Measures To Ensure Protection Against The Spread Of Potato Cyst Nematodes

Original Language Title: opatření k zabezpečení ochrany proti šíření háďátka bramborového

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=70709&nr=75~2F2010~20Sb.&ft=txt

75/2010 Coll.
DECREE


Dated March 16, 2010

On measures to ensure protection against the introduction and spread of PWN
potato cyst nematode and the pale yellow and amending Decree no. 332/2004 Coll.
On measures to ensure protection against the introduction and spread of cancer originator
potato, potato cyst nematodes and nematodes yellowish

The Ministry of Agriculture stipulates pursuant to § 88 par. 2 of Law no. 326/2004
Coll., On phytosanitary care and amending certain related laws,
(hereinafter the "Act"), as amended by Law no. 249 / 2008 Coll., to implement § 71 paragraph
. 1 point. h) of the Act:
PART ONE


Measures to ensure protection against the introduction and spread of PWN
POTATO and nematodes yellowish

§ 1
Subject Matter


This Decree implements European Union legislation ^ 1) and regulates
measures, which apply to the territory of the Czech Republic against the introduction and spread of potato cyst nematodes
(

Globodera rostochiensis Woll.
) and nematodes yellowish [


Globodera pallida (Stone) Behrens] (hereinafter "PWN").

§ 2


Concepts
For the purposes of this Decree

A) host plants - potato plants


Solanum tuberosum L., Plants with roots peppers


Capsicum spp., Tomato edible


Lycopersicon lycopersicum (L.) Karsten ex Farw. and eggplant


Solanum melongena L.,

B) suspect of nematodes - status after finding signs of possible
its presence on the host plant or in the soil or other growing
substrate (hereinafter referred to as "soil") lasting until the presence is confirmed || | or refuted by expert examination,

C) professional investigation - verification of PWN including verification of its
pathotype, the origin of PWN, assessing opportunities
its dissemination and eventual implementation bounding survey

D) the occurrence of nematodes - the presence of at least one cyst nematodes in the soil sample
whose durability has been proven biological test or finding
live embryonů or larvae of nematodes in a cyst or
finding at least one nematode contested plant or part thereof,

E) aggressive pathotype nematode - PWN pathotype, able to challenge
potato varieties resistant to potato cyst nematode (


Globodera rostochiensis Woll.) Pathotype Ro1 and reproduce them,

F) potato varieties resistant to a particular pathotype nematodes -
potato varieties which, when grown, natural causes
an annual population decline of this pathotype,

G) land - a natural part of agricultural land defined by soil type or
separated from adjacent plots of land use interface method,

H) of contaminated land or object - land or building on which
or in which it was detected and verified the occurrence of nematodes

I) land or an object suspected of contamination - land or a building, on which
or which is likely to spread or may spread
nematodes,

J) officially defined area - cadastral area outside the enclosed area cultivated
^ 2)

K) large dining center - equipment for catering
persons, in which you tap into the potatoes from the area affected
extraordinary phytosanitary measures ordered by the occurrence
nematode is provided waste treatment in accordance with point C point. b)
Annex no. 6 hereto.

§ 3
Preventive measures


(1) Planting material ^ 3) potatoes intended for marketing is
can be grown only on land on which it was in accordance with § 10 paragraph. 1
Act at the time of the last harvest of potatoes planting potato crop
for the production of planting material, surveyed the occurrence
PWN with negative results, and sampling and analysis of soil samples from the site
according to Annex no. 2 hereto. Exploration
and its negative result is one of the requirements for the properties of the land on which the
planting material of potato grown, and is a prerequisite for
potato crop certification by another law ^ 4).

(2) saved seed ^ 5) can be grown only on land on which
was in accordance with § 10 paragraph. 1 of the Act at the time of the last harvest
potatoes into potato planting crops for the production farmers planting

Carried out a survey of PWN with negative results, and sampling and testing
soil samples from land under Annex no. 2 hereto.

(3) Plants for planting in Annex no. 1 hereto
and intended for marketing may be grown only on land on which
was in accordance with § 10 paragraph. 1 Act in the period between harvests last
crops on the land and planting of plants listed in Annex no. 1 to this decree
carried out a survey of PWN with negative results, and it
sampling and analysis of soil samples from land under Annex.
2 to this Decree. The survey can be carried out even sooner if
documented confirmation that the incidence of nematodes by the survey was found and that
host plants since been conducting a survey on this land
grown. For plants for planting referred to in paragraph 2 of Annex no.
1 hereto may be replaced by this survey verifying that:

A) for the past 12 years, there is no record of PWN to
given plot based on the results of appropriate officially approved testing
or

B) there are records of crop cultivation, which according to the given plot
been for the past 12 years grown host plants.

(4) A survey by paragraphs 1 to 3 ensures the grower planting material
potato grower farmers and seed potato grower
plants intended for planting mentioned in Annex no. 1 hereto
at its expense, including the timely arrival at the place of their analysis
or conducting a biological assay. Soil sampling was carried out under the direct supervision
Phytosanitary Administration, which collected samples
sealed with an official seal. Analyses and biological tests of samples conducted
natural or legal person assigned to this task by the Ministry
according to § 71 para. 1 point. b) of the Act or the Phytosanitary Administration by
§ 72 para. 5 point. i) of the Act.

