326/2004 Sb.
LAW
of 29 April 2004. April 2004
of plant health care and some related laws
Change: 626/2004 Sb.
Change: 444/2005 Sb.
Change: 131/2006 Sb.
Change: 189/2008 Sb.
Change: 249/2008 Sb.
Change: 291/2009 Sb.
Change: 490/2009 Sb.
Change: 102/2010 Sb.
Change: 227/2009 Sb.
Change: 281/2009 Sb.
Change: 245/2011 Sb.
Change: 199/2012 Sb.
Modified: 18/2012 Coll. 199/2012 (part), 503/2012 Sb.
Change: 199/2012 (part), 279/13 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
PLANT HEALTH CARE
TITLE I OF THE
BASIC PROVISIONS
§ 1
The subject of the edit
(1) this law incorporates the relevant provisions of the European Union ^ 1),
at the same time builds on the directly applicable European Union ^ 67) and
regulates the rights and obligations of natural and legal persons relating to the
and) protect plants and plant products against harmful organisms, and
disorders,
(b) protection against the introduction of) organisms harmful to plants or
plant products to the Czech Republic from other Member States
The European Union and from third countries, and against their spread within the
The Czech Republic and against the introduction of harmful organisms into the territory of the
the other Member States of the European Union and third countries,
(c)) the conditions of placing on the market, use and control of plant protection
plants (hereinafter referred to as "products"), and other resources on plant protection products
(hereinafter referred to as "other resources"),
d) placing on the market and control of active substances intended for use in
the form of the products,
(e) reducing negative impact) harmful organisms and the use of
products and other resources on the health of humans, animals and the
environment,
f) placing on the market, use and control testing machine
plant protection products (hereinafter referred to as "machinery").
(2) the law lays down the scope of the administrative authorities in the field of plant health
care, the range and performance of the plant supervision and mandating
emergency phytosanitary measures, provides vocational
plant health activities and requirements for professional competence in the
their performance, pay the costs for professional tasks, and penalties for
breaches of the obligations laid down by this law.
§ 2
The basic concepts
(1) for the purposes of this Act, means the
and plants) live plants and live parts of plants, including seeds, while
for the live parts of plants,
1. the fruit in the botanical sense, with the exception of fruit frozen to a temperature of
less than minus 18th. (C) (hereinafter referred to as "deep frozen"),
2. vegetables, with the exception of deep frozen,
3. tubers, bulbs, rhizomes and other underground section used to
the reproduction,
4. cut flowers,
5. branches with leaves or pins,
6. cut the trees with leaves or pins,
7. leaves or pine needles,
8. plant cell culture, and mesh
9. live pollen,
10. the scions, buds and pulp and
11. other parts of plants, which may be established in accordance with
Regulation of the European Union "^ 1a),
(b) under subparagraph (a)) seeds) seeds in the botanical sense, other than those
which are not intended for cultivation ("seed"),
c) plant products products of plant origin, unprocessed or
processed in a simple manner, such as milling, drying or pressing,
If they are not plants,
(d)), other objects of objects other than plants or plant products,
that may be carriers of harmful organisms of concern and are subject to the official
measures,
e) wood wood is totally or partially preserved natural round
the surface, with or without bark, or in the form of chips, particles, sawdust,
wood residues and wood waste; with the exception of the provisions relating to the
the importation and placing on the market of the plants, plant products and other objects
laid down in the implementing regulation for wood also wood,
fill in the form of dunnage, pallets, packing material, or
used for the transport of objects of all kinds, provided that
represents the phytosanitary risk,
f) cultivating activities associated with the location of the plants, which provide
their further growth or reproduction,
g) plants intended for cultivation of plants shall or planted,
intended for planting or transplanting after their relocation, or
yet nevysazené or nevyseté plants, intended for planting,
h) strain or biotypem file of individuals of one species of malicious
the organism that is genetically stable and its properties
different from other genetically the same species of steady file of individuals,
I) harmful organisms of any species, strain or biotype of plant,
animal or zoonotic diseases (such as viruses, bacteria, fungi) pests
plants or plant products,
j) disorders of plants harmful changes caused by the plants or
plant products adverse physical and chemical factors
the integrated plant protection summary) measures, which, after considering
all available plant protection methods inhibit the development of stocks
harmful organisms, support natural mechanisms of protection against
harmful organisms and reduce the risks to human health and the
environment,
l) monitoring of harmful organisms, the process of continuous monitoring
the occurrence of harmful organisms and assessing associated risks,
m) sensing the presence of harmful organisms of official monitoring carried out by the
by the competent authority on a specific territory in a specified period for the purpose of
detect the presence of the harmful organism or to determine the characteristics of its
of the population,
n) plant Passport official document that certifies that it
marked plants, plant products or other objects concerned satisfy the
the provisions of legislation of the European Union "^ 1") relating to their
the placing on the market, and that is
1. in the framework of the European Union consistently adapted for different types of plants,
plant products and other objects,
2. set the competent official body of the Member State of the European Union and
3. issued on the basis of the legislation of the European Union, "^ 1"), as appropriate,
This law, which determines the details of the procedure for the issue of
plant passports
about) a phytosanitary certificate an internationally recognized official document about
the origin and the State of health of the consignment,
p) areas free of a particular organism, the territory in which the
This harmful organism, which is not officially documented, and in
which, if necessary, apply the official measures to maintain this
the State,
q) the eradication of the use of appropriate measures and procedures to eliminate malicious
the organism in a particular territory,
r) protected zone of the territory,
1. where it is not established, the original or one or more of the harmful
organisms laid down by the legislation of the European Union ^ 1) and established in
one or more parts of the territory of the European Union, despite the fact that the
the conditions for its establishment are appropriate in this territory, or
2. in which there is a risk of the harmful organism to certain installation
the crop as a result of favourable environmental conditions, although this
the organism is not on the territory of the European Union established the original or,
^ 1) the harmful organism is considered established in a certain area,
If it is known that it exists and has not received any official
measures to eradicate, or if these measures prove
ineffective in at least two consecutive years,
with) a buffer zone of the territory in which the harmful organism
does not occur or is carrying out official measures against him, and that
adjacent to a region free of a particular organism or to a protected
zone or to the territories in which the subject of official measures due to
the occurrence of the harmful organism,
t) production area, object, land and their accessories or
their file, used as a separate production unit, including
Connecting equipment and devices,
u) Member State of the European Union, a Member State of the European Union, the Contracting
State to the agreement on the European economic area or the Swiss
Confederation (hereinafter referred to as "the Member State of the European Union")
in a third country), which is a Member State of the European Union, Ceuta and
Melilla,
w) official statement or declaration or a measure taken by a measure
or received
1. in the cases concerning the issuance of phytosanitary certificates and
phytosanitary certificates for re-export in documentary or electronic
the form of the representatives of the official plant protection organisation of a third country or
other technically eligible civil servants by the organisations
responsible for;
2. in all other cases, either by the persons referred to in point 1 or
qualified employees of one of the responsible official bodies
the Member State of the European Union, provided that these employees
they are not personally involved in the results of the measures taken by them,
x) areas used by the general public or by vulnerable groups
^ population 79), in particular, public parks or gardens, public spaces
inside the villages, cemeteries, sports facilities, recreational areas, schools or
school grounds, children's playgrounds, medical equipment,
providing medical care or cultural facilities,
s) alternative methods to non-chemical methods, the use of chemical
plant protection products based on agronomic practices, or
physical, mechanical or biological methods of protection from harmful
organisms,
the application of device), a device specifically intended for the
the application of, in particular, self-propelled, návěsná, towed, mounted on
the train, on the plane, as well as a stationary device designed for application
products, portable motor driven or manually operated portable
equipment and hand held device with a pressure Chamber, including accessories
necessary for the efficient operation of such a device, such as in particular the nozzle,
pressure gauges, filters, strainers and cleaning devices for tank.
(2) for the purposes of this Act, means
and) placing on the market of commercial storage, offering for sale, sale or
any other form of transfer of plants, plant products and other
objects to another person on the territory of the European Union in the framework of the business; for
the placing on the market does not constitute imports and exports to third countries,
(b) the quantity of goods, consignment) that is exported from the Czech Republic to the third
country or imported from a third country into the Czech Republic or ^ 2) pass through the
The Czech Republic, and which is covered by a separate document required to
proceedings before the Office, or to another control, such as
phytosanitary certificate or other document or marking of the goods;
the consignment may consist of one or more lots,
(c) the amount of one commodity lots), which is identifiable by the
homogeneous composition and origin
(d)) the importer of the natural or legal person, or
by other natural or legal persons transported a consignment of
third country across the State borders of the Czech Republic, with the exception of direct
transit, ^ 2)
e) reexportem export of plants, plant products and other objects,
that were not produced or manufactured on the territory of the European Union, in
third countries,
(f) growing substrate) of any material in which to grow roots
plants or is intended for this purpose,
(g)), the distributor of the person placing the product on the market,
h) professional user a person, including operators, technicians,
employers and self-employed persons, which uses
preparations in the framework of their professional activities, both in the field of agriculture,
as in other sectors.
and the quantity of product produced) batches or prepared in one
the production cycle and the procedure or homogenised during preparation or
production; the basic character of the lot is its homogeneity,
j) input the place where plants, plant products or
other objects the first time entering the customs territory of the European Union: in the case of
air transport, the airport, in the case of sea or river transport, port,
in the case of rail transport, railway stations, in the case of other
transport headquarters of the Customs Office in whose territorial scope, exceeds
land borders of the European Union towards on their territory,
the Office of point of entry to) the authority responsible for the execution of the
plant health care in accordance with the regulation the European Union ^ 68) in the Member State
The European Union, which is subject to a point of entry,
l) by the Office of destination, the authority responsible for the execution of the
plant health care in accordance with the regulation the European Union ^ 68) in the Member State
The European Union in the territorial scope of the Customs Office of destination,
m) Customs Office of point of entry Office of point of entry as defined under
the letter s),
n) Customs Office of destination Office of destination in accordance with the regulation of the European
Union ^ 4a),
about) customs treatment or use customs destination
referred to in regulation the European Union ^ 4b)
p) transit transport of goods which are subject to supervision by the Customs authorities of the
one place to another in the customs territory of the European Union, as stated in the
Regulation of the European Union ^ 4 c) and how it corresponds to the Convention on a common
transit between countries of the European Free Trade Association
(EFTA) and the European Economic Community ^ 4 d)
r) Advisor to the person within your business or employment
provides consulting in the area of protection from harmful organisms and
related disorders of plants and the safe use of the products,
with the risk indicator for the outcome) of the calculation method, which is used for
the use of risk assessment on the human health or the
environment,
t) mechanizačním means a device for the application of the products and
the technical equipment to control harmful organisms,
the certificate of the third degree) a document certifying that a natural person may
in the context of their professional activities to provide advice in the field of
protection of plants against harmful organisms and related
disorders of plants and the safe use of the products,
distribute products for professional use and organize courses and
training to obtain and renewal of certificates under section 86,
in the second instance) certificate, a document certifying that a natural person may
in the context of their professional activities during the use of control
management of products and carry out supervision of the handling of products,
If these activities are not reserved for the holder of the certificate of the third
the degree,
w) certificate of first instance document certifying that a natural person may
dispose of the preparations under the leadership of the holder of the certificate or
the third degree of the waste products.
(3) basic concepts referred to in paragraphs 1 and 2 are without prejudice to the terms
in the directly applicable regulations of the European Union ^ 69).
TITLE II
PROTECTION OF PLANTS AND PLANT PRODUCTS AGAINST HARMFUL ORGANISMS, AND
PLANT DISORDERS
§ 3
The basic obligations of natural and legal persons
(1) a natural or legal person who cultivates, produces, processes
placing on the market or the plants, plant products or other objects, and
the owner of the land or of the object or person that is used from another
the rule of reason, are required to
and to identify and limit the occurrence) and the spread of harmful organisms, including
weeds so that the damage suffered by other persons or prevent damage
the environment or risk to human or animal health,
(b)) use to care for plants, plant products and other
the subjects of the products against harmful organisms, additional resources and
mechanisation of the use permitted under this Act, and
in a way that does not damage the surrounding vegetation, human and animal health or the
the environment.
(2) natural and legal persons that are required to fulfil the obligations
saved them by this law, are obliged to carry out in the field
plant health care also the tasks arising for them from immediately
binding legal regulations of the European Union.
§ 4
Plant protection products in terms of food safety
When the storage of plant products are the operators of depots are obliged to
and stored separately) plant products unfit for production
food or feed,
(b)) to monitor the occurrence of harmful organisms in the premises of warehouses in
of the stored products and to minimize the possibility of their negative
effects on the quality and safety of stored products,
(c)) to keep a record of the occurrence of harmful organisms and their skinny;
the registration formalities laid down detailed legal prescription.
§ 5
Integrated plant protection
(1) Measures the integrated plant protection products and keep
other methods of protecting plants at levels which can be economically
and ecologically, with the emphasis on growth
healthy crops at the least disruption of agricultural and forest
ecosystems.
(2) professional users are obliged, under the conditions referred to in
paragraph 1 shall apply the General principles of integrated plant protection, which
include in particular the
and the methods for monitoring the occurrence of) harmful organisms and to the protection of
plants of the related disorders of plants and for decision-making in the area of
integrated plant protection,
(b)) the preventive measures and direct methods of protection of plants, which have
the smallest side effects on human health, non-target organisms and the
environment,
c) measures to prevent resistance to harmful organisms products
(hereinafter referred to as "antirezistentní strategy") and the
(d) the method of authentication used) the success of measures in the area of
integrated plant protection.
(3) the General principles of integrated plant protection referred to in paragraph 2 shall set
the implementing legislation.
(4) the central control and testing Institute of agriculture (hereinafter referred to as "the Institute")
and monitoring of harmful organisms), and with the protection of plants
the related disorders of plants and the conditions for the spread of harmful
organisms,
(b)), the current information on the publish harmful organisms including
warning of the risk of the achievement of the values of the thresholds of the harmfulness of harmful
organisms and the risk of disorders related to the protection of plants
plants,
(c)) collects and publishes the available data on the risk of resistance
harmful organisms to the preparations and on measures to prevent drug resistance
harmful organisms to products (hereinafter referred to as "antirezistentní
strategy "),
(d)) ensures the availability of products for the application of the integrated protection
plant and antirezistentních strategies and
e) collects and exposes the methodological procedures for the application of the General
principles of integrated plant protection for plants and plant groups with
using the results of the activities of the scientific research base.
§ 6
Check the State of health of a breeding, propagating and
of reproductive material
(1) a natural or legal person who proposes to grow a seed,
propagating material or under special laws
regulations ^ 6) ^ 7), before the establishment of the relevant crop may ask
the phytosanitary administration of the execution of the survey of the occurrence of the harmful
organisms whose presence is an obstacle to the recognition of these plants.
The survey shall be carried out in the place designated for the production of this material,
where appropriate, in the immediate vicinity of the place. The types of plants, which
the option to conduct a survey of concerns, and provides for more details
the implementing legislation.
(2) if the Department finds in the stand or on propagating or reproductive
material according to the specific legislation of a ^ 6) ^ 7) occurrence of harmful
organisms whose presence is an obstacle to the recognition of these plants,
shall inform in writing the Ministry.
(3) the Ministry shall inform the Institute about the occurrence of harmful organisms
detected when checking the health status of seed, or
breeding and planting crops or reproductive material
forest tree species.
§ 6a
cancelled
TITLE III
MEASURES TO PREVENT THE INTRODUCTION AND SPREAD OF HARMFUL ORGANISMS
Basic measures
section 7 of the
The prohibition on the introduction and spread of harmful organisms and imports and
the movement of plants, plant products and other objects
(1) Implementing legislation provides for harmful organisms and plants,
plant products and other objects contaminated by harmful organisms,
It is prohibited to zavlékat and expand the territory of the
and the European Union),
(b) the relevant protected zones).
(2) the prohibition in paragraph 1 (b). and) shall not apply to cases
laid down in accordance with the procedure laid down in the regulation the European Union ^ 1a)
concern the weak presence of the harmful organisms concerned laid down in the implementing
legal regulation on the plants, which are not intended for cultivation, or
the permitted tolerances for harmful organisms, as laid down in the implementing
legal regulation on plants intended for cultivation. The Institute shall publish the
these cases in the Journal.
(3) in accordance with the procedure laid down in the specific regulation of the European Union "^ 1a)
the competent authority of the European Union to lay down measures against the introduction into the community and
spreading harmful organisms,
and) are not listed in paragraph 1,
(b)) are referred to in paragraph 1, but other than in paragraph
1 the said plants, plant products or other objects,
or
(c)) are referred to in paragraph 1, but are in an isolated State.
(4) the Institute shall publish the measures referred to in paragraph 3 in the Journal or shall order
pursuant to section 76, paragraph. 2.
(5) the implementing legislation provides for plants, plant products and
other objects, which is prohibited
and imported into the European Union), if you come from certain countries,
(b)) and move to the import of the protected zones,
(c)) to import and position if you are not satisfied the special requirements,
(d)) to be imported into the relevant protected zones and move inside these
zones, if specific requirements are met.
(6) the country referred to in paragraph 5 (a). and), the protected zone referred to in paragraph 5
(a). (b)), and (d)) and the special requirements referred to in paragraph 5 (a). (c)), and (d))
lays down detailed legal prescription.
(7) the provisions of paragraph 5 (b). (c)), and (d)) shall not apply to small quantities of
plants, plant products, foodstuffs or animal feedingstuffs for animals
they are intended for use by the owners or the beneficiaries to nevýrobním or
non-commercial purposes or for consumption during transport, if does not exist
the danger of the spread of the harmful organisms referred to in section 10, paragraph 1. 1 or
harmful organisms whose introduction into, and spread against are
measures referred to in paragraph 4 or in accordance with § 11 (1). 2 and 3. Small
the quantities of plants, plant products, foodstuffs or animal feedingstuffs for animals
lays down detailed legal prescription.
§ 8
Permit the import, movement and the use of harmful organisms, plants,
plant products and other objects for trial, scientific and
breeding purposes
(1) the Institute may, on the request of natural or legal persons
decide that the provisions of section 7 (1). 1, 3 and 5 do not apply to the importation and
the movement of harmful organisms, plants, plant products and
other objects for trial or scientific purposes or for work on
breeding of varieties ("quarantine") and on their
possession and the other handling under the conditions which it lays down. To
the exclusion of risks associated with the importation, movement and přechováváním
the quarantine and other material handling provides detailed
legal regulation
and the requirements for an application permit) possession of quarantine material and
other handling,
(b) the requirements for an application for authorisation) of import quarantine material
third country or its transfer from another Member State of the European
Union to the Czech Republic or in protected zones on the territory of the Czech Republic,
or its relocation in the context of the Czech Republic,
(c)), the criteria that must be satisfied that there is a risk of spreading
the harmful organism outside the areas designated for the quarantine storage
and other material handling or during his or
the movement,
(d) details of the procedure and conditions for) the issue of permits for the handling of
quarantine material and the period of validity of the authorisation,
(e) the procedures for removing hidden) infestation of plants, plant
products and other objects harmful organisms and for their release from
storing and handling mode,
(f)) how to check the fulfilment of the conditions laid down for safe handling
with the quarantine and how to escape the harmful organism,
g) conditions under which they are to be the plants, plant products and other
articles accompanied by a phytosanitary certificate or plant
Passport and particulars of such documents.
(2) Enables the Institute referred to in paragraph 1, the importation of quarantine material
third countries and or its transfer from another Member State of the European
Union to the Czech Republic or in protected zones on the territory of the Czech Republic
and or its relocation in the context of the Czech Republic, shall issue to the applicant
permission to import or transfer. In the case of the movement
the quarantine material from another Member State of the European Union to the Czech
Republic or in protected zones on the territory of the Czech Republic must be
permission confirmed by the responsible official body of the country, for the protection of plants
its origin. Permission to accompany the competent quarantine material when
the entry on the territory of the Czech Republic and his movements after this territory.
The permission form lays down detailed legal prescription.
(3) the Institute, in accordance with paragraph 1 shall approve the relocation of the quarantine
material from the Czech Republic to another Member State of the European Union, and
This confirmation of the permission for his movement, which was issued in
to this end, the responsible official body for the protection of the plants of the Member
State of the European Union, which is the competent quarantine material
relocated.
(4) If during the movement of the quarantine of the material from the Czech Republic
on the territory of another Member State of the European Union exhibits
the plant passport, the Institute shall issue it on the basis of the information referred to in
the permission issued by the responsible official body for the protection of
the plants of the Member State of the European Union and the Institute officially registered as received.
When the movement of the material must be complied with the conditions for quarantine
isolation.
(5) the Institute may at any time in the course of the activities authorised pursuant to paragraph 1
This activity will not be disabled if the conditions laid down in the implementing
legal regulation and decision or the authorization of the Institute. The appeal against the
the decision about this ban does not have suspensory effect.
§ 9
Reporting obligation
Anyone who has found the presence of or has reason to suspect the presence of
the organism provided for by the implementing regulation, is
obliged to this finding or reasonable suspicion immediately to report the Institute
either directly or through the local authority. The local authority without delay
communicate this information to the Institute in writing. After receiving this information, the Department of
It shall proceed in accordance with § 11 (1). 1.
§ 10
Monitoring and survey of the occurrence of harmful organisms
(1) the Institute carries out monitoring and on the territory of the Czech Republic also performs
a survey of the occurrence of the
and) harmful organisms referred to in § 7 (2). 1 (a). and)
(b) harmful organisms), which on the territory of the Czech Republic have not yet been
detected, and invasive harmful organisms laid down in the implementing
the law, if they represent for plants or plant
products on the territory of the grown, manufactured or stored, or
for the environment, the risk referred to in paragraph 2.
Invasive harmful organism means an organism in a particular
the territory of a non-original, that is, after the introduction and establishment in that territory
adversely affect the plants or the environment, including its
biological diversity.
(2) the Institute evaluates the level of risk of the introduction and spread of harmful
organisms referred to in paragraph 1 on the territory of the Czech Republic and their
the potential impact on the health status of plants and plant products, which
are grown or stored on the territory of the Czech Republic, where appropriate, on the
environment; to detect the presence of such a harmful organism
evaluating this risk promptly.
(3) the assessment of risks referred to in paragraph 2 shall be carried out in accordance with the
the EU regulation ^ 9), on the basis of
and continuous evaluation of the extent) of the composition and origin of the imported and
provážených with regard to the possibility of introduction of harmful
organisms,
(b) assessment of the extent and systematic) results of monitoring and survey
the occurrence of harmful organisms is carried out in accordance with paragraph 1,
(c)) of the available scientific knowledge on the relevant harmful organisms,
in particular, about their biology and skills active dissemination,
(d) assessment of the potential economic importance) of the relevant
harmful organisms for the Czech Republic with regard to the composition and scope of the
cultivated plants,
(e) an assessment of the available methods of protection) against dissemination of relevant
harmful organisms.
(4) the Institute records the occurrence or absence of harmful organisms
referred to in paragraph 1 on the territory of the Czech Republic on the basis of the results of the
monitoring and survey referred to in paragraph 1 or on the basis of other Institute
the verified information. The scope and method of keeping lays down detailed
legal prescription.
(5) the Department shall immediately notify the Commission and the other Member States
Of the European Union
and the presence of harmful organisms) laid down by the implementing regulation
on the territory of the Czech Republic,
(b) the presence of harmful organisms) laid down by the implementing regulation
on the part of the territory of the Czech Republic, where their occurrence has not yet been
I know,
(c)) the occurrence or suspicion of the occurrence of harmful organisms not listed in
(a)), and (b)), the occurrence of which on the territory of the Czech Republic has not yet been
I know, and
d) measures that, in this context, the Institute has established or proposes to
provide for under section 11 to prevent the spread of these harmful organisms on
the territory of the other Member States of the European Union.
(6) the staff of the Institute are in the implementation of the survey of the occurrence of the harmful
organisms referred to in paragraph 1 and of the monitoring of harmful organisms referred to in § 5
paragraph. 1 are entitled to
and) take in connection with the exploration, photos
(b)) to enter and drive vehicles into objects on land and
to operating and storage space and the devices on which or in
which are grown, stored, or processed in plants, plant
products or other objects, and to the extent necessary to remove their
samples, products or other products. Sampling shall
as for sampling during the inspection.
§ 11
Measures when detecting the presence or suspected presence of harmful
organisms
(1) If the Department finds the presence or suspected presence of harmful
organisms referred to in section 10, paragraph 1. 5 (a). and (b))) and provides for exceptional
plant-health measures under section 76 to ensure the eradication of these
harmful organisms. If this is not possible, provided exceptional
plant-health measures under section 76 to prevent their further spread.
(2) if the Department finds, pursuant to section 10, paragraph 1. 2, that consignments of plants, plant
products or other objects from third countries represent the immediate
danger of the introduction or spread of the harmful organisms referred to in section 10
paragraph. 5 (a). and (b)) and promptly announce in), Journal and or require
the measures referred to in section 26, paragraph. 1 or 3 needed for the protection of the territory of the European
of the Union from that danger and shall inform the Commission and the other Member
States of the European Union.
(3) if the Department finds, pursuant to section 10, paragraph 1. 2, that there are other immediate
the danger of the introduction or spread of harmful organisms, than is shown in the
paragraph 2, it shall immediately notify the Commission and the other Member States
The European Union, the measures to be taken. If the Commission has not taken
These measures and is at the same time of the introduction or spread of the competent
the harmful organism on the territory of the Czech Republic, the Institute may declare in
Journal or order under section 76, paragraph. 2 the measures that will be considered
as necessary, until the until the Commission does not provide for the appropriate measures
According to a special regulation in the European Union. ^ 10) if the Commission of such measures
accepts, the Institute shall publish in the Gazette is, or is ordered under section 76
paragraph. 2.
