60/2017 Sb.
LAW
of 18 May. January 2017,
amending Act No. 155/2000 Coll., on the breeding, breeding and
the register of farm animals and amending certain related laws
(plemenářský Act), as amended
Parliament has passed the following Act of the United States:
Article. (I)
Act No. 155/2000 Coll., on the breeding, breeding and registration of economic
animals and amending certain related laws (plemenářský)
amended by Act No. 161/2003 Coll., Act No. 288/2003 Coll., Act No.
444/2005 Coll., Act No. 130/2006 Coll., Act No. 182/2008 Coll., Act No.
228/2009 Coll., Act No. 281/2009 Coll., Act No. 291/2009 Coll., Act No.
32/2007 Coll., Act No. 64/2014 Coll., Act No. 250/2014 Coll. and Act No.
168/2015 Coll., is amended as follows:
1. In article 1 (1). 1 introductory part of the provisions, section 3, paragraph 3. 3, § 5 para. 6 and 8,
§ 6 para. 5 and 6, § 7 (2). 1 and 8, § 8 para. 4, § 9 para. 3 (b). (b)), and
(c)), § 21 para. 2, § 24 para. 3 (b). (h)), § 24 para. 4 (b). (b)), section 24
paragraph. 5, § 24 para. 6 (a). (d)), section 29 para. 2 and in section 29b para. 5, the words
"European Community" shall be replaced by the words "European Union".
2. In article 2 (2). 1 (b). n), the word "entrepreneurs ^ 4)" shall be replaced by
"entrepreneurs ^ 20)".
3. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following
Letter t), which read as follows:
"t) putting into circulation breeding animal, semen, embryos, egg
cells, hatching eggs of poultry and breeding material of fish and bees
their purchase or sale, offer for sale and any other way
transfer for a consideration or free of charge to other persons. ".
4. in section 2, paragraph 2 reads as follows:
"(2) for the purposes of this Act are further means
the genetic source of the animal)
1. animal registered in the national programme, belonging to a particular species or
the breed is located on the territory of the United States of relevance to the
Food and Agriculture and for the protection and sustainable use of biological
diversity ^ 6 d), which are included in the national programme, or
2. the genetic material of animal origin containing functional
units of heredity, and allows you to transfer and the regeneration of the individual in
maintaining its genetic basis, in particular semen, egg
cells or embryos, and which is stored and recorded in the genobankách
included in the national programme,
(b)) genobankou legal person responsible for the file device used to
conservation and use of genetic resources of animals,
c) biological material the removed material of animal origin, which
allows you to get information about the genetic equipment of the animal, especially
smears of the mucous membranes, blood or hair. ".
5. footnote # 6e:
"6e) 214 et seq. of the civil code. ".
6. In section 5, the dot at the end of paragraph 7 is replaced by a comma and the following
letter h) including footnote # 6 g:
"(h)) to provide the designated person or to the Ministry on the basis of their written
request information, except for the data which form the subject of a business
the secret ^ 6 g), necessary for the performance of their duties under this Act.
6 g) of section 504 of the civil code. ".
7. In paragraph 6 (1). 1 introductory part of the provisions, the word "Entrepreneur" ^ 4) "
is replaced with "entrepreneur ^ 20)".
8. In paragraph 6 of the dot at the end of paragraph 4 is replaced by a comma and the following
letter h) is added:
"(h)) to provide the designated person or to the Ministry on the basis of their written
request information, except for the data which form the subject of a business
the secret ^ 6 g), necessary for the performance of their duties under this Act. ".
9. section 14 including title and footnote 21 reads as follows:
"section 14
The national program of conservation and use of plant genetic resources,
animals and micro-organisms relevant for food and agriculture
(1) the Ministry handles national programme of protection and use of
genetic resources of plants, animals and micro-organisms relevant for the
Food and Agriculture (hereinafter referred to as the "national program"), which contains the
the conditions and procedures for the protection, preservation, documentation and
sustainable use of animal genetic resources. The Ministry issues
The national programme for a period of 5 years; the impetus for change may bring a participant
The national programme referred to in paragraph 4.
(2) the national programme to be classified
and) the type or animal,
b) recognized by the breeder's Association or the Association of animal breeders (6e) ^ ^
"the Association"),
(c)) the natural or legal person who is the owner of genetic resources
animal (hereinafter referred to as "the owner of the genetic resources of the animal"), and
(d)) genobanka.
(3) in the national programme are maintained
and individual genetic resources) of the animal,
(b)) genetic and biological material retained in the genobance.
(4) the participants in a national program are
and public Research Institute) ^ 21) established by the Department, which
coordinates the measures aimed at the implementation of the national programme and the measures
related to it (hereinafter referred to as the "designated person"),
(b) the owner of the genetic resources of the animal) is included in the national programme,
(c)) the Association referred to in the decision on the classification of a species or breed of the animal
in the national programme,
(d)) genobanka included in the national programme.
21) Law No 341/2005 Coll., on public research institutions, as amended by
amended. ".
10. in article 14, the following new section 14a to 14 h, including the following titles:
"§ 14a
Spool type or breed of animal in the national programme
(1) the type or breed of the animal shall be included in the national programme of the Ministry
on the basis of a written application of the Association, if
and the species or breed) of the animal is on the territory of the Czech Republic, the
autochthonous or locally adapted, is of relevance to food and agriculture
and the protection and sustainable use of biological diversity ^ 6 d), its
the population is viable and are proven to be supported by enabling the
distinguish it from other species or breed of the animal,
(b) the retention of genetic resources), the methodology of the animal (hereinafter referred to as the "methodology")
corresponds to the structure and content of the accounts as laid down in the implementing
a legal act,
(c)) of the order of the herd-book or breeding evidence, if the Association
required to lead, it takes into account how the methodology.