(5) The survey referred to in paragraphs 2 and 3 is not required for the site where the
plants intended for planting, are to be planted within
same place of production in an officially defined area, or for land, | || where they will be planted plants listed in point 2 of Annex no. 1 to this decree
if they are to be harvested plants
subject to officially approved measures referred to in paragraph A of the Annex no. 3 hereto.

(6) Possession of nematodes in accordance with § 7 para. 1 of the Act prohibited the possession
except for scientific, breeding or diagnostic purposes
which allows the Phytosanitary Administration pursuant to § 8. 1
Act if this does not disrupt the protective measures in the event of
nematodes or no risk of its spreading.

(7) Phytosanitary Administration, or natural or legal person
assigned to this task by the Ministry under § 71 para. 1 point. b)
law or Phytosanitary Administration pursuant to § 72 para. 5 point. i)
Act confirms races of resistance to nematodes, which are
listed in Annex no. 4 hereto, and the varieties and selections
potato, for which resistance against these properties or relatives || | races of declared and who are entered in the trials of potato varieties
registration, carried the Central control and testing Institute of agricultural
(hereinafter "the Institute") under the Act on the circulation of seeds and seedlings
^ 6). Method of testing resistance determined in accordance with § 72 para. 5
point. h) of the Act and annex no. 4 hereto
Phytosanitary Administration and published in the Gazette.

(8) Data on the resistance of potato varieties, including the nematode
pathotypes, which was confirmed by testing in accordance with paragraph 7
Institute publishes the list of varieties registered in the State Variety Book
Czech Republic, issued under the Act seed and seed-7).
Data on the resistance of potato varieties nematode while Phytosanitary Administration
communicated to the European Commission ( "Commission") and by 31
January in the report include species, pathotypes, virulence groups or | || populations to which the varieties are resistant, the degree of resistance
according to the scale set out in section a of the Annex no. 4 hereto and year when the
determined resistance. Phytosanitary Administration will publish data on response
varieties of potato nematode (including its pathotypes)
annually by 1 March at the Journal, based on testing done by

Paragraphs 7 and the data that it receives from the Phytosanitary Administration
Member States.

§ 4

Detection and registration of PWN

(1) of PWN detects Phytosanitary Administration
survey in accordance with § 10 paragraph. 1 of the Act and systematic Phytosanitary control
in accordance with § 15 para. 2 of the Act, namely:

A) control of the crops of host plants, or

B) sampling and analysis of soil samples.

(2) The scope and method of inspection crops of host plants and the way
sampling of plants and soils and methods of analysis or testing, and
scope of application of these methods determines Phytosanitary Administration official
notification in the Gazette on the basis of scientific and statistical principles and the biology
nematodes, taking into account the production systems of the host plants and
current situation in the incidence or the level of risk of introduction
nematodes. On land where potatoes are grown nesadbové must
range exploration of PWN reach at least 0.5% of the area
nesadbových potatoes each year.

(3) Results of the survey of PWN announces Phytosanitary Administration
annually in writing to the other Member States and the Commission in accordance with § 10 paragraph
. 5 of the Act. Results of the survey on land where they were grown
nesadbové potatoes, announces the Phytosanitary Administration
Commission annually by 1 April for the previous growing season.

(4) suspected or confirmed presence of nematodes due
failure or change in the effectiveness of resistance resistant potato variety
which relates to an exceptional change in the composition of species, pathotype or virulence group
nematodes, announcing
phytosanitary administration in accordance with § 9 and 13 of the Act. Phytosanitary Administration ensure
investigate and confirm nematode species and, where appropriate, the pathotype or virulence group
. Detailed information on these occurrences annually in writing
transmitted to the Commission and other Member States until 31 December.

§ 5

Measures in finding a suspect nematodes

(1) In the case of self-determination or reporting of suspected occurrence
nematodes Phytosanitary Administration verifies the vocational investigation under §
76 par. 2 of the Act incidence method based on scientific and statistical principles and
knowledge biology of this organism in order
such suspicions prove or disprove.

(2) If there is danger in delay, Phytosanitary Administration until
possible refutation of the suspected occurrence of extraordinary or
phytosanitary measures on the basis of the result of the investigation
carried out in accordance with § 76 par. 2 of the Act

A) prohibit the movement of all lots of plants and soil derived from
land or buildings, from which samples were taken with a well-founded suspicion
incidence of nematodes, and land or objects suspected of contamination, or for that
in which it is likely to spread or may spread
nematodes, with the exception of parts of plants, which do not represent identifiable
risk of spread of PWN or which are subject to measures under the supervision
phytosanitary administration, which eliminates this risk,

B) prohibits the marketing of plants with roots intended for transplanting to other
land from land or buildings mentioned in the previous
point, with the exception of direct delivery and planting on land where there is no other
cyst nematodes spreading; land designated for stand establishment
these plants must be pre-approved by the Phytosanitary Administration, or

C) order other appropriate measures consistent with the level of estimated risk
possible further spread of PWN with the aim to prevent the spread of this and ensure
supervising the movement of other parts of the host plant
marketed.

§ 6

Measures following confirmation of PWN

(1) If the Phytosanitary Administration based on the verification of suspected
of PWN under § 5 para. 1 confirms the presence of nematodes, carried
according to § 76 par. 2 of the Act and pursuant to another legal regulation 8) professional | || investigation focusing on the assessment of the facts set out in the Annex.
5 hereto, including verifying whether the aggressive pathotypes
nematodes method established on the basis of scientific and statistical principles and the biology
nematodes and published in Journal, or perform
delimiting survey of PWN to other land or buildings

Suspicious of its occurrence.

