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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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387/2005 Sb.



LAW



of 19 December 2003. August 2005,



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) and Act No 114/1992 Coll., on nature and landscape protection, 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), is amended

as follows:



1. § 1, including title and footnote No. 1a is added:



"§ 1



The subject of the edit



This law incorporates the relevant European Community regulation ^ 1a) and

down the conditions under which it may be put into circulation, the reproductive material

forest tree species, tree species and artificial hybrids, intended to

regeneration and afforestation, and for maintaining and increasing biological

the diversity of the forest, including the genetic diversity of trees, and for permanently

sustainable management of forests.



1A) Council Directive 1999/105/EC of 22 December 2004. December 1999 on the marketing of

forest reproductive material on the market. ".



2. In paragraph 2 (a). and), after the words "Annex", the words "No 1".



3. In paragraph 2 (a). g) point 5 is added:



"5. the clones, which is a group of the vegetative progeny (derived) derived from the

a single individual (ortet) by vegetative propagation, for example,

by cuttings, Micropropagation, grafts, layers or

Division ".



4. In paragraph 2, point (h)) the following new subparagraph (i)), which read as follows:



"i) indigenous stand or seed source is an autochthonous stand or source

seeds or stand or seed source, which was artificially from seed

that is originally from the same region of provenance, ".



Letters i) to p) shall become letters (j)) to q).



5. In section 2, the dot in the letter q) is replaced by a comma and the following letter

r) shall be added:



"r) responsible person of the legal person or organizational component of the State

in charge of the Ministry of agriculture pursuant to § 30 of this Act. ".



6. In section 3, paragraph 3. 1, after the words ' Annex ' shall be replaced by "1".



7. In paragraph 6 (1). 1, after the words "planting" the words "of the

natural regeneration ".



8. In section 6 (1). 2 (a). (d)), after the words "plant material"

the words "from the natural regeneration".



9. in section 6 (1). 2 (a). (e)), after the words "plant material"

the words "from the natural regeneration".



10. In section 6 (1). 4, after the words "planting" the words "of the

natural regeneration ".



11. in article 6, paragraph 5 shall be deleted.



Paragraphs 6 and 7 are renumbered as paragraphs 5 and 6.



12. in section 6 shall be inserted after paragraph 6, paragraphs 7 and 8, including

footnote # 6a:



"(7) the locally competent public authority for issue of the certificate of

origin is the one in whose territorial jurisdiction the collection of seed

material sampling plant parts or lifting of planting stock from

natural regeneration.



(8) On the issue of a certificate of origin of the reproductive material shall

not covered by the administrative code 6a ^ ^).



6a) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by

amended. ".



13. in paragraph 6, the following paragraph 6a is inserted:



"§ 6a



(1) if the material in the category is selected,

qualified or tested vegetatively množen shall subsequently authority

public administration for this subsequently reproduced material

the new certificate of origin.



(2) after the merger of the reproductive material under § 5 para. 4 of this Act,

the public authority shall issue for this subsequently merged the reproductive

the material of the new certificate of origin.



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

Similarly, the provisions of § 6 (1). 1, 2 and 4 of this Act. For the conduct of

evidence of the new certificate of origin applies, mutatis mutandis, the provisions of § 6 (1). 5

of this Act.



(4) the locally competent public authority for the release of the new

a certificate of origin is the one in whose territorial jurisdiction the subscription occurs when part of the

plant vegetative reproduction or subsequent to merge partitions

reproductive material.



(5) on the issue of a new certificate of origin of the reproductive material shall

not covered by the administrative code 6a ^ ^).



(6) the details of the notification referred to in paragraph 3 and the details about the new

a certificate of origin and on the request for his extradition provides for the Ministry of

Agriculture Decree. ".



14. in § 8 para. 8, the word "copy" shall be replaced by the word "copy".



15. under section 18 shall be added to § 18a, including title and notes

line no. 10a is inserted:



"§ 18a



The national list



The Ministry leads a national list of approved basic material of forest reproductive

material ^ 10a).



10A) Commission Regulation (EC) no 1614/2002 of 6 December 2002. September 2002

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

a model for national lists of basic material of forest

tree species. ".



16. in article 21, the following new section 21a, which including the title reads as follows:



"§ 21a



Obstacles to the granting of a license



A license could not be granted to that person or entity,



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). (c))

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

decision. ".



17. in § 24 para. 2, the words "to 30. November "is replaced by" 15.

December "and the word" States "shall be replaced by the word" stated ".



18. the title of section 25 reads: "exports and imports".



19. in § 25 para. 1 the first sentence, after the words "issued by the Department"

the words "under the authority of the European Commission or the Council, the European

the Union "and in the second sentence, after the words" issued by the Ministry of "the words

"in the first sentence".



20. In article 25, paragraph 3 shall be inserted after paragraph 4 and 5, including

footnote No. 12a shall be added:



"(4) if the material exported to any of the States

The European Union, is a vendor who exports reproductive material, about

obliged to inform the responsible person within 1 month from the date of export to the

the prescribed form of which a specimen is shown in annex 2 to this

the law. The designated officer shall forward that information to the official body of the Member

State of the European Union, where the customer is established ^ 12a).



(5) on the issue of an import licence pursuant to paragraph 1 shall not apply to the administrative

order ^ 6a).



12A) 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. ".



The current paragraph 4 shall become paragraph 6.



21. in section 27 (c). and the comma at the end) is deleted and the following words "and

notification of suppliers of the intended merging of reproductive material and

Subscribe parts of plants the next vegetative propagation (Section 6a) ".