The marketing of the plants, plant products and other objects on the market
§ 12
Registration of importers of plants, plant products and other objects and
persons, which is placed on the market
(1) Operating a natural or legal person who
and placing on the market) certain plants, plant products and other objects
grown or produced in the territory of the Czech Republic,
(b) imports of certain) the plants, plant products and other objects, with the
the exception of importers who import is only for your own use or to
consumption during transport, provided that in doing so, there can be no extension
the harmful organisms,
c) operates on the territory of the Czech Republic the joint business warehouse
Dispatch Center or the packer of certain plants, plant products
and other articles, or these plants and plant products on the territory of the
The Czech Republic is grown or
(d) calls on the issue of replacement) plant passports under section 19 or
permission to issue under section 17,
must be entered into the official register under the registration number.
(2) the plants, plant products and other objects which are subject to
the provisions of paragraph 1 (b). and (c))), lays down the detailed legal prescription.
(3) the application for registration shall be submitted to the Institute.
(4) the Department registers the applicant within 3 months from the date of receipt of the request
in accordance with paragraph 3, if it finds that the applicant is competent to carry out
the obligations laid down in section 13, and with regard to the scope of the registration
also special conditions under section 15(2). 1 or obligations resulting from the
emergency phytosanitary measures ordered under section 76, paragraph. 2.
Registration Department shall issue the applicant a document designation
a person registered in the official register referred to in paragraph 1, the registration
the number of the activity for which the person is registered in the official registry,
and the date of registration.
(5) if the Department finds that the applicant is not qualified to perform the duties and
the conditions referred to in paragraph 4, it shall decide to reject the application.
(6) the Institute shall cancel the registration at the request of registered persons or can
to cancel the registration or suspend its validity in the event of
the findings especially gross or repeated violation of the obligations laid down
in section 13.
(7) the request referred to in paragraph 3 lays down detailed legal
prescription.
(8) the Commission has, on request, access to the register referred to in paragraph 1.
(9) the registration Obligation is fulfilled and registration in another Member State
The European Union ^ 71). This is without prejudice to the obligation of registered persons
According to § 21. 6.
section 13
Obligations of registered persons
(1) a person referred to in section 12, paragraph. 1 is required to
and to keep and maintain the register) about her grown, produced,
stored, transmitted or otherwise used plants,
plant products and other objects, the extent, the way the leadership
and the retention period laid down detailed legal prescription,
(b) to enable the Institute to carry out actions) laid down in this Act in places
the cultivation, production, storage and possession of plants, plant
products and other items and to provide the necessary assistance,
information and documents; for this purpose must be personally accessible to the
the needs of the Institute, where appropriate, may authorize the Institute to come into contact with another person with
the necessary expertise in the field of crop production and in
related issues of the health status of plants and plant
products,
(c)) to perform inspection of plants, plant products and other objects
referred to in section 12, paragraph. 1 (a). and), focusing on findings of facts
referred to under point 1 (d)), to the extent necessary, in good time
and in a manner that provides, in the journal of the Institute,
(d) notify the Institute)
1. without delay an unusual (for example, in a given territory undetected or
extremely intense) presence of harmful organisms or symptoms
harmful organisms or other abnormalities on the plants,
plant products or other objects referred to in section 12, paragraph. 2,
2. any changes to the data that are the content of the official registry pursuant to section
12 paragraph. 1, without undue delay, but not later than within 1 month from the
the date when the relevant changes occurred,
(e) request the Institute to carry out) the continuing plant health checks
plants, plant products and other objects referred to in section 12, paragraph.
1 (a). and); model application and information about the method and terms of
the submission provides to the applicant and published in the journal of the Institute,
(f) to maintain and update the plan) the land and buildings in areas in which the
plants, plant products or other objects referred to in section 12 of the
paragraph. 1 (a). and) grown, produced, stored or used or in
that these plants, plant products or other objects
occur, and this plan provide the Institute before continuing
plant health checks under section 15; the pattern of land and plan management
the objects and information about the method and terms of his transfer Institute
the Institute provides the persons registered pursuant to section 12 paragraph. 1 and published in the
Journal.
(2) the Institute may, on the basis of the results of the systematic plant health checks
under section 15, paragraph. 2 and 3, or a plant supervision pursuant to § 74
order the official measures referred to in section 75 a person pursuant to section 12 paragraph. 1 perform in
extent necessary, one or more operations to plant health regime
improve the health status of plants, plant products or other
objects and to ensure their identity to the connection time
plant passports under section 20 (2). 1. These acts are, in particular,
the special examination, sampling, handling, labelling, placement in isolation
or the destruction of the plants, plant products and other objects, as well as
actions necessary to meet the specific requirements laid down in the implementing
legal regulation.
§ 14
The conditions for the movement of plants, plant products and other
the subjects of the
(1) Implementing legislation provides for
and) plants, plant products and other objects which may not be
moved to the territory of the Member States of the European Union, if, for
their packaging or to the means of transport, which is not
connected to the plant Passport referred to in section 18, paragraph. 1, or if you do not meet the
specific requirements laid down by the same implementing legislation,
(b)) of the protected zone and the plants, plant products and other objects which
to them, and then inside of them may not be moved, if to them, to
their packaging or to the means of transport, which is not
plant Passport attached to the relevant protected zone,
confirming that the specific requirements laid down are met for this zone
the same in the implementing legislation.
(2) the provisions of paragraph 1 (b). and does not apply to the supply of seed) bearing
documents issued under the special legal regulation, ^ 6) if confirmed
compliance with the specific requirements laid down by the implementing regulation.
(3) the provisions of paragraph 1 (b). (b)) shall not apply to plants, plant
products and other items that meet the conditions for the movement of
through the protected zone within this zone established under section 30, paragraph.
1.
(4) the provisions of paragraph 1, the territory of the Czech Republic shall not apply to
the movement of plants, plant products, foodstuffs or animal feedingstuffs
the animals, which are intended for use by the owners or the beneficiaries to the
nevýrobním or non-commercial purposes or for consumption during transport,
If there is no risk of spreading harmful organisms referred to in section 10
paragraph. 1 or harmful organisms whose introduction into, and against
the expansion are made pursuant to section 7 (2). 4 or under section 11
paragraph. 2 and 3.
(5) the Institute does not control the plants, plant products and other objects,
that are not listed in paragraph 1, even if it is connected to them
the plant passport.
§ 15
Systematic plant-health check
(1) Implementing legislation provides for plants, plant products and
other objects that are
and) grown, manufactured or used, or only occur on the territory of the
The Czech Republic and to be within the European Union placed on the market,
(b)) designed to transfer to a protected zone,
must be before placing on the market or before transferring to this zone
subjected to systematic plant-health checks, in order to ensure that the
they are not contaminated by the relevant harmful organisms established by the same implementing
legal regulation and meet the specific requirements laid down by this also
the implementing legislation.
(2) Systematic phytosanitary inspection performed by the Department, preferably in
places of production of the relevant plants, plant products and other
objects, and it regularly at appropriate times, at least once every
year, at least by Visual inspection, either all of the plants, plant
products and other objects or their representative sample
collected free of charge by the Institute. Systematic plant-health control pursuant to
paragraph 1 are also subject to growing media and, where appropriate,
containers, agricultural machinery and equipment, which are used in the
the cultivation, manufacture, use and handling of related plants
plant products and other objects, and the means of transport, which is
transported.
(3) the Institute may at any time make the phytosanitary inspection of plants,
plant products and other objects, which are within the business
stored, used or otherwise manipulating them on land and in the
the premises of persons registered pursuant to section 12 paragraph. 1 (a). (c)).
paragraph 2 in so doing, shall apply mutatis mutandis.
(4) Systematic phytosanitary inspection may be carried out at the plant,
plant products and other objects intended for transfer to the
the relevant protected zones before moving through the territory or from the territory of
This zone.
(5) the provisions of paragraph 1 (b). and) shall not apply to plants, plant
products, food or feed for the animals, which are intended for the
the use of the owners or the beneficiaries to nevýrobním or non-commercial purposes, or
for consumption during transport, provided there is no risk of the spread of
the harmful organisms referred to in section 10, paragraph 1. 1 and 2, or harmful
organisms whose introduction into, and spread are established
the measures referred to in section 7 (2). 4 or under section 11 (2). 2 and 3.
(6) to eliminate the risk arising from the occurrence of the relevant
the organism, or of non-compliance with a specific requirement under
paragraph 1, established on the basis of systematic plant health checks
carried out in accordance with paragraphs 1 to 3, ordering the Department of appropriate emergency
plant-health measures under section 76, paragraph. 1 (a). and (d)).) This
measures may be total or partial suspension of
registration of persons registered pursuant to section 12 paragraph. 1, and until
It will be demonstrated that there is no risk of spreading harmful organisms. After
the period of suspension of the registration of a person is for this person also
suspended issuing and replacement of plant passports according to § 17
paragraph. 1 and, pursuant to section 19, paragraph. 2 and permission to issue these passports
According to § 17 paragraph. 2 with the exception of the case referred to in section 16. 1 (a).
(b)). This is without prejudice to the provisions of § 76 paragraph. 6.
section 16 of the
The conditions and the way of the issuing of plant passports
(1) a plant passport shall be issued when it is shown with a systematic
phytosanitary inspection carried out pursuant to § 15 paragraph. 2, that
and) are fulfilled the requirements set out in section 15(2). 1, or
(b)) is excluded danger arising from the occurrence of the relevant injurious
the organism, or of non-compliance with a specific requirement under section 15(2). 1 on the
the basis of the fulfilment of the measures ordered by the Institute under section 15(2). 6.
(2) Issuing the plant passport shall be its copy in the
accordance with the implementing regulation, which lays down the form and
requirements of the plant passport. A plant passport issued
must be protected from misuse for its delivery to the applicant.
(3) if it is based on the systematic plant-health checks carried out
under section 15, paragraph. 2 and 3 detected the presence of the harmful organisms referred to in
§ 15 paragraph. 1, but the local investigation Institute shows that a part of the plants
or plant products grown, produced or used by the
a person registered under section 12 of the paragraph. 1 (a). and) or (c)), or otherwise,
occurring on the land or at the premises of that person's own
or, or, part of the growing medium used there
does not present any danger for the spread of harmful
organisms may be for this part of the plant passport is issued and this
part may be placed on the market.
(4) If systematic phytosanitary inspection was not focused on
verification of compliance with the conditions laid down for the protected zone, cannot be issued
a plant passport for this protected zone. If it was on the basis of the
the checks carried out pursuant to section 74, paragraph. 3 and 4 found that these conditions
have not been fulfilled, a plant passport issued to a protected zone,
not considered to be valid, and must be marked in a conspicuous place on the cheek
side of a stamp in the shape of an equilateral triangle in red
the color with the text "canceled Passport".
§ 17
Permission to issue plant passports
(1) a plant passport and the passport for a protected zone
Displays the Department in the manner prescribed by the implementing regulation, if
It asked the person registered under section 12 of the paragraph. 1 (a). and (b)),)
or is exposing directly the person, if the Institute has granted permission to
the issuing of passports in accordance with paragraph 2.
(2) the Department may grant permission to issue plant passports and
plant passports for protected zone to a person registered under section
12 paragraph. 1 (a). and (b))) for plants, plant products or other
the articles that this person on the market, and on the basis of the written
the application of this person and if this person shall submit a draft designs
plant passports and the Institute finds that the person is eligible
follow the procedure for issuing plant passports according to § 16
paragraph. 1 and issue passports in the manner laid down in the implementing the legal
Regulation and that is able to keep a register under section 13 (3). 1 (a). and).
Method of submission of applications for the granting of the permission requirements of this application and
the method of granting permissions on detailed legal prescription.
(3) the Institute shall cancel the permission to issue plant passports and
plant passports for protected zone, where a serious or
repeated failure to comply with the procedure for issuing plant passports and
plant passports for protected zone or if unregister
the competent person referred to in section 12, paragraph. 6.
(4) the provisions of paragraphs 1 to 3 shall apply mutatis mutandis to the issue
replacement plant passports.
section 18
Types of plant passports
(1) a plant passport issued and the plant passport for
protected zone. Under the conditions laid down in section 19 can be issued whether or not
replacement plant passport.
(2) the form of and particulars of the plant passport, the plant
the passport for the protected zone and the replacement of a plant passport shall set
the implementing legislation.
§ 19
Replacement plant passports
(1) a plant passport or a passport for a protected zone
issued pursuant to § 17 paragraph. 1, or replacement plant Passport
can be replaced with a replacement plant Passport only
cases, when
and the original shipment) is divided,
(b)) is merged several deliveries or parts thereof, or
(c)) changes the health state of the plants, plant products and other
articles in the shipment,
and that's only if guaranteed the identity of the relevant plants,
plant products or other objects in the new supply, and from the moment
send the original shipment cannot cause danger of harmful
organisms laid down by the implementing regulation. New shipment must
comply with the requirements provided for in § 15 of paragraph 1. 1.
(2) a replacement plant passport shall be issued by the Department, if requested by the person
registered pursuant to section 12 paragraph. 1 (a). and), b) and (d)) in the manner prescribed
the implementing legislation, or it exposes that person directly,
If the Institute has granted permission to issue replacement
plant passports according to § 17 paragraph. 4.
section 20
The obligations of natural and legal persons related with the issue
plant passports
(1) For connection of a plant passport for plants, the competent
plant products and other objects, to their packaging or transport
the resources under section 14, paragraph. 1 so that they cannot be used again,
corresponds to the person registered under section 12 of the paragraph. 1 (a). and), b) and (d)).
(2) natural or legal person who is in business
the activities of ^ 12) deals with the growing of plants and as the ultimate user buys
or in any other way gets the plants, plant products and other
objects, is entitled to purchase or otherwise acquire plants,
plant products and other objects provided for implementing the legal
Regulation only if they are provided with phytosanitary passports or
phytosanitary passports for protected zone in which they are to be
transferred, or spare phytosanitary passports, and is required to
and retain the related plant passports) and lead them to the register set
the implementing legislation for at least 1 year from the date of their
the acquisition,
(b)) in the manner prescribed by the implementing report of the Institute of law
the purchase or other acquisition of the relevant plants, plant products and
other objects coming from third countries,
(c) the employees of the Institute) to allow for the implementation of the survey
the harmful organisms referred to in section 10, paragraph 1. 1, the continuing plant health
the checks referred to in section 15 and plant supervision pursuant to section 74 of the input
land and objects that own or use and on which, or in
which are grown, stored, or processed in plants, plant
products or other objects, and to allow access to them in any
stage of their cultivation, production, processing or storage, free
a subscription to their samples and the control of the relevant documents.
Imports of plants, plant products or other objects from third countries
section 21
General provisions
(1) the plants, plant products or other objects provided for
the implementing legislation, which are imported from third countries into the
The Czech Republic, must be subjected to a plant health inspection of import
the Institute carried out under section 22 in the places provided for in § 25. Only after the
termination of this control and if it was on the basis of the outcome of the officially
found that the
and they are not infected or contaminated) harmful organisms laid down
the implementing legislation,
(b)) is not the plants or plant products laid down in the implementing
law, originating in the countries listed in the same implementation
the law,
(c)) meet the specific requirements laid down in the implementing legislation,
(d)) are provided with the original phytosanitary certificate or
a phytosanitary certificate for re-export, or, under the conditions laid down
procedure laid down in the regulation the European Union ^ 1a) this electronically
the certificate, if the certificate is issued, and meets the requirements of the
section 23, or are accompanied by the original of the other document, if it is determined
procedure laid down in the regulation the European Union ^ 1a), or are provided with the
laid down in the implementing regulation and the technical
the formalities laid down by the code, while an officially certified copies
or outputs from the authorised conversion of documents shall be recognised, if it is
established procedure laid down in the regulation the European Union ^ 1a),
may be put into free circulation, the customs regime of active and
outward processing, processing under customs control and the
the temporary importation procedure, as well as to the Customs for free circulation in the
connection with the termination of the outward processing procedure ^ 13).
(2) the plants, plant products or other objects not listed in the
paragraph 1, including the wood in the form of dunnage, spacers, pallets or
the packaging material (hereinafter referred to as "wood packaging material"), which
used in the transport of goods of all kinds, which are imported from third
in the Czech Republic, countries may be subject to import plant
the monitoring carried out by the Institute under section 22 to determine whether there are
infected or contaminated by the harmful organisms referred to in paragraph 1 (b).
and) or harmful organisms, the occurrence of which has not yet been on the territory of the
The Czech Republic is detected. If the checks referred to in this paragraph
started may be the relevant plants, plant products or other
objects placed under customs procedure of free circulation, active
inward processing, processing under customs control, temporary
use, as well as the free circulation into the customs in connection with the
the termination of the outward processing procedure ^ 13) only if the
the basis of the outcome of the checks clear, that they comply with the relevant provisions of
of this law. The launch of this Institute shall immediately notify the importer inspections
the consignment, the competent Customs Office of point of entry or at the customs
the Office of destination. A copy of the Protocol on the control of the Department shall transmit to the
also at the Customs Office of point of entry or destination.
(3) the provisions of paragraph 1 shall also apply to the consignment or lot
designed to protected zones; import phytosanitary inspection in this
the case relates to the
and other harmful organisms specified) of the implementing regulation,
(b)) other plants and plant products provided for implementing the legal
law, originating in the countries listed in the same implementing the legal
legislation, and
(c)) meet the specific requirements laid down in the implementing the legal
Regulation, and due to certain protected zone in which they are to be
the consignment or lot being transported.
(4) the Customs Consignment declared as other than containing or consisting
from the plants, plant products or other objects referred to in paragraph
1, which is imported from a third country into the Czech Republic, must be
subjected to plant health import inspection in accordance with section 22, if there is
in the procedure for the allocation of the customs-approved treatments have reasonable suspicion that
such plants, plant products or other objects it contains. Authority
responsible for the Customs examination of the consignment shall inform the suspect of the Tokugawa
without delay, in writing, the competent local departments of the Institute. If the last
doubts about the accuracy of the customs declaration of the consignment after its
the checks referred to in section 22, in particular concerning the genus and species of plants or
plant products or their origin, the consignment shall be considered as per shipment
that contains plants, plant products or other objects referred to in
of paragraph 1.
(5) the restrictions set out for plants, plant products or other
subjects on the basis of the provisions of paragraphs 1 to 3 shall also apply to their
placing in a free zone or free warehouse. ^ 15)
(6) Import phytosanitary inspection shall not apply if the importer
the consignment or lot that contains plants, plant products
or other objects referred to in paragraph 1 is not registered pursuant to section 12 paragraph. 1
(a). (b)) or section 12, paragraph. 9.
7) there is a risk of spreading harmful organisms, they shall be
subject to plant-health checks also the plants, plant products
or other objects to be placed in a free zone, or
free warehouse ^ 15a), re-exported from the customs territory of the
The European Union, destroyed or abandoned to the State ^ 15b) or
that are designed for the placing under a Customs transit procedure "^ 15 c) or
the customs in the customs warehouse mode ^ 15 d). For this purpose,
allows the Customs Office under the supervision of the implementation of phytosanitary import
checks.
(8) the provisions of paragraph 1 are without prejudice to the provisions of paragraphs 4 and 9, §
7. 2, § 27, paragraph. 1 and 2, and the provisions concerning measures
pursuant to section 11 and announced the measures and guarantees laid down in the award
exceptions pursuant to section 71, paragraph. 2 and 3. Also are without prejudice to the specific agreements
concluded between the European Union and one or more third countries on the
matters covered by paragraph 1.
(9) the phytosanitary measures taken by third countries for the export to the European
the Union is recognized as equivalent to the European plant health measures
the Union, if it provides for the regulation of the European Union ^ 1).
section 22
Import phytosanitary inspection
(1) in accordance with the provisions of § 21. 1 and 3, the Institute performs the control of the
and each consignment customs) declared as a consignment containing plants,
plant products or other objects provided for in § 21. 1,
where appropriate, § 21. 3, or
(b)) of each lot of the Customs declared as the lot containing plants,
plant products or other objects provided for in § 21. 1,
where appropriate, § 21. 3, if the consignment consists of more than one
of the lot.
(2) Import phytosanitary inspection according to § 21. 1 to 3
carried out in accordance with § 24 concurrently with the control formalities required
for placing under a customs procedure pursuant to the regulation of the European Union) and ^ 15e
accordance with a special law ^ 16) in order to determine whether the consignment
or lot
and) is equipped with the required documents or marking in accordance with § 21. 1
(a). (d)) (hereinafter referred to as "documentary check"),
(b)) on the basis of an overall assessment, or the assessment of one or more
Official samples representing the entire shipment consists of plants,
plant products or other objects referred to in the documents
required pursuant to § 21. 1 (a). (d)), or in other documents
accompanying the consignment or lot (hereinafter referred to as "identity check"), and
does not include the plants or plant products in accordance with § 21. 1 (a).
(b)),
(c)) on the basis of an overall assessment, or the assessment of one or more
Official samples representing the whole consignment, including the growing
substrate, packaging, means of transport, if applicable, meets the requirements of
referred to in § 21. 1 (a). and (b))) and (c)) (hereinafter referred to as "control
the State of health "), and if it is necessary to apply the provisions of § 11 (1). 2,
(d)) does not contain the plants or plant products in accordance with § 21. 1 (a).
(b)).
(3) the Institute
and) is entitled to remove the protokolárně from the consignment to the extent necessary for the
the conditions referred to in section 74, paragraph. 9 and 10 samples in order to ensure the proper
the implementation of the import inspection,
(b)) is not responsible for damages resulting from delay of means of transport for
strictly necessary to carry out the import inspection and draws up a
about the official record; This provision is without prejudice to the responsibility for the
damage caused in the exercise of public authority decision or incorrect
the official procedure, ^ 17)
(c)) keeps track of consignments which have been subjected to import plant
control, and the results of this check,
(d) perform documentary checks) putting his name and data
the submission of the relevant document to the original or electronic
the form of the phytosanitary certificate or a phytosanitary certificate
for reexport or other document referred to in § 21. 1 (a). (d)) and,
If appropriate, it also records the implementation of this control, control
the identity and plant health checks in the document of
the movement of the consignment or lot, issued according to § 25 paragraph. 6, and it
in the manner laid down in the implementing regulation,
(e)) in accordance with a special law ^ 17a) after their
import the plant health checks of a consignment or lot or
a copy of the plant on the movement document that consignment or lot,
drawn up in accordance with § 25 paragraph. 6, after the period provided for implementing the legal
Regulation,
(f)) performs the import phytosanitary inspection according to § 21. 1 to 4
only through employees who satisfy the conditions for professional
the qualifications under section 82, paragraph. 2.
(4) after the end of the import consignment or lot of the plant health checks
the plants, plant products and other objects laid down in the implementing
the law, which the consignment or lot includes, subject to the
the provisions of § 14 paragraph. 1 and 2 for the connection of the plant passport and § 19
about the replacement of plant passports, if the Institute found that the consignment
or the lot conforms to the requirements provided for in § 21. 1.
(5) an identity check and health check may be carried out with the
reduced frequency, if
and on the basis of the agreement), concluded in accordance with section 27. 3 import
phytosanitary inspection of plants, plant products or other
objects in the consignment or lot already carried out in the exporting third
the country,
(b)) of the plants, plant products or other objects in the consignment or
in the batch referred to in regulation the European Union ^ 17b), or
(c)) the plants, plant products or other objects in the consignment or in
consignment originate from a third country, which has been in the General
International phytosanitary agreements concluded on the principle
reciprocity between the European Union and third countries established a reduced
the frequency of checks of identity and health checks,
If there are serious reasons for considering that the technical requirements laid down
Regulation of the European Union) and this Act (sections 21 to 25) are not met.
(6) the plant health checks referred to in paragraphs 1 to 5 may also
carried out at a reduced frequency, if it is provided for by a bilateral
or multilateral agreement on the recognition of the equivalence of phytosanitary
^ measures 17 c) or if it is determined under the procedure provided for in the regulation of the European
Union ^ 1a), provided that specific conditions are met
laid down in this regulation.
section 23
Phytosanitary certificates
(1) the plants, plant products or other objects referred to in section 21
paragraph. 1 which are imported from third countries on the territory of the Czech Republic,
must be accompanied by a phytosanitary certificate, as appropriate,
phytosanitary certificate for re-export. This certificate must be
intended for organizations) plant protection products of the Member States of the European
of the Union,
(b)) issued in the third country that the goods are exported or re-exported
exports, in accordance with the legislation of that third country, adopted in
accordance with the EU regulation ^ 9), regardless of whether the
the country of a Contracting Party to the International Convention on the protection of the plant in 1997.
The terms and period of validity of the phytosanitary certificate and
a phytosanitary certificate for re-export, the Czech
Republic lays down detailed legal prescription.
(2) a plant health certificate referred to in paragraph 1 shall be established in a third
the country,
and that they were relevant) imported plants, plant products or
other items produced or manufactured (hereinafter referred to as the "country of origin"), if
the affected plants, plant products or other objects shall meet the
the special requirements laid down in the implementing regulation, which are
achievable only in the country of origin, or
(b) where relevant) imported plants, plant products or other
items sent to the territory of the European Union (hereinafter referred to as "the exporting country"),
If the plants, plant products or other objects do not have
meet any special requirements or if they can be special
requirements referred to in point (a)) also outside the country of origin.
(3) Implementing legislation shall determine the method of confirmation of compliance with the
the specific requirements provided for in § 21. 1 (a). (c)) and § 21. 3 (b).
(c)) in the phytosanitary certificate or phytosanitary certificate for
reexport.
section 24
Obligations of importers and carriers
(1) the importer of the plants, plant products and other objects, in
their placing on the market of phytosanitary passports procured pursuant to § 14 paragraph.
1 or 2, is required to notify their customers of the Institute in the Czech
of the Republic. The method and deadline notifications, and the plants, plant products and
other objects, to which this obligation applies, shall lay down the detailed
legal prescription.