(2) the Association to application for inclusion in the national programmes shall be accompanied by
and) documents showing that species or breed of the animal is on the
the territory of the Czech Republic, is indigenous or locally adapted, has
the importance of food and Agriculture and the protection and sustainable use of
biodiversity ^ 6 d), its population is viable and are
evidenced information allowing for the distinction from other species
or breed of the animal,
(b) the methodology and design)
(c) draft amendments to the regulations) herd-book or breeding evidence, if it is
the Association is obliged to lead.
(3) the assessment of the application for inclusion under paragraph 2, the Ministry of
requests a representation of the designated person, which is the basis for the decision.
(4) the decision on the classification of a species or breed of animal in the national
In addition to the General requirements of the program must contain the name of a species or
the breed of the animal and as an attachment to an approved methodology and, where appropriate, the order of
the herd-book or breeding evidence.
(5) the Decree shall lay down the outline of a methodology, which is a set of procedures and
organisational measures to ensure the preservation, protection, preservation,
documentation and the sustainable use of animal genetic resources.
section 14b
The owner of the genetic sources of spooling of the animal in the national programme
(1) the owner of an animal's genetic resources include the Ministry of the
The national programme on the basis of its written request, if the animal
and) is part of population of a species or breed of animal identification
The national programme,
(b)) is permanently marked in the prescribed manner so as to exclude its
confusion with other individuals, with the exception of certain types of animals which
permanent identification is not possible, and
c) corresponds to the criteria for the registration of genetic resources of the animal to
The national programme, which are listed in the methodology, which is annexed to the
decision on the classification of a species or breed of animal in the national programme
According to § 14a para. 4.
(2) the owner of the animal to the request for inclusion in the national programmes shall be accompanied by
a statement that the conditions for the registration of that animal
as a genetic resource to national programme referred to in paragraph 1, and
representation of the designated person of the conditions referred to in paragraph 1 (b). a) and (c)).
(3) the decision on the classification of the genetic resources of the animal to the owner
The national programme 5 years from the date of acquisition of legal power and must, in addition to
General requirements include the identification number of the owner under the
The national programme and the name of a species or breed of genetic resources
the animal.
(4) the validity of the decision to include the owner of the genetic resources of the animal
the Ministry on the basis of a written request from the owner of the extended
not more than 5 years, and it has repeatedly, if the owner complies with the requirements for
inclusion in the national programme. Application for renewal of
a decision on the inclusion in national programme serves the owner
Ministry of at least 2 months and 6 months before the expiry of the period
the validity of the decision on the classification in the national program. The owner of the
request for extension of the period of validity of decision for inclusion in the National
the programme shall be accompanied by the Declaration referred to in paragraph 2.
§ 14 c
Marshal genobanky to national programme
(1) the Ministry shall be included in the Genobanku of the national programme on the basis of its
written request, if the code of conduct guarantees proper conservation and genobanky
the registration of genetic and biological material according to the specification
conserved genetic and biological material.
(2) Genobanka to the application for inclusion in the national programmes shall be accompanied by
and genobanky and code of conduct)
b) specification of the genetic and biological material preserved.
(3) the assessment of the application for inclusion under paragraph 2, the Ministry of
requests a representation of the designated person, which is the basis for the decision.
(4) the decision on the classification of genobanky into the national programme 5 years
from the date of acquisition of legal power and must contain, in addition to the General requirements
specification of retained the genetic and biological material and
registration number genobanky in the framework of the national programme.
(5) the validity of the decision on the classification of genobanky into a national programme can
the Ministry based on a written application, not exceeding genobanky
5 years, and repeatedly, if genobanka meets the requirements for inclusion
in the national program. Request for extension of the validity of the decision on the
inclusion in the national programme of the Ministry of genobanka served at least 2
the Moon and the first 6 months before the date of expiry of the decision on the
inclusion in the national programme. Genobanka applications for extension of time
the validity of the decision on the inclusion in the national programme shall be accompanied by
a statement that the conditions for the inclusion of the genobanky to
The national programme.
§ 14 d
Change and cancellation of the decision on the inclusion in a national programme
(1) the Ministry changed decisions about inclusion in the national programme,
If there is a change
and the data referred to in the decision), or
(b)) a national programme concerning the conditions under which it was
the decision was issued.
(2) the Ministry of the decision on the inclusion in national programme cancelled
If
and) a legal entity that participates in the national programme, the lapse, the
(b)) a natural or legal person who is a participant in the national
program activity
(c)) the natural person who is a participant in the national programme, die or
was declared dead,
(d) the national programme) participant of its cancellation in writing, ask yourself,
(e) the source of the animal's genetic) owned by the participant of the national programme
no longer fulfils the conditions of the given Methodology, or
(f)), the national program has changed the negative inclusion in National
program.
§ 4E
Registration of the animal to the national programme
(1) the Association, which is participating in the national programme, the national
the program registers the animal as a genetic resource
and with the consent of the owner of the animal) and
(b)) in the manner prescribed in the methodology, which is annexed to the decision on the
the inclusion of a species or breed of animal in the national programme, in accordance with § 14a
paragraph. 4.
(2) the national programme of the Association registers the only animal that is
and) part of the population of a species or breed of animal included in the national
the program,
b) permanently indicated in the prescribed manner so as to exclude its
confusion with other individuals, with the exception of certain types of animals which
permanent identification is not possible, and
c) compliant in terms of Methodology, which is annexed to the decision on the
the inclusion of a species or breed of animal in the national programme, in accordance with § 14a
paragraph. 4.
(3) the animal registered in a national program remains a source of genetic
regardless of the change of the owner of the animal.
(4) on the proposal of the Ministry of the designated person and with the consent of the owner of an animal
a decision to register the animal in the national programme, in
especially justified cases, on the basis of the criteria laid down
the implementing regulation, if it is necessary from the perspective of recovery
genetic diversity, regeneration or revitalization of the species or
the breed of the animal; on the basis of this decision is an association committed to
to register to the national program, and enroll in the herd-book or
breeding records of the animal as a genetic resource.
(5) the animal registered in a national programme referred to in paragraph 4 may be
used for breeding only in the context of population genetic resources
the animal of the same breed, and in accordance with the methodology, which is annexed to the
decision on the classification of a species or breed of animal in the national programme
According to § 14a para. 4.
