131/2006 Sb.
LAW
of 14 July 1999. March 2006,
amending the Act No. 326/2004 Coll., on phytosanitary care and amendments
some related laws, as amended, law No.
455/1991 Coll., on trades (Trade Act), as amended by
amended, Act No. 229/1991 Coll., on the adjustment of ownership
relationship to the land and other agricultural property as amended
regulations, and Act No. 569/1991 Coll., on the plot of the Czech Republic,
as amended
Change: 503/2012 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Changing the law on phytosanitary care and amendments related
the laws of the
Article. (I)
Act No. 326/2004 Coll., on phytosanitary care and amendments
related laws, as amended by Act No. 626/2004 Coll. and Act No.
444/2005 is amended as follows:
1. In article 1 (1). 1, the words "in accordance with" shall be replaced by
"incorporates the relevant" and after the word "community" ^ 1 ")" are the words
"and edits".
2. In footnote # 1 for the phrase "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 ", the following sentence" Commission Directive 2004/103/EC of 7 September 2004.
October 2004 on identity and plant health checks, inspections
plants, plant products or other objects listed in part B of
Annex V to Council Directive 2000/29/EC, which may be carried out elsewhere than in the
the point of entry into the community or at a place close to it, and
conditions related to these checks. ".
3. In article 1 (1). 1 (b). and) the words "in the field of agriculture, forest
green economy and "are deleted.
4. In section 1 (1). 1 (b). (e)), after the word "influence" the words
"harmful organisms".
5. In article 2 (2). 1 (b). and), the word "particularly" is deleted.
6. In article 2 (2). 1 at the end of subparagraph (a)), the comma shall be replaced by "a" and
the following point 11, which including footnote No. 1a is added:
"11. other parts of plants, which may be established in accordance with
Regulation of the European communities "^ 1a),
"1a) article 18 para. 2 Council Directive 2000/29/EC of 8 June 2004. May 2000 on
protective measures against the introduction of organisms harmful to plants
or plant products and against their spread to the community on
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
Community. ".
7. In article 2 (2). 1 (b). in point 1), the words ' for re-export ' shall be
the words "in paper or electronic form".
8. In article 2 (2). 2 (a). (b)), the words "units of plants, plant
products or other objects "are replaced by the word" goods "and the words" is
the "Declaration", if one is required phytosanitary certificate or
one for re-export phytosanitary certificate "shall be replaced by the words" to
covered by a single document required for proceedings before the Office, or
another control, such as a single phytosanitary certificate or other document
or marking of the goods ".
9. Footnote 2 reads as follows:
"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
free trade area (EFTA) and the European economic community, on the
as amended, the renowned under no. 179/1996 Coll. ".
10. In section 2 (2). 2 (a). (c)), the word "unit" is deleted.
11. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following
the letters s) to y), including footnotes # 4a to 4 d are inserted:
"s) input the place where plants, plant products or
other objects the first time entering the customs territory of the European Community:
the case of air transport, the airport, in the case of sea or river transport
the port, in the case of rail transport, railway stations, in the case of
other transport headquarters of the Customs Office in whose territorial jurisdiction is
exceeds the land borders of the European Community towards their
territory,
t) Office of point of entry, the authority in the Member State of the European Union, which
subject to the entry point,
at the Office of destination Office) in the Member State of the European Union in the territorial
the scope of the Customs Office of destination,
in the Customs Office of point of entry) Office of point of entry as defined under
letter s)
w) Customs Office of destination Office of destination in accordance with the regulation of European
Community ^ 4a),
x) customs-approved treatment or use customs-approved treatment or use
referred to in the regulation of the European communities ^ 4b),
s) 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 communities, as
stated in the regulation of the European communities ^ 4 c) and how it corresponds to the Convention
on common transit arrangements between the countries of the European free
Trade (EFTA) and the European Economic Community ^ 4 d).
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 3 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 under no. 179/1996 Coll. ".
12. in section 3, paragraph 3. 1 (b). (b)), after the words "under this Act,"
the words "or biocidal products placed on the market under a special
^ 4e) law and permitted plant protection management (§ 37 para.
3),".
Footnote # 4e:
"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
amended by Act No. 186/2004 Coll. ".
13. in section 4, paragraph 4. 1, point (c)) shall be deleted.
Subparagraph (d)) shall become point (c)).
14. in article 6 paragraphs 1 and 2 shall be added:
"(1) a natural or legal person who proposes to grow a seed,
propagating or reproductive material subject to control uznávacímu
under special legislation ^ 6) ^ 7) may before the establishment of
the relevant crop to plant management to perform request
a survey of the occurrence of harmful organisms whose presence is an obstacle
the recognition of these plants. The survey is carried out in the place designated for the production of
This material, as appropriate, in the immediate vicinity of the place.
Types of plants, which is the ability to conduct a survey of concerns, and more
details provided by the implementing legislation.
(2) if the phytosanitary administration in the stand or on propagating
or reproductive material which is subject to control by uznávacímu
special legislation ^ 6) ^ 7), the occurrence of harmful organisms,
whose presence is an obstacle to the recognition of such plants, shall inform the
in writing of the Central Institute for supervising and testing in agriculture and in the case of
the Ministry of forest tree species (hereinafter referred to as "the relevant administrative authorities"), which
uznávací control. Also inform the competent administrative authorities of the
Regulation of the emergency phytosanitary measures under section 76 if
cover crops and planting or recognized reproductive
the material. ". Paragraph 3 shall be deleted and paragraph 4 shall be renumbered
as paragraph 3.
15. in paragraph 6, the following new section 6a, which including the title reads as follows:
"§ 6a
Laboratory activities in the field of plant health care
(1) to strengthen and coordinate laboratory activities in the field of professional
phytosanitary activities connected with the exercise of State administration pursuant to section
81 carries out phytosanitary administration scope of national reference
the laboratory for diagnosis and testing, and national reference
laboratories for the preparations and other plant protection products.
(2) the Ministry authorizes in accordance with § 71 para. 1 (b). (b))
or legal persons performance scope of national reference laboratories
for other laboratory in the field of professional activity of plant health
activities referred to in section 81, which does not carry out phytosanitary administration, and
entrusts the performance scope of reference laboratories for laboratory
activities in the field of technical phytosanitary activities under section 81.
Credentials shall, if it finds in the form of phytosanitary administration expert
the audit, that the person concerned meets the technical requirements for the recognition of
national reference laboratory or a reference laboratory and the conditions
the performance of their activities provided for in the implementing regulation.
(3) the national reference laboratories
and the central source) works as standard information under the appropriate
sections of the professional phytosanitary activities
(b)) shall cooperate with similarly focused work of the Member States
The European Union,
(c)) shall coordinate the cooperation reference laboratories in the areas of your
focus,
(d)), together with reference laboratories are the expert base for
ensure the performance of State administration in the areas of their specialization.
(4) the Ministry shall withdraw credentials referred to in paragraph 2, if the national
reference laboratory or laboratory does not comply with the requirements of
or conditions referred to in paragraph 2.
(5) the phytosanitary administration exposes the list of national reference
laboratories and reference laboratories, including targeting their activities in
Journal of the State plant health management (hereinafter referred to as "the Gazette"). ".
