317/2004 Sb.
LAW
of 29 April 2004. April 2004,
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, Act No. 185/2001 Coll., on waste and amending
certain other laws, as amended, law No.
147/2002 Coll., on the central control and testing Institute of the agricultural and
amendments to certain other laws (the law on the central control and
test Institute of agriculture), as amended, and Act No.
252/1997 Coll., on agriculture, as amended
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. and Act No. 147/2002 is amended as follows:
1. in article 1 paragraph 1 including the footnotes # 1) and 1a) is inserted:
"(1) this Act shall, in accordance with the law of the European Communities ^ 1)
terms of putting into circulation, storage and use of fertilizer, manure
fertilisers, soil improvers, auxiliary preparations and
substrates, the conditions agrochemického testing of agricultural soils, conditions
detection of soil properties of forest land and some of the conditions
the use of modified sludge, ^ 1a) as well as the scope of vocational institutions
supervision of compliance with the obligations laid down by this law, including
permission to impose penalties. This law also applies to fertilisers, auxiliary
soil substances, herbal preparations and auxiliary substrates, intended for use
as raw materials for further processing.
1) Regulation (EC) No 2003/2003 of the European Parliament and of the Council of 13. October
fertilizers.
Council Directive 86/278/EEC of 12 December. June 1986 on the protection of
environment and in particular of the soil, when the use of sewage sludge in agriculture.
Council Directive 91/692/EEC of 23 November. December 1991
standardising and rationalising reports on the implementation of certain directives
relating to the environment.
Council Directive 91/676/EEC of 12 December. December 1991 concerning the protection of waters against
pollution caused by nitrates from agricultural sources.
1A) § 32 Act No. 185/2001 Coll., on waste and amending certain
related laws. ".
Footnote 1) is renumbered as footnote
# 1b), including the reference to this footnote.
2. In article 1 (1). 2 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)) shall be deleted.
3. in article 1, paragraph 3 is added:
"(3) the provisions of this law shall apply to livestock manure and on
modified sludge only where it is explicitly provided for therein, and to the extent
they set out. For fertilisers, soil conditioners, auxiliary plant
products and substrates, which are intended for use as raw material to
further processing, the provisions of section 7, 8, 12, 13, § 14 para. 4
and 5, § 14a, 14b, paragraph § 2 (a). a) and b), § 14 c and 15. ".
4. In paragraph 2 (a). (b)) after the word "origin", the words "and other ancillary
products derived from livestock farms, ".
5. In paragraph 2 (f)):
"f) putting into circulation the offering of fertilizers, manure, Assistant
the soil of substances, herbal preparations and auxiliary substrates for sale
or another method of transfer, sale or other form of transfer, and
storage for the purpose of sale or other transfer method ".
6. Footnote 2) is repealed, including links to this
footnote.
7. in section 4, paragraph 4. 1 the term "resident" shall be replaced by the word "stay" and
the words "(hereinafter referred to as" the applicant ")" shall be added the words ", where the international
the contract, which the Czech Republic is bound provides otherwise ".
8. In section 4, paragraph 4. 2 (a). and the word ") residence" replaced by the word "stay".
9. in section 8 shall be inserted after paragraph 2 paragraph 3, including notes
footnote 12) and 12a):
"(3) entrepreneurs in agriculture on agricultural land are
storage in vulnerable areas ^ 12) must comply with
the provisions of special legislation. ^ 12a)
12) section 33 of Act No. 254/2001 Coll. on waters and on amendments to certain laws
(Water Act).
12A) 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. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
10. In § 8 para. 4, the first sentence is inserted after the phrase "in the vulnerable
areas ^ 12) must be stored in accordance with a special legislative
Regulation 12a. ^) ".
11. in section 9 is in the title, the word "and" is replaced by a comma and at the end of the
the words "and the adapted sludge".