(6) the Decree lays down the criteria for the registration of an animal as a genetic
resources to the national programme, in accordance with paragraph 4, in terms of recovery
genetic diversity, regeneration or revitalization of the species or
the breed of the animal.
section 14f
Protection and sustainable use of animal genetic resources
(1) the owner of the genetic resources of the animal, which is a participant in the national
the program is required to
and comply with the conditions referred to in) the national programme and methodology that is
the annex to the decision on the classification of a species or breed of animal in the national
program pursuant to § 14a para. 4,
(b) notify the designated person) and the threat of genetic associations
the source of the animal,
(c) to assess the genetic source of the animal) and lead the way, and the documentation of it
to the extent provided for in the implementing regulation and to forward the results of the
This assessment of the Association,
(d)) to pass on the basis of the written invitation of the designated person to a designated person or
genobance, which is a participant in the national programme, a sample of the biological
or genetic material with the relevant documentation, with the exception of the data
which form the subject of a trade secret ^ 6 g), or allow a subscription to this
sample. Sample size provides for the Ministry in implementing
prescription. Transfer procedure is set out in the methodology, which is annexed to the
decision on the classification of a species or breed of animal in the national programme
According to § 14a para. 4,
(e) notify the Department of a change in writing) the data regarding the decision on the
inclusion in the national programme, and at the latest within 30 days from the date on which the
This change has occurred,
(f) at least in writing) to notify 30 days in advance to a designated person the intent of permanently
move an individual genetic resources animal from the Czech Republic to the
another Member State of the European Union or its export to a third country.
(2) the designated person is required to
and conditions set out in) to comply with the national programme,
(b)) to keep a record of participants of the national programme and to allocate them
registration number,
(c)) to coordinate the activities related to the national programme, including
ensure the long-term preservation of the genetic and biological material and
animal genetic resources,
(d)) to ensure, in cooperation with the national programme for the regeneration of the participant
animal genetic resources, if it is necessary for their protection,
preservation or sustainable use,
(e)) to perform a yearly evaluation of the national programme in the scope of
in the implementing legislation and to submit this assessment to the Ministry and
on the basis of its results, where appropriate, propose to the Ministry Regulation
measures related to ensuring the protection, conservation or sustainable
the use of animal genetic resources.
(3) the participant of the national programme is required to allow employees a specified
people tour of the animal for the purpose of determining the status of genetic resources
controlled animal; about this intention to the person of the Subscriber
The national programme to inform in writing. An employee of the designated person that
When determining the status of genetic resources animal familiar with data
forming the subject-matter of trade secrets ^ 6 g), is obliged to maintain
the confidentiality of this information. Gets the designated person when determining
the status of the genetic resources of the animal from a participant of the national program information
about the genetic source of the animal, which form the subject-matter of the business
the secret ^ 6 g), the designated person is not allowed without the consent of the participant of the national
program grant to a third person.
(4) the Association, which is participating in the national programme, is obliged to
and comply with the conditions referred to in) the national programme and methodology that is
the annex to the decision on the classification of a species or breed of animal in the national
program pursuant to § 14a para. 4,
(b) notify the designated person) threat to the genetic resources of the animal,
If this threat becomes aware
(c) notify the Department of a change) data relating to the decision on the classification
the national program, and at the latest within 30 days from the date of this
change occurred,
d) ensure, in cooperation with other participants of the national programme
regeneration of genetic resources of animals, where this is necessary for the
their protection, conservation or sustainable use,
(e)) to perform a yearly evaluation of the species or breed
the genetic resources of the animal to the extent provided for in the implementing
Regulation and to submit this assessment to a designated person,
(f)) provide the designated person or to the Ministry on the basis of their written
request information, except for the data which form the subject of a business
the secret ^ 6 g), necessary for the performance of their duties under this Act.
(5) the Ministry will invite associations to change the Methodology in the event of changes
legislation, contracts resulting from the implementation of international obligations,
The national programme or on the basis of the results of the national
the programme carried out in accordance with paragraph 2 (a). (e)) or on the basis of the results of the
reviews of the species or breed of animal genetic resources
carried out in accordance with paragraph 4 (b). (e)). The Association within 30 days from the date of
delivery methodology, unless the Ministry of time limit
longer, shall submit to the Ministry a draft of changes to the methodology. If he does not submit
the change in methodology design associations in the desired range and within the
the time limit shall cease to be a decision on the inclusion of a species or breed of animal in
The national programme issued pursuant to § 14a para. 4 validity, date on which the
in vain the expired deadline for submission of a proposal to amend the methodology. About change
The methodology can also ask the Association for any reason other than the reasons given
in the first sentence. For the management of a draft amendment to § 14a Methodology accordingly.
If granted, the Ministry will issue a proposal in accordance with § 14a para. 4 new
the decision of which the annex to the revised version of the methodology.
(6) the Decree shall lay down the
and) the manner and scope of the evaluation of the genetic resources of the animal owner
the genetic resources of the animal,
(b)), the sample size of the genetic resources of the animal, which consists of the removed
the genetic material of the animal,
(c) the annual reviews of the respective range) a species or breed
genetic resources animal associations
(d) the annual reviews of the national range) program designee.
§ 14 g
Preservation of the genetic resources of the animal
(1) preservation of genetic resources animal genetic material in the form of
or biological material (the "material") provides genobanka in
accordance with its operating regulations and standards for genobanky, which
provides for the Ministry in the implementing regulation.
(2) the Genobanka stores the material on the basis of the contract between the owner of the
the genetic resources of the animal and the specified person. Stored material manages
genobanka and its owner is the designated person, if the contract does not provide for
otherwise.
(3) Genobanka is required to
and keep material) in accordance with the operating regulations and standards for
genobanky,
(b) the emergence of a situation) to notify, that means the risk of damage or destruction
the stored material, without delay, the designated person and in conjunction with her
ensure measures to eliminate this risk.
