Fertilisers (Amendment) Act And Other Related Laws

Original Language Title: změna zákona o hnojivech a dalších souvisejících zákonů

Read the untranslated law here: https://www.global-regulation.com/law/czech-republic/515901/zmna-zkona-o-hnojivech-a-dalch-souvisejcch-zkon.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Get a Day Pass for only USD$49.99.
9/2009 Sb.



LAW



of 12 October. December 2008,



amending Act No. 157/1998 Coll., on fertilisers, supporting soil

substances, preparations and auxiliary plant substrates and

agrochemical testing of agricultural soil (fertilizers Act), as amended by

amended, and other related laws



Parliament has passed the following Act of the United States:



PART THE FIRST



Fertilisers (Amendment) Act



Article. (I)



Act No. 157/1998 Coll., on fertilisers, soil conditioners,

auxiliary plant products and substrates and agrochemical

testing of agricultural soil (fertilizers Act), as amended by Act No.

308/2000 Coll., Act No. 147/2002 Coll., Act No. 317/2004 Coll., Act No.

444/2005 Coll. and Act No. 553/2005 is amended as follows:



1. in footnote 1, the words "Regulation (EC) No 2003/2003

The European Parliament and of the Council of 13. October 2003 on fertilisers. "shall be replaced by

the words "European Parliament and Council Regulation (EC) No 2003/2003 of the

October 13, 2003 on fertilisers, as amended. ' and the words ' sewage

Lees "shall be replaced by" sewage sludge ".



2. In article 1 (1). 1 the first sentence, the words "manure," shall be deleted,

the word "sludge" ^ 1a) "with the words" and on the conditions for putting into circulation,

storage and use of the sediments, "and the second sentence shall be deleted.



3. In article 1 (1). 3 the first sentence, the words "on livestock manure and ' shall be deleted,

After the word "sludge" with the words "and on sediments" and the second is

repealed.



4. In section 1, the following paragraphs 4 to 6, including the footnotes

No. 2 and 2a shall be added:



"(4) for fertilisers, soil conditioners, herbal medicines and

substrates that are intended for use as raw materials for further

processing, shall apply the provisions of section 7, 8, 12, 13 and 14 and 14b.



(5) to EC fertilisers, the provisions directly applicable legislation

Of the European communities on fertilisers ^ 2) and the provisions of this Act

storage (section 8), use (§ 9), vocational (§ 12), special

measures (section 13) and the provincial offences Act and other administrative offences (sections 14 to

14B).



(6) the Central Institute for supervising and testing in agriculture (hereinafter referred to as "the Institute")

performs activities according to the directly applicable European legislation

the community, implementing a directly applicable regulation of European

community health rules concerning products

of animal origin not intended for human consumption ^ 2a).



2) European Parliament and Council Regulation (EC) No 2003/2003 of 13 October 2003.

October 2003 on fertilisers, as amended.



2A) Commission Regulation (EC) No 181/2006 of 1 February. February 2006 establishing

implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and

soil improvers other than manure and amending that regulation. '.



5. In paragraph 2 (a). a), the words "nutrient" is replaced by

"eligible to provide the effective amount of nutrients".



6. In paragraph 2, point (a)) the following new subparagraph (b)) to (g)), which read as follows:



"(b) mineral fertilizer, fertilizer) in which the declared nutrients

contained in the form of minerals obtained by extraction or other

physical or chemical process; for mineral fertilizers shall be deemed

also, calcium cyanamide, urea and its condensation and Association products and

fertilizer containing micro-nutrients in the form of chelates or complexes,



c) organic fertilizer fertilizer, in which they are declared nutrients contained

in organic form,



(d)) organominerálním fertilizer fertilizer, in which nutrients are declared

contained in the mineral and organic form,



(e) liquid fertilizer) fertilizer in suspension or in solution,



f) liquid fertilizer statkové fertilizer with a dry matter content of not more than 13%,



g) remains at the bottom of the sediment ponds, water reservoirs and water courses

arising mainly settling eroded soil particles, ".



Subparagraph (b)) to (j)) shall become letters (h)) to (p)).



7. in paragraph 2 of the letter h) is added:



"h) statkovým fertilizer fertilizer, emerging as a by-product

livestock farming or cultivation of cultural

plants, unless further modified; for editing are not natural

the processes of transformation and storage, mechanical separation of slurry and adding

substances that reduce the loss of nutrients or improving the efficiency of nutrients ".



8. In paragraph 2 (a). l) the words "manure," shall be deleted.



9. in section 3, paragraph 3. 1 (b). a), the words "under this Act"

the words "or they have been granted consent pursuant to section 3a" and the words "fertilizer

fulfilling the conditions of this law, that corresponds to the type of fertilizer, referred to

in the Decree, which the Decree provides that the EC, and that the fertilizer is

the words "EC fertiliser" labelled "are replaced by the words" statkové and fertilizer

EC fertilisers ".



