e) is added:



"e) issued a certificate of origin of the imported material and the

issued certificates keeps records, ".



72. In paragraph 29, at the end of paragraph 2, the period is replaced by a comma and the following

letters to) and m) are added:



"to be governed by the performance of State Administration) in the field of gathering, reviews,

the documentation, protection and reproduction of forest tree genetic resources,



l) publishes a National program and its changes



m) provides funding under section 2j. ".



73. section 30, including the title reads as follows:



"section 30



Permission of an authorised person



(1) the Ministry of carrying professional acts, the marshaler, by changing the

or clear the inclusion of genetic resources within the national programme,

by storing the transfer of samples affected genetic resources, storage

Special measures in the form of genetic resources or security

documentation of genetic resources from destruction, damage, or

transfer, control in the field of the protection and reproduction of the gene pool of the forest

tree species and the implementation of professional tasks and control in the field of

reproductive material of a legal person or an organizational folder State

that



and) has the professional and technical competence,



(b)) is not participating in the competition itself, in the region and has

no interest in the outcome of the proceedings, in which the professional Act is carried out,



(c)) is subject to the supervision and control of the Ministry.



(2) the authorized person



and coordinates the national programme),



(b) evaluation of the national programme) and submit it to the Ministry (section

2A paragraph 2. 3),



(c) measures to rescue) stores the genetic resources of the affected forest

tree species (Section 2b, paragraph 3)



(d)) (section 2 c (1)), amended (section 2e (1)) or the classification shall be deleted;

(article 2e (2)) of the genetic resources in the national programme,



e) leads the central register (Article 2d, paragraph 4, section 2 g, paragraph 2, § 2, paragraph 2, §

6 (1). 6, § 6 and § 24 para. 3),



f) stores supply of documents on genetic resources and samples

genetic resources (article 2 g (3)),



g) receives notification of a legal successor of the death of the natural person or the demise of the

a legal entity that participates in the national programme (section 2 g (4)),



h) receives notification of suppliers of the intended collection of seed,

Subscribe parts of plants and planting stock from the natural collection

regeneration and notification of suppliers of the intended merging of reproductive

material and plant parts during the subsequent vegetative propagation,



I) is entitled to be present when collecting seed, sampling

parts of plants or plant material from the natural collection

regeneration from approved basic material category

identified, selected, qualified or tested,



(j)) is confirmation of the origin of the reproductive material derived from

approved basic material and shall register



k) exhibiting a new confirmation of the origin of the reproductive material for partitions

obtained by merging the sections and sections obtained then a vegetative

multiplication, for which it was issued a certificate of origin, and shall

Register,



l) recognises the source identified, selektovaného, qualified and

of tested reproductive material, increased recognition and repealing

the recognition,



m) recognized by the units assigned registration number,



n) consolidates the recognised basic material into one recognised

units,



about) recommends a toll restriction intentional ^ 10) mining in the stands recognized as

the source of selektovaného and of tested reproductive material or

determination of the withdrawal period in these stands,



p) allows the extraction of 10 toll deliberate ^) in the stands recognized as a source of

selektovaného and tested reproductive material, or in the stands

recognised as a source of selektovaného and of tested reproductive

material, where there has been to establish withdrawal periods,



q) announces the gene base and sets out the way of farming in gene

bases,



r) holds the rights and obligations arising for it from directly applicable

Regulation of the European Union, which lays down the detailed rules for the

Council Directive 1999/105/EC, with regard to the provision of administrative assistance between the

official bodies (section 25 c (1)),



with) based on the credentials of the Ministry shall exercise supervision over compliance with

provisions of this Act, the regulations issued for its implementation, and

decision issued on the basis thereof and in the event of the detection of deficiencies

forwards this information to a public authority in the field of

reproductive material,



t) performs a check (§ 31),



Special measures for) stores (§ 36 para. 2 and 3).



(3) the staff of the authorized person shall be required to maintain in our activities

the confidentiality of all facts which have learned in the exercise of

activities under this Act. This obligation lasts 5 years after the end of

employment or similar relationship. ".



74. section 31, including title and footnotes # 17:



the "section 31



Review



(1) public authorities (art. 26) and the designated officer (section 30) shall be required to

check for compliance with the obligations laid down in this law.

Employees of public authorities and the staff of authorised persons (hereinafter

"controlling") have, in the exercise of control rights and obligations

established by a special law ^ 17), unless otherwise provided by this Act.



