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Footnote 4 is repealed.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.
