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repealed.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.