16. in section 7 paragraph 2 reads as follows:
"(2) the prohibition in paragraph 1 (b). a) does not apply to cases
laid down in accordance with the procedure laid down in the regulation of the European
^ 1a) community, which relate to the low occurrence of harmful organisms
laid down in the implementing regulation on plants that are not
intended for cultivation, or permitted tolerances for harmful organisms
laid down by an implementing regulation on the plants intended for the
cultivation. Phytosanitary administration shall publish these cases in the Gazette. ".
17. Footnote 8 is deleted including links to note under
line.
18. In article 7 (2). 3, the reference to footnote 8 is replaced by the reference
on footnote No. 1a.
19. in paragraph 7 (2). 5 (b). (b)) after the word "import" the words "and
move "and the words" if they come from certain countries "shall be deleted.
20. In § 8 para. 1 letter d) is added:
"(d) details of the procedure and conditions for) the issue of permits for the handling of
quarantine material and period of validity of the permit, ".
21. in section 10, paragraph 1. 1, the first sentence is replaced by the phrase
"Phytosanitary administration carries out monitoring and on the territory of the Czech Republic
It also carries out exploration
and) harmful organisms referred to in § 7 para. 1 (b). and)
b) harmful organisms which in the territory of the Czech Republic have not yet been
detected, and invasive harmful organisms laid down in the implementing
by law, if they represent for plants or plant
the products grown, produced or stored, or
for the environment, the risk referred to in paragraph 2. '.
22. in section 10, paragraph 1. 3, the words "with the accepted international agreement, which is
Czech Republic tied ^ 9), "are replaced by the words" with the European
Community ^ 9) ".
Footnote 9 is added:
"9) Council decision 2004/608/EC of 19 June 2000. 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
November 1997. ".
23. in section 12 paragraph 4 is added:
"(4) the phytosanitary administration issues within 3 months from the date of receipt of the request
pursuant to paragraph 3 to the applicant proof of registration of the design in the register, which
It is not a decision under the administrative code ^ 11) if it finds that the
the applicant is competent to perform the duties set out in section 13, and with regard to the
the scope of the registration also special conditions under section 15(2). 1
or obligations arising from the emergency phytosanitary measures
ordered according to § 76 para. 2. ".
24. In article 12, paragraph 4, the following paragraph 5 is added:
"(5) if the phytosanitary Administration finds that the applicant is not eligible
to fulfil the obligations and conditions referred to in paragraph 4, it shall initiate proceedings and decide
rejecting the application. ".
Paragraphs 5 to 8 shall be renumbered 6 to 9.
25. in § 14 para. 4, after the words "paragraph 1", the words "in the territory of
The United States ".
26. in article 16 paragraph 1 reads:
"(1) a plant passport shall be issued when it is shown, on a continuing basis
phytosanitary inspection carried out pursuant to article 15, paragraph 2. 2, that
and) are requirements laid down in article 15, paragraph 2. 1, or
(b)) there is no danger resulting from the occurrence of the respective harmful
the organism, or of non-compliance with a specific requirement under § 15 para. 1 on the
the basis of the fulfilment of the measures ordered phytosanitary administration pursuant to section
15 paragraph 1. 6. ".
27. In article 16, paragraph 1, the following paragraph 2 is added:
"(2) exposure of the plant passport shall be its original in the
accordance with the implementing regulation, which lays down the form and
requirements of a plant passport. A plant passport issued
must be protected from misuse for up to its delivery to the applicant. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
28. in section 21 para. 1 letter d) is added:
"(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 of the European communities "^ 1a) by electronic
the form of the certificate, if the certificate is issued and meets the
requirements under section 23, or are accompanied by the original of the other document,
If it is established procedure laid down in the regulation of the European communities "^ 1a),
or are fitted with designation laid down by an implementing regulation and
the technical requirements are met as set out in that provision, and
officially certified copies shall be recognised, if it is established procedure laid down in
Regulation of the European communities, "^ 1a).
29. in paragraph 21 of the at the end of paragraph 1, the word "using" words "
as well as under the customs procedure of free circulation in connection with the termination
outward processing procedure ^ 13) ".
30. the footnote # 13:
"13) article 4, point 4 of Council Regulation (EEC) No 2913/92. '.
31. the footnote No 14 is deleted including links to note under
line.
32. In article 21 paragraph 2 reads as follows:
"(2) the plants, plant products or other objects not listed in
paragraph 1, including the wood in the form of dunnage, spacers, pallets or
the packaging material is used in the carriage of goods of any kind
which are imported from third countries into the United States, can be
subjected to a plant health inspection on plant protection import
the administration under section 22 to determine whether they 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 United
the Republic is detected. If the review initiated pursuant to this paragraph,
may be relevant plants, plant products or other objects
placed under customs procedure of free circulation, for the procedure
contact, processing under customs control, temporary importation, as well as to the
Customs procedure of free circulation in connection with the termination of the passive mode
the procedure ^ 13) only if it is based on the result of this
check the obvious, to fulfil the relevant provisions of this Act.
The launch of this inspection shall be notified without delay to the phytosanitary administration
the importer of the consignment and the competent Customs Office of point of entry, or
the Customs Office of destination. '.
33. In paragraph 21 of the paragraph. 4, the words "its customs hearing" shall be replaced by
"UCR".
34. In section 21 para. 5, the words "customs" shall be deleted.
35. the footnote # 15:
"15) article 166 of Council Regulation (EEC) No 2913/92. '.
36. In article 21, paragraphs 4 to 6, 7 to 9, including the
footnotes # 15a to 15 d are inserted:
"(7) where there is a risk of spreading harmful organisms, they shall be
plant-health checks are also subjected to 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
Of the European communities, destroyed or abandoned to the State by ^ 15b)
or that are designed for placing under a Customs transit procedure "^ 15 c)
or under a customs procedure in the customs warehouse ^ 15 d). For this purpose,
will enable 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). 2, section 27 para. 1 and 2, and the provisions concerning measures
According to § 11 and announced the measures and guarantees laid down in the award
exceptions pursuant to § 71 para. 2 and 3. Also are without prejudice to the specific agreements
agreement between the European communities 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
Of the European communities are recognized as equivalent by a plant
action of the European communities, if it provides for the regulation of the European
Community ^ 1).
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. '.
37. In paragraph 22 of the paragraph. 2 the introductory sentence, the words "section 21 para. 1 and 3 "are replaced by
the words "§ 21 para. 1 to 3 "and after the words" carried out "with the words" in the
accordance with § 24 concurrently with the control elements required for
entry for the customs procedure in accordance with the regulation of European
^ 15e) and the community ".
Footnote # 15e:
"15e) Council Regulation (EEC) No 2913/92. '.
38. In section 22 para. 2 (a). and), after the words "required documents"
the words "or the designation".
39. In paragraph 22 of the paragraph. 2 at the end of subparagraph (c)), the words "and if necessary
apply the provisions of § 11 (1) 2. "
40. in paragraph 22 of the dot at the end of paragraph 2 is replaced by a comma and the following
the letter d), which read as follows:
"(d)) does not contain the plants or plant products pursuant to § 21 para. 1
(a). b).".