(2) Upon completion of specialized investigation pursuant to paragraph 1 and in accordance with its
result or a result of the constraining survey
Phytosanitary Administration identified land or a building for nematode infested
and the relevant consignment or potato plants listed in the Annex.
1 to this decree, which came from contaminated land or property or
have been in contact with contaminated soil, as infested by PWN.

(3) If a verification under paragraph 1, the incidence of aggressive pathotype
nematodes, Phytosanitary Administration performs testing of its virulence and
identification, and a method established in accordance with scientific and statistical principles
and nematode biology and to be published in the Journal
. Information about this occurrence annually no later than 31 December
transmitted to the Commission and other Member States.

(4) If you confirm the occurrence of nematodes, define the Phytosanitary Administration territory
into which involves polluted land or a building, and threatened its
extension beyond this land or building, as well as other land or || | objects under § 5 para. 2 point. a) (hereinafter referred to as "quarantine area") in
sufficiently to prevent the spread of PWN outside this territory. The quarantine area
orders Phytosanitary Administration
extraordinary phytosanitary measures pursuant to § 7 and 8

(5) If, on the basis of the result of the investigation referred to in paragraph 1
Phytosanitary Administration finds that:

A) nematodes, host plants or plants for přesadbě other
land, grown on contaminated land or in a contaminated object
will be marketed

B) contaminated plot or object is or will be used for the cultivation
host plant nematodes or plants intended for přesadbě
to other sites or used for storage of contaminated soil, the
intention of these plants may be marketing and

C) of the contaminated land or object can be further spread
nematodes, does not define a quarantine area and the regulation of extraordinary
phytosanitary measures shall be waived in accordance with § 76 par. 6 point. b)
Act.

(6) Following the negative outcome of the examination of PWN at all
contaminated plots and all contaminated objects in quarantine
territory pursuant to § 8. 2 Phytosanitary Administration in accordance with § 76 par. 4 point
. b) of the Act cancels emergency phytosanitary measures indicating
facts that were the basis for this decision.

Emergency phytosanitary measures against the spread of PWN

§ 7

(1) After the confirmation of PWN Phytosanitary Administration in accordance with § 11 paragraph
. 1 of the Act directs the quarantine area corresponding
extraordinary phytosanitary measures pursuant to § 76 par. 2 point. a) of the Act.

(2) on the contaminated land, or in a contaminated object in the quarantine area


A) must seek and destroy wild host plants
[§ 76 par. 1 point. a) Act]

B) may not grow potatoes and plants intended for cultivation in
Annex no. 1 hereto, except as specified in subparagraph
c), and plants intended for transplanting to other sites, even those
keep the plants in a manner which may come in contact with contaminated soil
[§ 76 par. 1 point. a) Act]

C) can be grown

First nesadbové potatoes in order

01.01 pest nematodes in accordance with Annex no. 7 to this Decree [§ 76 par. 1
point. a) of the Act], or

02.01 possession of nematodes for scientific, breeding or diagnostic purposes
based on a decision Phytosanitary Administration pursuant to § 8. 1
Act

Second in the case of potato cyst nematodes (


Globodera rostochiensis Woll.) pathotype Ro1 nesadbové potatoes resistant varieties against this
pathotype during the interval set CRD that
always grower before planting notify growing potato varieties including
territorially competent department phytosanitary management [§ 76 par. 1
point. a) Act]

Third plants listed in point 2 of Annex no. 1 hereto for
provided that these plants are subject to officially approved
measures referred to in paragraph A of the Annex no. 3 hereto [§ 76 par. 1 point
. a) of the Act].

(3) Phytosanitary Administration permit within legislated emergency

Phytosanitary measures potato growing on the contaminated land or in a contaminated object
pursuant to paragraph 2. c) only if
no danger of spread of PWN, especially security
meet the conditions for eventual transport and utilization of harvested potatoes
listed in Annex no. 8 hereto.

(4) In other fields, or other objects in the quarantine area


A) in the year following detection of PWN not
cultivate potato planting material; In future years, this material can be
grow only under the conditions specified in paragraph 7 and

B) may only grow potato varieties resistant to the spot
pathotype occurring nematodes, on the same plot
no more than once every four years [§ 76 par. 1 point. a) of the Act].

(5) Lot potato identified as infested by PWN according to § 6 para. 2 may be used
:

A) any cooking or blanching in steaming equipment at least 80
8C for at least 15 minutes for the feeding or consumed on the farm or home user
land, or in another farm or in the same household
quarantine area [§ 76 par. 1 point. a) Act]

B) for processing [§ 76 par. 1 point. a) of the Act] in
processing plants in accordance with Section B of the Annex no. 3 to this
decree, ie factories, which are equipped with sinks
sedimentation for settling of solids from washing waters cruising and fitted || | facilities (immersion wall) to prevent leakage of foam and light particles into
runoff from sump

C) to be eaten in large catering centers come when the
land infested aggressive pathotype nematodes [§ 76 par. 1 point. a)
Act] or

D) consumption by packaging adapted for direct delivery to the place of consumption and use without repacking
ware production, but only in the case of early
potato varieties resistant to the nematode and originating from land contaminated aggressive
pathotype nematodes [§ 76 par. 1 point. a) of the Act].