(2) the Customs authorities shall carry out checks on compliance with the obligations laid down

This Act only on imports and exports of the reproductive material. When

the performance of their permission to follow the Customs Act.



(3) the Inspector shall exercise control demonstrate credentials to check


or staff ID card.



(4) a public authority or a person authorized by the nature of the deficiencies

identified in the performance of control can save the method and time limit for the removal of

deficiencies and their causes.



(5) the privileges and responsibilities of controlling are empowered to

the exercise of control by the European Commission.



17) Act No. 255/2009 Coll., on the control (control code). ".



75. section 32, including title and footnote 18 repealed.



76. In § 33 paragraph 1 reads:



"(1) if it is seriously threatened supply to the market of the reproductive material

some species of forest tree species listed in the species of forest

tree species, the Ministry on the basis of the authorisation of the European Commission to lay down the

by Decree of forest tree species, whose reproductive material can be

specified period of time put into circulation, though it does not meet the requirements laid down

This Act. ".



77. In article 33, paragraph 4 shall be deleted.



78. under the first heading of title VIII is added:



"ADMINISTRATIVE OFFENSES AND SPECIAL PRECAUTIONS".



79. section 34 including the title reads as follows:



"§ 34



Misdemeanors



(1) a natural person as a participant in the national programme commits the offense

by



and) contrary to section 2b, paragraph 1. 3 notifies the threat of genetic resources,



b) contrary to section 2 g of paragraph 1. 1 does not keep documentation on genetic

resources,



c) inconsistent with the 2 h of paragraph 1. 1 does not provide or will not allow you to remove the sample

genetic resources, which it is located, including the identification

data on genetic resources,



d) contrary to section 2 h paragraph 2. 3 refuses to provide free of charge samples

genetic resources for breeding purposes, research and education, or



(e)) did not provide samples of genetic resources under section 2 h paragraph 2. 5.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to 100 000 CZK. ".



80. under section 34 shall be added to § 34a, which including the title reads as follows:



"§ 34a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur, as a participant in the national

the program commits the administrative offense by



and) contrary to section 2b, paragraph 1. 3 notifies the threat of genetic resources,



b) contrary to section 2 g of paragraph 1. 1 does not keep documentation on genetic

resources,



c) contrary to section 2 h paragraph 2. 1 does not provide or will not allow you to remove the sample

genetic resources, which it is located, including the identification

data on genetic resources,



d) contrary to section 2 h paragraph 2. 3 refuses to provide free of charge samples

genetic resources for breeding purposes, research and education, or



(e)) did not provide samples of genetic resources under section 2 h paragraph 2. 5.



(2) the supplier commits an administrative offense, by



and) contrary to section 5a paragraph 2. 1 notify the venue collection of seed,

subscription to plant parts or lifting of planting stock from natural

regeneration or contrary to section 5a paragraph 2. 2 shall send such notice with

incomplete or incorrect information,



(b)) puts into circulation the reproductive material



1. comply to the purity of the species, morphological and

physiological quality and health status under section 4,



2. without a passport under section 8, or with incorrect or incomplete information

in the accompanying document,



3. without a licence under section 20 (2). 1, or



4. Despite the prohibition provided for special measures in accordance with § 36 odst. 1 (b).

(b)),



(c)) in violation of § 24 para. 1 does not keep records of each section

of reproductive material, which he introduced into circulation, resulting in it is incorrect or

incomplete data or records not retained



(d)) takes the reproductive material without the authorization of the Ministry pursuant to § 25a

paragraph. 1,



e) contrary to section 25 c of paragraph 1. 1 does not provide for the purpose of trafficking

entities established in other Member States of the European Union responsible for

person for further information, samples or other evidence, or



(f)) as a supplier supplying reproductive material from the United States to

another Member State of the European Union, contrary to section 25 c of paragraph 1. 2

does not inform the assignee about the expedition of the reproductive material.



(3) the holder of the licence is guilty of an administrative offense by that, contrary to section

24 paragraph 2. 2 do not present designee within 15. January of each calendar

of records for each section of the reproductive material in the

possession or having said to the circulation until 31 December 2006. December of the previous

the calendar year, and records of forest nursery activities carried

until 31 December 2006. December of the previous calendar year, under license, or

Notice that for the period in any reproductive material into circulation

He did not specify or forest nursery activity.



(24.2 Pøíjemce reproductive material shall be guilty of an administrative offense

the fact that contrary to section 25 c of paragraph 1. 3 does not keep records of reproductive

material from another Member State of the European Union, pursuant to section 24.