(2) the importer of the consignment or lot which is subject to import plant
in accordance with § 21. 1 or 3, or other person responsible for the
the importer are obliged to Institute in the place designated as a place of execution
import plant health inspection according to § 25
and notify the expected date) the import of such lot or consignment,
as soon as it becomes aware
(b) at the start of the latest import) the plant health checks in writing
notify data relating to the batch or consignment, and
on at least one of the documents required for the placing under a customs
the regime referred to in § 21. 1, and information on the documents that accompany the
consignment or lot to the place of execution of the inspection, and
(c)) to update the information notified pursuant to subparagraph (b)), within one month from the
the date on which the change occurred.
The information referred to in point (a)) and is obliged to notify the Office of
the competent according to the place of execution of the import inspection.
Model notification referred to in subparagraph (a)) and the requirements of the notification referred to in subparagraph (b))
lays down detailed legal prescription.
(3) the carrier consignment or lot which is subject to import
plant-health control pursuant to § 21. 1 to 4, to execute
This checks the extent and in the manner laid down by this law, including the
checks the completeness and accuracy of the documents provided for in § 23 paragraph. 1,
where applicable, checks on the other documents accompanying the consignment or lot.
(4) the carrier is obliged to ensure the transport of imported or transiting ^ 2)
consignment in such a way that it could not happen to her assault
harmful organisms or to the spread of harmful organisms.
§ 25
Import of plant health checks
(1) document check, the check referred to in § 21. 4 and section 22 paragraph 1(b). 2 (a).
(d)) shall be carried out at points of entry laid down in accordance with the international
^ the Treaty of 18) on the territory of the Czech Republic. The front seats are airport
Prague-Ruzyně Airport Brno-Tuřany, Ostrava-Mosnov Airport and vyclívací
post Prague 1; additional input may be laid down in the implementing
legal regulation. An up-to-date list of points of entry to the territory of the Czech
the Republic sends Department of the Commission and the other Member States of the European Union.
(2) an identity check and health check is performed
together with the customs formalities required for placing under a customs
the regime referred to in § 21. 1, and either the points of entry by
paragraph 1, or to any other place situated near
the input space and designated or approved by the Customs Office and the Institute,
that is, other than the place of destination within the meaning of paragraph 4 (b). (b)).
(3) check the marking that shows that the wood packaging material,
which is used in the transport of goods of any kind imported from third
countries to the Czech Republic, was properly treated against the occurrence of harmful
organisms, shall be carried out in the places provided for in paragraph 1
or in the places of destination of the imported goods. The control performed by the Customs Office;
If the customs authority is unable to perform the control, it shall inform the institution that
control executes.
(4) the Department may check the identity and health control completely
or in part to carry out in the place of destination, and on the basis of the observations of the Office
the point of entry, the identity check and health check
cannot be in a place referred to in paragraph 2, carried out in the range specified by
in section 22, paragraph. 1 so that was filled with the objective of control pursuant to § 22 paragraph 1(b). 2,
without prejudice to the provisions of paragraphs 5 and 6.
(5) if there is no agreement between the Office of point of entry and office space
determination of the place of execution of the identity checks and health checks
the State performs these checks, Office of point of entry, and it's on one of the
the places referred to in paragraph 2.
(6) an identity check and check the health status of the consignment
or lot may be carried out at the place referred to in paragraph 4 and on the territory of the
The Czech Republic approved by the procedure laid down in accordance with section 25a (
"the approved place"), only when the requirements are met for
the transport of the consignment or lot to an approved place and its
storage in this place, and if this shipment in the entry point
bear, without prejudice to the provisions of § 21. 1 (a). (d)),
plant health movement document issued by the Office of point of entry
and under the supervision of the Office confirmed the importer.
(7) the operator of an input space and places referred to in paragraph 2 shall be provided for
consideration of the Institute appropriate facilities enabling the fulfilment of the minimum requirements
to import power plant health checks. If this operator is
places the State provides these facilities Institute
free of charge.
(8) the operator of an input space places on your load in their
the premises of the containers for postponing of the plants, plant products
and other items imported from third countries in the framework of the personal contact and the
not satisfying the requirements laid down in § 21. 1. the operator
the input space is responsible for the safe disposal of the contents of the containers under the
the supervision of the Institute.
(9) the implementing legislation provides for
and other points of entry), referred to in paragraph 1,
(b)) the requirements referred to in paragraph 6,
(c) the particulars of the plant) on the movement document consignments and the way
his confirmation by the importer referred to in paragraph 6,
(d)) minimum requirements for technical and professional equipment and facilities
the point of entry, the place referred to in paragraph 2 and the approved site for
the implementation of phytosanitary import inspections pursuant to § 21. 1 to 4.
§ 25a
The procedure for the approval of sites for carrying out identity checks and
checks the health status of the consignment or lot
(1) where the importer of the consignment or lot which is subject to import
plant-health control pursuant to § 21. 1 or 3, intends to present
this consignment or lot to check the identity of and control of health
State in another place than stipulated in § 25 paragraph. 1 and 2, asks this
where appropriate, the importer, owner or user of the site on the basis of the
written credentials about the approval of the Institute by the importer, this place at least 1
a month before the expected date of the first entry of such consignment or lot
on the territory of the European Union. Requisites provided for in the first sentence
lays down detailed legal prescription.
(2) the Department shall verify the information contained in the request, verifies that the proposed
the place referred to in paragraph 1 meets the minimum requirements for the technical and
professional equipment and facilities according to § 25 paragraph. 9 (a). (d)) and that may be in
This site meet the storage conditions of the consignment or lot according to § 25
paragraph. 6, and shall
and approval of the proposed decision) space for the implementation of the checks
the identity and health checks, the consignment or lot or
(b)) the decision rejecting the application, if it finds that the proposed place
According to subparagraph (a)) does not meet the minimum requirements for technical and professional
equipment and facilities according to § 25 paragraph. 9 (a). (d)) or in this
the place to meet the conditions of storage of the consignment or lot according to § 25 paragraph.
6.
(3) the Institute
and shall inform the competent territorial) the Customs offices of destination of decisions
issued pursuant to paragraph 2 (a). and)
(b)), an updated list of approved pursuant to paragraph 2 (a). and)
and according to § 25 paragraph. 2,
(c) on request) will allow the Commission and the Member States of the European Union access to the
updated list of the places referred to in subparagraph (b)).
(4) the Institute shall cancel or suspend the approval of the competent
approved site for the importer, if the importer
especially grossly or repeatedly violates the condition laid down under section 25, paragraph.
6 or breach in relation to the approved place of obligation
in accordance with section 24. Institute announces the violation of these terms and conditions the Commission and concerned
the Member States of the European Union.
§ 25b
The procedure for carrying out identity checks and health checks
the consignment or lot in the places of their destination
(1) if the consignment or lot is sent to perform a check
the identity and health checks at destination in accordance with § 25
paragraph. 4 from the point of entry to the territory of the Czech Republic, the Institute shall issue the
the point of entry for this consignment or batch plant
movement document referred to in section 25, paragraph. 6.
(2) if it is to be an identity check and health check
the consignment or lot carried in an approved place may
be conveyed only to the place agreed in advance for this consignment,
where appropriate, the batch. Any change must be approved before
starting identity checks and the relevant health checks
the consignment or lot approved by the Office of point of entry, which
decided on the original approved site according to § 25 paragraph. 4, Office space
determining the appropriate place of the newly requested inspection and the Customs Office
determining the appropriate place of the newly requested checks.
(3) the Institute provides with the use of a plant on the movement document,
drawn up in accordance with § 25 paragraph. 6 writing, exchange of relevant data on
consignment or lot which are to be delivered to an approved place
on the territory of the Czech Republic or to another place of destination within the territory of the European
Union, including information about how their transport and packaging, between competent
the Office of point of entry and by the Office of destination and the Customs Office of destination, and
otherwise with them for this purpose.
section 26
Loading of the consignment after the implementation of the import inspection
(1) if the plant protection import control under section 22 establishes that
the consignment or lot meets the requirements provided for in § 21. 1,
released into the proposed customs procedure without restrictions and the Institute publishes
on the phytosanitary certificate or plant
certificate for re-export date check and official stamp
its name. If these requirements do not match, the consignment must be or
the lot under the supervision of the Constitution subjected without delay one or more of the
the following official measures ordered under section 75:
and the removal of infected or contaminated) of the subject from the consignment,
(b) at the place of storage) and under the conditions laid down by the Institute, the
final results known officially established laboratory or other
the tests,
(c) denial of entry of the consignment) on the territory of the European Union,
(d) destruction in the manner prescribed by the Institute),
e) relocation to a destination outside the territory of the European Union under the official
control in accordance with the appropriate customs procedure during transport
within the European Union,
f) exceptionally, treatment or processing procedures and remedies laid down by
The Institute, if the treatment or processing requirements are met
provided for in section 21; without prejudice to the provisions of the European
Union ^ 19).
(2) the Institute shall order the measures referred to in paragraph 1 for a consignment or lot
plants protected by special legal regulation, ^ 20) uses
priority measures referred to in paragraph 1 (b). (c) substantive content).
ordered the measure is binding when deciding on the consignment concerned or
lot under special legislation.
(3) if the consignment or lot requirements laid down in section 21
paragraph. 1, the Institute also required emergency phytosanitary measures
pursuant to section 76, paragraph. 1.
(4) if the presence of the harmful organism referred to in § 21. 1 (a).
and) or § 21. 3 (b). and the only part of the consignment) and if it is clear that the
the remaining part of the consignment is not challenged by the harmful organism or
the suspected infection, subjected to the contested part of a consignment of essential official
the measures referred to in paragraph 1 (b). and) to e), and the remaining part of the consignment may
be entered into the proposed customs procedure without restrictions, if
There is no risk of spreading harmful organisms.
(5) the risk of the introduction or spread of the harmful organisms referred to in section 11,
order the Institute to undergo one or more of the necessary adjunct
phytosanitary measures under section 76, paragraph. 1 also transport
resources, warehouses, packaging and containers used for the transport or to
storage of the consignment or lot.
(6) if the consignment or lot detained pursuant to paragraph 1, it shall notify the
Institute of the third country concerned to the Commission and the official plant protection organizations
the other Member States of the European Union, without prejudice to the measures
ordered by referred to in paragraphs 1 and 5, unless the reason for the detention
failure to comply with the provisions of § 21. 1 (a). (d)), the model notice of detention
the consignment or lot and the details of his departure, lays down the detailed
legal prescription.
(7) the measures provided for in paragraphs 1, 3 to 5 orders the Department of importers, carriers
or the consignee or the operator stores or resources
referred to in paragraph 5 and shall inform them in writing to the competent territorial also
the customs authority. The costs associated with their implementation shall be borne by the person to whom the
the measures ordered.
(8) If the measures are ordered according to the
paragraph 1 (a)). (b)), d) and (e)), Institute of plant health marks
certificate or phytosanitary certificate for re-export or other document
for the consignment to be invalid, so that on the front be stamped
in the shape of an equilateral triangle of side 50 mm Red
the color with the text "Certificate cancelled" and indicate the name and surname of the authorised
people in capital letters and the decision on the date of loading of the consignment,
(b) paragraph 1 (a)). and), the consignment must be inspected after
treatment or processing again,
(c) paragraph 1 (a)). and), c) and (e)), shall ensure that the importer, carrier, or
consignee instead of destruction, treatment, processing or
storage in such a way that any harmful organisms out of
could not spread.
(9) If the Department receives notification of interception of a consignment or lot from
another Member State of the European Union shall communicate this information without delay to the
the input points.
(10) if required, the person referred to in paragraph 7 fails to comply with the measures imposed by the
The Institute referred to in paragraphs 1, 3 and 5, ensure their implementation, Institute on
the cost of this person.
(11) if the consignment or lot on the basis of the outcome of the import
plant health checks to be completed in a place approved under section 25a
and released into the proposed) Customs procedure without restrictions, shall submit to the
the importer of the consignment or lot and proof of the plant
the move, issued according to § 25 paragraph. 6, at the Customs Office to the competent territorial
the place of their import plant health checks,
b) subjected to measures pursuant to paragraph 1 (b). (e)), shall be subject to the time
departure from the territory of the European Union supervision by the Customs authorities.
section 27 of the
Special provisions
(1) If the Institute does not detect that there is a risk of spreading harmful
on the territory of the European Union,
the provisions do not apply) § 21. 1 and 3 to plants, plant
products or other objects, which are within the European Union
transported in the Customs transit procedure from one place to another through the
territory of a third country,
(b) subject to the provisions of §) 7 (2). 5 (a). and) and § 21. 1 and 3 on the
plants, plant products or other objects, which are
transported in the Customs transit procedure from one place to another within the
one third country, or between third countries through the territory of the European
of the Union,
(c) subject to the provisions of §) 21. 1 and 3 on the small quantity of plants
or plant products, including food and feed for animals,
provided for in the implementing legislation, which are intended for use
by the owner or recipient for nevýrobním and non-commercial purposes, or to
consumption during transport.
(2) If the Department decides, pursuant to section 8 (2). 1, subject to the provisions of section
21. 1 and 3 to plants, plant products and other objects intended for
use for experimental and scientific purposes and for work on varietal selections.
(3) if it has been established by the agreement between the European Union and third countries,
concluded in accordance with the provisions of the European Union, "^ 1") can make the Institute
the necessary activities under the import inspection according to § 22
paragraph. 2 (a). (c)) of the Commission in that third country, in cooperation with the
the responsible official body of plant protection in accordance with the
Of the European Union. ^ 1)
section 28
Export of plants, plant products and other objects
(1) where the plants, plant products and other objects are exported from
The Czech Republic to a third country and must comply with the requirements of the importing,
where appropriate, the provážejícího of the State to protect against wood affecting harmful
organisms, including the requirement to issue a phytosanitary certificate
or phytosanitary certificate for re-export, the Institute shall issue the
on the basis of the certificate, if the investigation finds that the
requirements have been met. The Department does not issue a phytosanitary certificate,
If, on the basis of the investigation found that the plants,
plant products and other objects which do not meet the requirements of the importing or
provážejícího State to protect against wood affecting harmful organisms,
or these requirements the importing or provážející State has provided. The request for
issue of the certificate shall Institute the exporter or the nominee, and it
at least 2 working days before the day of loading of the consignment. The applicant shall submit to the
The Institute's requirements of the importing, or provážejícího State for the protection of
before wood affecting harmful organisms, unless they have been published by the Institute,
and propose instead, which will allow the Institute to perform the necessary investigations.
Scope of the investigation, the formalities of the application and the way the Administration lays down the
the implementing legislation.
(2) the Institute shall carry out the investigations referred to in paragraph 1 only in a location that
meets the minimum requirements for the technical equipment provided by the implementing
legal regulation. To carry out investigations for the export of plants, plant
products and other objects which represent a high level of risk
the introduction and spread of harmful organisms, provides for the Department of space of the implementation
the investigation and the mode of operation of such sites and shall publish them in the Gazette. For
a high level of risk is considered to be the ability of the harmful organisms,
do not induce visible symptoms, (hereinafter referred to as "the hidden assault").
Plants, plant products and other objects and harmful organisms,
hidden on them causing infection, lays down the detailed legal prescription.
(3) If it is to be in accordance with the requirements of the importing, or provážející
third country, treated wood to protect against the introduction of harmful
organisms, including its designation on the territory of the Czech Republic, must be
treated with technical equipment is eligible under sections 68 to 69. For
implementation of handling and labelling of exported timber and wooden packing
the material corresponds to the exporter. The method and place of treatment of wood and wood
packaging material lays down detailed legal prescription.
(4) as regards the reexportovanou package, the applicant shall submit for the issue
phytosanitary certificates referred to in paragraph 1, the original, the output from the
authorized the conversion of documents or certified copy of a plant
the certificate issued in the country of origin of the consignment, if such certificate
exposed.
(5) the form and content of the phytosanitary certificate and plant
certificate issued for re-export in accordance with paragraph 1 shall lay down detailed
legal prescription.
(6) a phytosanitary certificate or phytosanitary certificate for
Re-export may replace the permit of the Ministry of the environment to
the export of artificially propagated plants of endangered species of wild
the plant, if provided for by a special legal regulation ^ 20) and under the conditions
This law laid down.
(7) If it is to be in accordance with the requirements of the importing, or provážející
a third of the country to protect against wood affecting harmful organisms carried out
the investigation in the course of cultivation, production or processing of the relevant
plants, plant products and other objects, the Institute is on the
basis of a request of the breeder of the plant or the manufacturer of the
plant products or other objects.
(8) Institute
and records the information on the results) the investigation carried out in accordance with paragraphs 1 and 7,
(b)) and the requirements of the importing records exposes and provážejících States to
the protection against the introduction of harmful organisms from them.
(9) the exported consignment Carrier is required to ensure that the transport of such
in a way, to prevent the infestation of consignments of harmful
organisms or to the potential spread of harmful organisms.
Protected zone
section 29
Defining protected zones
(1) protected zone defined in the territory of the European Union are laid down
a special provision of the European Union. ^ 22)
(2) if the Institute, in particular on the basis of the outcome of the evaluation of the degree of risk
the introduction and spread of the harmful organisms referred to in section 10, paragraph 1. 2, to conclude
that it is expedient to define the territory of the Czech Republic of a protected zone, it shall
a proposal for the definition of this zone to the Commission.
(3) prior to the filing of the application referred to in paragraph 2 must be shown that the
harmful organism, whose spread has to be protected zone defined,
It is not in the territory proposed to its original definition nor established. To
the verification of compliance with this requirement, and, where the relevant protected zone
defined and determined in accordance with paragraph 1, to the systematic verification of
of this State shall draw up and Institute of the Professional program
which shall publish a notice in the Gazette, and which controls the Ministry.
(4) scientific programme referred to in paragraph 3 shall include the
and based on the knowledge of) the survey of the biology of the harmful
organisms, as well as the agrotechnických and the natural conditions of the territory
the period for the definition of a protected zone, using appropriate methods
the detection of harmful organisms, including tours of the growing medium and
stands, and, if necessary, laboratory testing,
(b) permanent regular mode) and a systematic survey of the prevalence of
harmful organisms for which the protected zone is to be recognized and
maintained, carried out at appropriate times, at least once a year,
(c)) the way keeping records of the scope and the results of this survey.
The implementing legislation provides a way to create regular network
observation points, the criteria for the selection of the observation points, the data that
the observation points recorded in the survey, observation methods
point, and other details for the implementation of the survey.
(5) the Institute shall inform the Commission in writing of the methods, organization and results
the surveys referred to in paragraph 4. If the protected zone on the territory of the Czech
Republic, the Institute shall inform the Commission defined without delay in writing,
where appropriate, by electronic means, of any relevant findings of injurious
of the organism.
(6) protected zone on the territory of the Czech Republic provides for the Ministry of
implementing the law on the basis of special legislation
Of the European Union. ^ 22) to meet the conditions necessary to sustain a defined
protected zone can Institute to take measures in accordance with this Act,
in particular, directing emergency phytosanitary measures under section 76, paragraph.
1.
section 30
Measures to prevent the introduction of harmful organisms into the protected zones and against
their spread in these zones.
(1) the plants, plant products or other objects provided for
the implementing legislation, which come from places outside protected
the zone defined for them in relation to one or more of the harmful
organisms, may be moved through this zone with the ultimate aim of the outside
her without a plant passport valid for that zone only
If the technical conditions and measures to prevent extension
the harmful organisms, as laid down in the implementing regulation.
(2) If, when systematic plant-health checks under section 15 or
based on surveys in accordance with section 10, paragraph 1. 1 or section 29. 4 (b). (b)),
where appropriate, on the basis of plant supervision under section 74, carried out by the
on the territory of the protected zones, established that the conditions referred to in paragraph 1 are not
satisfied, the Institute shall order a physical or legal person, that failure to comply with
These terms and conditions, promptly execute measures under section 75 to
avoid the risk of spreading harmful organisms, for which this zone
defined, and it
and the sealing of the packaging)
(b)) the relocation of plants, plant products or other objects, under the
the supervision of the Institute to places outside the protected zone.
(3) the provisions of paragraph 2 shall not prejudice any further measures for
the relevant plants, plant products or other objects, which for them
under this Act, or was ordered by him.
(4) in the case of plants, plant products or other objects referred to in
paragraph 1 which originate in the protected zones and are moved inside
This zone, defined for them in relation to one or more of the harmful
organisms, may Institute in justified cases, to replace the implementation
systematic plant health checks under section 15, paragraph. 1 (a). (b))
the survey referred to in section 29. 4.
(5) on the movement of plants, plant products and other objects into the
the protected zones are in addition subject to the provisions of section 7 (1). 1 (a). (b)), section 7
paragraph. 5, section 14, paragraph. 1 (a). (b)) and section 14, paragraph. 3, § 15 paragraph. 1 (a). (b)) and
§ 15 paragraph. 4, § 16. 4 and § 21. 3.
TITLE IV
PRODUCTS, AND OTHER RESOURCES
Preparations
section 31
Basic provisions
(1) the Department is authorized to establish the standstill period for the product referred to in
the relevant provision of the European Union, are to be established.
(2) the permit holder shall without undue delay notify the Institute
changes in the facts referred to in the authorization.
(3) the permit holder is obliged to ensure that the active substance or
the active substance in the product and the product itself to maintain the composition,
the technical specifications and other requirements for the preparation of the corresponding
the data indicated in the submitted supporting documents, on the basis of
authorisation has been granted, and during the whole period of validity of the permit.
(4) the permit holder is obliged to send to the Institute before first
product on the market on the basis of the authorisation and at each change
to enable the text of the instructions for use of the product, or other resource, including
the relevant risks.
(5) the Institute exposes the way enabling the remote access text instructions
use of the product, or other resource.
(6) the Repackaging of the product permitted to be placing on the market and use of the
the territory of the Czech Republic shall be notified to the Institute no later than 24 hours before the
přebalením, indicating the place and the name and headquarters of the repackaging of the body
preparations repackages. When changing the product must be met
the conditions laid down in the implementing regulation.
§ 32
The application for authorisation
Of the applications for the issue of authorizations granted by directly applicable
Regulation of the European Union concerning the placing of plant protection products on the market,
or authorisation, shall be decided by the Department.
section 33
The authorization procedure
(1) if it is to be in accordance with the instructions for use of the product allowed his mixing with
another product or device, the applicant must prove consent
the holder of the authorisation or consent of the person on whose application was
another resource is written into the official registry, for such use.
(2) the assessment of the product, including its use in terms of the protection of health
provides the Ministry of health on the basis of the assessment drawn up by the
The State Health Institute ^ 23a). Making guest will pay the
the State of health of the applicant Institute Award, which is determined by the
special legal regulation ^ 23b). On the basis of the assessment of the State
the Ministry of health shall issue the Health Institute's toxicological
the opinion of a product (hereinafter referred to as "toxicological assessment") in the form of a binding
the opinion. Toxicological assessment in cases relating to the use of
the product in areas used by the general public or by vulnerable
groups of the population according to § 2 (2). 1 (a). x) also contains the conclusions of the
the prohibition of its use or manner of use and possibilities of its conditional.
(3) the Institute is in fulfilment of the obligations arising for the Czech
Republic of the directly applicable European Union regulation 67) or this ^ ^
the law shall be entitled to require the Department of health issue
binding opinions.
(4) the assessment of the product referred to in paragraph 3 shall give the State Health Institute
without remuneration.
(5) an authorization procedure to be interrupted, even if not to the Institute from the
The Department of health or the competent authority of the Member State
The European Union or of the competent authority of the European Union the information necessary
to carry out the evaluation of the product in accordance with the requirements of directly applicable
Regulation of the European Union ^ 72), while this adjustment does not affect the
provision for interruption resulting from a directly applicable regulation
The European Union governing the placing of plant protection products on the
^ market 67).
(6) the fact that the request for authorisation was submitted to the Institute,
can be made public before the end of the proceeding only with the consent of the applicant for
the authorization.
§ 34
The decision on authorisation
(1) the Institute may, in a decision on the authorisation for
and) requirements and restrictions in relation to the prevention of the emergence of resistance
the harmful organism,
(b)) requirements for marking of packaging of the product, including the compulsory data
referred to in the text of the label of the product,
(c)) the data requirements, which must be marked with the packaging containing the Group
product in the sales packaging and transport packaging containing the product in
grouped packaging or sales packaging,
d) measures to reduce the risks, including measures to protect water,
(e) the requirements for the product) laid down in the technical specifications,
(f) the requirements and deadlines to) the provision of further information relating to the product
or its components,
(g) monitoring of undesirable) effects of the use of the product including
the determination of the extent of this monitoring,
(h) the obligation to supply) the original packaging or labelling of the product information in the
accordance with the new decision, it was granted.
(2) the Institute shall not allow for non-professional use products, which do not
reduced risk to human health by laying down further measures that the
the basis of the assessment of the effects on public health, pursuant to section 33, paragraph. 2
and) are classified as toxic or very toxic pursuant to the chemical
the law,
(b)) have been assigned a class and hazard category acute toxicity
category 1 or 2 ^ 80), or
(c)) have been assigned a class and hazard category acute toxicity
category 3 ^ 82) or toxicity to specific target organs after
single or repeated exposure category 1 ^ 82).
(3) the product cannot be enabled for air application
and) as regards toxic or very toxic pursuant to the chemical
the law,
(b)) in the case of a preparation dangerous or highly dangerous for the terrestrial
vertebrate animals or bees,
(c)) is not a rewording of the preparation for the appropriate application,
or
(d)) excreted when the air application the conclusions of toxicological
opinion.
section 35
Amendment and revocation of authorisations
(1) the Institute shall amend or withdraw the authorisation, in addition to the grounds set out in regulation
The European Union ^ 67) concerning the placing of plant protection products on the market,
If
and the existing permit) must be set in accordance with the relevant regulation
The European Union ^ 67) concerning the placing of plant protection products on the market,
the legislation issued on the basis of, or
(b)) in the framework of control product was detected a difference in the composition of the preparation
secured when checking the preparation and composition of the product resulting from the
dossier to the preparation, on the basis of which it was granted
authorization, and this difference in composition was the holder of the permit in two
subsequent inspections of the product shown.