(6) Plants listed in paragraph 2 of Annex no. 1 hereto identified as infested by PWN
according to § 6 para. 2 may be grown, if not
subject to the officially approved measures referred to in Section A of Appendix .
3 to this decree [§ 76 par. 1 point. a) of the Act].

(7) plants intended for transplanting to other sites originating from
contaminated land or buildings, or have been in contact with contaminated soil
not be placed on the market, with the exception of direct delivery and
planting on land where there is no further spread of PWN.
Land designated for stand establishment of these plants must be approved in advance
CRD [§ 76 par. 1 point. a) of the Act].

§ 8

(1) Potatoes from other land or buildings in the quarantine area
with aggressive pathotype nematodes can be used

A) in the same quarantine area or in another quarantine area with the appearance
same pathotype nematodes, for any purpose, except to use betting
[§ 76 par. 1 point. a) Act]

B) for processing [§ 76 par. 1 point. a) Act]

C) to be eaten in large catering centers [§ 76 par. 1 point.
) Of the Act], or

D) consumption by packaging adapted for direct delivery to the place of consumption and use without repacking
ware potatoes [§ 76 par. 1 point. a)
Act].

(2) If it is a new occurrence of the PWN in the vicinity of the land on which
produces potato planting material and to be as suspicious of contamination
included in the quarantine area, it is possible to potato planting material
from this land to market to review its
nezamořenosti phytosanitary administration, and sampling and analysis
soil samples from the respective property [§ 76 par. 1 point. a) of the Act].

(3) The quarantine area may be within marketing move
potato plants listed in Annex no. 1 hereto and
plants intended for transplanting to other sites, as well as soil, manure and
composts only with the permission of the phytosanitary administration, issued at the request of the
legal or natural persons, and it set
conditions. Phytosanitary Administration to approve such places and ways
utilization moved and determining such conditions by

Annex no. 8 hereto, to exclude identifiable risk of the spread of PWN
[§ 76 par. 1 point. a) of the Act].

(4) Seed potatoes and the host plants listed in point 1 of Appendix.
1 hereto identified as infested by PWN according to § 6 para. 2
may be grown, unless they have been decontaminated under the supervision
phytosanitary administration by using appropriate methods adopted
accordance with the procedure set down in European Community ^ 9)
which exclude the risk of spread of nematodes [§ 76 par. 1 point. a) of the Act].

(5) Machinery, transport equipment, tools and shoes or other objects
used

A) on the contaminated land or in a contaminated object must be before
movement from this land or the building cleaned of soil and
before applying to another location or another object in quarantine
wash the area with water, and at a location where it can be expanded nematodes;
If it is a land with aggressive pathotype must be disinfected
manner prescribed Phytosanitary Administration in accordance with Annex no. 6
hereto [§ 76 par. 1 point. a) Law]

B) in other lands and other objects in the quarantine area must
before attempting to move outside that territory cleaned from the soil [§ 76 par. 1
point. a) of the Act].
Measures referred to under a) and b) provides the appropriate user
land or building.

§ 9

Checking contaminated land and buildings

(1) Checking infestation of land or an object identified as infested by PWN
Phytosanitary Administration is carried out in accordance with § 76 paragraph
. 4 point. b) of the Act

A) not earlier than 6 years since the last observation of PWN this
land or in this building, or from the last growing potatoes or

B) at the request of the owner or user of an infected object or property
first 3 years since the last detection of this land or
in this building if they have been on the contaminated land applied under the supervision of the Phytosanitary Administration
methods of pest listed in Annex no. 7 to
this decree, or if it was in a contaminated object supervised
phytosanitary administration conducted its redevelopment, or in this building
used soil applied method of killing set out in Annex.
7 to this Decree.

(2) does not detect if, when testing the land or the building
incidence of nematodes, it shall be checking the site or object as not infected and
Phytosanitary Administration canceled emergency phytosanitary measures
prescribed pursuant to § 7 and 8 | ||
(3) The testing referred to in paragraph 1 shall be conducted in accordance with Annex no. 3
hereto point C using the methods specified in Annex no. 2 to
hereto. Results of testing are part of the records the occurrence of nematode
conducted under § 4 para. 4th

§ 10


Transitional provisions
Results of surveys carried out before 1 July 2010 may be considered
survey results, according to point 3. b) and c) of Appendix.
2 hereto.
PART TWO


Change decree on measures to ensure protection against the introduction and spread of
cause cancer potato, potato cyst nematode and nematodes yellowish


§ 11

Decree no. 332/2004 Coll., On measures to ensure protection against the introduction and spread
cause cancer potato, potato cyst nematode and nematodes
yellowish, is amended as follows:

First In § 1, the words "potato cyst nematodes (Heterodera rostochiensis =
Globodera rostochiensis Woll.) And nematodes yellowish [
Globodera pallida (Stone) Behrens]" are deleted.

Second Footnote. 1 reads:

"1) Council Directive 69/464 / EEC of 8 December 1969 on control of Potato Wart Disease
.".

Third § 2 reads:

"§ 2


Concepts
For the purposes of this Decree:

A) cause cancer - the fungus [Synchytrium endobioticum (Schilb.)
Perc.]

B) host plants - potato (Solanum tuberosum L.)

