245/2011 Sb.



LAW



of 20 December. July 2011,



amending the Act No. 326/2004 Coll., on phytosanitary care and amendments

some related laws, as amended, and other

related laws



Change: 350/2011 Sb.



PART THE FIRST



Amendment of the Act on plant health care



Article. (I)



Act No. 326/2004 Coll., on phytosanitary care and amendments

related laws, as amended by Act No. 626/2004 Coll., Act No.

444/2005 Coll., Act No. 137/2006 Coll., Act No. 189/2008 Coll., Act No.

249/2008 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.

291/2009 Coll., Act No. 490/2009 Coll. and Act No. 102/2010 Coll., shall be amended

as follows:



1. In article 1 (1). 1 introductory provisions read as follows:



"This law incorporates the relevant provisions of the European Union ^ 1), at the same time

builds on the directly applicable European Union regulation ^ 67) and regulates the rights of

and obligations of natural and legal persons relating to ".



Footnote # 67:



"67) European Parliament and Council Regulation (EC) No 1107/2009 of 21 October 2003.

October 2009 concerning the placing of plant protection products on the market and repealing

Council Directives 79/117/EEC and 91/414/EEC. '.



2. in footnote 1, the phrase "Council Directive 91/414/EEC of 15.

July 1991 concerning the placing of plant protection products on the market. "the sentence

"Council Directive 97/57/EC of 22. September 1997 establishing annex VI to Directive

91/414/EEC concerning the placing of plant protection products on the market. "and

"Council Directive 79/117/EEC of 21. December 1978 prohibiting the placing on the market and

the use of plant protection products containing certain active

substances. "shall be replaced by ' Council directive 2009/142/EC of 26 July 2000. November

2009 amending Directive 2000/29/EC, with regard to the mandate for the performance of

the tasks of laboratory testing. "



3. In article 2 (2). 1 (b). and paragraph 11, section) 2 (2). 1 (b). n) the introductory part of

the provisions of points 1 and 3, § 2, paragraph 1. 1 (b). r) points 1 and 2 and

the final part of the provision of section 2 (2). 2 (a). and), e), s) and w) to s) §

3 (2). 2, § 7 (2). 1 (b). and, § 7 (1)). 2, § 7 (2). 3 of the introductory part

the provisions of § 7 para. 5 (b). a), section 10(4). 3 of the introductory part of the provisions,

§ 11 (1) 2 and 3, article 15, paragraph 2. 1 (b). and), § 21, art. 1 (b). (d)), section 21

paragraph. 7 and 9, § 22 para. 2, § 22 para. 5 (b). (b)) and the final part

the provisions of § 22 para. 6, § 23 para. 1 (b). (b)), § 23 para. 2 (a). (b)),

Section 25a paragraph 1. 1, § 25b para. 3, § 26 para. 1 (b). (c)), e) and (f)), section 26

paragraph. 11 (a). (b)), section 27 para. 1 introductory provisions of section a (c). a) and

(b)), section 27 para. 3, § 29 para. 1 and 6, § 54 para. 9, § 63 para. 9, § 71

paragraph. 1 (b). g) to (i)), § 71 para. 3 (b). and), § 72 para. 2, § 72 para.

5 (b). (j)), § 72 para. 6, 12 and 14, section 74 para. 1 (b). k), section 75 para. 7,

§ 76 para. 6 (a). section 76a), para. 1 and 2, § 80 para. 1, § 80 para. 2

(a). (f)), § 80 para. 4 (b). (b)) and § 80 para. 6, the words ' of the European

the Community ' shall be replaced by the words "European Union".



4. In section 1 (1). 1 (b). (c)), the word "registration" shall be replaced by

"terms and conditions".



5. In article 2 (2). 2 (a). (b)), the word "only" is replaced by

"standalone".



6. In article 2 (2). 2 letter g) and (h)):



"(g)), the distributor of the person who places the product on the market,



h) professional user-a person who uses pesticides in the framework of the

their professional activities, both in the field of agriculture and in other

the sectors ".



7. In article 2 (2). 2 points, i) to p) including footnote # 4

shall be deleted.



Letters q) to y) are known as letters i) to q).



8. In article 2 (2). 2 the letter j) repealed.



Letters to) to q) shall become letters (j)) to (p)).



9. in section 2 (2). 2 (a). k) after the word "authority" the words "responsible

for the performance of the plant health care as prescribed by the

The European Union ^ 68).



Footnote # 68:



"68) article 1, paragraph 1. 1 Council Directive 2000/29/EC of 8 June 2004. May 2000 on

protective measures against the introduction into the community of organisms harmful to plants

or plant products and against their spread to the community on

territory of the community. ".



10. In section 2 (2). 2 (a). l) after the word "authority" the words "responsible

for the performance of the plant health care as prescribed by the

The European Union ^ 68) ".