(2) the Institute shall note in the file of the changes announced by the holder of the authorization
consisting in the
and for the person authorized to Act) is a legal person,
(b)) change of address of the registered office or the address of the place of residence of the holder
the authorization,
(c) change the name or names) of the holder of the authorisation,
(d) change in manufacturer or manufacturing) plant product,
(e) change in manufacturer or manufacturing) plant active substances, if this change
assessed and approved within the European Union.
(3) in proceedings for the modification of the authorisation, the Institute shall proceed pursuant to section 33 and 34.
If the authorization was revoked from the reasons mentioned in paragraph 1 (b). (b)), can be
a new application for a permit for that product to submit as soon as possible in 2 years
from the entry into force of decision of the revocation of the authorisation of the product.
(4) an appeal against a decision of the Institute referred to in paragraph 1 (b). and (b)))
does not have suspensory effect.
(5) the person who was the holder of the authorisation, shall, after the acquisition of the legal
the decision on the revocation of the authorisation shall forthwith withdraw the product from the
market, if not in the decision on the revocation of the authorisation by the Institute established
standstill period ^ 73).
(6) the holder of the permit is obliged to demonstrable and in an appropriate manner
inform the legal or natural persons from the product
be taken, of the reasons for cancellation or amendment of the authorisation and of the time limits
laid down in the decision.
section 36
The assessment of the equivalence of active substances
In the case of the evaluation of the impact on the health of people in the management of the assessment
equivalence ^ 74) according to § 33 shall proceed mutatis mutandis.
§ 36a
Active substances, safeners, synergists and co-Formulants
(1) the Institute shall carry out the tasks associated with the approval of active substances, safeners,
Synergist and co-Formulants under directly applicable regulation
The European Union governing the placing of plant protection products on the
^ market 67).
(2) the assessment of the protection of the health of the people in the form of a binding
opinions of the Ministry of health provides under section 33, paragraph. 2 to 5
the Act similarly.
§ 37
Extend the authorisation for the use of minority
(1) the Institute shall proceed in the proceedings to extend the authorisation of the minority
use ^ 75) under section 32 to 35.
(2) the criteria defining the minority use of lays down
legal prescription.
§ 37a
The extraordinary conditions in the plant protection
(1) the Department is in the case of emergency States in the protection of plants authorized to (i)
No product design enable. In this case, the Department shall issue instead of
the decision on the authorisation of the preparation of the regulation of the Institute in a manner pursuant to § 76
paragraph. 2 the second and fourth sentences, in which lays down the conditions for the marketing of
on the market and use of the product.
(2) the assessment of the effects on health of people carried out at the request of plant health
authorities in the cases referred to in section 38b paragraph. 1 the Ministry of
health care.
(3) the Ministry of health shall issue, without delay, a binding opinion in
cases of emergency States in the protection of plants according to § 33 paragraph. 2 to 5
Similarly; for the preparation of the report, in these cases, the remuneration
not required.
section 38
Mutual recognition of authorisations
When you change and cancellation of the mutual recognition of authorisation shall likewise
under section 35.
§ 38a
Transfer of permit
(1) the holder of the permit may transfer the product authorization
a natural or legal person. The transfer authorization must be submitted to the
the applicant Institute application with appropriate documentation. In the request for transfer
the authorization must be designed the date on which the transfer permit is to be
effected. The annex to the application for transfer of permit approval must be
with the transfer of the authorisation holder, including consent to the proposed date of the transfer
authorization and proof of the consent of the owner of the documentation with access to
documentation about the preparation and the active substance or evidence of a transfer of rights or
consent to access documentation on the preparation and the active substance on the new
of the holder.
(2) the permit shall also be the date on which the transfer
take place, and any time limit to doprodeji and consume the product inventory
According to the previous authorization, if the sale and consumption of inventory
the product requested. The new holder shall enter fully into the rights and
the obligations of the previous holder. Time limits set by the previous
the holder of the authorization is not a transfer of their prejudice.
section 38b
Other measures
(1) in the event that it is necessary to protect plants from harmful organism
and
and) for the use of is allowed 5 or less in the form of active substances
separate products,
(b) preparations are not allowed) as a result of resistance to be sufficiently
effective,
(c)) allowed preparations cannot be applied with regard to the specific requirements of the
the protection of human health or the environment, or
(d) use of the product) requires integrated plant protection or is
product use in organic farming,
enables the Institute due to the public interest to extend the authorisation of the minority
use the release of the regulation of the Institute. Regulation of the Institute shall be issued by the Department in a manner
pursuant to section 76, paragraph. 2 sentences of the second to fourth.
(2) For the purpose of the authorisation of the plant protection product to the placing on the market and
the use of reason in the public interest referred to in paragraph 1 shall issue to the Department
vocational assessment carried out in the form of mutual recognition or
mutual recognition of authorisations for the use of enhanced minority regulation
The Institute in a manner pursuant to section 76, paragraph. 2 the second and fourth sentences, in which the
It shall fix the conditions for the placing on the market and use of the product.
(3) the procedure laid down in paragraph 1 or 2 shall not affect the emergency
the situations referred to in the regulation directly applicable European Union legislation
the placing of plant protection products on the market ^ 76).
section 38 c
Adjuvants
In the procedure for authorisation of the placing on the market and use of adjuvant ^ 77), proceed
under section 32 to 35.
section 39
the title launched
(1) the Institute no later than within 1 month from the end of each calendar
the quarter also shall inform the other Member States of the European Union and
The Commission issued permits and the cancellation of the authorization.
(2) the Institute shall publish an annual list of the Journal and other
the funds authorised in the Czech Republic.
(3) the Institute shall be entitled to inform the public through the media
resources about the potential and the identified hazardous effects of the product, or
another resource on the health of humans, animals and the environment,
including residues of the active substance.
section 40
cancelled
§ 41
cancelled
section 42
cancelled
§ 43
Check products and other resources
(1) the control of products and other resources means checking
compliance with the conditions, requirements and obligations laid down directly
the applicable law of the European Union ^ 67), this law, its
the implementing legislation and the Constitution permits natural and legal
persons and concerning the products as products, putting them in the Czech
Republic on the market, storage, storage in the framework of the distribution and
the use of the.
(2) Control products and other resources also means their
laboratory testing, verifying whether the composition of the product, its chemical,
physical and technical characteristics, or biological properties
in the case of a product containing micro-organisms, are in accordance with the
the conditions laid down in the authorisation, including data in the supporting documents, to
the basis of which it was issued.
(3) the use of the product and further resource means all
activities that directly lead to its application, in particular the transitional
storage outside the distribution, immediate treatment, its dilution,
mixing and application itself using the device for an application.
(4) the Inspection shall be subject to the production, labelling and repacking
products or other resources if this activity is directed to the marketing
on the market.
(5) the determination of the deficiencies, the Institute may impose measures under section 75 or
section 76, paragraph. 1 (a). f) or (g)).
(6) the product or other resource represents a serious risk
in particular, if its effects were not assessed in the decision making process.
(7) consumer packaging with product Samples or other means
for laboratory examination taken Institute
and on the spot where) occurs to the distribution, sale or storage for
the notification to the holder of the authorization, or
(b)) and without notification the holder of the authorisation, if it is due to the
the controlled product or to the next resource and the circumstances appropriate.
The sampling shall be drawn up, covering also the price confirmation
of the sample taken, for which the sample was taken by its owner.
(8) the holder of the authorization shall request the Institute to deliver on its own
cargo
and analytical standard included) of the active substance or active ingredients
equipped with a certificate of analysis,
b) analytical standards of toxicologically or ecotoxicologically significant
impurities,
(c)) in the intact sample corresponding to the number of sales packaging
(batch) or an additional resource listed on the market in the Czech
Republic, and in the quantities strictly necessary for the implementation of the control
analysis and within the time limit and place designated by the Institute.
(9) the holder of the authorization shall be chargeable in the case of sampling referred to in paragraph 7
(a). and (b))) or owner of the product, the price at which the sample was
the owner purchased, specified in the certificate referred to in paragraph 7.
(10) if the Department finds that the sample taken in accordance with paragraph 7 suits
the law and implementing regulations, the holder of the authorization shall transmit to the rest of the
controlled product and at the same time issues the certificate to the composition of the
the preparation for its further placing on the market and use of. For the quantity
the product, which was used for laboratory analysis, the Institute shall provide
the holder of the authorisation the proportional reimbursement under the price paid by
paragraph 9 and which does not exceed the price of the usual, if the holder of the authorization of the
refund request within 2 months from the day on which it was notified of the result
laboratory examination. A waste of the expiry of this period shall be entitled to reimbursement of the
shall cease. The Institute shall provide the refund within 30 days of the date when it
the holder of the authorisation requested. Compensation shall not be granted if the price of collected
the sample is less than 300 Czk.
(11) the person carrying out the distribution of the product, or other resource
pursuant to section 46a is obliged to provide under the procedure referred to in
paragraph 7 and suffered during the sampling, the presence of the holder of the authorization.
§ 44
cancelled
section 45
The decision on eligibility to conduct experiments and tests with the products or
other resources
(1) a decision on the competence to carry out experiments and tests shall be issued by the Department of
at the request of the natural or legal person who is eligible
to carry out experiments and tests in accordance with the requirements of the correct pokusnické
practice. If the administrative authority finds that the applicant is not eligible under sentence
First, the request will be rejected.
(2) the decision of the Institute shall provide in particular
and testing area)
(b) the period of validity of the decision).
(3) the Institute shall issue the decision in compliance with the requirements referred to in paragraph 1 in
the time limit of 60 days, in particularly complex cases within 90 days.
(4) the decision shall be issued for a period of 5 years and can be extended.
(5) the request for extension of the validity of the decision is served at least 90 days
before the date of expiry of the decision.
(6) the Institute extended the validity of the decision and shall reject the application if the
and violates the requirements of the holder) the right to practice or pokusnické
the facts set out in the decision, or
(b)) the applicant has not at the time of deciding on the extension of the
the decision of the fulfillment of any of the requirements of good pokusnické practice.
(7) the Institute is entitled to in relation to the persons referred to in paragraph 1
and to exercise supervision in terms of) the requirements of the correct pokusnické of the practice,
(b) establish and approve the methodology) testing of the products,
(c)) require information and documentation on the fulfilment of the requirements of good
pokusnické practice
(d)) require information about the preparation and testing of products, as well as
presentation of the documentation on the testing of products and places, where attempts to
are underway.
(8) the Department shall suspend the validity of the decision of the decision in the case of infringement of the
the requirements referred to in paragraph 6. The decision to suspend the validity of the
the decision is the first act in the proceedings and the appeal against the decision has
suspensory effect.
(9) If, by the holder to remedy the identified
shortcomings, the basis on which was suspended, Institute of
cancels the decision on the suspension of the decision. For information about the
the suspension of the decision and its cancellation exposes the Institute
in a manner enabling remote access.
(10) when deciding on the suspension of the decision shall take into account the Institute
the seriousness of the violation of the requirements of proper pokusnické practice, to the duration of the
in this State, to the consequences of this State caused by, as well as to whether
There was a remedy for this condition.
(11) the holder is obliged to no later than 3 days before the first application
preparation, sowing seed or by planting seedlings treated with the preparation
notify the Institute
and the name or code of the product),
(b) the name or code) of the active substances,
(c)) of the crop,
(d)) purpose of use,
(e)) the maximum one-time dose.
(12) an application for the issue or extension of the decision the decision of the
competence to carry out experiments and tests shall be made in writing and includes
and) identification data
1. the applicant and the person authorized to act for the applicant (name, where applicable,
the names, first and last name, title, address, place of residence, telephone or
electronic connection),
2. places, on which the tests are to be carried out,
(b) proposal on the definition of the field) of the testing referred to in paragraph 2,
(c) a declaration by the applicant that) it intends to carry out an official test that
1. agrees with the audit to assess eligibility for the implementation
tests of products and shall provide for that purpose in accordance with the requirements of the Institute
the necessary synergy,
2. immediately notify the Institute is committed to changes in the conditions on which
the basis of the decision will be issued.
(13) the implementing legislation provides for requirements documentation
demonstrate competence to carry out experiments and tests, and field testing.
Waste products
section 46
Storage of products or other resources
Professional users, who store products or other
the funds are required to
and) to ensure
1. the storage of products or other means according to their species, and
it separately from other products and products or other resources
intended for disposal as waste ^ 34) and out of reach of the substances, which could
affect the properties of the stored products, or other means,
2. separate storage of products or other resources with expired
their expiry date, and not on the market, if analysis
the corresponding sample has not been shown that the chemical and physical
the properties of these products or other resources meet the conditions
laid down in the decision on the authorisation,
3. interim guidance book evidence of receipt and delivery of the products or
other resources, including products with expired expiry date,
4. the fulfilment of the technical requirements for storage of products or other
resources and other conditions laid down by a special legal regulation, ^ 35)
5. the storage of such products only, or other means, which
they are packaged and labelled in accordance with regulation directly applicable European
Union ^ 67), in the case of storage of products or other resources
intended for placing on the market or use,
(b) inform the Institute upon request) of the places of storage of the products or
other resources.
section 46a
The distribution of products or other resources
(1) the places where this occurs when business activity ^ 35a) to waste
with preparations or other resources within the distribution, shall comply with the
the criteria laid down in the implementing regulation.
(2) control of the distribution of medicines and other resources carried out by the Institute.
(3) a natural or legal person is in the distribution of products or
other resources required to
and to deliver the products or other) resources only in intact
sales packaging, with the exception of products or other means, which
they were subjected to laboratory analysis pursuant to section 43, paragraph. 7 and it is to them
the Institute shall be issued a certificate of the composition of the product in accordance with section 43, paragraph. 10,
(b) immediately notify their customers) of the ascertained defects of the product
or another resource or its adverse effects,
(c) retain the distribution) or other resources
and the origin of distributed products or other means and to ensure
the availability of this documentation Institute for at least 5 years,
(d) the Institute upon request) to provide information on the types and quantities of products
or other means, that in the context of distribution, he added,
e) comply with the principles of good distribution practice
(f) to inform the Institute upon request) of the places of storage of the products or
other resources.
g) sell products for professional use only authorised persons
which show that the final customer preparation has ensured that the
waste products will drive the second or third certificate holder
the degree; on the distribution and issuance of these products leads to the distributor
the register, which contains the issue date of the product, the name and quantity of the
issued by the product and serial number of the certificate of the person for the final
the customer controls the handling of products.
(4) the Distributor, with the exception of the Distributor, which it places on the market only
preparations for non-professional use, you must ensure that these
products sold by the person who is the holder of the certificate of the third degree.
This person at the time of their sale provides information concerning the
use of the product, risks to health and the environment and security
instructions on how to avoid these risks.
(5) When placing on the market of the product of the specified non-professional users
the distributor is obliged to provide information relating to
the risks associated with the use of products, in particular information on
the danger of the influence of persons or the environment, ways
proper storage and application preparation, methods of handling and
its safe disposal in accordance with the law, including the 34 ^ ^)
for information about how to protect plants representing a low risk.
(6) the implementing legislation provides for
and the principles of good distribution practices),
(b)) range and method documentation and records distribution
products or other resources and their origin.
section 47
Preparations which passed the expiry date, may be placed on the market for
1 year, if it is established on the basis of the analysis of the corresponding sample
that their chemical and physical properties match the properties of the
under which the permit was granted. Laboratory analyses of the product
for this purpose, shall ensure that the owner of the product in the accredited laboratories and
to extend the period of application shall be obliged to indicate on the packaging of the product.
section 48
On the management of hazardous preparations ^ 36) and products containing
genetically modified organisms, ^ 32) applies whether or not a specific legal
34. ^ ^)
§ 48a
National action plan
(1) the national plan of action for the safe use of medicinal products (hereinafter referred to as
"the action plan") provides quantitative tasks, goals, measures, and
their performance schedules to reduce the risks and limit the impact of the use of
products on human health and the environment with the aim to promote the development and
the introduction of integrated plant protection and of alternative approaches or
processes, to reduce dependency on the use of the products.
(2) the action plan contains, in addition to the requirements laid down in paragraph 1
in particular, the
and) harmonised and non-harmonised ^ 83) risk indicators,
(b)) trends in use of active substances,
(c)) of the active substance, crop, field, or procedures, which is to be paid to the
priority attention
(d)) for the purposes of schedule achieving good practice safe
the use of the products,
(e) evaluation of the necessary intervals) checks the device for the application
the products, which are not used for spraying products, and additional
device for the application of the products, which are used only in small
range, used by professional users,
(f)) possible ways of informing people who may be exposed to drift
spray,
(g) to promote the application of the procedures) integrated plant protection.
(3) the Ministry in cooperation with the Ministry of health and
The Ministry of the environment creates and evaluates and always
at the latest after 5 years of updates of the action plan.
(4) the Ministry published a draft action plan or update
in a manner enabling remote access. At the same time, the Ministry shall inform the
the public in the form of a notice in the periodical press ^ 84) on the publication of the draft
action plan or update and about the possibility of persons, that they
He feels affected, inform the Ministry's comments. The time limit for communication
the comments shall be two months from the date of publication of the draft plan of action, or
his updates.
(5) the action plan approved by the Government. Before submitting its proposal to the Government
the Ministry shall evaluate and take into account the submitted comments on the draft
action plan or update. General evaluation of the comments,
that is clearly related to the submitted proposal, the Ministry of
be published in a manner enabling remote access. In the event that a comment
not satisfied, publish, whether or not the reason.
(6) the Ministry shall publish the approved action plan to
remote access and immediately announces the Commission of any significant changes in the
the action plan.
section 49
(1) the Products shall not be used contrary to the directly applicable
the EU regulation ^ 67) and this Act, with the exception of the extended
the authorisation or use for purposes of research and development or testing. When
their application shall be
and) contrary to the requirements observed on water protection, bees, deer,
other aquatic organisms and non-target organisms including plants,
laid down in the implementing regulation,
(b) the affected plants and areas) outside the land on which the
the application.
(2) the details of the use of the product to the vertebrate pest
lays down detailed legal prescription.
(3) On the application of the provisions of the vocational
eligibility for the handling of products (section 86).
(4) the Institute exposes the way enabling the remote access data on
consumption of active substances that are contained in the products,
summarized in annex III to regulation of the European Parliament and of the Council
(EC) No 1185/2009 concerning statistics on pesticides.
(5) Disclosure or provision of information on consumptions for the active substances and
preparations in relation to the territorial unit shall not be regarded as violations of the
business secrets.
(6) the method of compliance with the requirements referred to in paragraph 1 (b). and)
the implementing legislation.
section 50
(1) a natural or legal person who, in commercial activities
intends to in the outdoor or greenhouse environment use the marked product
on the basis of the authorisation as highly toxic, is obliged to make a written request
The Institute for approval with its use. In the request shall indicate the cadastral area and
reference number of the property, where the product is to be used, the crop that has
be treated, the purpose, scope and application of the term.
(2) the Institute shall issue a written authorization for the use of the highly toxic product
If it finds that the necessary treatment of the product referred to in paragraph
1 cannot be done otherwise, especially if you cannot make them less dangerous
preparation. A copy of the authorisation shall forthwith inform the applicant and the locally
the competent authority to protect public health.
(3) On the handling of highly toxic products covered by the specific
legislation. ^ 37)
section 51
The protection of bees, game meat, aquatic organisms and other non-target organisms
during the use of
(1) a natural or legal person who, in the business of used products
in the outdoor environment shall not apply the products, which are referred to in
the authorization marked as
and) dangerous or particularly dangerous to bees, if prior to application
does not flow in accordance with paragraph 2; This provision also applies to the
application of other preparations and substances whose use is for bees
dangerous,
(b)) preparations for rodents (rodenticides) on the property which is
part of the hunting ground, if these have not been notified to the authorised application
the user ^-40) and the Constitution, and no later than 3 days before the commencement of the
the application of the product.
(2) prior to the application of the products referred to in paragraph 1 shall be
and to find out at the locally competent) municipal authorities information to location
habitats in the reach of at least 5 km from the land on which the
be carried out, and at least 48 hours before the application
notify the affected farmers of the bees and the locally competent municipal authorities
the application of the product,
(b)) to discuss measures to protect the game with authorized user
^-40).
(3) the Keeper of the bees is obliged to notify in accordance with the implementation of the legal
Regulation of the locally competent municipal office of information for the location of permanent and
Transitional habitats.
(4) if the keeper of the bees finds that there has been a death of the bees, or if it detects
user-or the person to whom the responsibility of performance of the rights that
There was a game or fish kills as a result of use of the product, it shall notify the
immediately the regional Veterinary Administration. Regional animal health management in
synergy with the Institute performs the local investigation; If he has doubts about the
the cause of death, in connection with the use of the product, shall ensure that the sampling
in the manner laid down in the implementing regulation, the examination of the
the Professional Institute and the information of the beekeepers or user-
or the person responsible of the fishing rights on the outcome of this
examination. The record of the outcome of the local investigation and the outcome of the examination
the samples will provide the Institute and also to livestock farmers, or the user of the bees
a hunting license or the person holding the power of fishing rights, if they are
the consequences of the use of the person concerned.
(5) the provisions of paragraph 4 shall not affect the right to claim the
compensation pursuant to the general laws.
(6) a local authority shall, on request, the relevant information referred to in paragraph 2
(a). and paragraph 3) and the orderlies and breeders of the bees.
(7) the implementing legislation provides for
and more cases and circumstances), where the protection of bees is required under paragraph
1 (a). and)
(b)) the particulars referred to in paragraph 1 (a) notification. (b)),
(c) the notification referred to in paragraph elements) 2 and 3,
(d)) details to protect bees, game and some other non-target
organisms ^ 41) when using the products.
section 52
Aerial application products
(1) aerial application of the products is prohibited, unless provided
otherwise.
(2) Air application can only be done from a plane or helicopter, is a
the Institute is allowed, on the basis of
and the application of an approved plan of air) and subsequent applications for authorisation
each air application, or
(b) the application for authorisation) extraordinary air application.
(3) the plan air application contains, in particular,
and approximate time) data on the spraying and the preliminary amount and type
applied products
(b)) the measures necessary for the early warning of the local population and random
present persons and risk management measures, to ensure that the
There are no negative effects on the health of randomly occurring
persons,
(c)) the measures necessary for the protection of the environment in the vicinity of the
the treated area,
(d)) definition of the areas in which the air application is intended.
(4) the measures referred to in paragraph 3 (b). (b)), and (c)) must be in accordance with the
the opinions of local authority municipality with extended competence and the County
hygiene stations, which are annexed to the application.
(5) the Institute, at the request of the person who will perform the air application
the plan shall be approved by the air application, if the application of the plan design of air,
which is annexed to the application, it follows that
and there are no other acceptable) alternatives, or in a particular
the case of the aerial application of lower impact on human health and the
environment than land application products
(b)) used products are allowed to use the air application
(c) the person performing the air application) is the holder of the authorisation to
operation of the air works under special legislation ^ 85),
(d)) the equipment used for application products meets the requirements of
provided for in this Act,
(e)) the person performing the air application has ensured performance of air
application by a natural person who is a competent person for the
waste products,
(f) preparations for the application) of the device is equipped with accessories
represents the best available technology to ensure the restrictions
"unwanted drift,
(g)) the area that is to be treated, may not be in close proximity to permanently
inhabited areas.
(6) the application for authorisation of the individual or of the extraordinary air application in addition to the
the formalities provided for in the administrative code contains
and a preliminary period of spraying,)
(b)) the quantity and type of applied products
(c) the exact designation of the area)
(d)) name, or the name and surname of the person who will be the air application
to perform,
e) name, or the name and surname of the person for which the airline
your application to perform,
(f)) proposal for the measures necessary for the early warning of the local population and
randomly occurring to persons,
(g)) the measures necessary for the protection of the environment in the vicinity of the
the treated area.
(7) the Institute, at the request of the person who will perform the air application,
enables a single air application, if it is in accordance with the approved
Plan of the air application, and the decision shall determine the measures for risk management,
in particular, the
and) the measures necessary for the early warning of the local population and random
present persons
(b)) the measures to protect the environment in the vicinity of the treated
area and
c) of the measures to ensure that there are no negative
effects on health of randomly encountered individuals.
(8) in the event that there is a risk of serious economic damage, endangering the health of the
people or animals, or a threat of serious harm to the environment, enables
phytosanitary administration at the request of the extraordinary air
the application. In the decision on the authorisation of the extraordinary air application Institute
lays down the conditions for the implementation of the air applications that correspond to the
the requirements referred to in paragraph 5 and the measures referred to in paragraph 7.
(9) the decision on the permit application or the authorization of the extraordinary
the application will announce its official phytosanitary administration at the plate and official
boards, municipal authorities, whose territorial districts the decision relates.
(10) the municipal authorities referred to in paragraph 9 shall inform the residents about the content
the decision follows in the usual place.
§ 52a
Special measures for the protection of the aquatic environment and drinking water
The application and storage of products, shall be prohibited within a distance of 10 metres
from underground or surface sources of drinking water, ^ 86), if for this
the source was not provided for by the law of the water protection zone. The distance of the
10 metres from the sampling device.
§ 52b
Limitations of the use of or the risk of the use of certain
areas
(1) when using the products in the territory protected by the Special
legal regulation in the field of nature protection ^ 87) is a professional
the user shall be obliged to take measures to minimize the risks of your application
the preparation for the environment, non-target organisms and biodiversity.
The provisions of the special legal regulation in the field of nature protection ^ 87)
This shall not prejudice.
(2) on the grounds and in the buildings, in which treatment is to be carried out
preparation, professional user shall give priority to the treatment
products that represent a low risk of ^ 67) or adopt measures
to reduce the risks to the health of the people, if the land or
objects used or to have access to workers in agriculture,
or is the area used by the general public or by vulnerable
groups of the population.
section 53
Parallel trade
(1) If, in a permit for the reference product to change the permission of the
terms and conditions of its placing on the market or use, the Institute performs the
the procedure for changing the authorization for the simultaneous trade similarly.