C) suspect of cause cancer - state after finding signs
her presence on the host plant or in the soil lasting until
until presence is confirmed or refuted by objective professional
investigation

D) professional investigation - verification of cancer, including verification of
pathotype, the origin of cancer, assessing the possibilities of
dissemination and eventual implementation bounding survey


E) the occurrence cause cancer - finding at least one cause of cancer
infested plants or parts thereof, or finding permanent zoosporangia
cause cancer,

F) aggressive pathotype - pathotype cause cancer able to challenge
potato varieties resistant to cause cancer pathotype 1
reproduce them,

G) potato varieties resistant to a particular pathotype originator
cancer - potato varieties which responds to the challenge of population
pathotype cause cancer manner in which there is no danger of secondary infection
,

H) of contaminated land or object - land or building on which
or where it was found and verified occurrence cause cancer,

I) land or an object suspected of contamination - land or a building, on which
or which are likely to extend or expand
germs can cause cancer,

J) large dining center - equipment for catering
persons, in which you tap into the potatoes from the area affected
extraordinary phytosanitary measures ordered by the occurrence
cause cancer is provided waste treatment in accordance with point C
point. b) Annex no. 6 hereto. ".

Fourth In § 3, paragraphs 1 and 2 shall be repealed.

The former paragraphs 3 to 5 shall be renumbered 1 to 3

Fifth In § 3 para. 1, "and nematodes," a "or nematodes" are deleted.

6th In § 3 para. 2, "and Ro1 potato cyst nematode (Heterodera rostochiensis
= Globodera rostochiensis Woll.)" And the words "and nematodes"
deleted.

7th In § 3 para. 3, "and nematode" is deleted and the number "4" is replaced
number "2".

8th In the heading of § 4, § 4 para. 1-4, the words "and nematodes" are deleted.

9th In the title of § 5, § 5 para. 1, para. 2 point. a) and b) the words "or
nematodes" are deleted.

10th In the title of § 6, the words "or nematodes" are deleted.

11th § 6 para. 1 the words "or nematodes," "and nematodes" are deleted.

12th § 6 para. 2, the word "PWN" are deleted.

13th § 6 para. 3, the words "or nematodes," and the words "and nematodes" are deleted.

14th § 6 para. 4, the words "or nematodes" are deleted.

15th § 6 para. 5 point. a) the words "and nematodes" are deleted.

16th § 6 para. 5 point. b), c) and paragraph. 6, the words "or nematode"
deleted.

17th In the heading of § 7, the words "and nematodes" are deleted.

18th In § 7 para. 1, "or nematodes" are deleted.

19th In § 7 para. 2 point. d) points 1.1 and 1.3. the words "or nematode"
deleted.

20th In § 7 para. 2 point. d) at the end of paragraph 1.3 semicolon replaces
dot and the second point is deleted.

21st In § 7 para. 3 and par. 4 point. a) and b) the words "or nematode"
deleted.

22nd In § 7 para. 5, the word "PWN" are deleted.

23rd In § 7 para. 5 point. d), para. 6, para. 7 point. a), para. 8 and 9
words "or nematodes" are deleted.

24th In § 7 para. 10 point. a) the words "or nematodes" are deleted.

25th In § 7 para. 11 and 12, "or nematodes" are deleted.

26th In § 8. 1, "PWN or" are deleted.

27th In § 8. 1 point. a) and b), para. 2 and 3, the words "or nematode"
deleted.

28th In § 8 par. 5, the words "and nematodes" are deleted.

29th In Annex no. 1 in the title, in subparagraphs a), d) and e) the words "or
nematodes" are deleted.

30th In Annex no. 2 in the title the words "PWN or" are deleted.

31st In Annex no. 2, Part A, first sentence, the words "and cyst nematodes"
deleted.

32nd In Annex no. 2 of Part C of the first sentence the words "PWN or" are deleted.

33rd In Annex no. 2 of Part C point. b) the words "or nematodes" are deleted.

34th In Annex no. 2, Part C, last sentence, the words "or PWN"
deleted.

35th Annex no. 3 is in the title and in paragraphs 1, 2 and 4, the words "and nematodes"
deleted.

36th Annex no. 4 Part A, paragraph 2, the words "and nematode" and "a nematode"
deleted.

37th Annex no. 4 Part A, paragraph 5, the words "and PWN" are deleted.

38th Annex no. 4, Part A, the last sentence, "and nematode" are deleted.
PART THREE


§ 12
Efficiency


This decree comes into force on 1 July 2010.
Minister
:

Ing. Sebesta vr
Appendix 1


The list of host plants and other

First Host plants with roots:



Capsicum spp.,


Lycopersicon lycopersicum (L.) Karsten ex Farw.,


Solanum melongena L ..

Second a) Other plants with roots:


Allium porrum L.,


Beta vulgaris L.,


Brassica spp.,


Fragaria L.,


Asparagus officinalis L.

B) Bulbs, tubers and rhizomes, which are not subject to the officially approved
measures according to paragraph A of the Annex no. 3, grown in soil, except those
which are marketed in a form (packaging, labeling ,
zapěstování), from which it is apparent that they are intended for sale to final
consumers who do not engage in business or production plants
cut flowers.


Allium ascalonicum L.,


Allium cepa L.,


Dahlia spp.,


Gladiolus Tourn. Ex L.


Hyacinthus spp.


Iris spp.


Lilium spp.