10. In section 3, paragraph 3. 2, the words "or statkové" be deleted.



11. in section 3, paragraph 3. 5, the words ", livestock manure and excipients"

replaced by the words "and processing AIDS".



12. in paragraph 3, the following new paragraph 3a, including the title and notes

line 3a and 4 read as follows:



' section 3a



The announcement of fertilizers and excipients



(1) the manufacturer ^ 3a), the importer ^ 3a) or a supplier who intends to put into circulation

the fertilizer or the excipients that match the type specified in the

the Decree, shall before his first putting into circulation in the United

send the notification to the Republic Institute for the placing on fertilisers or excipients

into circulation.



(2) the Notification referred to in paragraph 1 shall contain in addition to the requirements referred to in

administrative code



and ohlašovatelem) if the importer or the supplier, the name, surname and residence

the manufacturer, or the identification number, if any, in the case of

a natural person, or the name or business name, registered office, or legal

form of business and identification number of the manufacturer, if assigned,

in the case of a legal person,



(b)) the name of fertilizers or excipients, its type and type according to the Decree,



(c)) confirm that this is not an explosive, according to a special legal

prescription ^ 4), in the case of fertilizer or an excipient containing nitrate

ammonium.



(3) the Fertilizer or the excipients that are the subject of a declaration under

paragraph 1, the declarant shall be put into circulation on the basis of the written

consent of the Institute. If such consent is delivered to the reporter within 30

days from the date when the announcement occurred at the Institute, and in this period of time will not be

served with a prohibition of placing on the market referred to in paragraph 4, the Department of

consent granted. The Institute's consent is valid for a period of five years. This time

shall run from the day following the date on which the declarant was such a

consent has been served, or on the day following the day on which 30 days have elapsed from the date

the date when the announcement occurred at the Institute.



(4) if the Declaration of placing of fertiliser or excipients into circulation by

paragraph 1



and did not match the type of fertilizer or) adjuvants referred to in the notice,

or



(b) did not fulfil the conditions laid down) this Act or may have been in the

conflict,



Institute of decision, which is the first act in the proceedings, the introduction of fertilizers

or excipients into circulation disables. Such a decision shall be the Institute

issued within 20 days from the date on which the notification of placing of fertiliser or auxiliary

substances in circulation there.



(5) the Institute shall, in electronic form, a database of reported persons, which

contains the information referred to in paragraph 2 and an indication of the validity of the Declaration.

The database is publicly accessible manner allowing remote access.



3A) § 2 (2). 1 (b). (c)), and (d)) of the Act No. 634/1992 Coll., on the protection of

consumer, as amended.



4) § 21 of Act No. 61/1988 Coll. on mining activities, explosives and

the State Mining Administration, as amended. ".



13. paragraph 4, including title and footnotes Nos. 5 to 8:



"§ 4



Registration of fertilizers



(1) on the registration of fertilizer shall be decided by the Institute on the basis of the request

the manufacturer ^ 3a), the importer ^ 3a) or the vendor who is authorized to do business

under special legislation ^ 5) and has a permanent residence, if the person

physical, or registered office, in the case of a legal person, in the territory of the United

Republic of China (hereinafter referred to as "the applicant"). Permission to conduct business according to the specific

legislation and permanent residence or headquarters on the territory of the Czech Republic

does not require a person who has a residence or registered office or place of business in

another Member State of the European Union, a State party to the EEA Agreement

economic area or the Swiss Confederation if it is entitled to

business in accordance with the rules of that State.



(2) an application for registration of the fertilizer contains in addition to the requirements referred to in

administrative code



a) when the applicant is an importer or vendor, name, surname and residence

the manufacturer, or the identification number, if any, in the case of

a natural person, or the name or business name, registered office, or legal

form of business and identification number of the manufacturer, if assigned,

in the case of a legal person,



(b) fertilisers and his name) species,



(c) the contents of each part of the fertilizer), including the contents of the risk elements

and hazardous substances; the nutrients their form and solubility,



(d)) and grinding grain, fertilizers,



(e) the weight of the fertilizer, where applicable) volume,



(f)), the scope and the use of fertilizers and the conditions of its storage,



(g) a description of the production process including) the enumeration of the raw materials used in the manufacture

fertilizers,



h) confirmation, that this is not about the explosive under a special legal


prescription ^ 4), in the case of fertilizer containing ammonium nitrate.



(3) if the applicant submits a request for the registration of fertilizer shall provide at the same time

the Institute needed samples of fertilizers or allow their subscription, or

provide any other supporting documents and information necessary to demonstrate compliance with

the requirements under this Act. At the same time, the applicant shall pay the fee referred to in

special legal regulation ^ 6).