(2) the holder of the authorisation of the reference product is not
a participant in the proceedings for the authorization of parallel trade.
(3) in proceedings for the authorization of parallel trade, the Institute shall proceed according to the
the provisions of section 3 to 35.
Other resources
§ 54
(1) other resources are auxiliary means of plant protection products and
bioagens used to protect plants (hereinafter referred to as "bioagens"). Auxiliary
means of plant protection substance is natural or synthetic
the origin of the outside of the active substance, prepared in the form in which they are placed on the
market, and intended for use in plant protection (hereinafter referred to as "instrumental
means "). Bioagens is a resource for plant protection products containing
macro nature live parasites or predators out of parazitoidů
vertebrate animals, in the form of product provided by the user for use against
harmful organisms on plants or plant products. For more
resources may be placed on the market and used if they Institute
entered into the official registry. To the marketing of the next device on the market is
only a natural or legal person on whose application the entry
into the official registry is executed; This provision shall not apply to persons
that means more selling, their sale or expose the
Another way is to provide users without affecting their
the properties of the form or the packaging and labelling or.
(2) the request for the registration in the official registry of the Institute serves the manufacturer or
importers wishing to another means to bring to market (hereinafter referred to as "the applicant about the
write ").
(3) the Institute shall decide on the basis of a request for registration of a further
the resource into the official registry within 6 months, if they have been
the fulfilment of the requirements laid down in the implementing regulation and of the applicant for
registration issued a written statement that this resource meets specific
requirements under section 58, in the case of an auxiliary resource and section 59, if the
bioagens, and the Institute did not find written declaration by the applicant for the registration of
false.
(4) the applicant for registration is required to deliver at his own expense the samples
auxiliary device or bioagens, whose entry in the official registry is
required. Technical requirements for an application for the registration of an additional resource to the
the official registry lays down detailed legal prescription.
(5) in the event that the instructions for use of an additional resource to be listed
the ability of the mixture to another product or another means, you may Institute
require the applicant to prove the consent of the holder of the authorisation,
If the product, or, in the case of another resource, the consent of the person to
the request was another means of written into the official registry, which
It is to be smísen, to such use.
(6) If an additional resource that contains genetically modified
organisms can be entered in the official register in compliance with the requirements
laid down by this law and the law governing the handling of genetically
genetically modified organisms and genetic products ^ 32).
(7) other resource Institute shall not be registered in the official register, if
contains the macro-organisms that pose a risk to human health,
animal health or to the environment.
(8) if the Department finds that the additional resource does not meet the requirements referred to in
paragraph 2 or 3 or does not correspond to a specific law, issue 42) ^ ^
the decision rejecting the request for the registration in the official registry, or
shall decide on its deletion from the official registry, if it is registered.
(9) the entry into the official register referred to in paragraph 1 are not subject to further
the funds are intended exclusively for research and development purposes.
(10) If this is necessary for the protection of human and animal health or the
the environment or with regard to the use of the product, the Institute can
by decision of the
and to limit the validity of the registration), the official registry for a specified period,
(b) limit the scope of the area of use) of the next device,
(c)) to establish specific conditions for the use of the next resource, or
(d) provide for the information which) must be another resource identified.
(11) the Institute may, another means to review and decide on changes to its
labelling or its use, if it is necessary for compliance with the
the legislation of the Czech Republic and with the regulations of the European Union, as well as with the
the relevant technical standards or contemporary scientific and technical
knowledge.
(12) at the request of at least two months before the termination of the validity of
decision on registration of the next resource in the official registry of the Department of
Decides to extend the validity of the registration. The provisions of paragraphs 1 to 11 shall
in doing so, shall apply mutatis mutandis.
(13) If an auxiliary resource or bioagens that contains genetically
modified organisms, these resources can be written into the official registry
only on the basis of the consent of the Ministry of the environment issued by
Special Act. ^ 32)
(14) the use of other resources not included in the official registry, or
the use of other resources, notwithstanding their registration (hereinafter referred to as
"experimental use of additional resource") it is possible, if
and this was no later than) 60 days before the commencement of writing
notified of the Institute,
(b)), the Institute has not prohibited the experimental use of another resource,
no later than two days prior to its beginning, or has provided special conditions
for this use, if this is necessary due to the health hazard
people, animals and the environment, plants and plant products.
(15) the notification referred to in paragraph 14 (a). and) contains
and the identification of the notifier (company) or name, or the name and registered office
last name and address)
(b)) designation of places where has experimental use another resource
take place,
(c) a description of the purpose of the range) and the experimental method using the next
resource.
(16) On the treatment of ancillary resources subject to section 46 to 50
Similarly.
(17) in the registration procedure of the next resource into the official registry
It shall apply the provisions of section 31 to 35.
(18) the provisions on the transfer of authorisation of the product pursuant to section 38a, the provision
information on adverse reactions to products and the exchange of information pursuant to section
39 and the use of the products, pursuant to section 49 shall apply mutatis mutandis to other resources.
section 55
A person who has been issued a decision on registration of the next resource
the official registry, is obliged to indicate additional resources, which lists the
market data set out in the implementing regulation.
section 56
A person who has been issued a decision on registration of the next resource
the official registry, is obliged to immediately notify the Institute
and new findings about possible) and detected the harmful effects of this
resource,
(b) amendments to the official authorization to) the placing on the market of this resource, which
have occurred in the Member States of the European Union.
§ 57
(1) the control of other resources that correspond to the specific requirements of the
under section 54, paragraph. 3, be carried out by the Institute.
(2) a person who has been issued a decision on registration of the next resource
the official registry, is obliged to challenge the Institute deliver on its own cost
samples of the auxiliary device or bioagens registered in the official
the registry corresponding production numbers (batches) to the market in the Czech
Republic.
section 58
Auxiliary resources
(1) an auxiliary resource meets the special requirements referred to in section 54, paragraph. 3,
If
and) has no unacceptable effects on plants or plant products
coming into contact with him in his application,
(b)) is effective in terms of the purpose for which it is intended,
(c)) are identified all the components that make it up,
d) are defined by its physical, chemical, and other properties of the evidence
its standard production,
(e)) does not increase the risk of the use of the products,
(f)) its use does not detrimentally on human and animal health and the
environment, in particular on underground water,
(g)) does not contain substances whose production, importation and distribution in the Czech
Republic are prohibited.
(2) the application for registration of the auxiliary device into the official registry
expresses the Ministry of health in terms of protection of the health of the people.
If the auxiliary means substances which possess dangerous
properties, shall be subject to classification under the special law. The applicant for
the registration shall submit the results of this classification as the basis for a decision to
application for registration of the auxiliary device into the official registry.
(3) if the subsidiary nature of the resource, the Institute may require
the applicant for registration of the said written opinion the holder of the
the authorisation of the product with which it is to be used together and whose properties
or effects have to be adjusted.
section 59
Bioagens
Bioagens meets the special requirements referred to in section 54, paragraph. 3, if
and is defined by its values) the properties of a dokazujícími its standard
the production,
(b)) contains the macro-organisms, which are original to the zoografickou area,
to which it belongs within the Czech Republic; If this condition is not
fulfilled, it shall proceed in accordance with a special law, ^ 41)
(c)) is effective for the purpose for which it is intended,
(d)) does not contain folders that show adverse effects on human health,
that is not the usual personal protective equipment.
section 60
Record keeping and information about the marketing of products or other resources
on the market
(1) the Entrepreneurs, who place on the market products or other resources,
or entrepreneurs who preparations or other resources in the territory of the Czech
Republic of stored for the purpose of export to third countries, are
required to
and notify the Institute) within 3 days of the relocation on the territory of the Czech Republic
the name of the product, or other device, and the quantity per
lot numbers, which moved from another Member State of the European Union
or imported from a third country, and
(b) upon request of the Institute to provide) information about packaging and deliver samples
the packaging of preparations or other means.
(2) Entrepreneurs, who within the territory of the Czech Republic for more resources
manufactures, are required to provide on request of the Institute the Institute data on
the quantity sold to other resources, including names and lot numbers.
(3) the Entrepreneurs who sell products or other resources, are
required in the proof of their sale to indicate whether or not the batch number and date
the end of the period of application of the product, or other resource. This
the provisions shall not apply to the seller in retail outlets.
(4) the information referred to in paragraphs 1 to 3 shall not affect the right
applicable provisions of the regulations of the European Union) governing the provision of ^ 67
information or records management bodies governed by private law.
(5) the method of keeping records of used products professional
^ 88) lays down detailed legal prescription.
THE HEAD OF THE
MECHANISATION
section 61
Device for the application of
(1) equipment for the application of the products, which are used for application
products within the business (hereinafter referred to as "professional equipment for
the application of "), with the exception of application equipment
products and back sprinkles, must be subject to the inspection
testing under this Act.
(2) for the application of the device may only be used within the business to
application of the only person competent for dealing with
preparations.
(3) the operator of a professional equipment for preparations must
keep the device in an appropriate technical condition, to carry out his
calibration and check to ensure the correct and high-quality application
products and in the period between regularly carried out inspection testing.
(4) the operator of a professional device for the application of
progresses in its use depending on the type and mode of application
products so as to minimize risks to human health and the
environment.
(5) the operator of a professional device for the application of
adheres to established procedures for the preparation of spray and for
professional cleaning equipment for the application of the products.
(6) the Institute checks the use of professional equipment for the application
preparations.
(7) the implementing legislation provides for
and elements of the procedure and maintenance) calibration of professional equipment for
the application of the products referred to in paragraph 3,
(b) the restriction of the use of individual professional) device for the application
products and procedures for their use, depending on the species and how the
the application of preparations leading to minimise the risks for the protection of the health and
of the environment in accordance with paragraph 4,
c) procedures for the preparation and for spray cleaning
professional equipment for the products referred to in paragraph 5.
section 62
Device for the application of restrictive side trip preparations
(1) the requirements for limiting unwanted drift of lays down
legal prescription.
(2) the Institute conducts and publishes in a manner enabling remote access
Overview of equipment for preparations in terms of limiting unwanted
drift.
(3) when using the device limiting the fling products may not be for
the conditions laid down by the implementing regulation complied with the trade
the distance specified in the decision on the authorisation of the preparation.
the title launched
section 63
Evidence of professional equipment for the application of
The establishment of the control test in the context of their findings by
the control of professional equipment for preparations to be transmitted without
undue delay, remote access to the register of professional
device for the application of the data in the range
and, where appropriate,) the name and last names, or the name of the owner
professional equipment for the application of the products,
(b) the name, if applicable), name and surname, or name of the holder
professional equipment for the application of the products, if the person is different
from the owner,
(c)) identification data of professional equipment for the application of the products,
that has been subjected to the inspection, testing
(d)) whether professional equipment for the application of
meet the requirement or not,
(e) the date of implementation of the control test),
f) overview of deficiencies found,
(g) a list of issued documents) the performances of professional
device for the application of the products,
(h) the name of the establishment of the control test).
section 64
Control testing
(1) the control testing consists in the review of the eligibility of the
professional equipment for preparations for the right application
preparations according to technological requirements on professional equipment for
the application of the products.
(2) the audit testing performed by the Institute or the operator control
testing. Based on the result of the inspection or testing, the Institute shall issue the
the control operator certificate of competency testing
professional equipment for the application of the products together with the results
carried out by testing for the needs of the owner or the holder of the
professional equipment for preparations and marks the
device inspection sticker.
(3) certificate of execution control testing published in other
the Member States of the European Union shall be considered as certificates referred to in paragraph
2, until the last control testing carried out in another
the Member State of the European Union, a period longer than the time limit for inspection
testing provided for under this Act.
(4) Implementing legislation provides for
the time limits for implementation) surveillance testing of professional equipment
for the application of the products,
(b) the technological requirements for a professional) device for the application
the products,
(c) technological process control testing) professional equipment
for the application of the products,
(d)) the technical conditions for inspection testing of professional equipment
for the application of the products,
(e)) and the model certificate of professional competence of the device
for the application of the products,
(f)) and a pattern of inspection stickers referred to in paragraph 2.
section 65
The operator control testing
(1) the operator of a control test is obliged to follow the
technological requirements on professional equipment for the application
products and to follow the implementation of the technological process control
testing, which are laid down in the implementing regulation.
(2) the operator of a control test leads an interim registration
professional equipment for the application of which was with him
subjected to testing, which contains the information referred to in section 63.
(3) a condition for granting trade privileges to operate
concession trades ^ 89), on the basis of which it is the operator in the
specific establishment authorised to carry out the inspection testing
professional equipment for preparations, it is the opinion of the Institute.
Natural or legal person to request for the concession shall communicate outside the requirements of the
laid down by a special legal regulation ^ 90) the address of the location of the plant
and shall be accompanied by a technical dossier of the equipment of the establishment. In the opinion of the
The Institute shall indicate whether the establishment and its equipment corresponds to the technical
the conditions for the control of professional testing equipment for
medicinal products laid down in the implementing regulation.
(4) The Trade Licensing Office will limit ^ 91) the operation of the concession
trades in accordance with paragraph 3 of the approved establishment.
(5) the performance of the control test checks for the Institute.
the title launched
section 66
cancelled
§ 67
cancelled
The technical equipment to control harmful organisms
section 68
(1) the technical equipment to control harmful organisms referred to in this
the law means a device whose design and technical competence
allows you to use to control harmful organisms by physical methods
for example, heating or irradiation of the object, which may be or is the
harmful organisms attacked (hereinafter referred to as "technical equipment").
(2) the legal or natural person who intends to use the technical
the device for a purpose referred to in paragraph 1 (hereinafter referred to as "operator
technical equipment "), is required to ask the Department for recognition
This device and the entry in the register of operators.
(3) if it satisfies the technical equipment of the applicant's technical and technological
the requirements laid down in the implementing regulation, the Institute shall issue a decision
the recognition of this device and its registration in the register
the operators of the technical equipment including the allocation of marks for
labelling of wood and wood packaging material treated in recognised
the technical equipment of the operator's technical equipment.
(4) the operator of a technical device registered under
paragraph 2
and) may to control harmful organisms use only operated
recognised technical equipment,
(b)) is obliged in the operation of technical equipment for the purpose of exterminating
harmful organisms to comply with the implementing legislation laid down
technical and technological requirements and follow the technological
procedure, approved by the Institute, which sets out detailed requirements
legislation, and
c) announces the Institute without undue delay of any change of a recognised
a technical device, which may lead to failure to comply with the technical and
technological requirements referred to in point (a) (b)), and their operation
recognised technical equipment.
§ 69
(1) legal or natural person, who intends to produce from
wood packaging material treated wood or treated wood packaging
refer to the material (hereinafter "manufacturer of treated wood packaging
material "), is required to apply for entry in the register of the Department of manufacturers.
(2) the Institute shall issue a decision on the applicant in the register for the input producers
treated wood packaging material, including the allocation of marks for
labelling wooden packing material, if it meets the
technological requirements on wood packaging material marking.
(3) the manufacturer of the treated wood packaging material into the
the register referred to in paragraph 2
and to produce), may wood packaging material, which intends to mark the
mark allocated pursuant to paragraph 2, use only wood treated in
accordance with the technical and technological requirements, referred to in section 68
paragraph. 4 (b). (b)),
(b)) is required to comply with the technological requirements for the labelling of
wood packaging material and follow the technological
procedure approved by the Institute, and
c) announces the Institute without undue delay of any change in procedure
marking of wood packaging material, that may lead to non-compliance with
technological requirements referred to in point (b)), and their labelling
wood packaging material.
(4) the requirements for the marking of wood packaging
the material and the technological procedure lays down the detailed
legal prescription.
section 69a
(1) legal or natural person, who is not entered in the register
the operators of technical equipment under section 68 and the register of manufacturers
wood packaging material treated according to § 69, may refer to
or to procure evidence of the treatment of wood or wood packaging
material.
(2) the operator of a technical device and manufacturer of treated wood
the packaging material, which is the holder of the Institute in accordance with section 68
paragraph. 3 and § 69 paragraph. 2 only use the tag assigned to him
The Institute, and it only
and to the labelling of wood or) wood packaging material treated in the
a technical plant approved in accordance with section 68, paragraph. 3 and in compliance with the
technical and technological process referred to in section 68, paragraph. 4 (b). (b))
and or in section 69, paragraph. 3 (b). (b)), and
(b)) in the manner prescribed implementing legislation.
(3) the Institute shall keep a register of operators of technical equipment under section 68 and
Register of producers of treated wood packaging material pursuant to section 69.
(4) the Institute shall cancel the decision on the recognition of the competence of technical equipment,
the entry in the register of operators of technical equipment under section 68
or register of producers of treated wood under section 69 and
the allocation of marks for the marking of wood packaging material
treated in a technical plant approved operator and or
marking of wood packaging material manufacturer, if
establishes that the holder is not eligible for the labelling of treated
wood packaging material according to the international standard by
does not meet technical or technological requirements referred to in section 68, paragraph. 4
(a). (b)) or the technological requirements set out in § 69 paragraph. 3 (b).
(b)).
(5) the implementing legislation provides for
and the elements and the model of the mark) referred to in section 68, paragraph. 3 and § 69 paragraph. 2 and
the method of marking referred to in paragraph 2,
(b)) the technical and technological requirements for technical equipment under section 68
paragraph. 3 and section 68, paragraph. 4 (b). (b)) and the essentials of the routing
(c) the technological requirements for the marking) wood packaging material
and the particulars of the routing according to § 69 paragraph. 3 (b). (b)).
TITLE VI OF THE
STATE ADMINISTRATION IN MATTERS OF PLANT HEALTH CARE
Part 1
Authorities of the plant health care
section 70
State authorities in matters of plant health care
(1) the authorities of the State administration in matters of plant health care are
the Ministry, the Institute and the customs administration.
(2) in the field of plant health care be exercised within a defined range of
the Administration also municipal offices and the municipal authorities of municipalities with extended
48. ^ ^)
section 71
The Ministry of
(1) the Ministry of
and on the basis of the request) Decides to accredit the educational establishments,
(b)) provides for the main tasks of the plant health care in the area of science and research
focusing on the research methods of integrated plant protection, in particular
non-chemical methods of plant protection and plant protection methods
using products with a low risk,
(c) shall be appointed by the Council of the Department of plant protection) as a Professional Advisory
authority for the area of plant protection in agriculture and forestry, which
the challenge is to make recommendations concerning, in particular, the protection of the State before the
wood affecting and the proliferation of certain harmful organisms and their
repression, minimizing the risks associated with the measures for the protection of
plants, priorities in research, consulting, development, international relations
and coordination of activities in the field of plant health care
(d)) ensures continuous coordination with the Ministry of health
monitoring residues and undesirable products of harmful organisms
in plant products and raw materials for the production of food and feed and
It shall draw up a summary of the assessment report for the Czech Republic,
e) ensures coordination with the Ministry of the environment monitoring
and protection against the spread of the invasive alien harmful organisms and persistent
monitoring of adverse side-effects of authorized products, methods and
systems of plant protection and genetically modified organisms referred to
on the market under a special legal regulation ^ 32) to selected folder
the environment, in particular the aquatic environment and soil, concentrates on them
information and ensures the development of the summary evaluation report for the Czech
Republic,
(f)) is responsible for the implementation of commitments in the field of plant health care
results from the Czech Republic's membership in international organizations,
in particular, from the membership of the International Plant Protection Convention and the European
Union, handles the national plant health care strategy and ensures
her coordination at national and international level,
(g)) is responsible for ensuring the protection against the introduction and spread of individual
harmful organisms in accordance with the specific legislation of the European
Union ^ 49) including the issue of the relevant legislation,
(h)) asks the Commission to provide financial contributions under the Special
Regulation of the European Union "^ 1") to cover the costs for the necessary measures taken or
the planned measures to eradicate or prevent the spread of harmful
organisms in accordance with section 10, paragraph 1. 5,
I) exposes the way enabling the remote access list of the use,
regarded as a minority.
(2) the Ministry may grant, under the conditions laid down in paragraph 3
an exception from the
and the provisions of section 7 (1)). 5; This is without prejudice to the provisions of § 8 paragraph. 1,
(b) the provisions of § 21). 1 (a). (c)),
(c) the provisions of § 21). 1 (a). (d)), and it's only for imports of consignments of
wood, if the obligations pursuant to § 21. 1 (a). (d))
alternative documents or marks.
(3) the exception referred to in paragraph 2 may be granted only if the
and if the Czech Republic) is to grant authorized by the Commission under
the special European Union regulation ^ 1) and subject to the conditions laid down
This permission,
(b)) is to eliminate the risk of the introduction or spread of harmful
organisms with regard to the origin of the plants, plant products and other
the articles on the appropriate treatment of their products or to limit their
the use of the.
section 72
Institute of
(1) the Institute shall exercise competence in accordance with the provisions of this law in matters
and) protect plants and plant products in accordance with § 5 and 6,
b) measures against the introduction and spread of harmful organisms,
where appropriate, the alien harmful organisms referred to in § § 7 to 13, 15 to 17, §
19, 21, 22, 25 to 30,
(c)) and other resources
d) machinery,
e) plant supervision and control in matters of plant health care
including mandating emergency phytosanitary measures, solution
crisis situations and the imposition of fines under article 77 and 74 to § 79a to 79i,
(f) technical and plant-health activities) professional competence to
their performance under section 79, § 81 to 83 and section 86.
(2) the Institute on
and the presence of harmful organisms) monitors and malfunctions on the grounds and in the
objects, where they are grown, stored, or processed plant or
plant products,
(b)) evaluates the information about the adverse effects of the registered
products and other resources
(c)) shall decide on the destination, whether it is a product or other resource, or
another product,
d) secures and carried out phytosanitary diagnosis,
(e)) on the basis of request determines the credentials of the natural or legal persons
the implementation of the professional phytosanitary activities laid down in § 81
paragraph. 1,
f) announces measures against the introduction and spread of harmful organisms,
laid down by the directly applicable European Union legislation,
(g) the Ministry proposes the grant of exemptions) under section 71, paragraph. 2.
(3) the Institute published in Journal of information about documents from the
plant health care issued by the authorities of the European Union and other
international institutions, information on the occurrence of harmful organisms,
reports about the preparations and about the authorizations issued editions enable writing
other resources in an official register in accordance with the directly applicable
the EU regulation governing the placing of protection
plants ^ 67), operators of the control test reports
device for the application of the products and other relevant information for the public
and Announces measures to prevent the introduction and spread of dangerous
harmful organisms.
(4) the extent of its competence, the Institute provides information and cooperates with
branches of the State and the authorities of territorial self-governing units and
interest and professional associations. In particular, the Institute shall make available information about the
possible effects of plant protection products on human health
Toxicological information centre.
(5) the Institute shall communicate to the Commission
and) identification of natural or legal persons who commissioned
by performing some professional activities under section 10, 15, 17, 22 and 28 to
30,
(b)), the current official procedures for carrying out plant health checks
under section 15 and 22,
(c)), at its request, details of the origin of the plants, plant supply
products and other items sent from the territory of the Czech Republic, which
She was on the territory of another Member State of the European Union found in the supply
not complying with the provisions of this Act against the spread of harmful organisms,
all the operations of the plant health care, including specialist investigation,
the control and measure of the shipment in the territory of the Czech Republic
subjected to, and the destination of any other supplies sent from the
the same place of origin for a period of time,
(d)) and the other Member States of the European Union to 1. September of each year
Overview of imports and relocation, allowed under section 8 (2). 1, for the period
one year ended Sept. 30. June, and each occurrence of harmful organisms
According to § 7 (2). 1 and 3, which was confirmed in the same period on the plants,
plant products and other objects, which was under section 8 (2).
1 enabled import or move
(e)) and the other Member States of the European Union of the measure referred to in § 8 paragraph. 1,
which provides for plants, plant products or other objects, for
which is requested the release of the special arrangements for the possession and
handling [section 8, paragraph 1 (b), (e))]; It does not apply to plants
plant products or other objects provided for implementing the legal
Regulation,
(f) the name of the executing authority) plant health care on the territory of the Czech
of the Republic.
section 73
Municipal authorities and the municipal authorities of municipalities with extended competence
(1) the municipal authorities receive the notifications of the presence or suspected presence of
the harmful organisms referred to in section 9 and submit it to the Institute to further
the proceedings.
(2) the municipal authorities carry out the scope of the protection of bees, according to § 51
paragraph. 2 and 6, and in air application according to § 52 paragraph. 8.
(3) the Municipal authorities of municipalities with extended powers discussed in their
the circuits of misdemeanors or other administrative offences relating to section 3 (3). 1
(a). and), if the occurrence and spread of noxious weeds, as
organisms that spread from uncultivated agricultural land and untenanted
non-agricultural land and threaten the environment or human health
or animals, and store the deficiencies found in the determination of
the time limits. In the case of statutory cities, broken down on the urban parts of this exercise
the activity of the city.
(4) on the territory of the city of Prague exercised by the authorities of the districts
State administration in the field of plant health care to the extent entrusted this
by law, municipal authorities of municipalities with extended powers.
(5) the activities referred to in paragraphs 1 to 3 are carried over the scope of performance.
§ 74
Plant supervision
(1) the Institute shall exercise supervision over compliance with the
and the obligation to detect and restrict) the incidence and spread of harmful organisms,
[section 3, paragraph 1 (a))],
(b)), provisions on the protection of plant products in terms of safety
food (section 4) and the integrated plant protection (section 5),
c) measures against the introduction and spread of harmful organisms, in particular
emergency phytosanitary measures (section 11, 26 and 76),
(d)) the obligations of the registration of persons (section 12) and the obligations of the registered persons
(section 13), the provisions on the use of plant passports (sections 14, 16 and 17)
and related obligations (section 20),
(e)) the conditions laid down for the movement of plants and plant products
through the protected zones or within the protected zones (§ 30 paragraph 2),
f) requirements and obligations relating to the placing on the market and use of
products and other resources
g) measures for the protection of bees, game meat, aquatic organisms and other
non-target organisms when using products (section 51),
h) provisions concerning the use and control of testing device for the application
the products and the conditions for the operation of technical equipment to control
harmful organisms and labelling wooden packing material,
I) requirements relating to the
1. the performance of the professional phytosanitary activities responsible for the physical and
legal persons (81)
2. the activities of consultants (§ 85) or persons doing business on the basis of the
business, including compliance with the conditions of the professional
eligibility for these activities (section 86),
j) other obligations provided for natural and legal persons that
by law or ordered on the basis of,
to) the obligations arising for the natural and legal persons of the right
the applicable legislation of the European Union (section 3 (2)).
