54/2012 Sb.
LAW
of 26 March. January 2012,
amending Act No. 218/2003 Coll., on marketing of seeds and plants
cultivated plants and amending some laws (law on the circulation of the seed and
seed), as amended
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 218/2003 Coll., on marketing of seeds and plants grown
plants and amending some laws (law on the circulation of seeds and plants), in
amended by Act No 444/2005 Coll., Act No. 182/2006 Coll., Act No.
299/2007 Coll., Act No. 96/2009 Coll., Act No. 223/2009 Coll., Act No.
228/2009 Coll., Act No. 281/2009 Coll., Act No. 300/2009 Coll. and act
No 331/2010 Coll., shall be amended as follows:
1. In article 1 (1). 1, § 2, paragraph 1. 2 (a). (e)), and l), § 5 para. 1 (b). (h)), § 5
paragraph. 6, § 6 (1). 5, § 18 para. 1 (b). (e)), section 18 para. 2 of the introductory part
the provisions of § 18 para. 4 (b). (c)) the introductory part of paragraph 1 of article 23 provisions. 2
(a). (e)), § 24 para. 2 (a). (b)), § 25 para. 1 (b). (b)), section 27 para. 2 and
3, § 28 para. 3 (b). a) to (c)), § 35 para. 3 (b). section 35a), para. 2
(a). (c)), § 35 para. 4, § 35b para. 2 (a). (c)), § 35b para. 4, section 39
paragraph. 2 of the introductory part of the provisions in section 40 and paragraph. 2 and 3, the words
"European Community" shall be replaced by the words "European Union".
2. In article 1 (1). 1, after the words "types of cultivated plants" the words
"referred to in the list".
3. At the end of footnote 1, the following sentence "Commission directive
2010/60/EU of 30. August 2010, which lays down certain derogations
for the marketing of fodder plant seed mixtures intended for the preservation of the natural environment
environment on the market. ".
4. In article 2 (2). 2 the letter "r" at the end of the text), the words ", or
area, which is a mixture of seeds designed to protect the natural environment
naturally connected. "
5. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following
the letters s) to w) are added:
"with) of seed mixtures intended for the protection of the natural environment that may be
contain the seed of feed crops and seeds of other plant species, including
species not listed in the list, and which is put into circulation in
the purpose of the protection of the natural environment in the context of the preservation of the
plant genetic resources,
t) source areas of significant European location ^ 5a) or particularly
the protected area ^ 5a)
the collection portion of the source site) the area in which the collection was made
seed for seed mixture intended for the protection of the natural environment,
in a mixture of a mixture), directly harvested seeds designed to protect the natural
environment acquired the collection in the collection,
w) mixtures of the components of a mixture of seeds grown separately designed to protect
the natural environment is obtained by mixing the seed of individual components, which
produced separately outside the site collection from seed obtained by collecting the
in the site collection; This mixture contains the genera, species and, where appropriate, subspecies,
that are typical of the Habitat at the site of the collection. ".
6. In § 3a paragraph 2. 3 and § 5 para. 1, letter a) is added:
") the applicant's registration or the registration number assigned under section 16
paragraph. 7, ".
7. In Article 3b, paragraph 4 reads:
"(4) determining the highest total amount of seed each retained
variety reported in circulation and how to specify the highest total amount of
seed of all varieties of one species retained is put into circulation in
the growing season for agricultural species, lays down implementing legislation.
The supplier that produced propagating material shall before the beginning of
each growing season to notify the Institute of assessment and placement
crop variety that is maintained. If these notifications
It follows that the maximum permitted amount of seed intended way by
the first sentence will be exceeded, the Institute shall allocate to each participating
the supplier that produced propagating material, the amount of seed that
in the growing period can be put into circulation, and in proportion to the
the amount by which the put into circulation, the contractor had originally requested, and in
maximum amount equal to the highest allowable number of
designated pursuant to this paragraph. The supplier is obliged to submit the Constitution for
each growing season, a report on the quantities of seed of a variety that is maintained for each
for circulation. ".
8. In section 4, paragraph 4 reads:
"(4) the conditions for crop certification or propagating
material are the following
and the variety meets the following prerequisites):
1. is a registered,
2. the registration was cancelled, but not to a time limit under section 37
paragraph. 4,
3. is enrolled in the common catalogue of varieties or in the case of fruit genera
and species, and also in at least one of the official lists of varieties of the Member
States, or
4. not registered or entered in the common catalogue of varieties, but it is
propagated by the supplier only for a foreign customer, its imports has been
According to § 18 para. 4 enabled the Institute, is listed in the list of varieties of appropriate
for certification in international trade under the scheme of Organization
for economic cooperation and development, and there is the official description of her,
(b)), the crop has been recognized under section 5,
(c)) the sample was removed in accordance with the technological procedure, which
the Ministry shall determine by Decree,
(d)) were made to the official testing or testing under official supervision
necessary to identify the properties of the seed referred to in § 3 (1). 2; These
tests must be conducted in accordance with current international methods,
If such methods exist. ".