(4) the Institute performs professional assessment for fertilizers meeting the requirements referred to in

This Act (hereinafter referred to as "assessment") or the examination of its properties

biological tests or tests (hereinafter referred to as "the examination"); about this

the fact the Institute shall inform the applicant. Assessment Institute performs in the case

the characteristics and effects of fertilizer are already sufficiently known or can be

use the comparison with already registered fertilizer. The Institute performs the examination

in the case that the properties and effects of fertilizer are unknown, in particular

If this is a brand new fertilizer, which can't be used compared to the already

registered fertilizer.



(5) the Department may accept the assessment or the result of the examination, which

implemented other professional workplaces, including vocational workplace, which has

registered office outside the territory of the Czech Republic, and from his own assessment or

examination of the refrain, if the assessment or examination is carried out

the procedure corresponding to those laid down in other legal

^ Regulation 7).



(6) the Institute shall decide on the request at the latest,



a) within 6 months, if the assessment is carried out,



(b)) within 18 months, if the necessary examination in the greenhouse, in the Hall or

in the laboratory,



(c) to 36 months), if it is necessary in the field of examination,



from the date of receipt of the request.



(7) the costs for support work associated with the registration shall be borne by

the applicant in the amount prescribed by special legislation on compensation

the cost for the training and testing operations ^ 8).



(8) the provisions of paragraphs 1 to 7 shall apply, mutatis mutandis, for excipients.



(9) the Ministry shall lay down by Decree the types of fertilizers and auxiliary substances,

binding procedures for the collection of samples of fertilizers, excipients and for

the implementation of the chemical analysis, biological tests and trials.



5) for example, Act No. 455/1991 Coll., on trades

(Trade Act), as amended, Decree-Law No.

140/2000 Coll., laying down the list of scopes trades free.



6), Act No 634/2004 Coll., on administrative fees, as amended

regulations.



7) for example, Decree No 277/1998 Coll., on the subscriptions and chemical

an analysis of samples of fertilizers, as amended by Decree No. 475/2000 Sb.



8) Decree No. 221/2002 Coll., laying down a scale of reimbursement

for training and test activities pursued within the scope of the Central

control and testing Institute of agricultural, as amended by Decree No.

129/2005 Coll. ".



14. section 5, including the title and footnote No. 8a is inserted:



"§ 5



The marketing authorisation



(1) the decision on registration of the fertiliser contains



and fertilizers, name)



(b) the number of the decision)



(c)) the values of the chemical and physical properties of fertilizers,



(d)), the scope and the use of fertilizers,



e) restrictions on entry into circulation, and when you use, the type of packaging and

warning indication if they are necessary to ensure the protection of human, animal and

of the environment,



(f) the period of validity of the decision).



(2) the decision on registration of fertilizers is valid 5 years from the date of acquisition of legal

can, if it is not established in the decision time is less.



(3) the person to whom the decision on the registration of fertilizers, may submit a

application for renewal of the decision; the application delivers the Institute

not later than 6 months before the date when the decision has come to an end.

The validity of the decision on the registration of fertilizers can be extended by a maximum of 5

years of age. For the procedure for renewal of an authorization shall be valid §

4 and the provisions of paragraphs 1 and 2 accordingly.



(4) in the case of name changes of fertilizer, the identification details ^ 8a) manufacturer

or the person to whom the decision was about the registration of fertilizers released, this person

shall submit an application for amendment of marketing authorisation. For the management of change

authorization shall be valid § 4 and the provisions of paragraphs 1 through 3 apply mutatis mutandis.



(5) the Institute shall cancel the decision on registration of fertilizers



and at the request of the manufacturer) ^ 3a), the importer ^ 3a) or vendor



(b) if the applicant has violated any) of the obligations laid down in section 3, paragraph 3.

1 to 3; This may also provide that the fertilizer must be withdrawn from circulation.



(6) an appeal against a decision to cancel the registration of fertilizer according to the

paragraph 5 does not have suspensory effect.



(7) if the expired period of validity of the marketing authorisation or

to cancel the registration of the request referred to in paragraph 5 (b). and) can be

has not yet produced or imported fertilizer supplier placed into circulation only

during the period of its application, but no longer than for one year. This

time may Institute at the request of the manufacturer ^ 3a), the importer ^ 3a) or vendor

extended.



(8) the provisions of paragraphs 1 to 7 shall apply, mutatis mutandis, for excipients.



8A) § 68 para. 2 Act No. 500/2004 Coll., the administrative code, as amended by law

No 413/2005 Coll. ".



15. in section 7 (2). 1 (b). (b)), the words "registration"

the words "if any".



16. in section 7 (2). 1 (b). (d)), the word "application" replaced by the word

"use".