(2) in the framework of the Institute of plant health surveillance
and shortcomings) to determine, their causes and the persons responsible for them,
(b)) hears and provides official measures to eliminate any identified
deficiencies (section 75) and monitor their implementation.
For this activity, the Institute is authorized to carry out the appropriate investigation.
(3) the Institute carried out a random official checks to verify compliance with the requirements
laid down in section 13 (3). 1 and § 14 paragraph. 1 and 2, and without
the origin of the plants, plant products or other objects. These
checks are carried out
and) anytime and anywhere, where plants, plant products or other
objects moved,
(b)) on the grounds and in the premises where the plants, plant products
or other objects grown, produced, stored or offered for
the sale, as well as on the grounds and in the buildings of natural and legal
people in the business activities of ^ 12) growing
the plant and the as end users buy or otherwise acquire
plants, plant products and other objects,
(c)), together with any other control documents.
(4) the checks referred to in paragraph 3 shall be carried out
and within at least repeatedly) 1 year on land and, where appropriate, in
the premises of persons registered pursuant to section 12 paragraph. 1 (a). and (b)))
at least the control registers kept under section 13 (3). 1 (a). and)
(b)) usually repeatedly on the grounds and in the buildings of persons registered
under section 12, paragraph. 1 (a). (c)),
(c) as a general rule, if the targeted) came to light the facts suggesting that the
some of the provisions of this Act has not been complied with.
(5) if it is established on the basis of the checks carried out in accordance with paragraphs 3 and 4,
that the plants, plant products or other objects are
the risk of spreading harmful organisms provided for implementing the legal
Regulation, shall be subjected to an extraordinary plant measures
under section 76.
(6) if the inspection referred to in paragraphs 3 and 4, subject to the plants,
plant products or other objects originating in another Member
State of the European Union, the Institute shall inform without delay the official organization
protection of the plants of the Member State of the European Union and the Commission of the
established findings and on the measures, which in this context has been or
will be ordered. This is without prejudice to the provisions of section 10, paragraph 1. 5.
(7) except in the cases referred to in the regulations are a replacement for the collected
samples does not, if the price of the sample taken is less than 300 Czk.
Part 2
Measures
§ 75
Official measures
(1) the official measure is entitled to save the Institute on the basis of the results of the
plant or plant-health checks to remedy
the established facts, until the Institute decided under section 76.
(2) If the deficiencies found were shown to be removed without delay
or within the time limit laid down in the official measure, the Institute does not flow under section
76 and official measures.
(3) the official measures referred to in paragraph 1, the authorised official persons
The Institute store controlled person on site responsibilities
and) if reasonable suspicion may be jeopardized the health of people, animals,
of plants or the environment,
(b)), to remedy any identified deficiencies.
(4) the official measures referred to in paragraph 1 shall be notified to the Institute site and justify.
A written copy of official measures shall send to the Institute of controlled person without
undue delay. After delivery of the written copy of the official measures
can the person to file the opposition controlled within 10 working days to the Director
Of the Institute.
(5) the Director of the Institute shall decide on the objections within 5 working days from the date of
their service; objections against the decision on the appeal is not admissible.
(6) where the controlled person that has taken measures to prevent
threat to the health of humans, animals, plants and the environment, Department of
official measures imposed cancels or changes.
§ 76
Emergency phytosanitary measures
(1) Extraordinary phytosanitary measures are
and the prohibition, restriction or) laying down special conditions for the period specified
and in the territory as defined by the Institute for
1. the import, cultivation, harvesting, postharvest treatment, placing on the market,
the industrial processing and other use of plants and plant products,
where appropriate, other objects,
2. the use of land, warehouses, plants or equipment or relocation
plants, plant products, soil, manure, compost,
and/or other materials and objects, means of transport and
animals who may be carriers of harmful organisms,
(b)) a one-time destruction of plants, plant products and other objects
infected or suspected of infection by harmful organisms or their
one-off treatments laid down procedures and resources,
(c) the redevelopment of the land) one-off cleaning and sanitation of warehouses, operational
spaces, machinery, transport vehicles, equipment, tools or other
objects,
(d) compulsory examinations) single plants or plant products,
where appropriate, other objects on harmful organisms or on
resistance against them,
e) laying down special conditions for the protection of organisms that are not
harmful organisms referred to in this law, before the next malicious
the action of the products,
f) restriction or suspension or prohibition of the production of the producers in the Czech
Republic, restriction or suspension or prohibition of the placing on the market and
the use of the product, or other resource or determining the Special
conditions for the production, placing on the market or use or re-packaging,
(g)) of regulation or perform the destruction or destruction to ensure product
or another resource at the expense of the owner, in the event that represents the
dangerous effects on human health, animal health or to the environment, and
determination of the obligations established by this regulation,
h) ban the use of the equipment for the application of the products,
I) prohibition of the operation of technical equipment to control harmful organisms
or a ban on marking of wood packaging material.
(2) emergency phytosanitary measures ordered Department of individually
determined by the physical or legal persons, and that after the implementation of the necessary
the professional investigation or there is a risk of default, without delay.
If these measures relate to the natural and undetermined quantity
or legal persons, is the law on emergency
phytosanitary measures, which indicates the name of the regulation
Of the Institute. Regulation of the Institute shall be designated by posting on the official boards
the Ministry and the Institute for a period of at least 15 days and published immediately
in a manner enabling remote access, where appropriate, be published in the
regional or national press and radio or television
the broadcast. The Institute of regulation force and effect on the date of its
of the notice; for the day of its publication is considered to be the day of his fly on the
the official Board of the Ministry. The operator of a radio or television
the broadcast is free of charge, the Institute shall allow the representatives of the publication
the measures contained in the regulations of the Institute. Emergency phytosanitary
measures ordering
and) in cases referred to in § 7 (2). 4, section 11, section 15, paragraph. 6, § 26 paragraph.
3 and 5, § 29. 6 and section 74, paragraph. 5,
(b)), to protect against the introduction of harmful organisms into the buffer zone,
defined by the Institute with regard to these harmful organisms, as appropriate, before
their extension in this zone,
(c)) to protect against the dissemination of, and to reduce the occurrence of invasive
harmful organisms (section 10 (1)) and widespread overgrowth
harmful organisms, if in such cases the Department acknowledged on the basis
expert investigation of the publication of the regulation or emergency
phytosanitary measures as needed; widespread přemnožením,
means a significant increase in the occurrence of the harmful organism, in which there is a risk
the risk of significant damage,
(d) when an improper handling) products if it is threatened
human or animal health or the environment,
(e)) in finding that the
1. preparation or other resource placed on the market or used
does not match the requirements of the Act or decision or permit under section 53
or 54 and where the health of humans, animals or the environment,
or a device for application of requirements under section 61,
62 and 64,
2. the placing on the market and use of the product is not permissible on the basis of the
the decision of the Commission, or
3. preparation or other resource or the resource is not mechanization
safe under special legislation governing the General
product safety ^ 25),
4. the technical equipment to control harmful organisms and marking
wood packaging material do not comply with the conditions laid down in § 68
and 69.
(3) an appeal against a decision does not have suspensory effect.
(4) if ordered emergency phytosanitary measures referred to in paragraph
2, Institute of
and when finding new facts), on the basis of which it is appropriate to
order the new measures, or when the person who own or from
another legal reason uses the land or the object to which they apply
emergency phytosanitary measures, orders the new, these changes
the corresponding emergency phytosanitary measures referred to in paragraph 1,
(b)) after expiry of the extraordinary measures in the plant,
If the measures were met within this period in the manner prescribed by the Institute and the
their meeting was the Institute demonstrated exceptional plant health
the measure cancels,
(c)) if it is proved in the manner prescribed by the Institute, they are ordered by measures
ineffective or has ceased to be the meaning of this action cancels or changes.
(5) a person who is the owner of the land or of the object in the territory in which the
phytosanitary measures ordered by the extraordinary, or person, that such
the property is used from another legal reason, is obliged to sell them
or another method of transfer to other persons or their rent,
loan, where appropriate, the establishment of an easement shall immediately inform the Department of
and is required to inform the person of the nařízeném of the measures which it proposes to the
property to buy, rent, or otherwise use.
(6) the Institute of emergency phytosanitary measures under the regulation
paragraph 2 (a). and in the case of) may refrain
and weak attack) plants, which are not intended for cultivation,
harmful organisms shall be laid down by the implementing regulation, where a
about decided according to § 7 (2). 2 and in accordance with a special regulation
The European Union, "^ 1")
(b)) when professional investigation found that in the circumstances there is no
the danger of the spread of the relevant harmful organism, or
(c)) where a natural or legal person that has demonstrated, adopt effective
measures to prevent danger to human or animal health or the environment
environment.
(7) the method and scope of professional investigation pursuant to paragraph 2 and paragraph 6
(a). (b)), lays down detailed legislation.
(8) the person concerned an exceptional plant health measures referred to in
paragraph 1 (b). b), c), (d)) to provide its written request, refund
costs and losses incurred as a result of the implementation of these measures.
Compensation shall be granted from the funds of the State budget on the basis of the
the decision of the Institute, and for the
and one-time destruction) the plants, plant products and other objects
infected or suspected of infection by harmful organisms or their
one-off treatments laid down procedures and resources,
(b)) a one-time cleaning and rehabilitation of the land, rehabilitation of warehouses, operational
spaces, machinery, transport vehicles, equipment, tools or other
subjects.
(9) the refund referred to in paragraph 8 shall not be granted to a person who has not fulfilled the
obligation arising from this Act or from the related special
the legal regulation) ^ 6 caused the necessity of regulation of the extraordinary
plant-health measures, or ordered by the extraordinary
plant-health measures.
(10) the person to whom the refund is to be granted in accordance with paragraph 8, must
refund request within 1 year from the inception of the costs and losses for which it is to be
the refund is granted, otherwise the claim will lapse. Refunds shall be granted in the amount of
efficiently incurred costs and losses caused, and its amount is the person
to be granted a refund, shall demonstrate.
(11) the requirements for an application to pay the costs and losses, lays down the detailed
legal prescription.
section 76a
The obligation of notification
(1) if the Department receives or intends to take a measure pursuant to § 76
paragraph. 2 (a). (e)) relating to the product that represents a serious
risk ^ 53a), it shall inform the Ministry of industry and trade, which
progresses in accordance with the regulations of the European Union governing the accreditation and
market surveillance ^ 53b). This also applies in the case of measures adopted by the
guided by the person's own initiative and the Institute receives information about the
This measures.
(2) the Institute shall carry out to the Commission and the other Member States of the European Union
information obligations referred to in the regulation governing the European Union
accreditation and market surveillance ^ 53).
(3) to ensure the functioning of the information exchange system referred to in paragraph 1 shall
Similarly, applies a special legal provision governing the procedure, the content and
the form of information on the occurrence of dangerous non-food products ^ 53 c).
§ 77
Crisis situations
The solution of crisis situations, exceeding the efficiency of emergency
phytosanitary measures, defining the specific legislation. ^ 54) On
security activities resulting from them are involved in the framework of its
the scope of the technical components of the Institute.
§ 78
cancelled
section 79
Cost recovery for training operations
The applicant for
and implementation of the survey) the harmful organisms referred to in section 6 (1). 1,
(b)), to allow imports of the movement and storage of harmful organisms,
plants, plant products and other objects and other handling
them under section 8 (2). 1,
(c)) the registration of persons under section 12,
(d) the issuance or replacement of) a plant passport, or
a plant passport for a protected zone referred to in § 17 paragraph. 1 and § 19
paragraph. 2,
(e) the plant health checks) to perform the import according to § 21. 1 and 3,
f) authorisations for,
(g)) the grant of a certificate of competency to perform officially recognized tests
According to section 45,
(h)) to enable the simultaneous trade pursuant to section 53,
I) write auxiliary means under section 54 in the official registry,
j) assessment of the establishment for inspection testing equipment for the application
the products,
k) recognition of technical equipment under section 68 and the competence to
marking of wood packaging material in accordance with § 69,
l) perform other acts,
m) authorized scope of reference laboratories for laboratory
activities,
is obliged to reimburse the costs the Institute incurred in the implementation of
relevant professional acts.
TITLE VII
ADMINISTRATIVE OFFENCES
Part 1
Misdemeanors
Section 79a
(1) a natural person has committed the offence by
and more) uses a resource that is not entered into the official register, in
contrary to § 54 paragraph. 1,
(b) other resource) in contravention of section, paragraph 54. 14,
(c)) as a professional user shall apply the General principles of integrated
plant protection under section 5 (3). 2, or
(d) a certificate under section) does paragraph 86. 6.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 20,000.
§ aircraft
(1) a natural person has committed the offence by
and) as the person who cultivates, produces, processes or placed on the market
plants, plant products or other objects, or as the owner of the
of the land or of the object or person that is used from another legal
reason, breach of an obligation under section 3 (3). 1 (a). and)
(b)) as a person who cultivates, produces, processes or placed on the market
plants, plant products or other objects, or as the owner of the
of the land or of the object or person that is used from another legal
reason, breach of an obligation under section 3 (3). 1 (a). (b)),
(c)) fails to comply with the obligation under section 9,
(d) the Institute notifies the repackaging of the product) allowed for the placing on the market
or its use in accordance with section 31, paragraph. 6,
(e)) as an importer under section 24, paragraph. 2 or any other person designated by the importer
1. fail to notify in writing the estimated date of importation under section 24, paragraph. 2 (a).
and)
2. contrary to section 24, paragraph. 2 (a). b) notifies the data related to the
the relevant consignment or consignment or information about the documents, or
3. does not update the data referred to in section 24, paragraph. 2 (a). (c)),
(f)) as the carrier's consignment or lot which is subject to import
plant-health control pursuant to § 21. 1 to 4, will not allow the implementation of the
control to the extent and in the manner referred to in section 24, paragraph. 3,
g) neuskladní according to § 26 paragraph. 1 (a). (b)) in the consignment or lot and
under the conditions laid down by the Institute until pending the final
the results of the official laboratory or other tests,
h) moves through a protected zone, with the ultimate aim of outside plant
plant products or other objects without any plant passport in
contrary to § 30 paragraph. 1,
I) as the person who is the owner of the land or of the object in the territory in which the
extraordinary measures is ordered to plant, or as a person who
such property taken from another legal reason, fails to provide the information
pursuant to section 76, paragraph. 5,
j) takes or move the quarantine material under section 8 (2). 1 without
permission according to § 8 paragraph. 2 or 3, or
When not to) the importation or exportation of plants, plant products or
other subjects of the phytosanitary certificate or plant health
certificate for re-export in accordance with § 23 paragraph. 1 or § 28 paragraph. 1.
(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 30,000.
§ 79c
(1) a natural person has committed the offence by
and) uses a product which is not allowed in the Czech Republic by directly
the applicable regulation in the European Union relating to the placing on the
the market,
b) contrary to section 35, paragraph. 5 on the market or uses the product after
cancellation of an authorisation with the exception of products that have been enabled for standstill
the time limit,
(c) in violation of product) uses the terms
1. implementation of experiments or tests with the products by directly applicable
Regulation of the European Union relating to the placing on the market,
2. use products according to § 49 paragraph. 1, or
3. imports of the product in accordance with the regulation directly applicable European Union
relating to the placing on the market,
(d)) as a nurse crop, apply the products in violation of § 51 paragraph. 1
and 2 or § 52b, 52 to
(e)) at its professional activity shall be treated with preparations without certificates of
competence for dealing with the preparations required under this
the law,
f) moves and preparations used in the framework of the parallel trade in conflict with
directly applicable EU regulation governing the marketing of the product
on the market, or
g) distributes the product in contravention of section 46a, paragraph. 3.
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 40 000 Czk.
(3) the offence referred to in paragraph 1 (b). and (b)) or (b)). (c)), section 2 and
(a). In addition to the fine, d) can save the penalty of disqualification for 2 years.
section 79 d
(1) a natural person has committed the offence by
and lead, extended) takes or moved contrary to section 7 (2). 1, 2, 3
or 5 or in violation of § 8 paragraph. 2 harmful organism, plant,
plant product or other object
(b)) lead, extend, or can move in contrary with the authorization under section
8 (2). 2 harmful organism, plant, plant product or other
the subject,
(c) fails to comply with the measures laid down by the Institute), pursuant to section 26 paragraph. 1 (a). and (b)))
or (e)) for a consignment, which does not match after import
phytosanitary inspection requirements laid down by the law, or fails to comply with
extraordinary plant health measures under section 76, paragraph. 1, or
(d)) apply unduly without a decision awarding a mark for labelling
wood packaging material treated according to § 69 paragraph. 2.
(2) for the offence referred to in paragraph 1 may be to impose a fine of up to 50 000 Czk.
Part 2
Administrative delicts of legal entities and natural persons-entrepreneurs
§ .79e
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and as a professional user does not apply) General principles of integrated
plant protection under section 5 (3). 2,
(b)) in contravention of section 43, paragraph. 8 as the permit holder fails to deliver the Institute on its
the request of the
1. the standard analyte contained active substances, where necessary, effective ingredients
equipped with a certificate of analysis,
2. analytical standards toxicologically or ecotoxicologically significant
dirt, or
3. the sample in the intact the sales packaging of the corresponding to the number of
(batch) or an additional resource listed on the market in the Czech
Republic, and in the quantities strictly necessary for the implementation of the control
analysis and within the time limit and place designated by the Institute,
(c) distributes the product or other) means contrary to section 46a, paragraph.
3,
d) contrary to section 47 to market another resource after the expiry of the period
usability,
e) contrary to § 54 paragraph. 1 on the market or uses other means,
that is not written into the official registry, although this is subject to enrollment,
(f)) uses the next resource in violation of § 54 paragraph. 14,
g) to market another means of unmarked under section 55 or uses
another resource is in conflict with its designation,
(h)), or fails to comply with the notification obligation referred to in the book information section 60,
I) uses the device for application of contrary to § 64,
(j)) as a manufacturer of treated wood packaging material produced wooden
packaging material in breach of the conditions under section 69, paragraph. 3, or
to apply a tag for illegally) labelling of treated wood
the packaging material in accordance with § 69 paragraph. 2.
(2) for the administrative offence referred to in paragraph 1 shall be imposed in the amount of 200 000
CZK.
section 79f
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and) as the person who cultivates, produces, processes or placed on the market
plants, plant products or other objects, or as the owner of the
of the land or of the object or person that is used from another legal
reason, breach of an obligation under section 3 (3). 1 (a). and)
(b)) as a person who cultivates, produces, processes or placed on the market
plants, plant products or other objects, or as the owner of the
of the land or of the object or person that is used from another legal
because, contrary to section 3 (3). 1 (a). (b)) to the treatment plants,
plant products or other objects against harmful organisms
preparation or other means which are not permitted for use by
This law or by directly applicable regulation in the European Union,
the device shall be used for the application of which, in violation of the law
the experiment has not been tested, or when the treatment of the damage of the surrounding vegetation,
human or animal health or the environment,
(c)) as the operator violates any of the requirements for storage
plant products referred to in article 4,
d) fails to comply with the obligation under section 9,
(e) fails to comply with the obligation of registration) under section 12(2). 1,
(f)) does not connect the plant passport for plants, plant products
or other objects referred to in section 20 (2). 1,
g) replaces a plant passport or a passport for a protected
zone or a replacement plant passport in violation of § 19 paragraph. 1,
(h)) as the person referred to in section 12, paragraph. 1 violates any of the requirements of section
13 (3). 1 or fails to comply with the measures imposed by the Department under section 13 (3). 2,
I) shall impose the plants, plant products or other objects in front of the
placing on the market of the systematic plant-health checks under section 15, paragraph. 1
(a). (b)),
j) fails to comply with the measures referred to in section 11 (1). 2 or 3 or measures under section 15
paragraph. 6,
the plant passport shall be issued to) in contravention of section 17 paragraph. 2 as a person
unauthorized,
l) purchases or otherwise acquires the plants, plant products and
other items in contravention of section 20 (2). 2,
m) as the person who is in the business of ^ 12) deals with the
the cultivation of the plant, or as the ultimate user, who purchases or
other way gets the plants, plant products and other objects,
1. in contravention of section 20 (2). 2 (a). and does not retain the related plant passports)
or about them does not register
2. The Institute does not charge for the purchase or other acquisition of the relevant plants,
plant products and other objects coming from third countries
under section 20 (2). 2 (a). (b)),
3. employees of the Institute does not allow entry to the land and to object under section
20 (2). 2 (a). (c)),
4. the staff of the Institute does not allow access to the cultivation, storage or
processed plants, plant products or other objects
under section 20 (2). 2 (a). (c)),
5. does not allow employees to Institute a free subscription to the plants, plant
products or other objects, and the collection of samples and their control
relevant documents referred to in section 20 (2). 2 (a). (c)), or
6. The Constitution does not allow employees to perform one of the authorisations provided for in §
10, paragraph 1. 6.
n) as the carrier does not allow for the import of a consignment or lot
phytosanitary control under section 24, paragraph. 3,
o) neuskladní in the consignment or lot and under the conditions laid down
The Institute until the final results will be known officially as laid down
laboratory or other tests according to § 26 paragraph. 1 (a). (b)),
p) as the carrier does not guarantee the transport of consignments exported consignments in accordance with § 28
paragraph. 9,
q) travels through a protected zone of the plants, plant products or
other objects with the ultimate aim of outside without a plant passport in
contrary to § 30 paragraph. 1,
r) fails to provide the information referred to in section 76, paragraph. 5,
with) takes or move the quarantine material under section 8 (2). 1 without
permission according to § 8 paragraph. 2 or 3, or
t) does not apply when the import or export of plants, plant products or
other subjects of the phytosanitary certificate or plant health
certificate for re-export in accordance with § 23 paragraph. 1 or § 28 paragraph. 1.
(2) for the administrative offence referred to in paragraph 1 shall be imposed to the 500 000 Czk.
§ 79 grams
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and) uses a product which is not allowed in the Czech Republic by directly
the applicable regulation in the European Union relating to the placing on the
the market,
(b)) to market a product after the expiry of the period of its application in conflict
with section 47,
c) contrary to section 35, paragraph. 5 on the market or uses the product after
cancellation of an authorisation with the exception of products that have been enabled for standstill
the time limit,
(d)) as the holder of the permit or the distributor of the product, or
another resource's not hitting or does not mark the preparation or other resource
According to the directly applicable European Union regulation governing the marketing of
products on the market,
(e)) does not perform experiments or tests with the products by directly applicable
Regulation of the European Union relating to the marketing of products on the market,
(f)) is stored in contravention of section 46,
g) uses the products in violation of § 49 paragraph. 1,
(h)) as a person that, when business activity shall be treated with products,
going to the performance of this activity, the holder of a certificate of professional
competence for dealing with the preparations required under this Act,
I) as a nurse crop, apply the products in violation of § 51 paragraph.
1 or § 52b, 52 to
j) placing on the market or uses of the active substance in contrary to the directly applicable
the EU regulation governing the placing on the market,
to move product in breach of) with the directly applicable European regulation
Union governing the placing on the market,
l) as the holder of the authorization allowed the product moves in violation of section 53
paragraph. 1,
m the Institute notifies the repackaging of the product), no later than 24 hours before the
přebalením contrary to section 31, paragraph. 6,
n) places on the market a product or adjuvant, which is not in the Czech Republic
permitted by the regulation directly applicable European Union legislation
placing on the market of ^ 67),
on the distribution of obligations) violates the medicines or other means
pursuant to section 46a, paragraph. 3 (b). g) or section 46a, paragraph. 4 or 5,
p) violates the obligations in the management of records, which are stored in this
law or directly applicable EU regulation governing the
record keeping,
q) violates the obligation to promote products provided directly
the applicable law of the European Union governing the placing on the
^ market 67), or
r) fail to comply with the measures imposed by the Department under section 75 or extraordinary
plant health measures under section 76, paragraph. 1
(2) for the administrative offence referred to in paragraph 1 is imposed to 1 0000 0000 Czk.
(3) for the administrative offence referred to in paragraph 1 (b). and), c), (g)), i) and (j)) can be
In addition to the fine, the sanction of prohibition of activity within 2 years.
§ 19.
(1) a legal person or a natural person-entrepreneur commits an administrative
tort by
and lead, extended) takes or moved contrary to section 7 (2). 1, 2, 3
or 5 or in violation of § 8 paragraph. 2 harmful organism, plant,
plant product or other object
(b) fails to comply with the measures laid down by the Institute), pursuant to section 26 paragraph. 1 (a). and (d)))
or (f)),
(c) fails to comply with the phytosanitary measures) emergency under section 76, paragraph. 1,
(d)) as the operator of point of entry does not place in its premises
the container specified for the postponing of the plants, plant products and other
articles referred to in section 25, paragraph. 8, or
e) contrary to section 25, paragraph. 8 as the operator of point of entry
destroyed the contents of the container without the supervision of the Institute.
(2) for the administrative offence referred to in paragraph 1 is imposed to 1 500 0000 Czk.
Part 3
section 79i
Common provisions in administrative deliktům
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of sanctions legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) the Sanction of the prohibition of the activities of the legal person can be saved, if the administrative
offence has been committed in connection with this activity.
(4) liability of legal persons for the administrative offence shall cease, if the
the administrative authority about him has commenced proceedings to 1 year from the date on which it
learned, but no later than 3 years from the day when it was committed.
(5) administrative offences under this law in the first instance hearing
Department or municipal office municipality with extended powers under section 73, paragraph. 3.
(6) the responsibility for acts that occurred during the physical business
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions.