41. In paragraph 22 of the dot at the end of paragraph 3 is replaced by a comma and the following
the letters d) to (f)), including footnotes # 17a:
"(d)) has confirmed the implementation of 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 re-export or any other document referred to in section 21 para. 1 (b). (d)) and,
If appropriate, it also records the implementation of this control, control
the identity and plant health checks to proof of
the movement of the consignment or lot, drawn up in accordance with § 25 para. 5,
the manner prescribed by the implementing regulation,
e) stores in accordance with the specific legislation ^ 17a) after their
import the plant health checks of the shipment or lot original or
a copy of a plant on the movement document that consignment or lot,
drawn up in accordance with § 25 para. 5, after the period provided for implementing
by-law,
(f)) performs the import phytosanitary inspection according to § 21 para. 1 to 4
only through employees who meet the condition of professional
qualification pursuant to § 82 para. 2.
17A) Law No 499/2004 Coll. on Archives and records service and amending
certain acts, as amended by law no 413/2005 Coll. ".
42. In paragraph 22, the following paragraphs 5 and 6, including the footnotes
# 17b and 17 c shall be added:
"(5) an identity check and health check may be carried out
with reduced frequency, if
and on the basis of agreement), concluded in accordance with section 27 para. 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
the lot referred to in the regulation of the European communities ^ 17b), or
(c)) the plants, plant products or other objects in the consignment or in
hand come from a third country for which was in the General
International phytosanitary agreements based on the principle
reciprocity between the European communities and third countries are laid down
the reduced frequency of checks on identity and health checks,
If there are serious reasons for considering that the technical requirements laid down
Regulation of the European Communities ' ^ 1 ') and this Act (sections 21 to 25)
are not met.
(6) the plant health checks referred to in paragraphs 1 to 5 shall also
take place with 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 established procedure laid down in regulation
Of the European communities ^ 1a) and under the assumption that you meet the
the specific conditions laid down in this regulation.
17B) Commission Regulation (EC) no 1756/2004 of 11 March 2004. October 1994 establishing
shall lay down detailed conditions and criteria for the required documentation for
the manner and degree of restriction for plant-health checks of certain plants,
plant products or other objects listed in part B of annex V
Council Directive 2000/29/EC.
17 c) article 15 paragraph 1. 2, second subparagraph, of Council Directive 2000/29/EC ".
43. In paragraph 23 of the paragraph. 1, the second sentence is replaced by the phrase
"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 backward
exports, in accordance with the legislation of that third country, adopted in
accordance with the European communities ^ 9), regardless of whether it is
the country is a Contracting Party to the International Convention for the protection of plants from
1997. ".
44. In article 23, the following paragraph 3 is added:
"(3) the implementing legislation provides for confirmation of compliance with
specific requirements pursuant to § 21 para. 1 (b). (c)) and § 21 para. 3 (b).
(c)) in plant certificate or phytosanitary certificate for
Re-export. ".
45. In section 24 paragraph 2 reads as follows:
"(2) the importer of the consignment or lot which is subject to import
plant health inspection according to § 21 para. 1 or 3, or other
person in charge of the importer, are required to plant health management in place
established as a place of execution of the plant health checks referred to in the import
§ 25
and in writing) to notify the expected date of the import of such lot or shipment,
as soon as it becomes aware
(b)) no later than at the start of the import inspection in writing
announce details relating to the batch or consignment,
on at least one of the documents required for the placing under a customs
the regime referred to in § 21 para. 1 and the data on the documents that accompany the
consignment or lot to the place of enforcement, and
(c)) to update the information notified in accordance with point (b)) within one month from the
the date on which the change occurred.
The information referred to in point (a)) is required to notify the Office of
the competent according to the place of execution of the import inspection.
A model notification referred to in subparagraph (a)) and the requirements of the notification referred to in subparagraph (b))
down implementing legislation. ".
46. section 25 including title and footnotes # 18:
"§ 25
The import of plant health checks
(1) inspection of documents, the review pursuant to § 21 para. 4 and § 22 para. 2 (a).
(d)) shall be carried out at the 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-Ruzyne Airport, the airport Brno-Tuřany, Ostrava-Mosnov Airport and vyclívací
Post Office Prague 1; additional points of entry may be laid down in the implementing
legal regulation. An up-to-date list of points of entry to the territory of the United
be sent to the phytosanitary administration of the Republic 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 para. 1, and either entry points according to the
paragraph 1, or to any other place situated near
the point of entry and designated or approved by the Customs authorities and
plant protection service, that is, other than the place of destination within the meaning of
paragraph 3 (b). (b)).
(3) if the Office of point of entry shall decide in agreement with the Office space
destination of the consignment or lot, which is on the territory of the United
phytosanitary administration of the Republic, the identity check and check
the State of health cannot be in the position referred to in paragraph 2 is carried out at the
extent provided in § 22 para. 1, so that was filled with target control
According to section 22 para. 2, these checks may wholly or partially do Office
destination, without prejudice to the provisions of paragraphs 4 and 5,
and in the case of transit of goods) that does not come from the European communities,
in the place of destination of the goods, either in the premises of the Office of destination,
or any other place situated near space
of this Office and to perform this check, approved by the customs
the Office of destination, that is, other than the place of destination referred to in subparagraph (b)),
(b)) in the case of goods other than goods referred to in point (a)) in the place of destination
for this item, including the place of its end use, approved for the purpose of
the implementation of this control to the competent Customs Office of destination and the place of
destination.
(4) If no agreement is reached between the Office of point of entry and office space
determination of the place of performing 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.
(5) an identity check and check the health status of the consignment
or lot may be carried out at the place referred to in paragraph 3 and in the territory of
The United States approved by the procedure laid down in accordance with § 25a (
"the approved place"), only if 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 para. 1 (b). (d)),
plant health movement document, issued by the Office of point of entry
and under the supervision of that Office confirmed importer.
(6) the operator of point of entry and places referred to in paragraph 2 shall be provided for
consideration the phytosanitary administration of the appropriate accommodation to meet the
the minimum requirements for the performance of the import inspection. If
the operator of this site of the State provides these
areas plant health management free of charge.
(7) the implementing legislation provides for
and other points of entry), referred to in paragraph 1,
(b)) the requirements referred to in paragraph 5,
(c)) the details of a plant on the movement document and method of shipment
his confirmation by the importer under paragraph 5,
(d)) the minimum requirements on technical and professional facilities and equipment
the point of entry, the place referred to in paragraph 2 and the approved site for
the implementation of the import inspection according to § 21 para. 1 to 4.
18) the International Convention on the harmonization of frontier controls of goods of 21 October 2003.
October 1982, the renowned under no 55/1992 Coll. ".
47. under section 25, the following new section 25a and 25b, which including the following titles:
"§ 25a
Procedure for approval of places 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 inspection according to § 21 para. 1 or 3, intends to present
this shipment or lot to an identity check and control of health
State in another place than stipulated in § 25 para. 1 and 2, shall ask the
where appropriate, the importer, owner or user of this site, in agreement with the
the importer, the phytosanitary administration of the approval of 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 communities. Requisites by the phrase
the first lays down detailed legislation.