(4) the material deposited in the genobance is intended for long-term storage and for
the use in the case of non-commercial research, testing or recovery of genetic
diversity, reviews or regeneration of the species or breed genetic
the source of the animal.
(5) the sample of material from genobanky provides on request to third parties
genobanka with the approval of the designated person, if there is his sufficient
store, and by providing a sample of genetic resources is not compromised
the animal, or damage that could result in physical
the demise of the genetic resources of the animal. A sample of the material provides the genobanka
for the cost that does not exceed the costs associated with the provision of the sample.
The scope of supply of the material provides for the Ministry in implementing
the legal prescription.
(6) the Decree shall lay down the
and standards for the storage of material) by genobankou,
(b) adequate supplies of material) range.
§ 14 h
The financing of the protection of the genetic resources of the animal
Funding for the preservation, protection, evaluation, and documentation
sustainable use of the genetic resources of the animal within the national
the program is provided for the purposes mentioned in this Act from the State
budget through the chapter Ministry. ".
11. in section 20 (2). 4, the following sentence is added: "for breeding of bees
may be utilized only for breeding colonies, or sperm honey bees
kraňské. ".
12. in paragraph 2 of article 23. 1 (b). a) after the word "person" the words "and
identification data of the legal representative, if the keeper is a minor
the person ".
13. in Section 23b para. 6, the words "to the extent necessary and in a reasoned and
the other bodies ' shall be deleted.
14. in Section 23b para. 9, after the word "Ministry", the words ", the Czech
breeding inspection, veterinary administration authorities and authorized person under the
section 23 c ".
15. sections 26 and 27, including the following titles:
"section 26
Misdemeanors
(1) a natural person has committed the offence by
and) puts into circulation the breeding animal born in the Czech Republic, hatching
eggs of poultry or fish or bees, bovine material in breach of paragraph 21 of the
paragraph. 1,
(b)) puts into circulation the breeding animal born in other Member States
The European Union in violation of § 21 para. 2,
c) puts into circulation the breeding animal born in third countries in violation of
§ 21 para. 3,
d) puts into circulation the semen breeding animals or animals entered in
breeding registry produced in centres in the Czech
Republic in violation of § 21 para. 4,
e) puts into circulation the semen breeding animals or animals entered in
breeding registry produced outside the territory of the United States in violation of §
21, art. 5,
f) puts into circulation on the territory of the United States sperm sires registered
to the central registry of sires in violation of § 21 para. 6,
g) puts into circulation the embryos or egg cells of breeding animals or
the animals entered in the registry in violation of § 21 para. 7,
h) contrary to section 21 para. 9 moves from other Member States of the bees
or breeding fish or their bovine material or takes from the
third countries on the territory of the Czech Republic without the consent of the Ministry,
I) fails to comply with any of the obligations imposed by decision on measures to
remedy issued pursuant to § 24 para. 3 (b). (c)) or by decision of the
Special measures issued pursuant to § 25 para. 2 or 3,
j) makes it more difficult or frustrating performance inspection under this Act,
k) carries out activities to which requires the consent or recognition, without this
approval or recognition or
l) fails to comply with an obligation under the directly applicable European Union legislation on
section of breeding, breeding, marking and registration of animals.
(2) a natural person shall be guilty of an offence as a breeder, by
and does not create the conditions necessary for) the collection of data needed for the
testing and assessment in accordance with § 7 paragraph 1. 5 (b). and)
(b)) will not allow the test připařování in their establishments, verification
our stud dogs, demonstrated or assessing appearance listed
farm animals pursuant to § 7 para. 5 (b). (b)),
(c)) shall not provide breeding, their male or female offspring in poultry
hatching eggs or day-old poultry, breed them for breeding of fish
material or honey bees of the mother to a common control or for breeding
needs assessment and testing according to § 7 (2). 5 (b). (c)),
(d)) will not allow the verification of origin or genetic type determination under section 7
paragraph. 5 (b). (d)),
e) contrary to section 15(1). 1 does not apply to breeding bitch entered in
the central registry,
(f)) will not secure for the proper and safe implementation of artificial insemination for a person
authorized to perform insemination separate areas according to § 17 para. 3,
g) does not make for custom artificial insemination breeding cows who exist pursuant to § 17 para. 4,
h) will not secure for the proper and safe implementation of the transfer of embryos are separated
rooms in accordance with § 18 para. 2,
I) is not used to naturally bitch entered in the Central
breeders registry pursuant to section 19 para. 1,
j) does not record of implementation of natural service or these will not pass
designee pursuant to § 7 para. 2, or
to apply for breeding poultry), natural plemenitbou or
insemination in a recognised breeding bitch, their sperm or breeding
under section 20 (2). 1.
(3) a natural person is the owner of the animal commits an offence by
ask you to verify the origin of breeding animal or the determination of its
the genetic type in accordance with § 12 para. 6.
(4) a natural person as a breeder or person bringing into circulation
breeding animals, semen, embryos, egg cells, hatching eggs of poultry
or committed an offence-bred fish material by contrary to section 21
paragraph. 8 does not pass the data on the register or putting into circulation of authorised
to the person.
(5) a natural person as a participant in the national programme commits the offense
the fact that contrary to section 14e of paragraph 1. 5 uses for breeding the beast
registered in the national program.
(6) a natural person as the owner of the genetic resources of the animal, that is
participant in the national programme, commits an offence, by
and) fails to comply with conditions set out in the national programme and methodology under section 14f
paragraph. 1 (b). and)
(b) without delay, notify the designated person) and the threat of genetic associations
the source of the animal under section 14f para. 1 (b). (b)),
c) contrary to section 14f para. 1 (b). (c) does not assess the genetic source of the animal)
and not the documentation,
d) contrary to section 14f para. 1 (b). (d)) does not pass the specified person or
genobance pattern of biological or genetic material or does not allow
subscription to this sample,
(e) fails to notify the Department of a change) data concerning a decision on
inclusion in the national programme under section 14f para. 1 (b). (e)), or
f) notifies the designated person's intention to permanently move individuals
the genetic resources of the animal from the United Kingdom to other Member States
The European Union or its export to a third country under section 14f para. 1 (b).