Narcissus L.,


Tulipa L.
Appendix 2


Sampling and testing of samples

First Collection and testing of samples in the survey under § 3 para. 1-3

A) sampling includes a soil sample with a standard volume
least 1500 ml soil / ha collected from at least 100 subsamples (scratches) per ha in
rectangular grid covering the entire site with a minimum width of 5
meters and a length of more than 20 meters between sampling points. The entire sample was
used for further examination, i.e. extraction of cysts, species identification and determination
possibly pathotype / virulence group;

B) testing method involves extracting nematodes described in the relevant
phytosanitary procedures or diagnostic protocols

Globodera pallida and



Globodera rostochiensis: EPPO standards.

Second Collection and testing of samples in the survey according to § 4 para. 2 -
survey land nesadbových potatoes

A) sampling means:

- The sampling described in point 1 with a minimum sample size of soil
least 400 ml / ha, or

- Targeted sampling of at least 400 ml of soil after visual examination of roots
with visible signs or

- Sampling of at least 400 ml of soil associated with the potato tuber
after harvesting provided that the field where the potatoes were grown
can be traced;

B) testing shall be tested in accordance with point 1

Third The standard sample size referred to in paragraph 1 may be reduced to
least 400 ml of soil / ha provided that:

A) there is proof that in the six years preceding the survey were
grown and were present in potatoes or other host plants, or


B) in samples of 1500 ml soil / ha been during the last two
consecutive surveys been detected nematodes and after the first survey
have been grown potatoes or other host plants
except for which according to § 3 requires a survey or

C) in the last survey, which had to consist of sample volume
least 1500 ml soil / ha, did not detect the occurrence of nematode cysts or with
live content and on land not grown since the last survey
potatoes or other host plants other than those for which
under § 3 requires exploration.

Fourth The sample size referred to in paragraph 1 for estates larger than 8 ha and the sample
referred to in paragraph 3 for parcels larger than 4 hectares may be reduced:

A) the standard amount referred to in paragraph 1, the first 8 ha
collected samples of standard volume of at least 1500 ml soil / ha for each additional hectare
this volume can be reduced to a minimum of 400 ml of soil / ha ;

B) at a reduced volume mentioned in point 3 of the first 4 ha
collected samples of specific volume of at least 400 ml of soil / ha for each additional hectare
this volume can be reduced to at least 200 ml of soil / ha.

Fifth Samples of the reduced volume mentioned in paragraphs 3 and 4 may continue
used in subsequent surveys under § 3 para. 1-3 until
the plot in an occurrence of PWN.

6th The standard amount of soil sample referred to in paragraph 1 may be reduced to
least 200 ml of soil / ha if the land is situated in the area noted by
simple of PWN and is marked, maintained and examined in accordance with relevant international standards
phytosanitary measures.
Details of such areas are officially notified to the Commission and other Member States
writing.

7th The minimum amount of soil sample must in any case
100 ml of soil on the site.
Appendix 3

Official measures



A. The officially approved measures referred to in § 3 para. 5, § 7 para. 2
point. c) Section 3, § 7 para. 6 of the Decree and in point 2. b)
Annex no. 1 hereto are:

- Disinfestation by appropriate methods such that there is no identifiable risk
spread of PWN or

- The removal of soil by washing or mechanically so that there
identifiable risk of spreading PWN.

B. The officially approved measures referred to in § 7 para. 5 point. b)
delivery to the processing plant or a suitable sorting and
officially approved procedures for waste disposal, for which it has been established that
there is no risk of spreading PWN.

C. The officially approved measures referred to in § 8. 1
official re-sampling of the property, which has been officially recorded as infested
according to § 6 para. 2, and testing using one of the methods listed in Annex
no. 2 hereto after a minimum period of 6
years from the positive confirmation of PWN or last
growing potatoes. This period may be reduced to less than 3 years
if they were taken appropriate officially approved protection measures.
Appendix 4


I. The degree of resistance

The degree of susceptibility of potatoes to potato cyst nematode is calculated on the basis
following standard scoring notation as specified in § 3.
8 and Annex no. 7 to this Decree.

Score 9 indicates the highest level of resistance.

Relative susceptibility (%) Number of points
<1 9 8

1,1-3 3,1-5 7 5,1-10 6

10,1- 15 5 4

15,1-25 25,1-50 3 50,1-100

2> 100 1

II. Protocol testing resistance

First The test is performed in a quarantine facility either in the open air, in
glasshouses, or in climate chambers growing.

Second The assay is performed in pots each containing at least one liter of soil
(or suitable substrate).

Third The soil temperature during the test shall not exceed 25 ° C and the soil must be
adequate watering.

Fourth When planting the test or control variety shall be one
potato eye of each test or control variety. It is recommended
leaving only one stalk.

Fifth As a control standard variety is susceptible in each test
used potato variety "Désirée". Additional fully susceptible control varieties
local relevance may be added as internal checks.
Standard variety is susceptible may be changed if research indicates that other
varieties are either more suitable or more accessible.

6th The testing pathotypes Ro1, Ro5, Pa1 and Pa3 apply the following standard populations of nematodes
:

Ro1: population Ecosse

Ro5: population Harmerz

Pa1: population Scottish

Pa3: population Chavornay
The test may be included in other cyst nematode populations of local relevance.

7th The identity of the standard population used shall be checked using appropriate methods
. It is recommended that the test předzkouškách
used at least two resistant varieties or two differential standard
clones of known resistance.

8th Initial dose nematode inoculum (Pi) consists of 5 embryonů and / or
larvae used per 1 ml of the soil or substrate. Inoculation is carried nematodes
form cysts, or combined as embryony and / or larvae in a suspension.
It is recommended that the number of cysts was used to inoculate a pre-validated test
hatching.