(2) the phytosanitary administration verifies the information contained in the application,
verifies that the proposed place referred to in paragraph 1 meets the minimum requirements
the technical and professional facilities and equipment pursuant to § 25 para. 7 (b). (d))
and whether you can at this point to meet the conditions of storage of the consignment or lot
According to § 25 para. 5, and shall give
and approval of the proposed decision) a place for carrying out the checks
the identity and health checks of the consignment or lot or
(b)) the decision rejecting the application, if it is satisfied that the proposed place
According to subparagraph (a)) does not meet the minimum requirements for technical and professional
equipment and facilities according to § 25 para. 7 (b). (d)) or not in this
place to meet the conditions of storage of the consignment or lot according to § 25 para.
5.
(3) the phytosanitary administration
and territorially) informs the competent Customs offices of destination of decisions
issued pursuant to paragraph 2 (a). and)
b) keep an up-to-date list approved pursuant to paragraph 2 (a). and)
and according to § 25 para. 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 phytosanitary administration cancels or suspends the validity of
the approval of the relevant approved site for the importer,
If this importer particularly grossly or repeatedly breaches
determined in accordance with § 25 para. 5 or breaches in connection with the approved
place the obligation laid down under section 24. Phytosanitary administration
Announcing the violation of these terms to the Commission and the Member States concerned
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. 3 from the point of entry into the territory of the United States shall
phytosanitary administration at the point of entry for this shipment, or
batch plant movement document in accordance with § 25 para. 5.
(2) if it is to be an identity check and health check
the consignment or lot is carried out in an approved place may only be
be conveyed only to the place agreed in advance for this shipment,
where appropriate, the batch. Any change must be approved before
starting identity checks and the relevant health checks
the consignment or lot is approved by the Office of point of entry, which
decided on the original approved site under § 25 para. 3, Office space
determining the appropriate place of the newly requested inspection and the Customs Office
determine the relevant newly requested space control.
(3) the phytosanitary Administration ensures with the use of a plant
on the movement document, drawn up in accordance with § 25 para. 5 in writing or
electronic transmission of data, exchange of relevant information on the consignment,
where applicable, the consignment to be delivered to an approved location in the territory of
The United States, or to another place of destination within the territory of the European
the community, including details of their transport and packaging,
the competent authority of the point of entry, by the Office of destination and the Customs Office
destination, and otherwise with them for this purpose works. ".
48. In § 26 para. 1 a) to (e)):
"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 plant protection
the Administration, the final results are known officially established
laboratory or other tests,
(c) denial of entry of the consignment on) the territory of the European communities,
d) destruction of the manner determined by the plant protection service,
e) relocation to a destination outside the territory of the European Community under the
official control in accordance with the appropriate customs procedure applicable during the
transport within the European communities. '.
49. In paragraph 26, the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (f)), including footnote # 19 is added:
"f) exceptionally, treatment or processing procedures and remedies laid down by
phytosanitary administration, if the treatment or processing will be
the requirements set out in section 21; This is without prejudice to the provisions of
Regulation of the European communities ^ 19).
19) Article 130 et seq. Council Regulation (EEC) No 2913/92. '.
50. in section 26 para. 6, in the first sentence after the words "it shall notify the
phytosanitary administration ", the words" the relevant third country "and za
the words "European Union" shall be inserted after the words "without prejudice to the measures
ordered by referred to in paragraphs 1 and 5, ".
51. In section 26 para. 8 (a). and the words "(a)). (b)), and (d)) "shall be replaced by
"(b). (b)), d) and (e)) "after the words" certificate for re-export '
the words "or other document" and the word "exposed" is deleted.
52. In paragraph 26, the following paragraph 11, which read:
"(11) if the consignment or lot based on the result of the import
plant health checks completed in place approved under section 25a
and entered 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 para. 5, the customs authority of the territorial
the competent point 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 communities of the supervision of the Customs authorities. ".
53. the footnote # 21 is deleted including links to note under
line.
54. In section 27 para. 1 (b). a) and b), the words "direct transit ^ 21)"
shall be replaced by the word "transit".
55. In § 28 para. 1, the third sentence is replaced by the phrase "the applicant shall submit to the
the phytosanitary requirements of the importing, or management provážejícího
of the State to protect against harmful organisms affecting, if not
These requirements are published in accordance with paragraph 7 (b). (b)), and will allow
plant health management make the necessary investigation. ".
56. In § 28 para. 1, fourth sentence deleted.
57. In section 29 para. 5, in the first sentence after the word "inform" and in a sentence
the second word "initiated" the words "in writing, where appropriate,
by electronic means ".
58. In § 30 paragraph 2. 5, the words "§ 16 para. 3 "shall be replaced by the words" § 16 para.
4. "
59. In § 31 para. 2 at the end of the first sentence, after the words "in accordance with § 37 para. 2 "
the words "or of the holder of the authorization referred to in section 44 para. 1. "
60. In § 31 para. 5 letter a) including footnote No. 22a is inserted:
") is not classified, packaged and labelled in accordance with the technical requirements
stipulated by special legislation ^ 22a), where necessary, by the implementing
by law,
22A) Act No. 356/2003 SB., on chemical substances and chemical
preparations and amending certain laws, as amended by Act No. 186/2004
Coll. ".
61. In § 31 para. 5 (b). (b)), the words "pursuant to section 44 and 45 shall be replaced by
"in accordance with § 37 para. 2 and § 44 and 45 ".
62. In § 32 para. 6 at the end of subparagraph (c)), the words "; part of the
such an assessment is not a representation of the Professional Council for preparations according to § 72
paragraph. 5 (b). m) ".
63. In § 33 paragraph 4, including the footnotes # 23a and 23b is inserted:
"(4) the assessment of the medicinal product including its use in terms of the protection of health
ensures that the Ministry of health on the basis of the assessment drawn up by the
The State Health Institute ^ 23a). For the purposes of drawing up reviews
the applicant shall submit to the National Institute of health dossier
on the preparation and the active substance. The applicant shall pay for the assessments
The National Institute of health, a price that is determined by the Special
^ legislation 23b). Based on the evaluation of the State health
the Institute issues a toxicological assessment of the Ministry of health
(hereinafter referred to as "the toxicological assessment").
23A) Act No. 258/2000 Coll., on the protection of public health and amending
some related laws, as amended.
23B) Act No. 526/1990 Coll., on prices, as amended. ".
64. In § 33 para. 6, the second sentence shall be deleted.
65. In § 34 paragraph 1. 6, the words "5 years" shall be replaced by the words "10 years".
66. In § 35 para. 4 at the end of subparagraph (a)) the following words "or if it is
necessary due to the specific requirements of the active substance provided for
by Commission directive to include the active substance added to the list of active
substances ".
67. In § 35 para. 5, the word "may" be deleted and the words "lay down"
replaced by the word "down".
68. In § 36 odst. 3, the words "until the effective date of the decision
The Commission on the inclusion or non-inclusion of the active substance to the list of active
substances "are replaced by the words" for a period fixed by the competent decision
The Commission ".