(f)).
(7) a natural person as a breeder called animals commits
violation by
and will not ensure their labelling) identification according to § 22
paragraph. 1,
(b) does not guarantee the use of identification) in the labelling
known animals pursuant to § 22 para. 2,
c) contrary to section 22 paragraph 1. 5 moves known animal,
(d)) does not flow in case of loss of the identification of a resource or its
damage pursuant to § 22 para. 6,
e) remove or delete the identification of an animal known as resource
without replacing it with other means of identification in contravention of section 22 of the
paragraph. 7,
(f) remove, or deletes) the identification of the known resource
animal and replaces it with other means of identification in contravention of section 22 of the
paragraph. 8,
g) nedezinfikuje or wasted after removing identification resource
According to section 22 para. 9, or
(h)) does not mark the tura imported from third countries, which remains on the territory of the
The United States, pursuant to section 22(1) of the 11.
(8) a natural person as a breeder of registered animals commits an offence
by
and their economies are not recorded) pursuant to § 23 para. 1 (b). and)
(b)) in violation of § 23 para. 1 (b). (b) does not result in stájovém) registry data
or is it does not retain for a specified period,
(c)) does not pass the designee information pursuant to § 23 para. 1 (b). (c)), or
d) notifies the designee closure pursuant to § 23 para. 1
(a). (d)).
(9) a natural person as a breeder animals originating from
aquaculture products susceptible to diseases, which owns or holds these animals
for the purpose of selling or offering for sale, with the exception of
retail sales, or breeder breeding fish commits an offence
by
and their economies are not recorded) pursuant to § 23 para. 2 (a). and)
(b)) in violation of § 23 para. 2 (a). (b) does not result in stájovém) registry data
or is it does not retain for a specified period,
(c)) does not pass the designee information pursuant to § 23 para. 2 (a). (c)), or
d) notifies the designee closure pursuant to § 23 para. 2
(a). (d)).
(10) a natural person as a breeder of horses and donkeys and their hybrids and
breeder of cattle commits an offence by
and does not request from) the assignee ID horses or cattle passport
pursuant to § 23 para. 4 (b). and)
(b)) in violation of § 23 para. 4 (b). (b)) does not ensure that the licence of a horse
or passport of the cattle were accompanied by the correct and complete information and to
There have been recorded any amendments to them,
(c)) in violation of § 23 para. 4 (b). (c)) does, or does not assume when
movement of a registered animal together with the registered animal also
pass the horse or cattle passport, or
(d)) does not request from the authorised person's issue of a duplicate licence, horse,
replacement of the horse or cattle passport pursuant to § 23 para. 4
(a). (d)).
(11) a natural person shall be guilty of an offence as a hatchery operator by
and does not register your devices) under section 23a para. 1 (b). and)
(b)) does not pass the data relating to the identification, the number of transfers and changes
registered animals pursuant to § 23a para. 1 (b). (b)), or
(c) to notify their activities under) § 23a para. 1 (b). (e)).
(12) can impose a fine for the offense
and the 200 000 CZK), if the offence referred to in paragraph 3,
(b)) to 500 000 CZK in the case of an offense referred to in paragraph 1 (b). a) to (h))
or l), paragraph 2 (a). a) to (d)), f) to (h)), or k) or paragraph 4, 5
or 6,
(c)) to $1 000 000 in the case of an offense referred to in paragraph 1 (b). I), (j))
or k), paragraph 2 (a). (e)), i) or (j)) or paragraphs 7, 8, 9, 10, or
11.
section 27 of the
Administrative offences of legal persons and natural persons-entrepreneurs
(1) a legal entity or individual entrepreneur is committed by the administrative
tort by
and) puts into circulation the breeding animal born in the Czech Republic, hatching
eggs of poultry or fish or bees, bovine material in breach of paragraph 21 of the
paragraph. 1,
(b)) puts into circulation the breeding animal born in other Member States
The European Union in violation of § 21 para. 2,
c) puts into circulation the breeding animal born in third countries in violation of
§ 21 para. 3,
d) puts into circulation the semen breeding animals or animals entered in
breeding registry produced in centres in the Czech
Republic in violation of § 21 para. 4,
e) puts into circulation the semen breeding animals or animals entered in
breeding registry produced outside the territory of the United States in violation of §
21, art. 5,
f) puts into circulation on the territory of the United States sperm sires registered
to the central registry of sires in violation of § 21 para. 6,
g) puts into circulation the embryos or egg cells of breeding animals or
the animals entered in the registry in violation of § 21 para. 7,
h) contrary to section 21 para. 9 moves from other Member States of the bees
or breeding fish or their bovine material or takes from the
third countries on the territory of the Czech Republic without the consent of the Ministry,
I) fails to comply with any of the obligations imposed by decision on measures to
remedy issued pursuant to § 24 para. 3 (b). (c)) or by decision of the
Special measures issued pursuant to § 25 para. 2 or 3,
j) makes it more difficult or frustrating performance inspection under this Act,
k) carries out activities to which requires the consent or recognition, without this
approval or recognition or
l) fails to comply with an obligation under the directly applicable European Union legislation on
section of breeding, breeding, marking and registration of animals.