(7) a fine to be imposed on the Institute Selects Institute.
(8) the supervisory authority may waive the imposition of fines in the case, when the
to remedy the infringement in accordance with the measures imposed pursuant to section
75, or immediately after, when it was found to breach of the obligation, and
found the infringement to prevent damage to health
natural persons, animals or the environment.
TITLE VIII
THE EXPERTS OF THE COMMISSION
§ 80
(1) for the correct and uniform implementation of the provisions of the Special Act
The European Union ^ 1), the Commission may organise on the territory of the Czech Republic
local or other investigation experts of the Commission (hereinafter referred to as "experts"). This
the investigation carried out by the experts, in cooperation with the Institute and in accordance with the
a special provision of the European Union. ^ 57)
(2) the investigation concerns experts
and the systematic implementation of the plant health checks) under section 15, the import
plant health checks referred to in section 22, paragraph. 1 and the checks referred to in section 74
paragraph. 3 and 4,
(b) the determination of the measures) findings of the presence or suspected presence of
the harmful organisms referred to in section 11 and the control of their implementation,
(c)) the implementation of activities under section 27. 3, if it is stipulated by the agreement
between the European Union and third countries,
(d) assessment of the danger of the introduction or) harmful organisms
When the granting of exemptions under section 71, paragraph. 3 (b). (b)),
(e) assist the Commission in the preparation of) the establishment of an information network for the notification of
a new occurrence of harmful organisms, or instructions for the activity of experts and
the official plant protection organisation of member countries of the European Union,
(f)) carrying out other tasks imposed by the Council of experts of the European Union.
(3) experts are in carrying out investigations in the territory of the Czech Republic
authorized to
and to enter on the land and) into objects, where they are or were grown,
manufactured, processed, or stored in plants, plant products
or other objects or carried out the checks referred to in section 15 and § 21. 1 and
3,
(b) obtain from the Institute) information relating to the investigation being conducted,
(c) accompany the employee to the Institute), the performance of the activities referred to in section 72
paragraph. 1 (a). (b)), and (e)) and article 72, paragraph. 2 (a). and).
(4) experts are in the implementation of the investigation on the territory of the Czech Republic are obliged to
and follow this law), a special law on the protection of personal
data ^ 58) and the guidelines of the Institute,
(b) notify the Institute its findings) concerning the violation of the provisions of the regulation
The European Union ^ 1) or suspected breach.
(5) Experts shall carry out phytosanitary inspection of import shipments
According to § 21. 1 and 3 together with the Institute. Jointly controlled input
shipments to the territory of the Czech Republic will be allowed only if there is a
conformity between the Commission and the Institute as a result or in the control measures
as provided for under section 26(3). 1 (a). (b)) until achieving conformance establishes
the measures referred to in section 26, paragraph. 1 (a). (b)).
(6) Ministry and the Institute will allow experts to carry out on the territory of the Czech
Republic support the investigation to the extent and under the conditions laid down in the legal
the EU regulation ^ 1) and, on request, provide the information
required to perform the investigation in sufficient time
before their start and necessary for their implementation, including the needs of
laboratory equipment and laboratory staff.
TITLE IX OF THE
THE COMPETENCE FOR THE PERFORMANCE OF PROFESSIONAL PLANT HEALTH ACTIVITIES AND
COMPETENCE FOR DEALING WITH PRODUCTS
§ 81
Accreditation for the implementation of the professional phytosanitary activities
(1) the professional plant health activities, to whose performance can also be
delegate, are
and monitoring including associated diagnostic) harmful organisms
other than those referred to in section 10, paragraph 1. 1 and against the harmful organisms,
the introduction and expansion are made pursuant to section 7 (2).
4 or under section 11 (2). 2 and 3, and the provision of information for decision-making
in the field of integrated plant protection,
(b)) monitor the effectiveness of the genetically modified organisms used in
plant protection harmful organisms, the evaluation of the resistance to the products
and to the products and the assessment of genetically modified organisms and
checking of professional equipment for the application of the products,
(c) monitoring of undesirable side-effects) of the folder
the environment and the
(d) a survey of the occurrence of harmful organisms) referred to in section 10, paragraph 1. 1 or
harmful organisms whose introduction into, and spread against are
made under section 7 (2). 4 or under section 11 (2). 2 and 3.
(2) the implementation of the professional phytosanitary activities referred to in paragraph 1
(a). and (c))), you can instruct a legal or natural person, if this
a person shall submit an application based on the challenges of the Institute and
and) meets the conditions of competence pursuant to § 84,
(b)) shall ensure the protection of confidential information, the objectivity of the results and
the fact that between the implementation of the activities, the implementation of which should be
responsible for, and the implementation of its other activities, there is no conflict of
interests, and
(c)) demonstrates that its spatial, instrumentation and material equipment
corresponds to the range of professional activity, for which the implementation is to be commissioned,
and allows its implementation and evaluation.
(3) the implementation of the professional phytosanitary activities referred to in paragraph 1
(a). (d)), you can instruct the only legal entity which is established exclusively
to carry out the tasks of public interest in the field of agriculture or of the
the environment, it shall on the basis of the request and the challenges of the Institute meets the requirements
laid down in paragraph 2.
(4) on the issue and the removal of credentials to perform professional
plant health activities of the Institute, which shall act in the framework of the
credentials shall request the opinion of the Ministry.
(5) a copy of the decision to release and remove the credentials to perform professional
phytosanitary activities sent to Department of Ministry.
(6) the credentials shall be issued by the Department at the request of legal or natural persons
the previous verification of the compliance with the requirements laid down in paragraphs 2 and 3.
The credentials shall be issued for a period of 5 years and can be removed if it is shown
that the person no longer meets one or more of the requirements
laid down in paragraphs 2 and 3.
(7) If the designated officer shall notify that it will no longer support the phytosanitary
the activities referred to in paragraph 1 shall cease to perform, credentials for the implementation
Professional plant health activities on the day of service of this notice
Of the Institute.
section 82
Competence in the performance of State administration
(1) the professional phytosanitary activities of the Ministry and the Institute can
to carry out the persons
and meet the conditions of professional qualification) in accordance with paragraphs 2 or 3, or,
(b)) have a different professional qualifications, only if they perform vocational
the phytosanitary activities referred to in section 81, paragraph. 1 (a). (b)), or (c)), or
laboratory activities in the field of plant health care including collection
of the samples.
(2) a person with a higher level of vocational education (hereinafter referred to as
"rostlinolékaři") must be
graduates of accredited master's) or doctoral
plant health programs ^ 59),
(b)) Alumni lifelong learning programmes plant ^ 60)
colleges taking an accredited study programmes in the field of
agriculture or natural sciences and intended for graduates of other
accredited study programmes, or
(c) the holder of a scientific rank) in the field of plant health, or the protection of
plants.
(3) a person with a lower degree of vocational education than is shown in the
paragraph 2, which
and are graduates of accredited bachelor's) degree programs
plant health ^ 59),
(b)) have secondary education with a GCSE in the field of plant health
or plant health, or
c) secondary education with graduation examination or higher vocational education
the field of education, viticulture, horticulture, forestry and Agriculture and
practice for at least two years in the field of plant health,
may at the Ministry and in the Institute to perform professional activities associated with the
plant supervision and preparation of documents for the administrative procedure only
under the direct leadership and responsibility of the rostlinolékaře.
(4) the State administration in the field of plant health care provided for this
the law for municipal authorities can exercise a person having
certificate of special competence. ^ 61)
(5) A competent for the performance of State administration in the field of
plant health care is also
and graduates of foreign universities) who have obtained a certificate of
recognition of higher education under the special law ^ 62) in the areas of
and the focus of study referred to in paragraph 2 (a). and), or
(b)) of the person that have earned the qualifications to this profession in another
Member State of the European Union. ^ 63)
section 83
cancelled
§ 84
The competence of the persons authorised by the Ministry or by the Institute
(1) persons performing Professional activities on the basis of plant
the credentials of the Institute shall be subject to the provisions of section 82 apply mutatis mutandis.
(2) the persons referred to in paragraph 1 shall carry out the appropriate action in
environment and in conditions which, in the professional judgement of the Institute
correspond to the nature and scope of this activity.
(3) in the case of a legal person, the condition of professional competence
meet the staff who directly provides plant support
the activity, which is responsible for the implementation of the legal person.
(4) the nationals of Member States of the European Union, who are
established in another Member State, the activities referred to in paragraph 1
to exercise on the territory of the Czech Republic temporarily or occasionally on the
the basis of the verification of professional qualifications in accordance with the law on the recognition of professional
qualification ^ 63). These persons shall apply mutatis mutandis to the rights and obligations
permit holders pursuant to the provisions of title VIII of the Act on the recognition of professional
qualification ^ 63).
§ 85
The competence for advice in the area of protection from harmful
organisms and in the area of the safe use of medicines
(1) a natural person may, in the course of their business or employment
perform for the other person's advice in the area of protection from harmful
organisms and related disorders of plants and in the area of safe and secure
the use of the products, only if they hold a valid certificate of
professional competence referred to in section 86, paragraph. 3 and
and conditions of professional qualification) meet the rostlinolékaře under section 82, paragraph.
2 or section 82 paragraph. 3 (b). and) or § 82 paragraph. 5,
(b)) have secondary education with graduation examination or higher vocational
education in the field of education, medicine, and at least three years ' professional
practice the same focus, or
(c)) are graduates of accredited bachelor's, master's, or
doctoral programs in the areas of farming, agriculture
or forestry, or secondary education with graduation examination or
higher professional education completed the discharge in the production
agricultural and forestry sectors, and have at least four years experience in
the field of plant health, plant protection or, or passed the examination of the
partial (Professional) qualifications "consultant in plant protection" according to the law
adjusting validation and recognition of the results of further education.
(2) business Živnostensky ^ 12) in the field of advisory services in the field of protection of
against harmful organisms and related disorders of plants and in
the area of the safe use of medicines can only persons who meet the
the requirements laid down in paragraph 1.
§ 86
Competence for dealing with products
(1) a natural person who, in the context of their professional activities shall be treated with
products under the supervision of the holder of the certificate of the second grade or third
the degree must be a holder of a certificate of first instance. This certificate
a natural person shall issue after completing the basic course training
authorized by the Ministry. The certificate is issued with validity for 5 years.
After the expiry of the validity of this certificate shall issue an educational establishment on the
the basis of passing the supplementary training new certificate of first instance
valid for 5 years.
(2) a person who, in the context of their professional activities used preparations,
must ensure that the management of products followed and engaged over it
supervision means a natural person who is the holder of the certificate of the second degree.
The holder of the certificate of the second degree is eligible for the activities of the holder of the
certificate of first instance. The second level, the Institute shall issue a certificate of physical
a person who satisfies the conditions of training for rostlinolékaře according to § 82
paragraph. 2 or 5, or completing the basic course, and successfully execute the test.
The certificate is issued with validity for 5 years. The validity of this
the certificate can be extended on the basis of the passing of additional training.
(3) a person who, in the context of their professional activities
and provides consulting in the area of) the plant protection against harmful
organisms and related disorders of plants and in the area of safe and secure
the use of the products,
b) distributes products for professional use, or
c) organizes basic courses to obtain the certificate of first and second instance,
additional training for the renewal of certificates, the second and third degrees and
additional training to obtain a new certificate in the first degree,
must carry out these activities through natural persons, that is
the holder of the certificate of the third degree. The holder of the certificate of the third degree is
to be eligible for the activities of the holder of the certificate of the second degree, and the first
the degree. The certificate of the third degree, the Institute shall issue a natural person who
meets the conditions of education for rostlinolékaře under section 82, paragraph. 2 or 5,
or successfully execute a test. The validity of this certificate may be extended
on the basis of the passing of the complementary training and successfully carried out the tests.
(4) the Institute extends the validity of certificates, second or third degree about 5
years at the request of the holder of the certificate before the expiry of the period
its validity if the applicant at the time of validity of the original certificate
the extension of the validity of the certificate has met the conditions referred to in paragraph 2, or
3. the request shall be made directly or through the educational Institute
the device to which the applicant graduated from additional training; This
educational facilities in this case, the request proceeds the Institute together with the
proof of completion of training.
(5) where the validity of the certificate has ended the second degree, it is possible the new
second grade certificate obtained only by passing the basic
the course and the successful execution of the tests referred to in paragraph 2. Expired-if
the validity of the certificate of the third degree, it is possible for a new certificate of the third
degree obtained only on the basis of the successful execution of the tests according to
the third sentence of paragraph 3.
(6) If a holder of a certificate is imposed the ban on the activities of the
consisting in the prohibition of disposal of the products, this person is obliged to
deliver the certificate of the Institute for the management of products within 5 working days
the date when the decision came, which was sanctions ban
the activity is saved. The authority, which on the imposition of sanctions, prohibition of activities
decided, is obliged to save her without undue delay, inform the
Institute.
(7) a person who was the holder of certificate for waste products and
that was imposed sanctions banning the activity consisting in the prohibition of
waste products, may, after the execution of this penalty or abandonment of
the rest of the performance penalties apply for the return of this Institute certificate, if
its period of validity has not expired. Repayment of the certificate by the competent
the degree is that the conditions for obtaining it.
(8) a competent person for the handling of products and
a person who has acquired professional competence for the treatment of products in the
corresponding to the range of activities carried out in another Member State.
§ 86a
(1) the basic rates under section 86, paragraph. 1 and 2 and the supplementary training referred to in section
paragraph 86. 1 to 3 educational institution to carry out this activity
by the Ministry.
(2) to provide knowledge concerning the protection of the health of the people are
be entitled to public health authorities ^ 23a).
(3) the Ministry shall decide on credentials, training equipment, if
educational establishment shall submit together with the application documents, which
demonstrate that the
and ensure the implementation of the educational establishment) teaching certificate
the third degree,
(b) the equipment has a corresponding) educational technical security
for the organisation of basic courses and additional training, which provides
the implementing legislation,
(c) the content and scope of the core) courses and additional training is equivalent to
the requirements of this Act and
d) educational establishments has included training in the course of its activities.
(4) the Ministry shall decide on the withdrawal of the mandate, if the educational
device breaks the conditions of the educational credentials of the device according to the
of paragraph 3.
(5) the Ministry leading to the performance scope of accreditation at the
education and informing the public registration of educational
responsible for equipment referred to in paragraph 3, which contains the name of the educational
the device, the date and the date of the withdrawal of credentials, the credentials of the educational establishment.
section 86b
(1) the Institute
and) ensures, in agreement with the competent local authorities of protecting public
Health ^ 23a) holding the tests laid down for obtaining the second and
the third degree and Announces dates for their venue, and at least 1
the year before the date of their venue,
(b)) keeps records of certificates of professional competence for the management of
preparations.
(2) the investigator rostlinolékaři for the tests laid down for obtaining
the certificate of the second and third tests must be the holder of the certificate
the third degree.
(3) Implementing legislation provides for:
and the content and scope of the Basic) course for the issue of a certificate of first degree
and additional training for the issue of a new certificate in the first degree and
the particulars of the certificate of the first degree,
(b) the contents and scope of the Basic) course and additional training for the release and
the extension of the validity of the certificate of the second degree, the scope and the way
to perform the test and requirements for the second degree, certificate
(c) the scale and method of execution) the test for the issuance of the certificate of the third
degree, the content and the scope of the additional training and the extent and method of execution
tests for the extension of the third degree and certificate
the particulars of the certificate of the third degree,
(d) the technical security requirements) for the organisation of basic courses and
additional training.
TITLE X
COMMON, TRANSITIONAL AND FINAL PROVISIONS
§ 87
The content and keeping of registers and the official registers of the Institute
(1) in the official registry, pursuant to section 12 paragraph. 1 leads the Institute, these data
and) date of birth, name, where applicable, the name and surname of the registered
the person, in the case of a natural person, or the business name, the name,
where appropriate, the name, in the case of a natural person, or business name,
where applicable, the trading name of the registered person, and in the case of a legal person,
and the identification number, if assigned,
(b)) the address designated to deliver and the address of the registered person
in the case of a legal person,
(c)) the registration number assigned to the person registered by the Institute,
(d)) whether and what risk plants registered person intends to
imported or placed on the market and whether she has been granted permission to issue
plant passports pursuant to section 17 of the Act,
e) data on the termination, interruption, renewal or change of activity for
you are registered persons registered.
(2) Evidence of professional equipment for the application of led
The Institute used to the exercise of State administration in the field of controls professional
device for the application of the products. The register contains the following information:
and) name and surname, or name of the owner of the professional equipment for
the application of the products,
(b)), the name and surname, or name of the holder of a professional equipment for
the application of the products, if it is a person different from the owner,
(c)) identification data of professional equipment for the application of the products,
that has been subjected to the inspection, testing
(d) the date of implementation of the control test),
e) whether professional equipment for the application of
meet the requirement or not,
f) overview of deficiencies found,
(g) a list of issued documents) the performances of the device,
(h) the name of the establishment of the control test).
(3) in the register of operators under section 68, paragraph. 2 leads the Institute, these data
and) date of birth, name, where applicable, the name and surname of the registered
the person, in the case of a natural person, or the business name, the name,
where appropriate, the name, in the case of a natural person, or business name,
where applicable, the trade name of the operator, in the case of a legal person, and
Furthermore, the identification number, if assigned,
(b) the place of business or address) of the registered office,
(c)) the address designated to deliver, contact phone/e-mail
the address,
(d) the identification mark allocated to) the labelling of wood,
e) registration number person in the register,
(f)) date of the registration shall,
(g) the date of termination of activity).
(4) in the register of producers under section 69, paragraph. 3 Institute of this data leads
and) date of birth, name, or first and last names, in the case of physical
the person, or the business name, the name, or names, if the
entrepreneurial natural person, or the name or business name
the manufacturer, in the case of a legal person, and the identification number, if
granted,
(b) the place of business or address) of the registered office,
(c)) the address designated to deliver, contact phone/e-mail
the address,
(d) the identification mark allocated to) the labelling of wood,
e) registration number person in the register,
(f)) date of the registration shall,
(g) the date of termination of activity).
(5) in the register of certificates of professional competence for the management of
preparations for the purposes of the Institute leads a plant supervision and the issuing of
the second and third degree certificate data in the range
and the name, or names), and the surname of the holder of the certificate and
the third degree,
(b)) instead of the residence or place of residence, and the date and place of birth
the holder of the certificate, the second and third degrees,
(c) the serial number of the certificate), second or third degree,
(d) the date of the test,)
(e) the date of issue of the certificate), second or third degree,
(f) the period of validity of the certificate), second or third degree,
(g)) the name of the educational establishment, which carried out the basic course for the
issue of the certificate of the second degree, or additional training for extension
the validity of the certificate, the second degree or third degree,
(h) the name or names), surname, place of residence or
of residence, and the date and place of birth of the person that was imposed sanctions
the prohibition of activities consisting in the prohibition of disposal of the products,
I) date of the entry into force of the decision, which sanctions have been imposed
the prohibition of activities consisting in the prohibition of disposal of the products and the date
their pursuit of sanctions.
(6) the information about the holder of the certificate of the second and third degree in the register
referred to in paragraph 5 shall keep for a period of 3 years from the date of expiry of the
certificate. ".
(7) the official registers and the registers are public information systems
the Administration, which is the administrator of the Institute, which is published as
enabling remote access.
section 88
Empowerment
(1) the Ministry shall issue a decree
and for the implementation of section 4),
(b)) of the measures to prevent the introduction and spread of harmful organisms to
implementation of section 2 (2). 1 (a). (e)), section 4, paragraph 4. 1 (a). (c)), section 6 (1). 1, § 7
paragraph. 1, 2, 5 and 7, § 8 paragraph. 1, 2 and 4, section 9, section 10, paragraph 1. 1, 4 and 5, § 12
paragraph. 2 and 7, section 13 (3). 1 (a). and, section 13 (3)). 2, section 14, paragraph. 1 and 2, section
15 paragraph. 1, § 16. 2, § 17 paragraph. 1 and 2, section 18, paragraph. 2, section 19, section 20
paragraph. 2, § 21. 1 and 3, § 22 paragraph 1(b). 3 and 4, § 23, section 24, paragraph. 1 and 2, section
25 paragraph. 9, section 25a paragraph. 1, § 26 paragraph. 6, § 27, paragraph. 1 (a). (c)), section 28
paragraph. 1, 2, 5 and 8, § 29. 4, § 30 paragraph. 1, § 69 paragraph. 4, § 72, paragraph.
5 (a). (e)), section 74, paragraph. 7, section 76, paragraph. 6 (a). ) and section 76, paragraph. 7 and 11,
(c) facilities for the application) on the preparations for the implementation of section, paragraph 61. 7, § 62
paragraph. 1 and 3 and § 64 paragraph. 4,
(d)) on the protection of bees, game, and other non-target aquatic organisms
organisms in the use of preparations for the implementation of section 51, paragraph. 3, 4 and 7,
(e)) for the implementation of § 5 (3). 3.
(2) the Ministry shall issue decrees on measures to ensure the protection against
the introduction and spread of harmful organisms to complete each section 71
paragraph. 1 (a). (g)).
(3) the Ministry shall issue, in cooperation with the Ministry of health and
The Ministry of the environment Decree on preparations and other
resources for the implementation of section 31, paragraph. 6, section 37, paragraph. 2, section 45, paragraph. 13, §
46A, paragraph. 1 and 6, § 49 paragraph. 1 and 6, § 54 paragraph. 3 and 4, section 55 and section 60 paragraph.
5.
(4) the Ministry shall issue a decree for the implementation of section 86b paragraph. 3.
§ 89
Transitional provisions
(1) Preparations and auxiliary means registered under the existing
the legislation of the
and) can be placed on the market until the end of the validity of the decision on their
registration, but no later than 31 December 2006. December 2008; If at this time
the competent authority of the European communities concerning the non-inclusion of the active substance
contained in the product to the list of active substances or lays down special
the conditions for their use, the phytosanitary administration so far
the registration shall be entered in accordance with this decision, where appropriate, be limited or
unregisters before that date,
(b)) can be used in business even after the date referred to under (a)), but
just to the end of the period of application of the product, if phytosanitary
management with regard to the decision of the competent authority of the European
the community in accordance with subparagraph (a)) shall not restrict the use of a shorter period of time.
(2) the application for registration of or of a registration in the registry
Automation and the application for the registration of persons lodged before the date
the entry into force of this law shall be considered as applications under this
the Bill, if it's not about the cases referred to in paragraph 5.
(3) a person registered in accordance with the existing legislation
phytosanitary administration due to waste plants, plant
products and other objects referred to in section 12, paragraph. 1 shall be construed as
a person registered under this Act.
(4) the measures ordered for the protection against the introduction and spread of harmful
organisms according to present legislation is considered to be extraordinary
plant-health measures under this Act. The decision of the
the phytosanitary Administration for authorisation to import consignments and harmful
organisms, their possession and other handling for experimental,
breeding and scientific purposes issued under the existing laws,
regulations, shall be considered as decisions under section 8 (2). 1.
(5) the proceedings initiated and the executor prior to the date of application of this
the Act is completed according to the existing legislation.
(6) the credentials of individuals and legal persons to the testing of medicinal products issued
According to the existing law will remain in force until 31 December 2006.
December 2005.
(7) the obligation to take the content of the study under section 83 does not apply to
plant health management staff, who at 1. January 2004
holding a specialist or Manager feature for at least 5 years.
The staff, who to this date the holding of specialized or senior
function for less than 5 years of age, must complete the content of the study as well.
the degree in 3 years, and the content of the study II. degree within 5 years from the date of acquisition
the effectiveness of this Act.
(8) to the time of the acquisition of the full efficiency of the staff appointed and zákona52)
Director of plant health management 15(3) the Minister of agriculture.
§ 90
Cancellation provisions
Shall be repealed:
1. Act No. 147/1996 Coll., on phytosanitary care and amendments to certain
related laws.
2. Act No. 313/2001 Coll., amending Act No 147/1996 Coll., on
plant health care and certain related laws, changes in the
the text of law no 409/2000 Sb.
3. Law No. 79/2004 Coll., amending Act No 147/1996 Coll., on
plant health care and certain related laws, changes in the
as amended.
PART THE SECOND
Change of law no 409/2000 Sb.
§ 91
Law no 409/2000 Coll., amending Act No 147/1996 Coll., on
plant health care and changing some of the related laws, and the law
No. 455/1991 Coll., on trades (Trade Act), in the
as amended, part the first is deleted.
PART THE THIRD
Amendment of the Act on regulation of advertising
section 92
Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.
468/1991 Coll., on radio and television broadcasts, in
as amended, amended by Act No. 258/2000 Coll., Act No.
231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.
320/2002 Coll. and Act No. 132/2003 Coll., is hereby amended as follows:
1. the following section is inserted after section 5f 5 g, including footnote. 26a)
added:
"§ 5 g
Plant protection products
(1) the subject of advertising aimed at the general public can only be
registered plant protection products or parallel imported
products under special legislation. ^ 26a)
(2) plant protection products may not be realised by the conflict with the
the conditions laid down in the decision on their registration.
26A) Law No 326/2004 Coll., on phytosanitary care and amendments to certain
related laws. ".
2. In article 7, subparagraph (c)) the following new subparagraph (d)), which read:
"(d)) State phytosanitary administration ^ 26a) for advertising on the preparations for
plant protection products, with the exception of the scope according to the letters and) ".
Letter d) is renumbered as paragraph (e)).
PART THE FOURTH
Amendment to the Trade Licensing Act
§ 93
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by law no 231/1992 Coll., Act No. 591/1992 Coll., Act No.
600/1992 Coll., Act No. 273/1993 Coll., Act No. 303/1993 Coll., Act No.
38/1994 Coll., Act No. 42/1994 Coll., the Act No. 136/1994 Coll., Act No.
200/1994 Coll., Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No.
94/1996 Coll., Act No. 95/1996 Coll., Act No. 147/1996 Coll., Act No.
19/1997 Coll., Act No. 49/1997 Coll., Act No. 61/1997 Coll., Act No.