9. in section 5, paragraph 3 shall be deleted.
Paragraphs 4 to 9, shall be renumbered as paragraphs 3 to 8.
10. in § 5 para. 5, the words "referred to in paragraph 5 shall be replaced by" referred to in
paragraph 4 "and the words" European Community "shall be replaced by
"The European Union".
11. In paragraph 5, at the end of paragraph 5, the following sentence "If the State
phytosanitary administration orders emergency phytosanitary measures
under special legislation ^ 5), you may cancel the Institute uznávací sheet
on the crop concerned. ".
12. in § 5 para. 7, the words "paragraph 7" is replaced by "paragraph 6".
13. in § 5 para. 8 (a). e), the words "paragraph 4" shall be replaced by
"paragraph 3".
14. in § 5 para. 8 (a). f), the words "paragraph 5" shall be replaced by
"paragraph 4".
15. in § 5 para. 8 (a). g), the words "paragraphs 7 and 8 shall be replaced by
"paragraphs 6 and 7".
16. In article 6, paragraphs 2 and 3 shall be deleted.
Paragraphs 4 through 10 shall be renumbered as paragraphs 2 to 8.
17. in paragraph 6 (1). 6, the words "paragraph 7" is replaced by "paragraph 5".
18. in section 6 paragraph 7 is added:
"(7) the Institute within the framework of proceedings for crop certification of seed potatoes
sample based on supplier labels for the sample completed
the determination of health status of seed potatoes. ".
19. in § 12 para. 2 letter e) is added:
"e) of seed designed to protect the natural environment, which may include
seed feed crops and seeds of other plant species, including species
not included in the list; for the circulation of this type of mixture
§ 12a. ".
20. In article 12, paragraph 7 shall be deleted.
Paragraphs 8 and 9 shall be renumbered as paragraphs 7 and 8.
21. in section 12, the following new section 12a and 12b, which including the following titles:
"§ 12a
Placing on the market of seed mixtures intended for the protection of the natural environment
(1) a mixture of seeds intended for the protection of the natural environment may be placed into the
only on the basis of an authorisation granted by the Institute. In granting this
enabling the Institute based on the information of an authorised person ^ 3 c) determine the area of the
the origin of the seed mixture. A mixture of seeds intended for the protection of natural
environment can be put into circulation only in the area of origin. In the case of
the seed mixture intended to protect the natural environment contains one or
more conserved varieties, proceed according to section 3b and 35a.
(2) the supplier that produced propagating material shall, before
the beginning of each growing season to announce the amount of mixture seed Institute
designed to protect the natural environment, for which it intends to apply for
the authorisation and assessment and location of the planned sites collecting the seed and in the
the case of mixtures of seed of separately grown ingredients in addition, assessment and
the location of the planned sites, seed multiplication. If these notifications
It follows that the maximum amounts specified in the manner referred to in paragraph
4 will be exceeded, the Institute shall allocate to each participating vendor who
produced propagating material, the quantity of seed mixtures that may
the growing period put into circulation, and in proportion to the amount of
a mixture of seeds, which are put into circulation, and the contractor had originally requested in the
maximum quantity equal to the maximum permissible quantity
specified way pursuant to paragraph 4. The supplier is obliged to submit a Constitution
for each growing period, a report on the quantities of seed mixtures intended for the protection of
the natural environment of the circulation.