17. in article 7 paragraph 6, including footnote No. 9a is added:



"(6) the provisions of paragraphs 1 to 5 shall apply mutatis mutandis for excipients. On

livestock manure, the provisions of paragraph 1 shall not apply. If livestock

fertilizers are not delivered directly to the consumer or the ^ 10) on the label

It takes, you must indicate the type of manure, or animal species,

from which the fertilizer comes from, and how to use the range and the weight or

volume.



9A) § 2 (2). 1 (b). a) of Act No. 634/1992 Coll., on the protection of

consumer, as amended. ".



18. in article 7, paragraph 8 shall be deleted.



The former paragraph 9, renumbered 8.



19. In article 8, paragraphs 1 and 2, including footnote No 11:



"(1) the agricultural entrepreneur ^ 11), a manufacturer of ^ 3a), the importer ^ 3a) or

a supplier who stored fertilizer, excipients, if applicable, shall be obliged to

fertilizers or excipients



and store separately)



(b)) mark legible way,



(c)) to ensure that they are not mixed with other substances,



(d)), in particular lead to record book records of receipt, issue, and

conserved quantities of fertilizers or excipients.



(2) the persons referred to in paragraph 1 shall be required to take measures to prevent

leakage of liquid fertilizer and secure their release discovery way

laid down by special legislation. The provisions of paragraph 1 shall

does not apply to livestock manure.



11) § 2 e of paragraph 1. 1 of law No 249/1997 Coll., on agriculture, as amended by

amended. ".



20. In § 8 para. 3 the words "entrepreneurs in agriculture" shall be replaced by

"Agricultural entrepreneurs ^ 11)".



21. in § 8 para. 4 the words ' livestock manure ' shall be replaced by

"Fertilisers" and the second sentence and the word "manure" shall be deleted.



22. in section 8, paragraph 5 is added:



"(5) the Ministry shall issue a decree the method of storage and

excipients, the capacity of the storage areas. ".



23. section 9, including title and footnotes # 12b and 12 c:



"section 9



The use of fertilizers, auxiliary substances, modified sludge and sediments



(1) agricultural entrepreneurs ^ 11) are required to use fertilizers, auxiliary

substances sludges and sediments in the manner prescribed by this Act,

the Act on waste and the Act on protection of agricultural land resources ^ 12b).

Fertilizers, other ingredients and modified sludge may not be their

the use of the land taken for the risky elements, or the risk of the substance in the

the quantity for fertilizers and excipient provides the Ministry of

the implementing regulation and for modified sludge down special

^ law 12 c). The sediments may not be used if the content of the

risk elements and hazardous substances in the sediment and soil, to which the

to be used, and other properties of the sediment exceeds the limits

laid down by the implementing regulation.



(2) Fertilizers and auxiliary substances may not be used on agricultural land and

forestlands, if



and their properties do not allow uniform) ground cover,



(b)) the use does not lead to uniform ground cover; It

does not apply in the case of differentiated fertilization based on data on

properties of the soil or the State of the crop, and in the case of fertilisation in

vulnerable areas ^ 12)



(c)), their use can lead to damage to the physical, chemical or

biological characteristics of agricultural land, forest land, or land

adjacent to this plot of land, or even its wider surroundings



(d)) the ground to which are to be used, it is



1. flooded,



2. was overwhelmed by water,



3. covered with a layer of snow greater than 5 cm, or



4. freezing to death so that the surface of the soil to a depth of 5 cm during the day nerozmrzá;



This provision shall not apply to the fertilizing side or main

the products generated in plant cultivation and retention of feces and urine

livestock on agricultural land.



(3) the provisions of paragraph 2 shall apply for the use of the adapted sludge and

sediment on agricultural land. Agricultural entrepreneur ^ 11) must not

use modified sludge, if he has not passed the program using sludge ^ 1a).

This program must be kept for the needs of professional supervision for 7

years from the application of the adapted sludge.




(4) organic fertilisers resulting from anaerobic fermentation in the production of biogas

may be used on agricultural land and forest land only if

they are registered under this Act; This does not apply if they are made

exclusively from livestock manure or bulky feed.



(5) agricultural entrepreneurs ^ 11) farmers on agricultural land in the

vulnerable areas ^ 12) are required to use fertilizers and auxiliary

substance in accordance with special legislation ^ 12a).



(6) the agricultural entrepreneurs ^ 11) are obliged to keep records of

fertilisers and auxiliary substances used on agricultural land and forest

the grounds; This obligation does not apply to records of by-products

in the cultivation of plants, with the exception of straw. Farm

entrepreneurs ^ 11) are required to keep a register of the modified

sludge and sediments applied to agricultural land. Farm

entrepreneurs who use modified sludge on agricultural land,

required to send to the Institute no later than 14 days prior to their use reports

According to the implementing legislation.



(7) the Evidence referred to in paragraph 6, the leads on the quantity, type and time of use

fertilizers, auxiliary substances, modified sludge and sediments by

land, crops, and years, and it is kept for at least 7 years. At the request of the Institute

are agricultural entrepreneurs ^ 11) must register to submit and allow

verification of the information contained in it.