69. In article 37, paragraph 1, the following new paragraphs 2 and 4 shall be added:
"(2) the phytosanitary administration enables the extension of the use of the registered
of the product for another purpose (hereinafter referred to as "other purpose") if
and) this use is authorised in the Member State of the European Union, whose
conditions for agriculture, forestry, plant protection practice and
environmental, including climatic conditions, relevant to this
use, they are comparable with the Czech Republic,
(b) the petitioner)
1. a copy of the decision on the authorisation to place on the market and used for the
Another purpose in the Member State of the European Union,
2. evidence of the publication of a maximum residue limit in the Member State
The European Union, if it is due to the use of the product for any purpose other
necessary; This maximum residue limit may be recognised in the Czech Republic,
If for use of the product for the intended purpose is not pronounced and the amount
It is in accordance with the applicable legislation of the European communities.
Phytosanitary Administration may determine special conditions for deciding on
to enable the use of the product for any other purpose, if the conditions
in the Czech Republic is necessary. Details provided by implementing legislation
prescription.
(4) the phytosanitary administration permits the use of the biocidal product,
If
and) was placed on the market under a special legal regulation ^ 4e),
(b)) purpose of use for which it was placed on the market conforms to the purpose of use
against harmful organisms,
(c)) there is no risk of unwanted effect on the properties of plants and
plant products and
(d)) the use of the biocidal product is in terms of the needs for protection against
harmful organisms is justified. ".
The former paragraph 2 becomes paragraph 3.
70. in § 38 paragraph 1(a). 3 third sentence, after the word "Commission" is replaced by a semicolon
dot and the rest of the sentence is deleted.
71. In paragraph 2 of section 40. 5 (b). (b)), the reference to footnote # 27
replaces the reference to the footnote No 22a.
Footnote 27, including links to footnotes
repealed.
72. In paragraph 41, the following paragraph 5 is added:
"(5) the inclusion of the active substance to the list of active substances [§ 2 (2). 2 (a).
m)] or its non-inclusion or exclusion from this list, announce the
phytosanitary administration in the Gazette. ".
73. In § 42 para. 1 letter f) is added:
"f) batch number marked clearly and in a meaningful way".
74. In § 42 para. 1 the letter r) reads as follows:
"r) expiration date marked clearly and
in a meaningful way, corresponding to the period of application provided for in
the marketing authorisation of the medicinal product, ";
75. In paragraph 42, the dot at the end of paragraph 2 is replaced by a semicolon and the following
the words "If these are on the label, it must be
attached to the consumer, the Group and transport packaging, so that the
could not be deleted. ".
76. In paragraph 42, the dot at the end of paragraph 4 is replaced by a comma and the following
the words "and if its use poses a risk to them.".
77. In paragraph 42, paragraph 5, including the footnotes # 28a, 28b and 28 c is inserted:
"(5) the phytosanitary administration of the marketing authorisation pursuant to § 33
a) may permit, where the space is not sufficient to
the consumer packaging ^ 28a), the information required in paragraph 1 (b). l) to
about) were listed on a separate leaflet included with the packaging;
a leaflet is considered part of the designation of the preparation,
(b)) provides for the designation of categories of users of the product method in accordance with §
34 para. 4,
(c)) provides information, which must be indicated by the Group cover ^ 28b) containing
preparation in the consumer packaging ^ 28a) and shipping container ^ 28 c)
containing the product in packaging or in consumer
the packaging ^ 28a),
(d)) shall determine the method of data indicating the location of the product on the label,
the information under special legislation ^ 22a) were distinguished from
of the other.
28A) § 2 (b). and) point 1 of Act No. 477/2001 SB., on packaging and amending
Some laws (law on packages), as amended by law No 94/2004 Sb.
28B) § 2 (b). and) point 2 of Act No. 477/2001 SB., as amended by Act No.
94/2004 Sb.
28 c) § 2 (b). and) point 3 of Act No. 477/2001 SB., as amended by Act No.
94/2004 Coll. ".
78. In paragraph 43, at the end of paragraph 2 the following sentence "Similarly in the
If the findings expired shelf-life of the product. ".
79. In § 43 para. 3, after the words "in the Czech Republic", the words "and
certified standards of active substances contained in preparations in
the amount strictly necessary for the implementation of the control of the analyses ".
80. in § 44 para. 2 the first sentence, after the words "referred to in paragraph 1 ' shall be
the words ", where appropriate, for this purpose, bring the product to a non-registered
The United States, or on the territory of the Czech Republic to produce ".
81. In paragraph 45, paragraph 2 reads as follows:
"(2) the test to determine the effectiveness of the products in the territory of the United
the Republic shall carry out phytosanitary administration or natural or legal
the person that phytosanitary Administration on the basis of its application has released
a certificate of competency to perform these tests (hereinafter referred to as "officially
a recognized person ")". ".
82. In paragraph 46 (a). and at the end of point) 2, the words "and their
not on the market, if analysis of the corresponding sample was not
demonstrated that the chemical and physical properties of these products meet
the conditions laid down in the decision on the registration ".
83. In paragraph 46 (a). and), the following point 5 is added:
"5. the storage of such products only, which are packed and marked in
accordance with section 42, if the storage of medicinal products intended for placing on the market
or to use, ".
84. In paragraph 47 of the second sentence, after the words "can be" shall be replaced by "placing on the market
and ".
85. In paragraph 47, in the second sentence the following new third sentence: "the length of the
extended shelf life provides the holder of the registration and before
placing on the market provide an indication on the packaging of the product. ".
86. In § 49 paragraph 1. 1 the introductory sentence, the words "with the conditions laid down in
of the marketing authorisation and those which are marked "shall be replaced by
"with the data, which are marked in accordance with the relevant decision of their
registration ".
87. In § 49 paragraph 1. 1 (b). (c)), the words "the damaged plants on land"
replaced by the words "affected plants".
88. In § 49 paragraph 1. 3 the second sentence reads: "phytosanitary administration is required to
to ensure the protection of the data against misuse by third
persons. ".
89. In § 50 para. 2, the second sentence shall be deleted.
90. in § 51 para. 1 the term "law ^ 38)" is replaced by "rule
prescription ^ 4e) ".
Footnote No. 38 is hereby repealed.
91. In paragraph 52):
") of the active substance, whose placing on the market for use in the protection of
the plant is prohibited, even if they are applied to seeds
or growing medium in their imports, ".
92. In paragraph 53, at the end of paragraph 9 the following sentence "this period running from
the date when the authority of the State responsible for deciding on the registration of
of the product, where to be parallel imported medicinal product, asked for information
This product, and that pending receipt of this information. ".
93. In § 53 para. 10, after the words "provisions of", the words "§
33 para. 2.0 "and after the words" § 46 to 51 shall be inserted after the words "and 60".
94. In § 54 para. 1 at the end of the first sentence, the words "that are used to
protection of plants (hereinafter referred to as "bio-agent") ".
95. In § 54 para. 3 the words "and" shall be deleted.
96. In § 54 para. 5, the word "Decides" is replaced by "shall issue to the applicant
the document "and the words" from the opening of proceedings "shall be replaced by the words" after the date of
receipt of the request referred to in paragraph 2 ".
97. In § 54 paragraph 15 reads as follows:
(15) in the registration procedure of the next resource into the official registry
It shall apply the provisions of § 33 para. 2 accordingly. ".