(3) the supplier shall take out cover seed mixtures placed into circulation in a manner
that could not be opened without damaging the sealing system or without
leaving a trail of disruption on the supplier's label or on the packaging. Part of the
the sealing system must be the particulars or seal. Packaging
mixture seed put into circulation must be marked with particulars or
a print containing the following information:
a), the words "EU rules and standards",
(b) the vendor and its designation) address, or his identification mark,
(c)) indicate whether they are directly harvested seed mixture, or a mixture of seeds from
separately grown ingredients
(d)) year closure of the package expressed thus: "sealed" with the subsequent addition of
the year represented by the four-digit number,
(e) the region of origin of the mixture of seeds),
(f)) of the source area of the mixture of seeds,
g) mixtures of seed collection site
h) Habitat type in the site collection of a mixture of seeds,
I), the words "mixture of seed of fodder plants is intended to protect the natural environment,
to be used in the field with the same type of Habitat, such as in the
the location of the collection of this mixture, and regardless of the biotic conditions ",
j) lot number assigned by the vendor,
the percentage by weight of each) the proportions of plant species, and
subspecies; in the case of mixtures of seeds harvested directly, it is sufficient to indicate the types and
subspecies that are typical of the Habitat type in the collection and
to as the mixture of seeds of significance for conservation
plant genetic resources,
l) NET or gross weight,
m) in the case that have been used in granular form, plant protection products,
coating substances, or other solid additives, type and approximate ratio between
the weight of clusters or pure seeds and the total weight,
n) in the case of mixtures of seed of cultivated ingredients separately the value of the
germination of those components of the mixtures, which are feed crops referred to in
name the list, and which do not meet the requirements for germination laid down
an implementing regulation; in the case that the number of required
the values of the germination of six or more, it is sufficient to indicate the mean of these values.
(4) the Ministry shall issue a decree determining the highest total
the amount of seed mixtures intended for the protection of the natural environment, which can be
put into circulation a year.
section 12b
Authorisation of seed mixtures intended for the protection of the natural environment
(1) the Institute shall allow the marketing of mixtures of seeds harvested directly designed to protect
the natural environment into circulation under the following conditions:
and seed mixture was in) the source area obtained from the site collection, which
has not been sown for 40 years before the date of submission of the application referred to in paragraph 3,
(b)), the source area is located in the area of origin of the mixture of seeds,
(c)) the proportions of species and subspecies of shares that are typical for that type of
the Habitat at the site collection and that have, as the mixture
importance for the conservation of seeds, plant genetic resources, must be suitable
for the restoration of the Habitat type on the site in the collection,
(d) the germination of all the components of a mixture) of seeds referred to in subparagraph (c)) is at approximately
the same level to ensure that after sowing seed mixtures retained in the crop of the original
the ratio of ingredients referred to in subparagraph (c)) and thus ensured the restoration of that type
the Habitat at the site of collection,
(e)) the proportions the percentage by weight of the species and subspecies that are not typical
for a given habitat type on the site in the collection and that do not have as
the seed mixture the importance for the conservation of plant genetic resources,
shall not exceed 1%,
(f)) the occurrence of selected weed species may not exceed
the highest permissible level set by the implementing legislation.
(2) the Institute shall allow the marketing of mixtures of seed of separately grown ingredients
designed to protect the natural environment into circulation for the fulfillment of these
terms and conditions:
and) seed mixtures intended for the production was in the source area, obtained from
the site collection that has not been sown for 40 years prior to the date of filing
the request referred to in paragraph 3,
(b)), the source area is located in the area of origin of the mixture of seeds,
c) consists of a mixture of seeds of the species and subspecies that are typical for that
Habitat type on the site in the collection and that have, as the
a mixture of seeds of significance for the conservation of plant genetic resources,
d) components of the blend of seeds, which are feed crops referred to in
the list must comply with the requirements before mixing on properties of seed
laid down by the implementing regulation,
(e)) the number of generations in seed multiplication of individual components may not
exceed five.
(3) an application for authorization to put into circulation a mixture of seeds designed to protect
natural environment the supplier shall Institute served. The application shall be
accompanied by a declaration of compliance with the requirements referred to in paragraph 1 (b).
a) and b), if it is a mixture of seeds harvested directly, or in paragraph 2
(a). a), b) and (e)), if it is a mixture of seeds from cultivated separately
folders. Model application in the first sentence and the model of the certificate referred to in the sentence
the second sets out the implementing legislation.
(4) the authorisation for putting into circulation of seed mixtures intended for the protection of natural
the environment contains the following information:
and vendor designation and address) its registered office or place of business,
b) indication whether it is a mixture of seeds harvested directly or a mixture of seeds from
separately grown ingredients
(c)) the proportions the percentage by weight of the species and subspecies of contained in mixtures
seeds; in the case of mixtures of seeds harvested directly, it is sufficient to indicate the types and
subspecies that are typical of the Habitat type in the collection and
to as the mixture of seeds of significance for conservation
plant genetic resources,
d) in the case of mixtures of seeds grown ingredients separately the value of the
germination of those components of the mixtures, which are feed crops referred to in
name the list, and which do not meet the requirements for germination laid down
the implementing regulation,
(e) the amount of mixture seeds) to which the authorization relates,
(f) the region of origin of the mixture of seeds),
g) restrictions on the putting into circulation in the region of origin of the mixture of seeds,
(h)), the source area is a mixture of seeds,
I) site collection of a mixture of seeds; in the case of mixtures of seed of separately
grown ingredients also site seed multiplication,
j) Habitat type in the collection,
k) crop year.