(8) the record of the use of fertilizers, processing AIDS, sludge or

the sediment in the register must be made within 1 month from the end of his

the use of the.



(9) the Ministry shall issue a decree



and the use of fertilisers and) way of excipients on agricultural land and

forest plots



(b)) the way of keeping records on fertilizer use, excipients and

modified sludge,



(c) report on the use of) the way the adapted sludge.



(10) the Ministry and the Ministry of the environment shall issue a decree

the conditions and the way of using sediment on agricultural land, a way of keeping

evidence of use of the sediments, the limit values of the risk elements and

hazardous substances in the sediment and soil, which is to be used,

requirements for other physico-chemical and biological properties of sediment

and procedures of analysis of sediments and soils, including sampling methods.



12B) § 33 para. 1 and 3 of Act No. 185/2001 Coll.



Act No. 337/1992 Coll., on the protection of agricultural land resources, as amended by

amended.



for example, the 12 c) Decree No 382/2001 Coll., on conditions of use

the adapted sludge on agricultural land, as amended by Decree No 504/2004 Coll. ".



24. in section 10, paragraph 1, including footnote No. 12d:



' (1) in order to ensure the safety inputs and production conditions

Food and feed according to the directly applicable European legislation

the community of the official inspections, the Institute performs The ^ 12d)



and agrochemical testing of agricultural land), which means the regular

the survey of selected parameters of soil fertility as a result of the use of

fertilizers, auxiliary substances, modified sludge and sediments,



(b)), monitoring of agricultural land, which means the regular surveys

selected chemical, physical or microbiological parameters

land, in particular the content of the risk elements and hazardous substances on the constant,

defined and representative areas stable measurement file

procedures.



12d) European Parliament and Council Regulation (EC) No 882/2004 of 29 April 2004.

April 2004 on official controls performed to ensure the verification of compliance with the legal

provisions relating to feed and food law and animal health rules and

welfare of animals. ".



25. In section 10, paragraph 1, the following paragraph 2 is added:



"(2) in the framework of the activities referred to in paragraph 1, the Department shall ensure



and agrochemického) to perform testing of agricultural land in the six-year

intervals,



(b)) sampling of soil, chemical, or physical or

microbiological analyses and evaluation of the results of these analyses,



(c)) the content analyses of risk elements, and hazardous substances,

microbiological or physical analysis and evaluation of these analyses

in cases where monitoring of agricultural land, or from agrochemického

testing of agricultural soils results in imminent danger of damage to the soil

fertility or the risk of entry of the risk elements and hazardous substances into the

the food chain. ".



Paragraphs 2 to 8 shall become paragraphs 3 to 9.



26. in section 10, paragraph 7 shall be deleted.



Paragraphs 8 and 9 shall be renumbered as paragraphs 7 and 8.



27. in section 10, paragraph 1. 3, after the word "chemical", the words ", where appropriate,

physical or microbiological ".



28. in section 10, paragraph 1. 4, the words "paragraph 2" shall be replaced by the words "paragraph 3".



29. in section 10, paragraph 1. 5 the first sentence, including footnote # 13

be deleted and in the second sentence, the word "credential" is replaced by

"permissions".



30. In section 10, paragraph 1. 6, the words "the entrepreneur in agriculture" shall be replaced by

"the agricultural entrepreneur ^ 11)" and at the end of the text of paragraph 6 shall be added

the words "and monitoring of agricultural land".



31. in section 10, paragraph 1. 7, after the words "agrochemického testing of agricultural

soils ", the words" and monitoring of agricultural land ", the words

"entrepreneurs in agriculture" shall be replaced by the words "agricultural

entrepreneurs ^ 11) "and the words" entrepreneurs in agriculture "shall be replaced by

"the agricultural entrepreneurs ^ 11)".



32. In section 10, at the end of paragraph 8, the words "and further provides

by a decree of the risk elements, risk substances and microbiological and physical

the parameters monitored by the Institute in the context of monitoring and agrochemical

testing of agricultural soils, the scope and method of monitoring ".



33. In article 11, the following shall be added at the end of the title "and the properties of the layers

bodies of forest tree species ".



34. In article 11, paragraph 1, including footnote No 14:



"(1) the Institute conducts surveys of soil properties of forest land ^ 14) and

the properties of the layers of the authorities of forest tree species (hereinafter referred to as "discovery

Properties ") to be carried out in order to prepare proposals on health measures and

adjustment of the water regime in the Woods. Discovery of properties includes the subscription

samples, chemical analysis and evaluation of the results of these

the analyses.



14) § 3 (1). 1 (b). and) of the Act No. 289/1995 Coll., on forests and on the amendment and

certain laws (forest law). ".