98. In § 60 para. 2, after the words "lot number", the words "and the date
the end of the period of application of "and the following sentence is added at the end of" this
the provisions shall not apply to seller at retail outlets. ".
99. In paragraph 68, paragraph 2 reads as follows:
"(2) the equipment referred to in paragraph 1, including technical requirements
to them, lays down implementing legislation; This device must be
eligible to control harmful organisms by the routing
who approves the phytosanitary administration. Compliance with this procedure
checks the phytosanitary administration or other person in charge of this
activities by the Department pursuant to § 71 para. 1 (b). b).".
100. In paragraph 69, the following paragraph 5 is added:
"(5) the phytosanitary administration shall immediately decide on the cancellation of the recognition of the
competence referred to in paragraph 1, if it finds that the operator
technical equipment violated the obligations referred to in paragraph 4. ".
101. In § 71 para. 1, point (e)) repealed.
Subparagraph (f)) to (j)) are known as the letters e) to (i)).
102. In § 71 para. 2 (a). (c)), the words "to ensure adequate guarantees"
replaced by the words "the obligations pursuant to § 21 para. 1 (b). (d))
spare documents or the designation ".
103. In paragraph 72, the dot at the end of paragraph 5 is replaced by a comma and the following
the letter l) and m) are added:
"l) carries out the scope of the national reference laboratories in accordance with § 6a
paragraph. 1,
m) establishes a Council for preparations as an expert advisory body, that is
on the issues related with the registration of products containing
an active substance, which is not included in any of the products authorised
in the Czech Republic, and the related with the cancellation of the registration. ".
104. In § 72 para. 10 at the end of paragraph (e)), the words "; This is
It does not apply to plants, plant products or other objects provided for
an implementing regulation ".
105. In paragraph 72, the dot at the end of paragraph 10 is replaced by a comma and the following
(f)), which read as follows:
"(f)) name of the Office executing phytosanitary care on the territory of the United
Republic. ".
106. In paragraph 72, the following paragraph 11, which including the footnotes No.
52A and 52b:
"(11) the phytosanitary administration carries out control and supervisory
activities under a special legal regulation ^ 52a) in accordance with the rules of
Of the European communities to the extent provided under special laws
regulations ^ 52b). ".
52A) section 12a of the law No. 258/2000 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 117/1995 Coll., on wine-growing and
Winery and amending certain related laws and regulations, as amended by
amended, Act No. 634/1992 Coll. on consumer protection, in
as amended, Act No. 303/1993 Coll., on the abolition of the State
the tobacco monopoly and the measures related to it, as
amended, Act No. 97/1996 Coll., on the protection of hops, as amended by
amended, law No 60/1997 Coll., on alcohol, as amended
legislation, Act No. 308/2000 Coll., on agricultural rock formations;
agricultural public warehouses and amending and supplementing certain
related laws, and Act No. 102/2001 Coll., on general security
products and amending some laws (law on general security
products). ".
107. In § 73 para. 3, after the words "in their districts offences ' shall be
the words "or other administrative offences" and at the end of the sentence, the dot is replaced by
a comma and the words "and shall store the deficiencies
with the time limit. "
108. In section 74 para. 8, after the words "of the Member State of the European
the Union ", the words" and the Commission "and at the end of paragraph 8, the following sentence
"This is without prejudice to the provisions of § 10 para. 5. ".
109. In § 78 para. 1 (b)):
"(b) violates any of the provisions on experimental) to use other resources
pursuant to § 54 para. 12. "
110. In § 78 para. 2 the dot at the end of subparagraph (f)) is replaced by a comma and
the following points (g) and (h))) are added:
"(g)) it's a quarantine on importation or transfer of material in accordance with § 8
paragraph. 1 permission that does not correspond to the provisions of § 8 para. 2 or 3,
h) apply when you import or export of plants, plant products or
other subjects of the phytosanitary certificate or plant health
certificate for re-export, which does not correspond to the provisions of § 23 para. 1 or §
28 para. 1. ".
111. In § 78 para. 3 (b). (c)) at the end of point 5 the following the word "or", and
the following point (d)), which read as follows:
"(d) fails to comply with the obligation to) concerning the import and use of the parallel of
According to § 53, ".
112. In § 78 para. 5 (b). (b)), point 3, point 4 is deleted is referred to as
section 3 and the following paragraphs 4 to 6 shall be added:
"4. the notification and documentation obligations under section 60,
5. parallel imports of the product under § 53 para. 2 and 4,
6. the use of technical equipment in accordance with § 69 para. 1 and 4. ".
113. In § 78 para. 6 the letter o) and (p)), which read as follows:
") uses the quarantine on importation or transfer of material in accordance with § 8
paragraph. 1 permission that does not correspond to the provisions of § 8 para. 2 or 3,
p) uses when you import or export of plants, plant products or
other subjects of the phytosanitary certificate or plant health
certificate for re-export, which does not correspond to the provisions of § 23 para. 1 or §
28 para. 1. "
114. In § 78 para. 7, the following subparagraph (d)), which read as follows:
"(d) fails to comply with the obligation to) concerning the import and use of the parallel of
According to § 53, ".
115. In § 78 para. 8 (a). (b)), the words "paragraph. 1 (b). and), b) or (e)) "
replaced by the words "paragraph. 1 (b). a), (d) or (f))) ".
116. In § 78 para. 14, after the word "responsibilities", the words "selects
and ".
117. In § 78 para. 15, the words "and selected under this Act"
shall be deleted.
118. In § 79 paragraph 2. 1 (b). a), the words "§ 5 para. 1 "shall be replaced by the words" §
5 (3). 2. "
119. In § 79 paragraph 2. 1 (b). (c)), after the word "import" the word "and" shall be replaced
the comma after the word "movement" with the words "and holding" and
the words "and other articles" with the words "and other manipulations with them".
120. In § 79 paragraph 2. 1, point (e)) shall be deleted and points (f) to (n)))
referred to as the letters e) to m).
121. In paragraph 79, the following paragraph 4 is added:
"(4) from the reimbursement of costs shall be exempt
and State authorities)
b) regional self-governing units, if required perform the tasks related
with the performance of State administration,
(c)) legal persons, require the implementation of actions related to performance
the State administration, which are mandated to. ".
122. In § 86 para. 1 at the end of the first sentence, the words "or must
have this competence of the entrepreneur himself "and at the end of the second sentence, the
the words "and storage of products, distributors, if they at the same time
do not give advice, which affects the use of ".
123. In § 85 para. 2, after the word "preparations" the words ",
biocidal products ".
124. In § 86 para. 2 (c)):
"(c)) pest organisms in food or agricultural
objects with the use of plant protection products or biocides
products is technically competent person referred to in subparagraph (b)), which has won
certificate of professional competence for the performance of special protective
disinfection, disinsection, and disinfestation in the agricultural and food
objects according to a special law ^ 66). ".
125. In § 86 para. 4, the words "§ 5 para. 2 "shall be replaced by the words" § 5 para.
1. "
126. the footnote # 67 is repealed, including references to note under
line.
127. In § 86 para. 4 and § 86 para. 5 (b). and), the word "health" is replaced by
the word "health" ^ 23a) ".