(5) the Institute or the designated officer for the mixture of seeds designed to protect the natural
environment validates
a) for directly harvested seed mixtures
1. compliance with the requirements referred to in paragraph 1 (b). c) showcase stand
carried out by the Institute in the site collection, if the site collection
located on the territory of the Czech Republic; the number and dates of these
the shows, the results of which the Institute records, provides
the implementing legislation,
2. compliance with the requirements referred to in paragraph 1 (b). (d)), e) and (f)) official
examination or an examination under official supervision; These tests shall be
carried out in accordance with current international methods, if such
methods exist,
(b) for mixtures of seed of) separately grown ingredients meet the requirements
referred to in paragraph 2 (a). (c)), and (d)) the official examination or by examination under the
official supervision; These tests must be conducted in accordance with the applicable
international methods, when such methods exist.
(6) the Ministry shall issue a decree
and enumeration of coarse plant species), the occurrence of which is directly
harvested seed mixtures is limited, including the maximum permitted levels of occurrence of
These plant species,
(b) requirements for the properties of the seed), which must satisfy before blending
components of the blend, which are feed crops referred to in
the list,
(c) the number and dates of shows) stands in the site collection directly harvested
mixtures,
(d) the application for authorisation) circulate a mixture of seeds intended for the protection of
the natural environment and model for the Declaration of compliance with the requirements for granting
authorisation to place into circulation a mixture of seeds intended for the protection of natural
environment. ".
22. in section 17(2). 6, after the words "the seed", the words "or to
authentication properties for mixtures of seed designed to protect the natural environment
under section 12b of paragraph 1. 5, ".
23. in section 18 para. 4 (b). (c)) the introductory part of the provisions of § 26 paragraph 1 and. 3
the initial part of the provision, the words ' European Communities ' shall be replaced by
the words "European Union".
24. in section 19 para. 5, the last sentence shall be deleted.
25. in section 29, paragraph 3 reads:
"(3) if there are obstacles that prevent further proceedings, the Institute shall invite the
the applicant to remove barriers, and set a reasonable term to do;
at the same time notify the applicant, in the case of neodstranění barriers to application
reject the application. ".
26. in § 37 para. 2 and 3, the number "2" is replaced by "1".
27. in paragraph 38 (a) of paragraph 1. 2 (a). (b)) and in section 38b para. 2 (a). (b)), the words "§ 12
paragraph. 7 (b). (c)), "be deleted and the words" paragraph. 8 "are replaced by the words" paragraph.
7. "
28. in paragraph 38 (a) of paragraph 1. 2 (a). I) and section 38b para. 2 (a). I), the words
"does not mark or quit" the words "mixture of seed designed to protect
of the natural environment pursuant to section 12a paragraph 1. 3 or ".
29. in paragraph 38 (a) of paragraph 1. 2 and in section 38b para. 2 at the end of a Word)
"or" is deleted.
30. In paragraph 38 (a) of paragraph 1. 2 and in section 38b para. 2 in the letter):
"in the absence of the Institute as a vendor) for each growing period, a report on
quantity of seed of each retained the variety or each variety bred
for growing under particular conditions, or any mixture of seeds intended for
the protection of the natural environment into circulation referred to under section 3b of the paragraph. 4, § 3 c
paragraph. 2 or section 12a paragraph 1. 2, or ".
31. in paragraph 38 (a) of paragraph 1. 2 and in section 38b para. 2 shall be supplemented by the letter w)
added:
"w) as the vendor who produced propagating material in the form of a mixture
seed designed to protect the natural environment, the Institute has not notified prior to
the beginning of each growing season the quantity of seed mixtures intended for
the protection of the natural environment, for which it intends to apply for the permit, and
assessment and location of the planned sites of collection and in the case of mixtures of seed of
In addition, the assessment separately grown ingredients and location of the planned sites
seed multiplication under section 12a paragraph 1. 2. ".
32. In paragraph 38 (a) of paragraph 1. 5 (b). and) and in section 38b para. 5 (b). and the words ")
in) ' is replaced by ' up to w) ".
33. In § 39 para. 2 (a). (c)), the word "and" is replaced by a comma and the word
the "conditions" are the words "and each seed mixture intended for the protection of
the natural environment ".
Article. (II)
The effectiveness of the
This Act shall take effect on the first day of the calendar month
following the date of its publication.
Němcová in r.
Klaus r.
Nečas in r.