9th Lifetime cyst nematodes used as the inoculum source
must be at least 70%. It is recommended that the cysts are 6-24 months old and
at least 4 months immediately prior to use
preserved at 4 ° C.

10th For each combination of cyst nematode population and potato variety tested
must be at least 4 containers. Control variety to the standard susceptible
it is recommended to use at least 10 vessels.

11th The duration of the test must be at least 3 months before its end
must be checked for sufficient maturity of developing females.

12th Cyst nematode cysts from the 4 repetitions are extracted and counted for
each container separately.

13th Population density (Pf) on the variety of standard susceptible end
resistance test is determined by counting cysts from all replicates and

Embryony and larvae at least 4 replicates.

14th Control variety to the standard susceptible must be achieved
multiplication rate of at least 20 × (Pf / Pi).

15th The coefficient of variation (CV) on the standard control variety
tendency not exceed 35%.

16th The relative susceptibility of the tested potato varieties in comparison with the control variety
standard predisposition is determined and expressed as a percentage
according to the formula: Pf test variety / Pf control variety to the standard susceptible
x 100%.

17th If a tested potato variety has a relative susceptibility of more than 3%, just
cyst counts. In cases where the relative susceptibility of less than 3%,
counted in addition to cyst embryony and larvae.

18th If the results of tests in the first year indicate that a variety is fully susceptible to a pathotype
not required to repeat these tests in a second year.

19th Test results must be confirmed by at least one other trial
performed in another year. The arithmetic average of the relative susceptibility
for these two years is used to derive the score according to the standard
points table.
Appendix 5


Contents professional investigation after the confirmation of PWN

Vocational investigation pursuant to § 6 para. 1 aims at:

A) the definition of contaminated land or building and assess if there is away
risk of spread of PWN;

B) obtain the information necessary to register the occurrence according to § 4 para. 3 and
assess whether the fulfillment of the reporting obligation pursuant to § 9 of the Act and § 6
Decree no. 215/2008 Coll .;

C) ascertaining the actual or probable origin of the occurrence, particularly with regard to the possibility
transmission of infection from contaminated land or other object
propagating material of potato or other plants
mechanization equipment, vehicles, tools, water
or wind erosion, the possibility of transferring manure, sediments from washing
processing plants and other enterprises, and in the context of history
land use or building, including the assessment of the frequency of cultivation
host plants;

D) assessment of the current possibilities of spread of PWN out of contaminated land
or object with respect to

- The intensity of the infestation and landscaping or otherwise isolating infected
land or objects from their surroundings,

- Places and ways of storage and processing of the harvest
host plants and plants intended for přesadbě to other sites,

- Mechanical equipment and tools used on contaminated land (in
infested buildings) and use them on other grounds (in other
objects);

E) assessing the effectiveness and the possibility of eradication of nematodes
taking into account the results of the investigation under a) and d), and ecological and hygienic aspects
possible use of chemical agents.
Annex 6


Sanitation and disposal of contaminated material from the PWN or suspected contamination


A. Chemical decontamination

Cyst nematode cysts can exterminate these disinfectants:

----------------------------------------------- -------------------------------------------------- -
disinfectant Concentration Minimum time
% Exposure (in minutes)
----------------------------------------- -------------------------------------------------- -------
Kresolum detergents 5 15
(trikresol 51.6%)
----------------------- -------------------------------------------------- -------------------------
Caustic Soda 3-530
-------------- -------------------------------------------------- ---------------------------------- sodium hypochlorite

10 60 (15% active chlorine)
----------------------------------------------- -------------------------------------------------- -
Savo (4.5% of assets. chlorine) 33 60 -------------------------------
-------------------------------------------------- -----------------
Ammonia water (24%) 10 30 -------------------
-------------------------------------------------- -----------------------------

Formalin (formaldehyde 40%) 15 30 ----
-------------------------------------------------- --------------------------------------------

Before the demolition is necessary infested objects and spaces
rid of plant debris and soil (mechanically or by water washing, vacuuming
industrial vacuum cleaner, blowing inaccessible parts of machinery and equipment
compressed air, etc.) and plant residues and soil disposal in accordance with
point C of this Annex.


Self decontamination is carried out by dipping in an appropriate solution or spraying
dose of 0.5 - 1 liter per m2, which was treated subject perfectly wetted.
When fast drying spray on the treated object (the sun and wind
) should be sprayed once again. After decontamination, the treated
subjects, especially after using hypochlorite compositions and caustic soda
washed with warm water.

When rehabilitation is necessary to observe appropriate hygiene and safety
measures mentioned on the labels used resources.

B. Redevelopment hot water and steam

Sanitation hot water is carried out by dipping objects for at least 30
minutes at a water temperature of 65 ° C or 15 minutes at 80 ° C.

The application of steam used stationary or portable steam.
Steam temperature must be at least 80 ° C and exposure to at least 30 minutes.
At temperatures above 100 ° C, exposure can be shortened to 15 minutes. In case
Raschel sacks temperature must not exceed 85 ° C. Steaming
material should be slightly moist.

C. Removal of infected or suspicious material contamination

Plant residues, packaging or residues of soil sweepings from warehouses, etc.,
Infested or suspected of infestation by PWN is possible:

A) burn;

B) stored in dumps waste ^ 1), where there is no danger
possible expansion nematodes, or to pre-dug pit and include
least 50 cm thick layer of soil; for safer disposal is
been appropriate to decontaminate the material under Part A or B of this methodology
or it before the inclusion of soil prosypat chloride of lime or quicklime
lime in an amount of 5 kg per m3.