79/1997 Coll., Act No. 217/1997 Coll., Act No. 280/1997 Coll., Act No.
15/1998 Coll., Act No. 83/1998 Coll., Act No. 157/1998 Coll., Act No.
167/1998 Coll., Act No. 159/1999 Coll., Act No. 356/1999 Coll., Act No.
358/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.
27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.
122/2000 Coll., Act No. 121/2000 Coll., Act No. 121/2000 Coll., Act No.
149/2000 Coll., Act No. 151/2000 Coll., Act No. 158/2000 Coll., Act No.
247/2000 Coll., Act No. 249/2000 Coll., Act No. 258/2000 Coll., Act No.
309/2000 Coll., Act No. 367/2000 Coll., Act No. 406/2000 Coll., Act No.
458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.
120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.
274/2001 Coll., Act No. 477/2001 Coll., Act No. 478/2001 Coll., Act No.
501/2001 Coll., Act No. 86/2002 Coll., Act No. 119/2002 Coll., Act No.
174/2002 Coll., Act No. 281/2002 Coll., Act No. 308/2002 Coll., Act No.
320/2002 Coll., the finding of the Constitutional Court published under no. 476/2002 Sb.
Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 162/2003 Coll.
Law No 224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll.
Law No. 354/2003 Coll., Act No. 438/2003 Coll., Act No. 119/2004 Sb.
Act No. 167/2004 Coll., is hereby amended as follows:
1. in annex No. 2 in the Group Bound, 214: the other, for the branch
trade Diagnostic, testing and counseling activities in the protection of plants
the words "professional competence in accordance with section 5 and 6 of Act No. 147/1996 Coll., on
plant health care and changing some of the related laws "
replaced by the words "competence under section 85, paragraph. 1 of law No.
326/2004 Coll., on phytosanitary care and amendments to some related
the laws ".
2. in annex No. 2 in the Group Bound, 214: the other, for the branch
trades Maintenance of plants, plant products, objects and soil against
harmful organisms, plant protection products, the words "Professional
eligibility under section 5 and 6 of Act No. 147/1996 Coll., on phytosanitary
care and changes to some related laws, "shall be replaced by the words
"Competence under section 85, paragraph. 2 Act No 326/2004 Coll., on
plant health care and certain related laws ".
3. in annex No. 2 in the Group Bound, 214: the other, for the branch
Special protective disinfection, disinfestation and rodent control in
food or agricultural operations, with the exception of professional
activities in the field of plant health care, the words "with the exception of professional
activities in the field of plant health care "shall be replaced by the words" including
protection against harmful organisms of plants ".
4. in annex 3, in the concession business group 314: other,
the field test mechanization of control means business protection
the plant with the words "professional qualifications pursuant to section 6 (1). 1 (a). (c)) of the Act
No 147/1996 Coll., on phytosanitary care and amendments to certain
related laws "shall be replaced by the words" the competence according to § 85
paragraph. 2 Act No 326/2004 Coll., on phytosanitary care and amendments
some related laws "and the words" § 36 odst. 4 of law No.
147/1996 Coll., on phytosanitary care and amendments to some related
the laws "shall be replaced by" section, paragraph 66. 3 of Act No 326/2004 Coll., on
plant health care and certain related laws ".
PART THE FIFTH
Amendment of the Act on the amendment of the laws relating to the adoption of the Act on the service of
State employees
§ 94
In the Act No. 309/2002 Coll., amending the laws related to the adoption of the
the Act on the service of civil servants in administrative authorities and
the remuneration of these staff, and other employees in administrative
offices (business law), is part of the fifteenth is repealed.
PART SIX
To change the law on the amendment and repeal of certain acts in connection with the
the termination of the activities of the district offices
section 95
In Act No. 320/2002 Coll., amending certain laws in the
connection with the termination of the activities of the district offices, a part of the 1980s
the second is deleted.
PART SEVEN
Amendment of the Act on the protection of public health
section 96
Act No. 258/2000 Coll., on the protection of public health and amendment to certain
related laws, as amended by Act No. 254/2001 Coll., Act No.
274/2001 Coll., Act No. 13/2002 Coll., Act No. 76/2002 Coll., Act No.
86/2002 Coll., Act No. 120/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 274/2003 Coll., Act No. 356/2003 Coll. and act
No 362/2003 Coll., is hereby amended as follows:
In section 44b, paragraph. 1 (a). and shall be added to point 5), including the comments below
line no. 35 g) is added:
5. get a college education in an accredited master's
study programme: plant health, plant protection or, where appropriate, in
under the lifelong learning programme in this field, ^ 35 g)
35 g) section 82, paragraph. 2 Act No 326/2004 Coll., on phytosanitary care and
change some of the related laws. ".
The existing footnote No. 35 g) and 35) are renumbered as notes
footnote No. 35) and 35i), including links to footnotes.
PART EIGHT
The EFFECTIVENESS of the
§ 97
This Act shall take effect on the date of its publication, with the exception of the provisions
§ 14 paragraph. 2, which shall take effect on 1 January 2005. in January 2005, and the provisions of section
86, which shall take effect on 1 January 2005. January 1, 2006.
Zaorálek in r.
Klaus r.
Spidla in r.
Selected provisions of the novel
Article. (II) Act No. 245/2011 Sb.
Transitional provisions
1. The mandate of the performance of the activities of reference laboratories issued according to law
No 326/2004 Coll., as amended, effective the day of the entry into force of this
the law, are to lapse on the expiry of 30 June. June 2012.
2. A certificate of competence to carry out experiments and tests, issued by
Act No. 326/2004 Coll., as amended, effective the day of the entry into force of this
the law, are to lapse on the expiry of 5 years from the date of entry into force of
of this law.
3. The administrative procedure, which has not been completed before the date of entry into
the effectiveness of this law shall be completed in accordance with the existing laws,
regulations.
Article. (II) Act No. 199/2012 Sb.
Transitional provisions
1. Persons who are holders of a certificate of professional competence for the
dealing with the preparations on the basis of the execution of the test provided by the State
phytosanitary administration in accordance with law No. 326/2004 Coll., on
plant health care and certain related acts, in
the texts of the effective to date of the entry into force in accordance with the Act No. 326/2004 Coll., in
the texts of the effective date of the entry into force of this law, shall be construed as
the holder of the certificate of the third degree under this Act. Of these persons, and
persons with education under section 82, paragraph. 2 and 5 of Act No 326/2004 Coll., in
the texts of the effective date of the entry into force of this law, at their request,
issues from 1. January 2013 State phytosanitary Administration certificate
or third degree.
2. Until 31 December 2006. December 2012, you can acquire the certificate of professional competence
for the treatment of products in accordance with Act No 326/2004 Coll., as amended by
effective until the date of entry into force of this Act.
Article. (III) Act No. 279/13 Sb.
Transitional provisions
1. State phytosanitary administration, the date of entry into force of this
the Act combines with central control and testing Institute of agricultural and
as an administrative office, organizational component of the State and the entity ceases to exist.
2. the proceedings initiated by the previous State administration to plant
legislation and before the date of entry into force of the unfinished this
the Act completes the central control and testing Institute of agriculture.
3. Competence to manage the property of the Czech Republic, with whom he was to
date of entry into force of this law, appropriate to manage the State
phytosanitary administration, as well as the exercise of the rights and obligations of the Czech
Republic of labor relations, to the date of entry into force of
This Bill carries out State phytosanitary administration, pass
date of entry into force of this law on the central control and test
the Department of agriculture.
4. The rights and obligations of the Czech Republic of labor relations
employees whose employment relationship in the context of the State plant health
the Administration had ended before the date of entry into force of this law, shall exercise
from the date of entry into force of this Act, the central control and
the test Department of agricultural.
5. the funds in the accounts of State phytosanitary administration, day
the entry into force of this Act become tv Central control and
the test of the agricultural Institute. A breakdown of the resources of the Reserve Fund and
their special-purpose designation is maintained.
6. the rights and obligations of the Czech Republic, which until the date of entry into force of
This law has pursued and fulfilled State phytosanitary administration, as well as
and the rights and obligations arising from other legislation, which
related to the activities provided by the date of entry into force of this Act
State phytosanitary administration, exercised and implemented from the date of acquisition
the effectiveness of this law, the central control and testing Institute of agriculture.
1) Commission Directive 92/70/EEC of 30 June. in July 1992, which
lays down the rules for the surveys carried out for the purpose of the recognition of protected
zones in the community.
Commission Directive 92/90/EEC of 3 May 1989. November 1992 establishing
obligations of producers and importers of plants, plant products and other
objects and establishing details for their registration.
Commission Directive 92/105/EEC of 3 May 1989. December 1992 establishing the peace
Standardization of plant passports to be used for the movement
certain plants, plant products or other objects inside the
The community, and establishing the detailed procedures for issuing these
plant passports and the conditions and detailed procedures for their
replace.
Commission Directive 93/50/EEC of 24 June 1993. in June 1993, which specify
certain plants not listed in annex V, part A to Council Directive No.
77/93/EEC, the producers of which, or the warehouses or dispatching centres in the
production zones of such plants must be entered into the official
the registry.
Commission Directive 93/51/EEC of 24 June 1993. June 1993, laying down the
rules for movements of certain plants, plant products and
other objects through a protected zone, and for movements of such plants,
plant products and other objects within a protected zone, from which
they come from.
Commission Directive 94/3/EC of 21 June 1999. January 1994 establishing a procedure for
the notification of interception of consignments and harmful organisms from third countries,
representing the immediate phytosanitary risk.
Commission Directive 98/22/EC of 15 December 1997. October 1998 laying down minimum
the conditions for carrying out plant health checks of plants,
plant products and other objects coming from third countries
for the inspection of the place other than the place of destination.
Council Directive 2000/29/EC of 8 June 2004. May 2000 on protective measures
against the introduction into the community of organisms harmful to plants or plant
into the community of products and against their spread within the community.
Council Directive 2002/89/EC of 28 June 1999. November 2002, amending the
Directive 2000/29/EC on protective measures against the introduction into the community of organisms
harmful to plants or plant products and against
their spread on the territory of the community.
Commission Directive 2004/103/EC of 7 September 2004. October 2004 on checks
the identity and plant health checks of plants, plant
products or other objects listed in part B of annex V to Directive
Council Directive 2000/29/EC, which may be carried out elsewhere than in the point of entry into the
The community or at a place in its vicinity, and the conditions
related to these checks.
Commission Directive 2008/61/EC of 17 May 1999. June 2008 laying down
the conditions under which it can, for trial or scientific purposes and for
work on varietal selections to import certain harmful organisms, plants,
plant products and other objects listed in annexes I to V to Directive
Council Directive 2000/29/EC to the community or certain protected zones
The community or is in these territories displacing (codified
the text).
Council directive 2009/142/EC of 26 April 1999. November 2009 amending
Directive 2000/29/EC as regards the authorisation to carry out the tasks of the laboratory
testing.
European Parliament and Council directive 2009/128/EC of 21 June 1999. October
2009, establishing a framework for Community action in order to
achieving a sustainable use of pesticides.
Article 18, paragraph 1A). 2 Council Directive 2000/29/EC of 8 June 2004. May 2000 on the
protective measures against the introduction of organisms harmful to plants
or plant products into the community and against their spread
territory of the community, as amended by Council Directive 2002/89/EC of 28 June 1999.
November 2002 amending Directive 2000/29/EC on protective
measures against the introduction of organisms harmful to plants or
plant products into the community and against their spread within the territory
The community.
2) of Council Regulation (EEC) No 2913/92 establishing the Community customs code
The community, as amended.
The Convention on a common transit procedure between the countries of the European
the free trade area (EFTA) and the European economic community, on the
as amended, the renowned No. 179/1996 Coll.
3) the agreement on the European economic area signed at port 2. may
1992, as amended by the Protocol signed at Brussels on 7. March 1993.
4) Annex I to Directive 91/414/EEC.
Article 340b paragraph 4a). 3 of Commission Regulation (EEC) No 2454/93 of 2 July 1993.
July 1993, on the implementation of Council Regulation (EEC) No 2913/92 establishing the
the Community customs code, as amended.
4B) article 4, point 15 of the Council Regulation (EEC) No 2913/92.
4 c) article 91 of Regulation (EEC) No 2913/92.
4 d) the Convention on a common transit procedure between the countries of the European
free trade association (EFTA) and the European economic community,
as amended, the renowned No. 179/1996 Coll.
4E) Law No 120/2002 Coll., on conditions for the placing of biocidal products and
active substances on the market and amending certain related laws, in
the text of Act No. 186/2004 Sb.
5) Law No 308/2000 Coll., on agricultural and rock formations
agricultural public storage and some related
laws.
Act No. 256/2000 Coll., on the State agricultural intervention fund and the
change of certain other laws (the law on the State farm
the intervention fund), as amended by Act No. 128/2003 Coll.
6) Law No 219/2003 Coll., on marketing of seeds and plants grown
plants and amending some laws (law on the circulation of seed and propagating material).
7) Law No. 149/2003 Coll. on the putting into circulation of reproductive material
which are important forest tree species and artificial hybrids, intended to
regeneration and afforestation, and amending certain related laws
(the law on trade in forest reproductive material of tree species).
9) Council decision 2004/597/EC of 19 July 1999. July 2004
approving the accession of the European Community to the International Convention on the
plant protection revised and approved by resolution 12/97 of 29. the meetings of the
The Conference of the United Nations food and Agriculture Organization (FAO) in the
November 1997.
10) article 19 of Council Directive 2000/29/EC of 8 June 2004. May 2000 on the
protective measures against the introduction of organisms harmful to plants
or plant products into the community and against their spread
the territory of the community.
12), for example, Act No. 455/1991 Coll., on trades
(Trade Act), as amended.
13) article 4, point 16 of the Council Regulation (EEC) No 2913/92.
15) article 166 of Council Regulation (EEC) No 2913/92.
15A) article 166 et seq.. Council Regulation (EEC) No 2913/92.
15B) article 182 et seq.. Council Regulation (EEC) No 2913/92.
15 c) article 91 et seq.. and article 163 et seq.. Council Regulation (EEC) No.
2913/92.
15 d) article 98 et seq.. Council Regulation (EEC) No 2913/92.
15E) Council Regulation (EEC) No 2913/92.
16) Act No. 552/1991 Coll., on State control, as amended
regulations.
17) Law No 82/1998 Coll., on liability for damage caused in the performance of
of public authority by a decision or incorrect official procedure and amendment
Act No. 358/1992 Coll., on notaries public and their activities (notarial regulations), in
as amended.
17A) Law No 499/2004 Coll. on Archives and the archival service and amending
certain acts, as amended by law no 413/2005 Sb.
17B) Commission Regulation (EC) no 1756/2004 of 11 March 2004. October 1994, amending
shall lay down the detailed conditions for the requested documentation and criteria for
the method and degree of plant health checks of certain plants, for the
plant products or other objects listed in part B of annex V
Council Directive 2000/29/EC.
Article 15, paragraph 17). 2, second subparagraph, of Council Directive 2000/29/EC.
18) the International Convention on the harmonization of frontier controls of goods of 21 October 2003.
October 1982, proclaimed under no 55/1992 Sb.
19) Article 130 et seq.. Council Regulation (EEC) No 2913/92.
20) Act No 100/2004 Coll., on the protection of species of wild fauna and
flora by regulating trade therein, and other
measures to protect these species and on the amendment of certain laws (the law on the
trading in endangered species).
22) Commission Regulation (EC) no 690/2008 of 4 July. July 2008
recognising protected zones in the community in which it is the State of health
plants exposed to particular risk, as amended.
22A) Act No. 356/2003 SB., on chemical substances and chemical
products and amending certain laws, as amended by Act No. 186/2004 Sb.
23) Article. 43 of the Treaty establishing the European Community.
23A) Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended.
23B) Act No. 526/1990 Coll., on prices, as amended.
for example, 25) Act No. 102/2001 Coll., on the General safety of products and
change some of the laws (law on general product safety), as amended by
Act No. 146/2002 Sb.
for example, section 26) 17 et seq.. of the commercial code.
29) Law No. 102/2001 Coll., on general product safety, as amended by
Act No. 146/2002 Sb.
Act No. 552/1991.
30) § 2 (2). 1 (a). and) Act No. 130/2002 Coll., on the promotion of research and
development of public funds and amending certain related laws
(Act on the promotion of research and development).
31) § 2 (2). 1 (a). (b) Act No. 130)/2002 Sb.
32) Act No. 78/2004 Coll., on the use of genetically modified
organisms and genetic products.
33) Act No 246/1992 Coll., on the protection of animals against cruelty, as amended by
amended.
34) Law No 185/2001 Coll., on waste and amending certain other
laws, as amended.
35) Decree No. 191/2002 Coll. on technical requirements on constructions for
Agriculture.
35A) Law No 513/1991 Coll., the commercial code, as amended
regulations.
Act No. 455/1991 Coll., on trades (Trade Act),
in the wording of later regulations.
Act No. 252/1997 Coll., on agriculture, as amended.
section 2, paragraph 36). 5 Act No. 356/2003 Coll.
37) § 44a of the Act No. 258/2000 Coll., on the protection of public health and
some related laws, as amended.
39) Law No 166/1999 Coll., on health care and on the amendment of certain
related laws (health law), as amended.
40) Law No 449/2001 Coll., on game management, as amended.
41) Act No 114/1992 Coll., on nature and landscape protection, as amended by
amended.
42), for example, section 3 of the Act No. 102/2001 Sb.
48) Act No. 128/2000 Coll., on municipalities (municipal establishment), as amended by
amended.
Law No. 314/2002 Coll., on the establishment of municipalities, charged with municipal authority and
determination of municipalities with extended powers.
49) of Council Directive 69/464/EEC of 8 December. December 1969 on the protection against
cancer of the potato.
Council Directive 69/465/EEC of 8 December. December 1969 on the protection against
potato cyst nematodes.
Council Directive 69/466/EEC of 8 December. December 1969 on the protection against
San José scale.
Council Directive 74/647/EEC of 9 February 1976. December 1974 on the protection against
obalečům hvozdících orchards.
Council Directive 93/85/EEC of 4 March. October 1985 for the protection against
bacterial ring rot of potato.
Council Directive 98/57/EC of 20 July 1998. July 1998 on protection against
Ralstonia solanacearum (Smith) Yabuuchi et al.
section 38, paragraph 50). 1 law No. 147/1996 Coll., on phytosanitary care and
amendments to some related laws, as amended.
51) Act No. 219/2000 Coll., on the Czech Republic and its
in legal relations, as amended.
52) Act No. 218/2002 Coll., on the service of civil servants in administrative
offices and on the remuneration of such employees and other employees in the
administrative offices (business law).
52A) Law No 111/2009 Coll., on basic registers.
52b) section 12a of the law No. 256/2000 Coll., on the State agricultural intervention
Fund and amending certain other acts, as amended.
52b), for example, Act No. 110/1997 Coll. on foodstuffs and tobacco
products and amending and supplementing certain related laws, as amended by
amended, law No 115/1995 Coll., on wine-growing and
Winery and amending certain related laws, as amended by
amended, Act No. 634/1992 Coll. on consumer protection, in
as amended, law No 303/1993 Coll., on the abolition of the State
the tobacco monopoly and the measures related in the text of the
amended, law No 97/1996 Coll., on the protection of hops, as amended by
amended, law No 61/1997 Coll., on alcohol, as amended
legislation, Act No. 307/2000 Coll., on agricultural and rock formations
agricultural public warehouses and amending and supplementing certain
related laws, and law No. 102/2001 Coll., on general safety
products and amending some laws (law on general security
products).
section 2i 52c) Law No. 252/1997 SB., on agriculture, as amended by Act No.
441/2005 Coll. and Act No. 291/2009 Sb.
52d) section 4 c and 4e of law No 249/1997 Coll., on agriculture, in the text of the Act
No 291/2009 Sb.
52nd) Article. 48 of Commission Regulation (EC) No 796/2004 of 21 April 2004. April 2004,
laying down detailed rules for the application of cross-compliance, modulation and
the integrated administration and control system provided for in
Council Regulation (EC) No 1782/2003 establishing common rules
for direct support schemes under the common agricultural policy and establishing
certain support schemes for farmers, as amended.
Article. 19 paragraph. 2 Commission Regulation (EC) No 1975/2006 of 7 July. December
2006, laying down detailed rules for the application of Council Regulation (EC) No.
1698/2005, as regards the implementation of control procedures and cross-compliance with
regard to the rural development support measures, as amended.
53) European Parliament and Council Regulation (EC) no 765/2008 of 9 July.
July 2008 setting out the requirements for accreditation and supervision of
market relating to the marketing of products and repealing Regulation
(EEC) No 339/93.
53A) Article. 20 regulation of the European Parliament and of the Council (EC) no 765/2008 of the
9 June. July 2008 setting out the requirements for accreditation and supervision
market surveillance relating to the marketing of products on the market and repealing
Regulation (EEC) No 339/93.
Article 53B). 22 European Parliament and Council Regulation (EC) no 765/2008.
53 c) of Decree-Law No 396/2004 Coll., on procedures, content, and form
information on the occurrence of dangerous non-food products.
54) Law No. 239/2000 Coll., on the integrated rescue system and amending
certain acts, as amended by Act No. 320/2002 Coll.
Act No 240/2000 Coll., on crisis management and on amendments to certain laws
(the emergency law), as amended by Act No. 320/2002 Coll.
Act No. 241/2000 Coll., on economic measures for crisis conditions and the
changes to some related laws, as amended by Act No. 320/2002 Coll.
57) article 21 of Council Directive 2000/29/EC of 8 June 2004. May 2000 on the
protective measures against the introduction of organisms harmful to plants
or plant products into the community and against their spread
the territory of the community.
58) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
59) section 44 of the Act No. 111/1998 Coll., on universities and amending and supplementing
other laws (the law on universities), as amended by law No. 210/2000
Coll. and Act No. 147/2001 Sb.
60) section 60 of the Act No. 111/1998 Coll.
61) section 21 to 26 of the Act No. 312/2002 Coll., on officials of territorial
STUs and on amendment to certain laws.
62) section 89 and 90 of Act No. 111/1998 Coll.
63) Law No 18/2004 Coll., on the recognition of professional qualifications and other
the eligibility of nationals of the Member States of the European Union and the
some of the nationals of other States and on the amendment of certain laws (the law on the
recognition of professional qualifications), in the wording of later regulations.
64) Act No. 634/1992 Coll. on consumer protection, as amended
regulations.
65) section 44b of Act No. 258/2000 Coll.
66) section 58 of the Act No. 258/2000 Coll.
67) European Parliament and Council Regulation (EC) No 1107/2009 of 21 April.
October 2009 concerning the placing of plant protection products on the market and repealing
Council Directives 79/117/EEC and 91/414/EEC.
68) article 1, paragraph 1. 1 Council Directive 2000/29/EC of 8 June 2004. May 2000 on the
protective measures against the introduction into the community of organisms harmful to plants
or plant products and against their spread, the community on the
the territory of the community.
for example, article 69). 3 European Parliament and Council Regulation (EC) No.
1107/2009 of 21 April. October concerning the placing of plant protection products on the
the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
70) Council directive 2009/142/EC of 26 April 1999. November 2009 amending
Directive 2000/29/EC as regards the authorisation to carry out the tasks of the laboratory
testing.
71) article 6 of Council Directive 2000/29/EC of 8 June 2004. May 2000 on the
protective measures against the introduction into the community of organisms harmful to plants
or plant products and against their spread, the community on the
the territory of the community.
72) Article. 29 of the European Parliament and Council Regulation (EC) No 1107/2009 of the
21 June. October 2009 concerning the placing of plant protection products on the market and on the
repeal of Council Directives 79/117/EEC and 91/414/EEC.
Article 73). 46 of the European Parliament and of the Council (EC) No 1107/2009 of the
21 June. October 2009 concerning the placing of plant protection products on the market and on the
repeal of Council Directives 79/117/EEC and 91/414/EEC.
Article 74). 38 European Parliament and Council Regulation (EC) No 1107/2009 of the
21 June. October 2009 concerning the placing of plant protection products on the market and on the
repeal of Council Directives 79/117/EEC and 91/414/EEC.
Article 75). 51 European Parliament and Council Regulation (EC) No 1107/2009 of the
21 June. October 2009 concerning the placing of plant protection products on the market and on the
repeal of Council Directives 79/117/EEC and 91/414/EEC.
76) chapter IX of regulation the European Parliament and of the Council (EC) No.
1107/2009.
Article 77). 2 (2). 3 (b). d) European Parliament and Council Regulation (EC)
No 1107/2009 of 21 April. October 2009 concerning the placing of protection
plants on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
78) Law No 282/1991 Coll., on the Czech environmental inspection and its
the scope of the forest protection, as amended.
Article 79). 3 (3). 14 European Parliament and Council Regulation (EC) No.
1107/2009.
80) section 271 of the Act No. 513/1991 Coll., the commercial code, as amended
regulations.
81) Council Directive 2000/29/EC, as amended.
82), annex I, part 3 of the European Parliament and Council Regulation (EC) No.
1272/2008 on classification, labelling and packaging of substances and mixtures, amending and
repeal of directives 67/548/EEC and 1999/45/EC and amending Regulation (EC) No.
1907/2006, as amended.
83) Appendix IV European Parliament and Council directive 2009/128/EC.
84) § 6 of the law No 46/2000 Coll., on the rights and obligations in publishing
periodicals and on amendments to certain other laws (press law).
85) section 74 of the Act No. 49/1997 Coll., on Civil Aviation, as amended by Act No.
225/2006 Sb.
86) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water
Act), as amended.
87) Act No 114/1992 Coll., on nature and landscape protection, as amended by
amended.
Article 88). paragraph 67. 1 regulation of the European Parliament and of the Council (EC) No.
1107/2009.
89) section 26 of Act No. 455/1991 Coll.
90) section 50 of the Act No 455/1991 Coll.
§ 27, paragraph 91). 3 of Act No. 455/1991 Coll.