12. in paragraph 9, paragraphs 1 and 2, including footnote No. 12b) are added:
"(1) entrepreneurs in the agricultural and forest land owners farmers
on such parcels are required to use fertilizers, livestock manure, and
excipients in the manner prescribed by law. Modified sludge can
entrepreneurs in agriculture on agricultural land used in
accordance with this Act and special legislation. ^ 12b) Manure
fertilizers and modified sludge may not be brought into use
the soil risk elements or risk substances that could interfere with the development of the
of the cultural plants or endanger the food chain.
(2) fertilizers, livestock manure and auxiliary substances may not be used on
farmland and forest land, if
and how to use them) does not allow a uniform ground cover,
(b)), their use can lead to damage on agricultural land, forest
land or on land adjacent to the land, as appropriate, in
its wider surroundings,
c) ground to which they are to be applied, is wearied of the water, covered with
a layer of snow greater than 5 cm, or freezing to death to a depth greater than 8 cm.
12B) § 33 para. 1 and 3 of Act No. 185/2001 Coll., on waste and amending
some other laws.
Decree No 382/2001 Coll., on the conditions of application of the adapted sludge on
agricultural land. ".
13. in section 9, paragraph 2, the following paragraphs 3 and 4 are added:
"(3) the provisions of paragraph 2 shall apply for the use of the adapted sludge on
agricultural land by analogy.
(4) the Entrepreneurs in agriculture on farm land in the
vulnerable areas ^ 12) are required to use fertilisers and livestock
fertilizer in accordance with the specific legislation. ^ 12a) ".
Paragraphs 3 to 5 shall be renumbered as paragraphs 5 to 7.
14. in § 9 para. 5, the words "including manure" are replaced by the words "
manure ", and at the end of the paragraph, the following sentence
"Entrepreneurs in agriculture on agricultural land are required to
keep a record of the adapted sludge used on agricultural land. ".
15. in § 9 para. 6, the first sentence is replaced by the phrase "Evidence based
paragraph 5, leads on the quantity, type and time of fertilizer use, manure
fertilizers, excipients and sludge by land,
crops and years and shall be kept for at least 7 years old. ".
16. in § 9 para. 7, the words "and the method of keeping records of their use"
replaced by the words ", a way of keeping records on fertilizer use, manure
fertilizers, excipients and adapted the Lees ".
17. in section 10, paragraph 1. 1, the second sentence is replaced by the phrases "in cases where the
There is a danger of damage to soil fertility, also includes
microbiological and chemical analyses. Ministry in agreement with the
The Ministry of health shall lay down by decree to provide protection from
the entry of undesirable substances into the food chain the risk elements,
risk substances and microbiological and physical parameters, tracked
by the agrochemical testing of agricultural soils, scope and method
their track ".
18. in section 10, paragraph 1. 2 the first sentence after the word "chemical", the words ",
microbiological and physical ".
19. in section 10, paragraph 1. 2 (a). and), the word "resident" shall be replaced by
"stay".
20. in section 10, at the end of paragraph 4, the following sentence "for the purpose of continuous
the review of these facts is a person authorised to conduct
chemical analyses of samples of soil required to participate in interlaboratory
comparative tests organised by the Institute. ^ 13a) ".
Footnote No. 13a) reads as follows:
"13a) § 3 (1). 1 (b). c) of Act No. 147/2002 Coll., on the Central
inspection and test Institute of agriculture and amending certain
related laws (the law on the central control and testing Institute
the farm). ".
21. in section 10, paragraph 1. 8, the words "and for performing chemical analyses
agricultural soils. "shall be replaced by the words", for the implementation of the chemical,
microbiological and physical analyses of agricultural soils and for
evaluation of the results of these analyses. ".