(2) a legal entity or individual entrepreneur is committed as a breeder
the administrative offense by
and does not create the conditions necessary for) the collection of data needed for the
testing and assessment in accordance with § 7 paragraph 1. 5 (b). and)
(b)) will not allow the test připařování in their establishments, verification
our stud dogs, demonstrated or assessing appearance listed
farm animals pursuant to § 7 para. 5 (b). (b)),
(c)) shall not provide breeding, their male or female offspring in poultry
hatching eggs or day-old poultry, breed them for breeding of fish
material or honey bees of the mother to a common control or for breeding
needs assessment and testing according to § 7 (2). 5 (b). (c)),
(d)) will not allow the verification of origin or genetic type determination under section 7
paragraph. 5 (b). (d)),
e) contrary to section 15(1). 1 does not apply to breeding bitch entered in
the central registry,
(f)) will not secure for the proper and safe implementation of artificial insemination for a person
authorized to perform insemination separate areas according to § 17 para. 3,
g) does not make for custom artificial insemination breeding cows who exist pursuant to § 17 para. 4,
h) will not secure for the proper and safe implementation of the transfer of embryos are separated
rooms in accordance with § 18 para. 2,
I) is not used to naturally bitch entered in the Central
breeders registry pursuant to section 19 para. 1,
j) does not record of implementation of natural service or these will not pass
designee pursuant to § 7 para. 2, or
to apply for breeding poultry), natural plemenitbou or
insemination in a recognised breeding bitch, their sperm or breeding
under section 20 (2). 1.
(3) a legal entity or individual entrepreneur, as the owner of the animal
committing an administrative offense that ask you to verify the origin of breeding
the animal or the determination of its genetic type in accordance with § 12 para. 6.
(4) a legal entity or individual entrepreneur, or as a breeder
the person bringing into circulation of breeding animals, semen, embryos, egg
cells, hatching eggs or poultry, bovine material fish commits
the offense by that, contrary to § 21 para. 8 does not register or do not pass
details of the person responsible for putting into circulation.
(5) a legal entity or individual entrepreneur, as a participant in the national
the program commits the administrative offense by that, contrary to § 4E of para. 5
It's for breeding the animal registered in a national program.
(6) a legal entity or individual entrepreneur, as the owner of
the genetic resources of the animal, which is a participant in the national programme,
committing an administrative offense, by
and) fails to comply with conditions set out in the national programme and methodology under section 14f
paragraph. 1 (b). and)
(b) without delay, notify the designated person) and the threat of genetic associations
the source of the animal under section 14f para. 1 (b). (b)),
c) contrary to section 14f para. 1 (b). (c) does not assess the genetic source of the animal)
and not the documentation,
d) contrary to section 14f para. 1 (b). (d)) does not pass the specified person or
genobance pattern of biological or genetic material or does not allow
subscription to this sample,
(e) fails to notify the Department of a change) data concerning a decision on
inclusion in the national programme under section 14f para. 1 (b). (e)), or
f) notifies the designated person's intention to permanently move individuals
the genetic resources of the animal from the United Kingdom to other Member States
The European Union or its export to a third country under section 14f para. 1 (b).
(f)).
(7) the legal entity or individual entrepreneur as a breeder
referred to animals commits an administrative offense, by
and will not ensure their labelling) identification according to § 22
paragraph. 1,
(b) does not guarantee the use of identification) in the labelling
known animals pursuant to § 22 para. 2,
c) contrary to section 22 paragraph 1. 5 moves known animal,
(d)) does not flow in case of loss of the identification of a resource or its
damage pursuant to § 22 para. 6,
e) remove or delete the identification of an animal known as resource
without replacing it with other means of identification in contravention of section 22 of the
paragraph. 7,
(f) remove, or deletes) the identification of the known resource
animal and replaces it with other means of identification in contravention of section 22 of the
paragraph. 8,
g) nedezinfikuje or wasted after removing identification resource
According to section 22 para. 9, or
(h)) does not mark the tura imported from third countries, which remains on the territory of the
The United States, pursuant to section 22(1) of the 11.
(8) a legal entity or individual entrepreneur as a breeder
registered animals committing an administrative offense, by
and their economies are not recorded) pursuant to § 23 para. 1 (b). and)
(b)) in violation of § 23 para. 1 (b). (b) does not result in stájovém) registry data
or is it does not retain for a specified period,
(c)) does not pass the designee information pursuant to § 23 para. 1 (b). (c)), or
d) notifies the designee closure pursuant to § 23 para. 1
(a). (d)).
(9) the legal entity or individual entrepreneur as an animal breeder
of aquaculture origin susceptible to diseases, which owns or
holding these animals for the purpose of selling or offering for sale, with
the exception of retail sale, the breeder or breeding fish commits
the administrative offense by
and their economies are not recorded) pursuant to § 23 para. 2 (a). and)
(b)) in violation of § 23 para. 2 (a). (b) does not result in stájovém) registry data
or is it does not retain for a specified period,
(c)) does not pass the designee information pursuant to § 23 para. 2 (a). (c)), or
d) notifies the designee closure pursuant to § 23 para. 2
(a). (d)).
(10) a legal entity or individual entrepreneur, as a breeder of horses and
donkeys and their hybrids and breeder of cattle of the administrative offense committed by
that
and does not request from) the assignee ID horses or cattle passport
pursuant to § 23 para. 4 (b). and)
(b)) in violation of § 23 para. 4 (b). (b)) does not ensure that the licence of a horse
or passport of the cattle were accompanied by the correct and complete information and to
There have been recorded any amendments to them,
(c)) in violation of § 23 para. 4 (b). (c)) does, or does not assume when
movement of a registered animal together with the registered animal also
pass the horse or cattle passport, or
(d)) does not request from the authorised person's issue of a duplicate licence, horse,
replacement of the horse or cattle passport pursuant to § 23 para. 4
(a). (d)).
(11) the Association, which is participating in the national programme, is guilty of an
the administrative offense by
and has registered to the national program) the animal according to § 4E of para. 2, or
b) contrary to section 14e of paragraph 1. 4 the item into the national program, or
shall not be registered in a herdbook or register an animal breeding as
the genetic source of the animal.
(12) a person engaged in the semen collection centre is guilty of an administrative offense
by
and the bitch) is not used in the central registry of sires registered pursuant to §
Article 16(1). 1 (b). a), or
b) contrary to section 16 para. 1 (b). (b)), or (c) does not keep operating records)
individual plemenících, semen, collected on manufactured
insemination doses or doses or issue is does not pass
the authorised person.
(13) the embryo collection Center is guilty of an administrative offense, by
does not keep operating records or otherwise pursuant to § 18 para. 1.