128. In paragraph 86, the following paragraph 7 is added:
"(7) paragraphs 1 to 6 shall apply mutatis mutandis to biocidal products.".
129. In § 88 para. 1 (b). (b)), the words "§ 7 para. 1, 5 and 7 ' shall be replaced by
the words "§ 7 para. 1, 2, 5 to 7 ", the words" § 12 para. 2 and 7 ' shall be replaced by
the words "§ 12 para. 2 and 8 ", the words" § 22 para. 4 "shall be replaced by ' section 22
paragraph. 3 and 4 ", the words" § 24 para. 1 "shall be replaced by the words" § 24 para. 1 and
2 "and the words" § 25 para. 1 and 3 "shall be replaced by the words" § 25 para. 7, § 25a
paragraph. 1. "
130. In § 88 para. 3 the words "§ 37 para. 1 "shall be replaced by the words" § 37 para.
1 and 2 ".
131. In paragraph 88, the following paragraph 6 is added:
"(6) the Ministry shall issue a decree, which lays down the technical requirements for
recognition of the national reference laboratories and reference laboratories and
conditions for the exercise of their activities to implement section 6a of paragraph 1. 2. ".
PART TWO
Amendment to the Trade Licensing Act
Article II
Act No. 455/1991 Coll., on trades (Trade Act),
as amended by Act No. 234/1992 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., Act No. 133/1994 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. 277/1997 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. 359/1999 Coll., Act No. 359/1999 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. 121/2000 Coll., Act No.
123/2000 Coll., Act No. 128/2000 Coll., Act No. 149/2000 Coll., Act No.
158/2000 Coll., Act No. 247/2000 Coll., Act No. 247/2000 Coll., Act No.
258/2000 Coll., Act No. 308/2000 Coll., Act No. 367/2000 Coll., Act No.
409/2000 Coll., Act No. 458/2000 Coll., Act No. 61/2001 Coll., Act No.
100/2001, Act No 120/2001 Coll., Act No. 164/2001 Coll., Act No.
256/2001 Coll., Act No. 273/2001 Coll., Act No. 477/2001 Coll., Act No.
477/2001 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.
309/2002 Coll., Act No. 320/2002 Coll., Act No. 480/2002 Coll., Act No.
88/2003 Coll., Act No. 130/2003 Coll., Act No. 161/2003 Coll., Act No.
224/2003 Coll., Act No. 228/2003 Coll., Act No. 274/2003 Coll., Act No.
356/2003 Coll., Act No. 441/2003 Coll., Act No. 38/2004 Coll., Act No.
119/2004 Coll., Act No. 167/2004 Coll., Act No. 256/2004 Coll., Act No.
326/2004 Coll., Act No. 499/2004 Coll., Act No. 633/2004 Coll., Act No.
695/2004 Coll., Act No. 58/2005 Coll., Act No. 95/2005 Coll., Act No.
127/2005 Coll., Act No. 216/2005 Coll., Act No. 251/2005 Coll. and act
No 358/2005 is amended as follows:
1. in annex 2, in the Group-bound 214: other, in the field of
Care of the plants, plant products, objects and soil against
harmful organisms of plant protection products in the name of the scope
the words "or biocidal products" and at the end of the provision on the
professional competence shall be supplemented with the words "; for pest
organisms in food plants or agricultural operations also
the competence according to § 58 para. 2 and 3 of Act No. 258/2000 Coll., on the
as amended, or for a period of 5 years from the effectiveness of the law No.
258/2000 Coll., the competence under section 18 to 20 of the Act No. 157/1998
Coll., as amended, or for a period of 3 years from 1. January 2002
the competence acquired in accordance with § 58 para. 5 (b). a) or b) of the Act
No 258/2000 Coll., as amended up to 1. January 2002. ".
2. in annex 2, in the Group-bound 214: other, in the field of
Special protective disinfection, disinsection, and disinfestation without using
toxic or highly toxic chemical substances and chemical preparations
with the exception of special protective disinfection performed by medical
device on his premises, special protective disinfection, disinsection, and
deratization in food and agricultural operations, and professional
activities in the field of plant health care, a comma after the word "objects"
replaced by the word "and" and the words "and professional activities in the field of
plant health care "shall be deleted.
3. in annex 2, in the Group-bound 214: other, in the field of
Special protective disinfection, disinsection, and disinfestation in
food or agricultural operations including the protection against
harmful organisms of plants, the words "including the protection against harmful
organisms of plants "are deleted.
4. in annex 2, in the Group-bound 214: other, in the field of
Special protective disinfection, disinsection, and disinfestation toxic or
highly toxic chemicals or chemical products, with
the exception of the special protective disinsection, and disinfestation in food
or agricultural operations, and professional activities in the field of
plant health care, the words "and professional activities in the field of
plant health care "are deleted.
Article. (III)
Transitional provisions
1. License, which lasts to the effective date of this
of the Act, shall remain in effect, unless stipulated otherwise.
2. the Trade Office will issue the natural or legal person who at the date of
entry into force of this Act takes the trade licence for the profession "
"Care of the plants, plant products, objects and soil against
harmful organisms of plant protection products ', for the profession "
"Special protective disinfection, disinsection, and disinfestation toxic or
highly toxic chemicals, or chemical products with a
the exception of the special protective disinsection, and disinfestation in food
or agricultural operations, and professional activities in the field of
plant health care "or" special protective disinfection,
disinsection, and disinfestation without using toxic or highly toxic
chemicals and chemical products with the exception of special protective
disinfection, disinsection, and disinfestation in food agricultural
plants and professional activities in the field of plant health care ",
business license under the Trade Act, in the version in force at the date of
entry into force of this Act, upon its request or at the latest on
the basis of changes notified by the natural or legal person in accordance with § 49
the Trade Act.
3. natural or legal person who at the date of entry into force of this
the law takes the trade licence for business "special protective
disinfection, disinsection, and disinfestation in food or agricultural
operations, including protection against harmful organisms of plants ", issue
Trade Office at the request of the licence trade licence with
specifying the subject business "care of the plants, plant products,
objects and land against harmful organisms, plant protection products
or biocidal products "and" special protective disinfection, disinsection
and disinfestation in food or agricultural operations ", on the
its request, not later than 6 months from the date of entry into force of this
the law.
4. the issue of trade license or change trade license by
points 1 to 3 are not subject to an administrative fee.
5. The unfinished proceedings issue of a trade licence
shall be completed by the Trade Act, in the version in force at the date of acquisition
the effectiveness of this Act.
PART THREE
Amendment of the Act No. 229/1991 regulating ownership of land and
other agricultural property
Article IV
Act No. 229/1991 regulating ownership of land and other
agricultural property as amended by law No 42/1992 Coll., Act No. 93/1992
Coll., Act No. 40/1993 Coll., Act No. 182/1993 Coll., constitutional
the Court declared under no. 131/1994 Coll., Constitutional Court
the declared under no. 166/1995 Coll., Constitutional Court declared under
No 29/1996 Coll., Act No. 30/1996 Coll., Act No. 139/2002 Coll., Act
No. 320/2002 Coll., Act No. 253/2003 Coll., Act No. 354/2004 Coll. and
Act No. 272/2005 is amended as follows:
1. in article 11, paragraph 2, including footnote No. 10a is inserted:
"(2) in the cases referred to in paragraph 1 may be a person entitled to
its request, converted forest land a reasonable acreage and quality, all in a
prices on the date of 24. June 1991 and under the conditions laid down in the specific
law ^ 10a).