22. in section 27 (c). (c)), after the words "expose" is inserted after the word "new", the words

"by dividing the section" shall be replaced by "merging partitions, and partitions

obtained by subsequent vegetative propagation "and the word" which "shall be replaced by

the word "that".



23. in section 27 is at the end of paragraph (e)) dot replaced with a comma and the following

the letters f) and (g)), which read as follows:



"(f) to be transmitted without delay to the data) issued certificates of origin and the

issued new certificates of origin responsible for the person



(g)) empowers the responsible person for inspection according to § 31 para. 3 of this

the law. On the issue of the mandate does not apply the administrative code ^ 6a). ".



24. in section 29 para. 2, letter d) the following point (e)), and (f)),

are added:



"e) of the national list of leads of basic material,



(f) the supervisory credentials) is issued by the person responsible for the issue of the credentials

not covered by the administrative code ^ 6a) ".



Subparagraph (e)), f), (g) and (h))) are known as the letters g), (h)), i) and

(j)).



25. in section 30 paragraph 2. 1, after the words "technical operations", the words "and

by checking the "and the words" legal person "shall be inserted the words" or

State organizational unit ".



26. in section 30 paragraph 2. 2 at the end of subparagraph (f)) is replaced by a comma and dot

the following points (g)), h) and (i)), which read as follows:



"(g)) leads the central register of issued certificate of origin and released

the new certificate of origin,



h) inform the official body of the Member State of the European Union concerning the export

of reproductive material



I) based on the credentials of the Ministry shall be supervised by the public authorities, as

Administration, natural and legal persons shall comply with the provisions of this Act,

the rules adopted for its implementation, and a decision made on their

the basis and in the event of shortcomings, the public authority shall transmit this

management in the field of reproductive material to the next

control. ".



27. in § 31 para. 1, after the words "Administration (section 26)" the words "and

the designated officer (section 30) on the basis of credentials [section 30, paragraph 2 (b) (i))] ", and

the word "entitled" shall be replaced by the word "shall".




28. in § 31 para. 2, the words "who are invited by a public authority

for the performance of the checks ' shall be deleted.



29. In article 31, paragraph 2, the following paragraphs 3 and 4 are added:



"(3) the local authority of the municipality with extended powers, or a person authorized to

under the authority of the municipal office are required to be present in the collection

seed, taking parts of plants or picking plants

material from the natural regeneration of the recognised basic

material category selected, qualified or tested.



(4) the local authority of the ORP does not have an obligation under the

paragraph 3, if the assignee shall authorise [section 27 (b), (g))]. ".



Paragraphs 3 to 8 shall be renumbered as paragraphs 5 to 10.



30. In § 31 para. 5, the words "who are invited to the performance of the checks

by a public authority, "shall be deleted.



31. in § 31 para. 6 the introductory sentence as follows: "in the exercise of control

permissions are the workers of the public authorities and the employees responsible for

person shall be ".



32. In § 31 para. 9, after the words "public administration", the words "and

employees of authorized person ".



33. In § 33 para. 1, after the words ' Annex ' shall be replaced by "1".



34. In section 34 para. 1, letter a) is added:



"and does not notify the collecting of seed), sampling plant parts, pickups

planting stock and merging partitions of reproductive material, as

He was obliged, pursuant to this Act ".



35. In article 40, paragraphs 2 and 3 shall be deleted.



Paragraph 4 becomes paragraph 3.



36. In article 40, paragraph 1, the following paragraph 2 is added:



"(2) forest reproductive material accumulated before the effective date of this Act to

31 December 2002 can be put into circulation until 31 December 2006. December 2015. Reproductive

material collected before the effective date of this Act for the period from 1. January

2003 to 31. December 2003 can be put into circulation until 30 June. April 2007. When

putting into circulation shall issue the supplier for seed, certificate

fruit, seeds and vegetative parts and for planting stock certificate

plants of forest tree species. Cover sheet according to § 8 of this

the Act is for seed and planting stock does not expose. ".



37. In paragraph 40, the following paragraph 4 is added:



"(4) the model of the sheet on the origin of the fruit, seeds and vegetative parts and sheet

the origin of the plant material of forest tree species referred to in paragraph 2 are listed

in annexes 3 and 4 of this Act. ".



38. the annex to the law is referred to as "the annex No. 1 to Act No. 149/2003

Coll. ".



39. in attachment no 1 of Annex No. 2, 3 and 4 are added:



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



MODEL OF THE INFORMATION DOCUMENT "



Annex No. 3 to Act No. 149/2003 Coll.



The sheet about the origin of the fruit, seeds and vegetative parts of plants



Annex No 4 to the Act No. 149/2003 Coll.



Certificate of planting forest tree species



PART TWO



Amendment of the Act on nature and landscape protection



Article II



Act No. 114/1992 Coll., on nature and landscape protection, as amended by Act No.

347/1992 Coll., Act No. 289/1995 Coll., Constitutional Court

published under no. 3/1997 Coll., Act No. 16/1997 Coll., Act No.

123/1998 Coll., Act No. 161/1999 Coll., Act No. 244/1999 Coll., Act No.

132/2000 Coll., Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act No.

100/2004 Coll., Act No. 168/2004 Coll. and Act No. 222/2004 Coll., is amended

as follows:



In the annex to the Act in the "protected area" below the line

The Czech Karst, the following new line shall be added: "the Czech Republic, Government Regulation No.

70/2005 Coll., Přimda ".



PART THREE



The EFFECTIVENESS of the



Article. (III)



This law shall enter into force on the thirtieth day after the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.