(14) the authorized person is guilty of an administrative offense, by
and does not provide testing and assessment) in farms or testačních
devices by persons competent or technical equipment according to the
§ 7 para. 2,
(b)) does not test or assessment of farm animals pursuant to § 7
paragraph. 3 (b). and)
(c) fails to comply with the procedures and assessment) in accordance with § 7 paragraph 1. 3 (b). (b)),
(d)) does not detect the origins, characteristics, and the characters listed economic
animals pursuant to § 7 para. 3 (b). (c)),
e) contrary to section 7 (2). 3 (b). (d)) does not register information on origin,
performance and reproduction of animals or otherwise,
(f)) does not provide advice according to § 7 (2). 3 (b). (e)),
g) in the case of termination of activity does not pass all the information and documentation referred to in §
7 (2). 3 (b). (f)),
(h)) does not progress in testing and assessment of horses according to § 7 (2). 6,
I) contrary to section 8 (2). 2 (a). (b)) does not ensure the evaluation of breeding
animals or on the outcome of the evaluation, issued the document,
j) submits the eligibility verification and certification origins and setting
genetic types of breeding animals pursuant to § 12 para. 2 (a). and)
k) contrary to section 12 paragraph 1. 2 (a). (b)) they can demonstrate participation in international
comparative tests or does not meet their criteria, permanently
l) contrary to section 12 paragraph 1. 2 (a). (c) does not provide, origin or not validated)
the genetic type of breeding animal,
m) is not used for breeding bitch entered in the central registry
studhorse under section 15 para. 1,
n does not perform the insemination or vpravování) embryos under § 17 para. 1,
about) not apply pursuant to section 17 of the sires semen para. 2 (a). and)
p) contrary to section 17 para. 2 (a). (b) does not keep records of insemination) or
It does not pass,
q) fails to comply with připařovací plan or test připařování pursuant to § 17
paragraph. 2 (a). (c)), or
r) does not report the change referred to in section 32.
(15) the designated person is guilty of an administrative offense, by
and fails to meet the conditions referred to in) the national programme under section 14f para. 2
(a). and)
b) contrary to section 14f para. 2 (a). (b)) does not register the participants
The national programme to allocate them a registration number or,
(c)) on their activities related to the national programme under section 14f
paragraph. 2 (a). (c)),
(d)) does not ensure regeneration of genetic resources animal under section 14f para. 2
(a). (d)),
e) contrary to section 14f para. 2 (a). (e)) does not make reviews of the national
program or fails to submit this assessment to the Ministry, or
(f)) does not report changes according to § 32.
(16) the authorized person is guilty of an administrative offense, by
and does not guarantee the processing and publication of) the results of the testing and assessment
and their records according to § 7 (2). 7,
b) contrary to section 8 (2). 2 (a). (d)) does not ensure reviews of breeding
animals or on the outcome of the evaluation, issued the document,
(c) does not result in the central register of Sire) under section 15 para. 2,
(d)) does not allocate breeders called animal identification resources
According to section 22 para. 3 (b). and)
(e)) will not secure the labelling of horses according to § 22 para. 3 (b). (b)),
(f)) has registered the original animal's identification number in accordance with § 22 para. 11,
g) does not provide information pursuant to Section 23b of paragraph 1. 5,
(h)) does not provide a form pursuant to section 23 c of paragraph 1. 2 (a). and)
I) does not collect information pursuant to section 23 c of paragraph 1. 2 (a). (b)),
j) does not expose the accompanying cattle or horses cards pursuant to section 23 c of paragraph 1.
2 (a). (c)),
does not pass the guidelines for livestock farmers to) pursuant to section 23 c of paragraph 1. 2 (a). (d)),
l) does not register under section 23 c of paragraph 1. 2 (a). (e)),
m) revise the database pursuant to section 23 c of paragraph 1. 2 (a). (f)),
n) contrary to section 23 c of paragraph 1. 2 (a). g) does not register in the bitch
Central Registry of sires or does not lead his or her database
revise,
o) contrary to section 23 c of paragraph 1. 2 (a). (h)) does not check identification numbers
animals and the accuracy of transmitted data or does not prompt you to breeders
delete, or to correct the data,
p) does not archive the returned of the accompanying bovine, horse sheets, and records of the
the registration of farmers and other persons referred to in section 23 c of paragraph 1. 2 (a). I),
q) does not ensure the protection and security of the data stored in the information
the system of the central register pursuant to section 23 c of paragraph 1. 2 (a). (j)),
r) contrary to section 23 c of paragraph 1. 2 (a). k) does not pass any information or documents or
does not write of this transfer in the case of annulment of the decision of the
credentials,
with) will not return passports of bovine animals the organization that issued it, according to the SEC.
23 c of paragraph 1. 2 (a). l),
t) does not record separately information is wrong or unlikely under section 23 c
paragraph. 2 (a). m),
u) contrary to section 23 c of paragraph 1. 2 (a). p) does not process or disclose
estimates of breeding values,
electronic manufacturers in) rather than allocating identifiers for labelling
animal number series referred to under section 23 c of paragraph 1. 2 (a). q), or
w) does not report the change referred to in section 32.
(17) the Association, which is participating in the national programme, is guilty of an
the administrative offense by
and) fails to comply with conditions set out in the national programme and methodology under section 14f
paragraph. 4 (b). and)
(b) the designated person of the threat) of the genetic resources of the animal pursuant to section
14F para. 4 (b). (b)),
(c) to notify the change of data on) the decision on the inclusion in the
A national programme under section 14f para. 4 (b). (c)),
(d)) does not ensure regeneration of genetic resources animal under section 14f para. 4
(a). (d)),
(e) evaluation of the species concerned does nothing) or breed genetic
the source of the animal under section 14f para. 4 (b). (e)), or
(f)) does not provide information under section 14f para. 4 (b). (f)).
(6) is guilty of an administrative offense Genobanka by
and does not retain the material under §) 14 g of paragraph 1. 3 (b). a), or
b) contrary to section 7 para. 3 (b). (b) fails to notify the emergence of situations)
meaning the risk of damage or destruction of stored material or
does not ensure measures to eliminate this risk.