10A) § 2 (2). 10 Act No 569/1991 Coll., on the plot of the Czech
Republic, as amended. ".
2. In article 11 (1) 3 in the last sentence, the words "paragraph 2" shall be replaced by
"§ 11a".
3. under section 11 is added to § 11a, which including the title and notes
line # 13b-13d:
"§ 11a
The procedure for the transfer of other agricultural land
(1) an authorized person referred to in paragraph 4, which under this Act cannot be
issue of land seized from the manner specified in § 6 (1). 1 and 2, it translates
Land Fund other land on the basis of public tenders, unless
unless otherwise provided for. Persons to whom the right of beneficiaries to the gratuitous
the transfer of other land passed by inheritance, for the purposes of this Act,
considered a competent person.
(2) a public offer shall draw up the Land Fund of the land
located in the built-up area of the village at the same time ^ 13b) or zastavitelném ^ 13b)
the territory thus defined binding parts of the approved planning
documentation, which was not claimed by third parties on the transfer
under special legislation ^ 13 c). Lands that are
at the same time outside the built-up areas of the commune or municipality stoppable as follows
the defined binding parts of the territorial planning documentation, will be to the public
the menu included, have been vainly offered for sale pursuant to section 7 of the Act
No 95/1999 Coll., as amended. The remaining land will be
offered to transfer the business public competition, under a special
^ According to the law).
(3) in a public offering shall be
and binding data on the land) by the land registry,
(b) the price of the land),
(c)) the period within which an authorized person may apply in writing about the land,
(d) the address of the branch) of the Land Fund, intended to take over the
request.
(4) an inventory of land offered for the conversion in the territorial jurisdiction of the village display
the village at the request of the Land Fund on the notice board of the local authority. The first
day of posting is date of publication of the offer.
(5) a person who applies for a transfer of land must apply to the Land Fund of the
the transfer in writing within one month from the date of the announcement of the sale.
(6) following the publication of the land can be downloaded from the menu only
If the transfer of the land was in violation of the law or if the
It was also claimed the right to the transfer in accordance with specific legal
regulations ^ 13 c). Download from the menu exposes the village at the request of the land
the Fund also by posting on the notice board of the local authority.
(7) an application for a plot of land must contain an unmistakable offered details about the
the right to transfer all or part of the land marked
satisfied, it must be delivered to the specified address in a timely manner, and must have a written
form. Otherwise, it is invalid. Invalid request for land is, if
the total claim put forward in it is lower than the sum of the prices of attractive plots of land.
(8) a competent person who requests the offered land, closes
without delay to the Treaty on the Land Fund in respect of the transfer. The contract can be
closed only to the satisfaction of the claim put forward in the application.
(9) the request offered by the land more beneficiaries, invite them
Land Fund, to provide for the land claim is more than the price of the land
determined in accordance with paragraph 13. According to the above quotations down Land Fund
the order by which it will gradually propose the beneficiaries
conclusion of the contract. The deadline for the adoption of a proposal shall be 14 days and after its
expiry has the right to contract the beneficiary on the next
place in the order.
(10) the application of the offered by the land referred to in paragraph 7 may, on the basis of
offer to the public to submit (i) natural or legal persons, that have been
the right to the free transfer of land is transferred or otherwise transferred
than by inheritance (the "legal successor"). A plot of land of public offerings,
that has not been transferred to beneficiaries, it converts the Land Fund
free of charge to the ownership of a legal successor, which for him on the basis of
offer to the public. Asked about the land more successors in title,
Land Fund shall proceed mutatis mutandis pursuant to paragraph 9.
(11) if the beneficiary Is the owner or co-owner of the building,
that is real estate, outside the public offer can be converted into
ownership of the land on which the building is located, as well as land,
If with this construction of functionally related. Under the same conditions can be outside the
public offer to convert the land and to a legal successor.
(12) the Treaty in respect of the transfer of the land cannot be closed if it was
claimed on its transfer under special legislation ^ 13 c).
(13) the price of the land referred to in the offer to the public shall be determined by Decree
No. 182/1988 Coll., on prices of buildings, land, permanent crops, the share
for the establishment of land use rights and the rights of personal compensation for the temporary
the use of the land, as amended by Decree No 316/1990 Coll., with land
specified by the approved planning of construction documentation will be
valued as a building. The provisions of section 6 of Decree No. 85/1976 Coll., on the
more detailed editing of spatial management and building law, as amended by
amended, shall not apply. In the same way will be appreciated even land
transferred outside the public offering referred to in paragraph 11.
(14) the price of permanent vegetation and fencing is mentioned in a public offering or
determined in accordance with paragraph 13 for the transfer of a plot of land outside of the public offer, the
be deducted from the price of the land transferred to the person who proves that it is on the
set up your cargo, if there was no settlement in connection with the
the termination of the lease of the land in accordance with § 24 para. 2. the same is true in the
If the permanent vegetation or fencing set up at their own expense legal
the predecessor of the acquirer.
(15) the Land to public offerings to include only once.
13B) section 139a of the Act No. 50/1976 Coll., on zoning and the building code
(the building Act), as amended.
13 c), for example, section 5 of law No 95/1999 Coll., on conditions for the transfer of
agricultural and forest lands from State ownership to other persons and
Amendment of the Act No. 569/1991 Coll., on the plot of the Czech Republic, in the
as amended, and Act No. 357/1992 Coll., on income tax, inheritance
the gift tax and real estate transfer tax, as amended
regulations.
§ 2 (2). 7 of Act No. 569/1991 Coll., as amended.
Article. (II) Act No. 206/2002 Coll., amending Act No 61/1988 Coll., on
mining activities, explosives and the State Mining Administration, as amended by
amended, as amended by Act No 150/2003 Coll.
section 20 of Act No. 44/1988 Coll., on the protection and utilization of mineral resources
(Act), as amended.
Article. (IV) Act No. 150/2003 Coll., amending Act No 291/2002 Coll., on
the transition of certain other things, rights and obligations of the Czech Republic
regions and municipalities, civil associations working in the field of physical education and sport
and related changes and amending Act No. 157/2000 Coll., on the transition
some of the things, rights and obligations of the assets of the United States, as amended by
Act No. 10/2001 Coll., and Act No. 20/1966 Coll., on the health care of the people,
as amended, and certain other laws.
13D) Law No 95/1999 Coll., as amended. ".
4. in section 12 in the last sentence, after the words "in accordance with § 11 para. 2 "
the words "or under section 11a".
5. § 24 para. 7, after the words "in accordance with § 11 para. 2 "the words" or
under section 11a ".
PART FOUR
cancelled
Article. In
cancelled
PART FIVE
The EFFECTIVENESS of the
Čl.VI
This Act shall take effect on the date of its publication.
Fort Worth Star Telegram in r.
Klaus r.
Paroubek in r.