22. in paragraph 11, the following shall be added at the end of paragraph 4 the phrase "evaluation of the results
chemical analyses of the Institute to the Ministry passes; information about the content
risk elements and hazardous substances passes also the Ministry of
environment. At the request of the owner of forest land, their tenant or
subtenant, the Institute shall forward the results of chemical analyses on forest
land in its ownership, lease or sublease; transmission of the results
subject to the administrative fee in accordance with special legislation. ^ 6) ".
23. § 12 para. 1, the first sentence is replaced by the phrase "professional supervision
examination of fertilizers, fertilizers and livestock manure into circulation,
when their storage and use, as well as in the use of adjusted
sludge carries Institute. ".
24. in § 12 para. 2 (a). a) after the word "fertilizer", the words "and
livestock manure stored or ".
25. In paragraph 12, at the end of paragraph 2, the period is replaced by a comma and the following
subparagraph (c)), which read as follows:
"c) entrepreneurs in agriculture on agricultural land, who
use the modified muds. ".
26. in section 12 paragraph 3 including the footnotes # 16) and 16a):
"(3) the employees working at the Institute, who are entrusted with the exercise of
professional supervision, are authorized to enter after the notification to the undertakings,
their organisational units and establishments, ^ 16) equipment, premises and
the land where fertilizer and livestock manure produced, stored,
into circulation or used, and on land, where they are using the modified sludge.
To objects important for the defense of the State may enter under the conditions
stipulated by special legislation. ^ 16a) are entitled to require
from the persons referred to in paragraph 2, the necessary documents, information and necessary
assistance to the smooth and rapid performance of supervision, as well as to subscribe to the
control samples.
16) § 7 (2). 3 of the Act No. 513/1991 Coll.
section 17 of Act No. 455/1991 Coll., on trades (trade licensing
Act), as amended by Act No. 237/1995 Coll., Act No. 283/1995 Coll. and
Act No. 359/1999 Coll.
16A) Act No. 222/1999 Coll., on ensuring the defence of the Czech Republic, in the
amended by Act No. 320/2002 Coll. ".
27. in section 12, the following paragraph 5 is added:
"(5) the Department also oversees whether entrepreneurs in agriculture on
agricultural land in vulnerable areas ^ 12) shall comply with the conditions for
storage and use of fertilizers and manure laid down special
legislation; ^ 12a) the provisions of paragraph 1, second sentence, and paragraph 3
shall apply mutatis mutandis. ";"
28. in section 12, the following paragraph 6 is added:
"(6) the Institute also has overseen, that the persons referred to in paragraph 2 shall comply with the
the obligations laid down by the law of the European communities
immediate effects. ".
29. in section 13 paragraph 1 reads:
"(1) the Institute require manufacturers, importers, suppliers, ^ 1b) entrepreneurs in
agriculture or to the owners of forest land managers on these
plots who produce, circulate, are stored or used
fertilizers and livestock manure, or entrepreneurs in agriculture
on agricultural land managers, who use modified sludge,
specific measures, in particular, is entitled to
and prohibit the use of fertilisers) manure or slurry,
If it does not meet the conditions laid down in this Act,
(b) the defects are not corrected) required for the storage of fertilizer or
manure. ".
30. section 14 including the title reads as follows:
"Offences and other administrative offences
§ 14
(1) the owner of agricultural land is guilty of an offence that would not tolerate
subscriptions to the soil samples for testing of agricultural land by agro-chemical
§ 10 para. 5.
(2) the owner of forest land, their tenant or subtenant,
infraction committed by would not tolerate acts of discovery-related
soil properties of forest land under section 11 (1) 3.
(3) the owner of forest land on these grounds is
infraction committed by
and) does not continuously and properly register of fertilizers, manure
and auxiliary substances used on agricultural land or forest land
According to § 9 para. 5 the first sentence and § 9 para. 6,
(b) violates any of the provisions of the storage of) fertilizers, manure, and assistive technology
substances referred to in section 8 or the provisions on their use in accordance with § 9 para. 1 and
2.