(20) a recognised breeding associations committing an administrative offense, by
and) contrary to section 5 (3). 7 (b). and in its activities shall take place) in the
accordance with its breeding goal and does not evaluate the breeding programme,
or does the breeding programme or does not publish its results,
b) contrary to section 5 (3). 7 (b). b) does not result in a herd-book or
does not register breeding animals or breeding does not result in, or register
does not register a flock of birds, fish or bees,
(c) compliance with the provisions of the order) does not check the stud-book or breeding
registration pursuant to § 5 para. 7 (b). (c)),
d) contrary to section 5 (3). 7 (b). (d)) shall not issue, not validated or does not check
the pedigree breeding animals, poultry, and fish
certificate of origin of the parent flock
e) contrary to section 5 (3). 7 (b). (e)) does not register or disclose hereditary
flaws and peculiarities,
f) contrary to section 5 (3). 7 (b). (f)) does not ensure the reviews listed
livestock or will not issue its outcome documents,
g) does not provide information about breeding animals pursuant to § 5 para. 7 (b).
(g)),
h) fails to provide the designated person or the Ministry of information pursuant to § 5 para. 7
(a). (h)),
I) does not flow when testing and assessment of horses according to § 7 (2). 6,
j) does not take the test results and the assessment pursuant to § 7 para. 8, or
does not report changes to) pursuant to section 32.
(20) the pig Rearing business commits an administrative offense, by
and) contrary to section 6 (1). 4 (b). and in its activities shall take place) in the
accordance with its breeding goal and does not evaluate the breeding programme,
and does the breeding programme and does not publish its results,
(b)) does not result in breeding register according to § 6 paragraph 1. 4 (b). (b)),
(c) compliance with the provisions of the order) does not check the registry under section 6 of the breeding
paragraph. 4 (b). (c)),
d) contrary to section 6 (1). 4 (b). (d)) shall not issue, not validated or does not check
proof of origin
e) contrary to section 6 (1). 4 (b). (e) does not process or disclose) breeding
values,
f) contrary to section 6 (1). 4 (b). (f)) does not make the animal or reviews
will not issue its outcome documents,
g) does not provide information about the animals pursuant to § 6 paragraph 1. 4 (b). (g)),
h) fails to provide the designated person or the Ministry of information according to § 6 paragraph 1. 4
(a). (h)),
I) does not apply to breeding bitch entered in the central registry
studhorse under section 15 para. 1, or
j) does not report changes according to § 32.
(21) the operator of the slaughterhouse, the operator of an incubator, the operator
Assembly Centre, the user equipment or rendering
the company is guilty of an administrative offense, by
and) contrary to Section 23a para. 1 (b). and does not register your devices)
(establishment) or doesn't report changes,
(b)) does not pass the data relating to the identification, the number of transfers and changes
registered animals pursuant to § 23a para. 1 (b). (b)),
(c)) on the transfer of the animal does not assume accompanying cattle or licences
horses under section 23a para. 1 (b). (c)),
(d)) does not ensure to send Passport cattle or horses to a licence pursuant to §
23A para. 1 (b). (d)), or
e) notifies the closure under section 23a para. 1 (b). (e)).
(22) the trader is guilty of an administrative offense, by
and) contrary to Section 23a para. 2 (a). and the changes are not recorded or not notified),
(b)) does not pass the data relating to the identification, the number of transfers and changes
registered animals pursuant to § 23a para. 2 (a). (b)),
(c)) on the transfer of the animal does not assume accompanying bovine animals pursuant to § 23a
paragraph. 2 (a). (c)), or
d) notifies the closure under section 23a para. 2 (a). (d)).
(23) the carrier shall be guilty of an administrative offense, by
and) is not registered under section 23a para. 3 (b). a), or
b) contrary to Section 23a para. 3 (b). (b)) does not assume or does not pass at
the transfer of the animal accompanying cattle or horses.
(24) an administrative offense shall be fined
and the 200 000 CZK), in the case of an administrative offence under paragraph 3 or 13,
(b)) to 500 000 CZK in the case of an administrative offence referred to in paragraph 1 (b). a) to
h) or l), paragraph 2 (a). a) to (d)), f) to (h)), or k) or paragraph
4, 5, 6, 11, 15, 17, 18, 19 or 20,
(c)) to $1 000 000 in the case of an administrative offence referred to in paragraph 1 (b). I),
(j)) or k), paragraph 2. (e)), i) or (j)) or paragraphs 7, 8, 9, 10,
12, 14, 21, 22 or 23,
(d)) to 2 000 000 CZK in the case of an administrative offence under paragraph 16. ".
16. in section 28 para. 1 the words "failure or" shall be deleted and the word
"violation" shall be inserted after the word "legal".
17. in section 28 para. 3, after the word "Responsibility" is inserted after the word "legal".
18. in section 28 para. 5, the word "business" ^ 4) "shall be replaced by
"business ^ 20)".
19. In article 29, paragraph 1 shall be deleted and shall be deleted at the same time, paragraph
2.
20. in section 29b para. 6 and section 29e para. 2, the words ' of the European
the Community ' shall be replaced by the words "European Union".
21. in paragraph 33, the words "§ 14 para. 19 "shall be replaced by the words" § 14a para. 5, §
14E para. 6, section 14f para. 6, § 7 para. 6. "
Article II
Transitional provisions
1. the proceedings initiated before the date of entry into force of this law and this
the date of the unfinished completes and the rights and obligations related to
assessed according to the Act No. 155/2000 Coll., in the version in force before the date of
entry into force of this Act.
2. the designated person may operate the genobanku pursuant to Act No. 155/2000 Coll.
in the version in force before the date of entry into force of this Act,
for a maximum period of 6 months from the date of entry into force of this Act.
Article. (III)
The effectiveness of the
This Act shall take effect on the 15th day following the date of its publication.
Hamáček in r.
Zeman in r.
Sobotka in r.