35. In section 11 (1) 2 and 3, the words "discovery-related tasks

soil properties of forest land "shall be replaced by" sampling

surveys of properties ".



36. In article 11, paragraph 4 reads:



"(4) the evaluation of the results of chemical analyses of the Institute passes

the Ministry; data on the content of the risk elements and hazardous substances

passes also the Ministry of the environment. At the request of the owner of the

forest land, their tenant or subtenant, the Institute shall forward the results of the

chemical analyses relating to soil properties of forest land and

growing bodies of forest tree species in its ownership, lease or

lodgings; transmission of the results shall be subject to an administrative fee for issuing the

a copy of a copy, copy, photocopy or extract under a special

^ Law 6). ".



37. In section 11 (1) 5, the words "soil" and "forest land" shall be deleted.



38. In § 12 para. 1 the words "and manure" be deleted and the words

"modified sludge", the words "and sediments".



39. In section 12 paragraph 2 reads as follows:



"(2) the Institute shall see whether



and 3a) ^ ^) manufacturers, importers ^ 3a) and suppliers of fertilizer are stored or

the circulation,



(b)) ^ 11) agricultural entrepreneurs who fertilizers are produced, stored or

use,



c) agricultural entrepreneurs ^ 11) who use modified sludge or

sediments,



comply with the conditions laid down in this law and its implementing legislation

regulations and also in the case of sediments, whether they are acting with the consent of the authority

protection of agricultural land resources in accordance with § 3 (1). 6 of the Act on the protection of

agricultural land resources. ".



40. in § 12 para. 3 the words "and livestock manure" be deleted and the words

"modified sludges", the words "or sediments".



41. In § 12 para. 5, the words "entrepreneurs in agriculture" shall be replaced by

"agricultural entrepreneurs ^ 11)" and the words "for the storage and use of fertilizers

and manure "shall be deleted.



42. In § 12 para. 6, the words "by the law of the European communities

with immediate effects "are replaced by the words" directly applicable provisions

Of the European communities in the field of fertilisers ^ 16b) ".



Footnote No. 16b:



"16b) European Parliament and Council Regulation (EC) No 2003/2003 of the

October 13, 2003 on fertilisers, as amended.



European Parliament and Council Regulation (EC) No 1774/2002 of 3 October 2002. October

2002 laying down health rules for animal by-products

origin not intended for human consumption.



Commission Regulation (EC) No 181/2006 of 1 February. February 2006 establishing

implementing Regulation (EC) No 1774/2002 as regards organic fertilisers and

soil improvers other than manure and amending that regulation. '.



43. In article 13, paragraph 1, including footnote # 16 c:



"(1) the Institute can save producers ^ 3a), importers ^ 3a), suppliers or


agricultural entrepreneurs ^ 11) who produced, marketed,

are stored or used fertilizer, or agricultural entrepreneurs ^ 11),

who use modified sludge or sediment, the specific measures,



and prohibit the use of fertilisers) of conditioned sludge or sediment, if

does not meet the conditions laid down in this law, special legal

^ 16 c) or regulations directly applicable provisions of the European communities

in the field of fertilisers ^ 16b),



(b) to prohibit the marketing of fertilisers) circulation and to order its withdrawal from circulation,

including the setting of time limits,



(c) order the removal of defects) found during the storage of fertilizers, including

time-limits and the conditions for their removal.



16 c) Government Regulation No. 103/2003 Coll., on the determination of vulnerable areas and

about the use and storage of fertilizers and manure, crop rotation and

implementing anti-erosion measures in these areas.



§ 33 para. 1 and 3 of Act No. 185/2001 Coll., on waste and amending certain

other laws.



Decree No 382/2001 Coll., on the conditions of application of the adapted sludge on

agricultural land. ".



44. In article 13, paragraph 3, the following paragraph 4 is added:



"(4) an appeal against a decision of the special measures referred to in paragraph 1

does not have suspensory effect. ".



The current paragraph 4 shall become paragraph 5.



45. section 14 to 14, including headings and footnotes, No 17:



"section 14



Misdemeanors



(1) the owner of agricultural land is guilty of an offence, contrary to section

10, paragraph 1. 6 subscription will not tolerate soil samples for testing agrochemical

agricultural soils.



(2) the owner of forest land, their tenant or subtenant commits

the offense by that, contrary to section 11 para. 3 would not tolerate the taking of samples for the

surveys of properties.



(3) the offence referred to in paragraphs 1 and 2, you can impose a fine of up to $ 50,000.