(4) the owner of forest land, the offence committed by the fact that within the time limit
designated under section 13 fails to comply with the special measures imposed by the Institute to
the deficiencies.
(5) for the offence referred to in paragraphs 1, 2, and para. 3 (b). and you can save)
a fine up to $ 50,000, for the offence referred to in paragraph 3 (b). (b)) can be
impose a fine to a maximum of $ 100 000 and for the offense referred to in paragraph 4 may be
impose a fine to a maximum of 500 000 CZK. ".
31. in paragraph 2, the following new section 14a-14 c, which including notes below
line No 17) to 18a) are added:
"§ 14a
Fine for an administrative offence amounting pursuant to § 14 para. 5 can be saved
and) legal person commits one of the offences
referred to in § 14 para. 1 to 4,
b) entrepreneurs in agriculture, if he is one of the illegal
the negotiations referred to in § 14 para. 1, 3 and 4,
c) manufacturers, importers or suppliers, ^ 1b) if he is illegal
the acts listed in § 14 para. 4.
section 14b
(1) the entrepreneurs in agriculture hospodařícímu on agricultural land can be
impose a fine on another administrative offence to the above
and) $ 50,000, if does not keep records of continuously and properly groomed
sludge used on agricultural land according to § 9 para. 5 and 6,
(b)) 100 000 CZK, if violates any of the provisions on the use of modified sludge
on agricultural land according to § 9 para. 1, 2 and 3,
c) 500 000 CZK, if fails to comply with other duties laid down by the
Regulation of the European communities with immediate effects.
(2) manufacturers, importers or suppliers ^ 1b) can be fine for another
administrative offence to the above
and 100 000 CZK), if the store or fertilizers and excipients in a way
under section 8,
b) 500 000 CZK, if fails to comply with the conditions of the labelling and packaging of fertilizers
or other obligations laid down in section 7,
(c) 5 000 000 Czk), if circulation said the fertilizer or the excipients,
that have not been registered, as provided for in section 3 (2). 1 (b). and section 3, paragraph 3).
3.
§ 14 c
(1) The offences and their hearing under section 14 applies special
legislation. ^ 17)
(2) in determining the amount of the fine on a legal person or a natural person who
is an entrepreneur, taking into account the gravity of the infringement,
in particular, the way a criminal offence and its consequences and to the circumstances in
which it was committed.
(3) the infringement of the legal entity or natural person who is
an entrepreneur, to discuss under the administrative code.
(4) the infringement of the legal entity or natural person who is
entrepreneur, you cannot discuss, have passed from his committing to 3 years.
(5) the Offences and other administrative offences at first instance dealt with and
the fine levied by the Institute.
(6) income from fines is the Czech Republic's State budget revenue. The fine
territorial financial authority shall recover ^ 18) under special laws
legislation. ^ 18a)
17) Act No. 200/1990 Coll. on offences, as amended.
18) Law No 530/1990 Coll. on territorial tax authorities, as amended by
amended.
18A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
32. In section 4, in the introductory part of the text the words "§ 8 para. 4, § 9 para. 5 "
replaced by the words "§ 8 para. 5, § 9 para. 7. "
33. In paragraph 16 (c)), and (d)):
"(c)) the details of the storage and manure, the way
the use of fertilizers, manure and processing AIDS on agricultural
land and forest land, the method of keeping records on fertilizer use,
manure, excipients and modified sludge,
(d) the elements of risk, risk) of the substance and the microbiological and physical
parameters monitored by the agrochemical testing of agricultural
soils, range and method of monitoring, procedures for taking samples, for
the implementation of the chemical, microbiological and physical analyses
agricultural soils and to evaluate the results of these analyses ".
Article II
Transitional provision
Proceedings for administrative offences, which began before the date of the acquisition of the Institute
the effectiveness of this law shall be completed in accordance with the existing laws,
regulations.