(5) a legal entity or individual entrepreneur is committed by the administrative

tort by



and the intentional exploitation of a toll) will interfere with the recognition of the crop as a source

selektovaného or tested reproductive material (section 17), or



(b) the person fails to comply with controlled) as the measures to remedy deficiencies

stored according to § 31 para. 4.



(6) an administrative offense shall be fined in the



and 100 000 CZK), in the case of an administrative offence referred to in paragraph 1 or paragraph 2

(a). and)



b) 500 000 CZK in the case of an administrative offence referred to in paragraph 2 (a). b) to (f)),

paragraphs 3, 4 or 5. ".



81. section 35, including title and footnotes # 30:



"§ 35



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



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

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the penalty is due within 30 days from the date when the decision on its imposition

came into legal force.



(4) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed; It

does not apply if the State of a breach of duty.



(5) administrative offences under this law in the first instance hearing



and) Municipal Office municipality with extended powers, with regard to the administrative offences

pursuant to § 34,



(b)) or regional Office of the Czech environmental inspection, if it is a

administrative offenses under section 34a.



(6) an administrative offence under section 34a shall consult the competent authorities of the

public administration, who previously started proceedings, or if the management

initiated on the same day, the regional office.



(7) The liability for the acts, which took place in the business

^ 30 persons) or in direct connection with the applicable provisions of the Act

on the liability of legal persons and sanctions.



30) § 2 (2). 2 of the Act No. 513/1991 Coll., as amended by Act No. 85/2004

Coll. ".



82. In § 36 odst. 1 (b). a) after the word "how" the words "and

the term ".



83. In paragraph 36, the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (c)), which read as follows:



"c) disposal of reproductive material, which was put into circulation in

contrary to the requirements of the species purity, morphological and physiological

the quality and State of health (section 4), without the accompanying worksheet or

incorrect or incomplete information in the accompanying document (section 8), without a license

(section 20 (1)), through the prohibition laid down in the specific measures referred to in subparagraph

(b)) or that was imported without the authorization of the Ministry (section 25a, paragraph 1). ".



84. In section 36 shall be inserted after paragraph 1, paragraphs 2 to 4 shall be added:



"(2) a public authority or a designated person may save participant

The national programme of special measures in the form of relocation and to ensure

affected the genetic resources so as to prevent its destruction,

damage or theft.



(3) where it is found a serious breach of the obligations provided for in § 2b para.

2 or 3, § 2f para. 1 or 2, § 2 g of paragraph 1. 1, 3 or 4 or § 2 h paragraph 2.

1, the public authority or the designated officer saves the participant of the national

Special measures in the form of the security program of genetic resources or

documentation of genetic resources from destruction, damage or

theft and inform the designated person about the work carried out.



(4) the special measures referred to in paragraphs 1 to 3 can be saved even in addition to fines

imposed under section 34, 34a & 35. ".



The current paragraph 2 shall become paragraph 5.



85. In § 37 para. 1 (b). (c)), after the words "export" the words "and

Re-export ".



86. section 38, including title and footnote No 20 repealed.



87. section 39 including the title reads as follows:



"§ 39



Powers of execution



(1) the Ministry shall issue a decree to implement section 2a paragraph 2. 5, section 2 c of paragraph 1. 3,

section 2f para. 3, § 2 g of paragraph 1. 5, § 2 h paragraph 2. 6, § 2 para. 4, § 3 para. 1, §

4 § 5 para. 7, section 5a paragraph 2. 5, § 6 (1). 8, § 8 para. 9, section 10, paragraph 1. 4, §

12 paragraph 1. 2, § 13 para. 4, § 14 para. 4, § 15 para. 4, § 16 para. 4, §

18 paragraph 1. 2, section 20 (2). 3, § 24 para. 4 and section 25a paragraph 1. 5.



(2) the Ministry may issue a decree to implement section 33 para. 1. ".



88. the annex No. 1 is repealed.



89. Appendix 2 is added:



"Annex 2 to the Act No. 149/2003 Coll.



Article. (II)



Transitional provisions



1. the Ministry of it processes and provides for up to 6 months from the date of entry into force of

of this Act, the national programme of protection and reproduction of the gene pool of the forest


tree species and shall publish it in the Gazette of the Ministry of agriculture and the way

allowing remote access.



2. the license to the marketing of forest reproductive material issued under the

the existing legislation shall be considered as licences issued under

Act No. 149/2003 Coll., in the version in force from the date of entry into force of

of this Act.