§ 14a



Administrative offences of legal entities and natural persons-entrepreneurs



(1) the agricultural entrepreneur ^ 11) is guilty of an administrative offense, by



and fertilizer) used by the auxiliary substances, modified, or sediments in the sludges

contrary to § 9 para. 1 to 5,



(b)) in violation of § 9 para. 6 and 7 did not result and for 7 years does not retain

records of the quantity, type and time of fertilizer use, auxiliary substances,

modified sludge and sediments by land, crops, and years

does not report the use of modified or sludge,



(c)) as the owner of agricultural land in contravention of section 10, paragraph 1. 6 will not tolerate

subscriptions to the soil samples for agrochemical testing of agricultural land,



(d)) as the owner of forest land, their tenant or subtenant in

contrary to section 11 (1) 3 would not tolerate the taking of samples for the purpose of detection

properties, or



e) as the owner of forest land does not fulfil the special measures imposed to

the deficiencies in accordance with § 13.



(2) Agricultural entrepreneur ^ 11), a manufacturer of ^ 3a), the importer ^ 3a) or vendor

committing an administrative offense, by



and) contrary to section 3 (2). 1 (b). and section 3, paragraph 3). 3 puts into circulation

the fertilizer or the excipients that were not registered or not

consent pursuant to section 3a,



b) contrary to section 3 (2). 2 (a). (c)) and § 3 (1). 3 puts into circulation

fertilizer or excipients, in which the contents of the risk elements or

hazardous substances is higher than provided for in the Decree,



c) indicates or packaged fertilizers, or auxiliary substances contrary to section 7,



(d)) to store the fertilizer or auxiliary substances contrary to section 8 (2). 1 to 4,



(e) fails to comply with the special measures imposed) to correct the identified deficiencies

under section 13, or



(f) breach of an obligation laid down directly) the applicable provisions of the European

community in the field of fertilisers ^ 16b).



(3) an administrative offense shall be fined in the



and) $ 50,000, in the case of an administrative offence referred to in paragraph 1 (b). b), c)

or (d)),



(b)) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). and) or

paragraph 2 (a). (d)),



c) 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (e)), or

paragraph 2 (a). (c)), or (e)),



(d)) $ 5 0000 0000 in the case of an administrative offence referred to in paragraph 2 (a). a), (b))

or (f)).



section 14b



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 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.



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

person ^ 17) or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



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

Institute.



(6) the Fines collected and enforced by the Office of the Institute. Income is income from fines

the State budget.



17) § 2 (2). 2 of the commercial code. ".



46. section 14 c to 16, including the headings are deleted.



PART TWO



Amendment of the Act on administrative fees



Article. (II)



In subparagraph (b)) item 94 of the annex to the Act No 634/2004 Coll., on administrative

fees, as amended by Act No. 553/2005 Coll., the words "registration

fertilizers ' shall be replaced by "registration or for amendment of a decision on

the registration of fertilizers. "



PART THREE



Amendment of the Act on the protection of agricultural land resources



Article. (III)



Act No. 337/1992 Coll., on the protection of agricultural land resources, as amended by

Act No. 10/1993 Coll., Act No. 98/1999 Coll., Act No. 132/2000 Coll.

Act No. 76/2002 Coll., Act No. 320/2002 Coll., Act No. 444/2005 Coll.

Act No. 222/2006 Coll., Act No. 186/2006 Coll. and Act No. 167/2008

Coll., is amended as follows:



1. the following shall be added in section 3, paragraphs 6 and 7, including the footnotes.

4A shall be inserted:



"(6) the use of the sediments of ponds, water reservoirs and water courses is

possible on land belonging to the agricultural land resources,

only on the type of land arable land and permanent grassland as when it

the restoration, with the consent of the authority of the agricultural land protection and

compliance with the conditions and procedures laid down by the law about fertilizers ^ 4a).

Approval shall be granted if the sediments to meet demands for their

qualitative properties set by special legislation and

If they are not using sediments on land damaged by the favorable physical,

biological and chemical properties of the soil. It intends to use the sediments to the

land a person different from the owner or tenant of the land, you must have

the written consent of the owner or lessee of the land.



(7) an application for consent to use of the sediments of ponds, water reservoirs and

watercourses contains in addition to the requirements under the administrative code



and) identification of the parcels on which the sediments are to be used,

According to the land registry, and an indication of the total amount of sediment,

that has to be used,



(b)) the consent of the owner or charterer of the land on which they are to be

sediments used,



c) quality data of sediment within the scope of a particular legal

by-law,



(d) an indication of the origin of sediments),



e) information about how a sampling of soils and sediments, and technological

sediment processing before use,



f) data on the quality of the soil on which they are to be used in the sediments

the scope of special legislation,

g) confirmation laboratories of collection and evaluation of



sediment and soil, to which they are to be used, with an indication of the sediments

accreditation for the reviews.



4A) Act No. 157/1998 Coll., on fertilisers, soil conditioners,

auxiliary plant products and substrates and agrochemical

testing of agricultural soil (fertilizers Act), as amended

regulations. ".