Article. (III)
Powers of execution
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 157/1998 Coll., on fertilisers, soil conditioners,
auxiliary plant products and substrates and agrochemical
testing of agricultural soils (fertilisers), as is apparent from later
laws.
PART TWO
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. and act
No 188/2004 is amended as follows:
1. In § 33 para. 1, the word "and" after the word "plant" is replaced by a comma and
After the words "implementing regulation" the words "and in accordance with the
by the use of sludge as laid down by the originator of the Lees ".
2. In section 33 is at the end of paragraph 2 the following sentence "the Program using the sludge is
obliged to transmit to the person referred to in paragraph 1. ".
3. In section 71 for letter d) the following point (e)), which read as follows:
"e) of the Central Institute for supervising and testing in agriculture".
Subparagraph (e))) to (i) shall become letters (f)) to (j)).
4. § 73 including the title reads as follows:
"§ 73
The Ministry of agriculture
The Ministry of agriculture coordinates the implementation of compliance checks
obligations when using modified sludge on agricultural land. ".
5. the following section is inserted after section 73 73a, which including the title reads as follows:
"to section 73a
The central control and testing Institute of agricultural
Control of compliance with the obligations in the use of modified sludge on
agricultural land is exercised and penalties for breaches of these obligations stores
pursuant to 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. and Act No 317/2004 Coll., the Central
supervising and testing in agriculture. ".
PART THREE
Amendment of the Act on the central control and testing Institute of agricultural
Article. In
Law No. 147/2002 Coll., on the central control and testing Institute
agricultural and amending some other acts (the Act on the Central
inspection and test Institute of agriculture), as amended by Act No. 309/2002
Coll. and Act No. 21/2004 is amended as follows:
1. In article 2 (2). 1 (b). (f)), the dot at the end of the sentence is replaced by a comma and
the following point (g)), which read as follows:
"(g)) of the bodies of animals for slaughter."
2. In footnote No. 4), the words "shall be added to Act No. 110/1997 Coll.
on food and tobacco products and amending and supplementing certain
related laws, as amended. ".
3. in article 2, the following paragraph 3 is added:
"(3) the Institute shall carry out further tasks arising for it from the immediate
binding legal regulations of the European communities, in particular, shall exercise
supervision of the fulfilment of the obligations arising for the natural and legal
persons from these immediately binding legal regulations of the European
community. ".
4. In article 3, paragraph 3. 4, after the words "test stations", the words ",
the validation Centre (hop hop stamping plant) ".
5. In paragraph 7, the following paragraphs 6 and 7 are added:
"(6) if the Institute in the implementation of control violation of the law,
This penalty provided for under special legislation. ^ 4) in the case
that the remedy of the infringement in accordance with the imposed measures
or immediately after it has been found to be a breach of duty may
The Department may waive the imposition of a fine.
(7) when the violation immediately binding legal regulations of the European
the community can Institute sanction of up to 1 000 000 CZK. ".
Čl.VI
Powers of execution
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 147/2002 Coll., on the central control and testing Institute
agricultural and amending some other acts (the Act on the Central
inspection and test Institute of agriculture), as is apparent from later
laws.
PART FOUR
Agriculture (Amendment) Act
Article. (VII)
In section 2 c of law No 249/1997 Coll., on agriculture, as amended by Act No.
62/2000 Coll., Act No. 308/2000 Coll., Act No. 128/2003 Coll. and Act No.
85/2004 Coll., the following paragraph 7, including footnotes.
4-in):
"(7) the rights and obligations arising from international treaties ^ 4v)
are turning to the effective date of this Act from the Ministry of
Agriculture in the Fund, unless their transition already occurred based on
of the Treaty.
4V) communication from the Ministry of Foreign Affairs No. 4/2002 Coll., m. s.,
the negotiation of the multiannual financing agreement between the Czech Republic and by the Commission
Of the European communities, on behalf of the European Community. ".
PART FIVE
The EFFECTIVENESS of the
Article. (VIII)
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