Method and disposal site material infested by PWN, or contamination of this
suspect must approve the territorially competent department
Phytosanitary Administration.

1) The Act no. 185/2001 Coll., On waste and amending certain other
Acts, as amended.
Annex 7


Control of nematodes in infested soil

First Pest nematodes is done with the consent and under the supervision of territorial
relevant workplace Phytosanitary Administration, which the owner or user
contaminated land or the facility in advance notify the date of implementation
individual interventions and measures.

Second The selection of methods and destroying their optimal mix depends on local conditions
(intensity of soil contamination, land size,
risk of further spread of the infection, the ecological situation, the economic potential
growers etc.). The basis for the redevelopment of land by chemical means and through
resistant potato varieties with the highest degree of resistance by
Section I of Annex no. 4. Methods of killing nematodes
Phytosanitary Administration published in the Gazette and in writing forwarded to the Commission and other
EU Member States.

Third The effectiveness of pest infestation is verified by examination of the land or the building
according to § 8

Fourth Records of pest nematodes leads protocol Phytosanitary Administration.
Log contains descriptions and dates of all work performed and is based in
evidence of PWN.
Appendix 8


Transportation and utilization of potatoes and other material from the quarantine area
and sanitation deposits in sedimentary reservoirs and storage stockpile processing plants


A. Transportation and utilization of potatoes and other material from the quarantine area


First Potatoes are transported in vehicles, all of which can
contents fall out and the storage space can be cleaned or disinfected
without intermediate storage and repacking
directly to the point of consumption.

Second After unloading the potato storage means of transport used
a used box pallets or similar containers
mechanically cleaned and potatoes if they come from a contaminated land or
quarantine area with aggressive pathotype, washed with water
the place where the nematode can not spread. Potatoes from the contaminated land
aggressive pathotypes after mechanical cleaning and washing water
disinfected in accordance with Annex no. 6 of Part A. Similarly cleaned or sanitized
place of unloading and storing potatoes. Remnants of soil and tubers
was dispatched to a controlled landfill ^ 1), approved in terms of protection against the spread of PWN
territorially competent department phytosanitary
Administration.

Third The bags used to transport potatoes from contaminated plots and

Quarantine area with aggressive pathotype is burned or
cleaned up in accordance with Annex no. 6 hereto.

Fourth Deposits of sedimentary basins processing plants to be exported
in places approved by the relevant department land use phytosanitary
Administration. Their further use is possible only with the permission
Phytosanitary Administration, and in compliance with her prescribed conditions.

Fifth Deposits referred to in point 4 may be used on arable land only after their
sanitation or verify their nezamořenosti PWN under Part B of this Annex
, not only on land where potatoes are not grown
less than 2 years .

6th Supplier of plants, plant products and other materials
mentioned in § 7 para. 7, shall inform the recipient of the conditions laid down
transportation CRD and agree on a way
ensure appropriate measures.

Measures referred to in points 1-6, is similarly determined, and to the extent appropriate and
for the transport and utilization of other material, which can be transmitted
nematode.

B. Redevelopment deposits in sedimentary reservoirs and storage stockpile processing plants


First After the campaign to keep the sediments in the sump completely underwater
water, at least until March 31.

Second After draining the water from sump pits fitted with vertical concrete or
sandwic swamped with water pit wall above the sediment until
above, which reached the highest water level.

Third Before the start of the drying surface sediments, no later than April 30
is covered with a black foil reservoir sedimentation, which is fixed so as not to
avoid exposing sediments.

Fourth Black foil is removed earliest on 1 August.

Fifth Where it is necessary to empty the sedimentation tank during the campaign, it is possible to use
black film according to claim 3 and 4 also overlap in their meetings
place where they were relocated.

1) The Act no. 185/2001 Coll., On waste and amending certain other laws
, as amended

1) Council Directive 2007/33 / EC of 11 June 2007 on the protection
cystotvorným potato nematodes and repealing Directive 69/465 / EEC.

2) § 2 para. 2 point. c) and § 7 para. 4 of the Act no. 219/2003 Coll., on
marketing of seeds and planting material and amending some laws
(Act on the marketing of seeds and seedlings), as amended by Act no. 178/2006 Coll.

3) § 2 para. 1 point. b) Act no. 219/2003 Coll., as amended by Act no. 178/2006 Coll
.

4) § 5 para. 5 of the Act no. 219/2003 Coll., As amended by Act no. 178/2006 Coll.
And Law no. 96/2009 Coll.

5) § 19a of Act no. 408/2000 Coll., On protection of rights to plant varieties and
amending Act no. 92/1996 Coll., On varieties, seeds and seedlings grown
plants as amended (the Act on the protection of rights to
varieties), as amended by Act no. 554/2005 Coll. and Act no. 227/2009 Coll.

6) § 30 of Act no. 219/2003 Coll., As amended by Act no. 178/2006 Coll.

7) § 33 of Act no. 219/2003 Coll., As amended by Act no. 178/2006 Coll.

8) § 31 para. 2 of Decree no. 215/2008 Coll., On measures against the introduction and expansion
pests of plants and plant products.

9) Articles 5 and 7 of Council Decision 1999/468 / EC laying down the procedures for the exercise of implementing powers conferred
Commission.