3. Forest reproductive material accumulated according to the existing legislation

in the period from 1. January 2004 until the date of entry into force of this Act shall be

considers reproductive material collected according to law No. 149/2003

Coll., in the version in force from the date of entry into force of this Act.



4. The basic material authorised for the production of reproductive

material according to the existing legislation shall be considered as accepted

resources under this Act, in the version in force from the date of entry into force of

This Act, except that



and the parental trees according to present) of the law shall be construed as

parents of families,



b) clones recognised under existing legislation to receive parts

plant vegetative reproduction are considered ortets.



5. Gene base declared according to the existing legislation, the

consider the gene bases announced pursuant to Act No. 149/2003 Coll., as

the version in force from the date of entry into force of this Act.



6. the proceedings initiated before the date of entry into force of this Act and to

on this day the unfinished completes and the rights and obligations

related are assessed according to the existing legislation.



PART TWO



Amendment of the Act on administrative fees



Article. (III)



Item 87 in the annex to the Act No 634/2004 Coll., on administrative fees,

in the wording of Act No. 553/2005 Coll., reads as follows:



"Item 87



and) issue an import permit

of reproductive material

forest tree-$ 500



(b) the grant of the licence to the vendor)

of reproductive material

forest tree species CZK 1 000



(c) the extension of the licence to the vendor)

of reproductive material

forest tree-$ 500



(d) the grant of the licence to the production)

forest economic plan

and forest economic outline $1 000



(e) preparation of License Renewal)

forest economic

plan and forest economic outline Czk 500



(f) the granting of licences for the performance)

activities of the forest

landlord $1,000



g) extend the license for the performance of

activities of the forest

the householder £ 500 ".



PART THREE



Amendment of the Act on the genetic resources of plants and micro-organisms



Article. (IV)



Law No. 148/2003 Coll., on conservation and use of plant genetic resources

plants and micro-organisms relevant for food and Agriculture and amending

Act No. 368/1992 Coll., on administrative fees, as amended

legislation (the law on genetic resources of plants and micro-organisms),

amended by Act No. 340/2005 Coll., Act No. 444/2005 Coll., Act No.

228/2009 Coll. and Act No. 281/2009 Coll., is amended as follows:



1. In article 2 (2). 1 (b). and), after the words "the variety of cultivated plants"

the words "plant breeding and" and the words "line or" shall be inserted

the word "related".



2. In article 2 (2). 1 at the end of the text of the letter j), the words "or

a person included in the national programme (hereinafter referred to as "a party of the national

program ")".



3. In article 3, paragraph 3. 2, the words "a person included in the national programme (hereinafter referred to

"the party of the national programme") "shall be replaced by ' participant

The national programme ".



4. in § 5 para. 1 (b). (c)), the words "preserved the ex situ ' are deleted.



5. § 5 para. 2, the words "and the number" shall be deleted.



6. In section 14 para. 1, after the words "designated person" the words "or

participant of the national programme ".



7. in § 14 para. 2, after the word "Genobanku" is inserted after the word "seed".



8. in section 19 paragraph 2, including footnote No 14:



"(2) if the sample is to provide genetic resources required

remuneration may not exceed the minimum cost incurred ^ 14).



14) International Convention No 73/2004 Coll., on plant genetic

resources for food and Agriculture ".



9. in section 19 para. 3, the words ' for the purposes referred to in paragraph 2 "shall be deleted.



10. in paragraph 4 of section 19 reads as follows:



"(4) the Ministry shall issue a decree granted by the size of the samples

genetic resources according to their type and genetic basis. ".



11. section 20 including the title reads as follows:



"section 20



Provision of information on genetic resources



Information about the genetic resources exposes the person authorized on their

website by means of an information system on

genetic resources pursuant to § 17 para. 4 and in accordance with the applicable

international agreements ^ 14). ".



Footnote 8 is deleted.



12. In § 25 para. 1, after the words "national programme" the words ",

international cooperation ".



13. in § 25 para. 3, the last sentence shall be deleted.



14. At the end of section 26 shall be supplemented with the sentence "the international cooperation is

also the participation of authorised persons and participants of the national programme on implementation of

programmes, projects and agreements resulting from international obligations. ".



PART FOUR



The EFFECTIVENESS of the



Article. In



This Act shall take effect on 1 January 2000. January 2014.



Němcová in r.



Zeman in r.



Samantha r in r.