2. in article 15, the end of the letter i) dot replaced with a comma and the following

the letter j) is added:



"j) grant consent pursuant to § 3 (2). 6 the use of sediment from the ponds,

water reservoirs and waterways and shall keep a register of their use on

land on your administrative district. ".



PART FOUR



Amendment of the Act on waste



Article. (IV)



Act No. 185/2001 Coll., on waste and on amendments to certain other laws,

as amended by Act No. 477/2001 Coll., the Act No. 76/2002 Coll., Act No.

275/2002 Coll., Act No. 320/2002 Coll., Act No. 356/2003 Coll., Act No.

167/2004 Coll., Act No. 317/2004 Coll., Act No. 7/2005 Coll., Act No.

188/2005 Coll., Act No 444/2005 Coll., Act No. 186/2006 Coll., Act No.

222/2006 Coll., Act No. 314/2006 Coll., Act No. 296/2007 Coll., Act No.

25/2008 Coll., Act No. 34/2008 Coll. and Act No. 383/2008 Coll., is amended

as follows:



1. In article 2 (2). 1 letter i) including footnote No. 9a is added:



"i) depleted soils and hlušin, including sediments from water reservoirs and

troughs of water courses, complying with pollution limits for their use

to fill the underground spaces and to modify the surface of the terrain (terrain

Edit), laid down in annex 9 of this Act, and sediments from the

ponds, reservoirs and water courses used on the farm

the soil pool under special legislation ^ 9a).



9A) Act No. 337/1992 Coll., on the protection of agricultural land resources in

as amended.




Act No. 157/1998 Coll., on fertilisers, soil conditioners,

auxiliary plant products and substrates and agrochemical

testing of agricultural soil (fertilizers Act), as amended

regulations. ".



2. in article 2, paragraph 3 is deleted.



3. In section 76 para. 1 the letter g) is added:



"(g)) checks that the person using excavated soil, the tailings or

sediments from water bodies or watercourses watercourses as a material to

the delivery of the underground space and modify the surface evidence,

certify that the excavated soils, tailings, or sediments from water

ponds or troughs of water streams meet pollution limits for their

the use of underground space for loading, and to edit the terrain surface

(terrain); can remove their samples and check the actual

the concentration of pollutants, whose limits are set out in annex No 9

of this Act, ".



4. After annex No. 8, the following new annex No 9, including title

added:



' Annex No 9 to the Act No. 185/2001 Coll.



LIMIT VALUES OF CONCENTRATION OF HARMFUL SUBSTANCES IN DEPLETED SOILS AND

HLUŠINÁCH, INCLUDING THE DREDGING OF SEDIMENTS FROM WATER RESERVOIRS AND WATER TROUGHS

FLOWS

--------------------------------------- -----------------------------------------------

a pointer to a pointer to a unit limit limit unit

--------------------------------------- -----------------------------------------------

Zn mg/kg dry weight 600 Ba mg/kg sušiny600

Her mg/kg of dry matter 80 Be mg/kg dry weight 5

PB mg/kg dry weight of AOX ^ 1) 100 mg/kg of dry matter of 30

As mg/kg of dry matter 30 hydrocarbons C10-C40 mg/kg sušiny300

CU mg/kg dry weight 100 mikrog/kg sušiny50 trichloroethylene

Hg mg/kg dry weight 0.8 tetrachloroethylene mikrog/kg sušiny50

CD mg/kg dry weight 2.5 BTEX ^ 2) 400 mikrog/kg dry weight

In mg/kg dry weight 180 PAU ^ 3) mikrog/kg sušiny6 000

What mg/kg of dry matter 30 PCB ^ 4) 200 mikrog/kg dry weight

--------------------------------------- -----------------------------------------------



In cases where higher values for concentrations of certain pollutants in the

depleted soils and hlušinách, including sediments from water reservoirs and

troughs of water flows, caused by the occurrence of those substances in that region in

natural background, the limit values for the use of such materials in the

the area increase the proven value of the presence of these substances in the

the natural background.



1) AOX-adsorbovatelné organic halogens



2) BTEX-monocyklické non-halogenated aromatic hydrocarbons (sum

benzene, toluene, Ethylbenzene and Xylenes)



3) PAHS – polycyclic aromatic hydrocarbons (sum of anthracene,

benzo (a) anthracene, benzo (b) fluoranthenu, benzo (k) fluoranthenu,

benzo (a) pyrene, benzo (g, h, i) perylene and, phenanthrene, fluoranthenu,

chrysenu, ideno (1, 2, 3-cd) pyrene, naphthalene and pyrene)



4) PCB-other halogenated aromatic hydrocarbons (sum of congeners, the No.

28, 52, 101, 118, 138, 153 and 180) ".



PART FIVE



The EFFECTIVENESS of the



Article. In



This law shall enter into force on the fifteenth day following the date of its publication.



Vaidya in the r.



Klaus r.



in z. Vondra in r.

Related Laws