11. In paragraph 2, the following paragraph 3, including footnote No. 69

added:



"(3) basic concepts referred to in paragraphs 1 and 2 are without prejudice to the terms

in the directly applicable regulations of the European Union ^ 69).



for example, article 69). 3 European Parliament and Council Regulation (EC) No.

1107/2009 of 21 October 2003. October concerning the placing of plant protection products on the

the market and repealing Council Directives 79/117/EEC and 91/414/EEC. '.



12. in section 3, paragraph 3. 1 (b). (b) the words ", where appropriate,) biocidal products

placed on the market under a special legal regulation ^ 4e) and permitted

plant protection management (§ 37 (3)) "shall be deleted.



13. in section 6a of paragraph 1. 2 the words "natural or" shall be deleted and the words "and

instructs "are the words" natural or legal persons ".



14. in section 6a, the following paragraph 6, including footnotes.

70:



"(6) the credentials of the national reference laboratories referred to in paragraph 2 shall

considered the performance of the tasks of laboratory testing in accordance with

Regulation of the European Union ^ 70). The result of the laboratory sample analysis

carried out by the national reference laboratory is equivalent to the result of the

analysis of a sample carried out by the laboratories of the Office responsible for the performance of

scope in the field of plant health care according to the regulation of the European

Union ^ 70) in another Member State of the European Union.



70) Council directive 2009/142/EC of 26 July 2000. November 2009 amending

Directive 2000/29/EC as regards the authorisation to carry out the tasks of the laboratory

testing. ".



15. in section 7 (2). 7 the first sentence, the words "and to" shall be replaced by "or", and

After the word "organisms", the words "referred to in section 10, paragraph 1. 1 or

harmful organisms whose introduction or the spread are

measures referred to in paragraph 4 or in accordance with § 11 para. 2 and 3 ".



16. in paragraph 11 (1) 3 the second sentence, the word "danger" is replaced by

"If there is".



17. § 12 para. 1 the final part of the provision, the words "(hereinafter referred to as

"the register") ' shall be deleted.



18. in section 12 paragraph 4 is added:



"(4) the phytosanitary administration registers the applicant within 3 months from the date of

receipt of the request referred to in paragraph 3, if it is satisfied that the applicant is

competent to discharge the obligations laid down in paragraph 1 and having regard to the

the scope of registration also special conditions under section 15(2). 1 or

obligations arising from the emergency phytosanitary measures

ordered according to § 76 para. 2. the registration of phytosanitary administration

shall issue the applicant a document in which the marked persons registered in the

the official register referred to in paragraph 1, its registration number, activity, for

which is this person into the official registry is registered, and the date

registration. ".



Footnote No 11 is deleted.



19. in § 12 para. 5, the words "initiate the procedure and" are deleted.



20. In article 12, paragraph 6 shall be deleted.



Paragraphs 7 to 9 shall be renumbered 6 to 8.



21. in § 12 para. 7, the words "and the content and conduct of the official registry

referred to in paragraph 5 "are deleted.



22. in section 12, the following paragraph 9, including footnotes.

71:



"(9) registration obligation is fulfilled and registration in another Member

State of the European Union ^ 71). This does not affect the obligation of registered

persons referred to in section 21 para. 6.



71) article 6 of Council Directive 2000/29/EC of 8 June 2004. May 2000 on

protective measures against the introduction into the community of organisms harmful to plants

or plant products and against their spread to the community on

territory of the community. ".



23. in § 13 para. 1 (b). d) point 2 is added:



"2. any changes to the data that are on the official register referred to in section

12 paragraph 1. 1, and without undue delay, but not later than one month from the

the date when the relevant changes occurred, ".



24. in § 14 para. 1 (b). a), the words ' pursuant to § 18 para. 1.0 "

the words "or if you do not meet the specific requirements laid down by the

an implementing regulation, ".



25. in § 14 para. 1 (b). (b)), after the words "into them and" shall be replaced

"subsequently".



26. in § 14 para. 4, the words "and to" shall be replaced by the word "or" at the end of

the text of the paragraph the words "referred to in section 10, paragraph 1. 1 or

harmful organisms whose introduction or the spread are

made pursuant to § 7 para. 4 or under section 11 (1) 2 and 3 ".



27. in article 14, the following paragraph 5 is added:



"(5) the phytosanitary Administration does not check the plants, plant products

and other items that are not listed in paragraph 1, even if they are

plant Passport attached. ".



28. in article 15, paragraph 2. 5, the words "and to" shall be replaced by the word "or" at the end of

the text of the paragraph the words "referred to in section 10, paragraph 1. 1 and 2 or

harmful organisms whose introduction or the spread are

made pursuant to § 7 para. 4 or under section 11 (1) 2 and 3 ".



29. in article 15, paragraph 2. 6 the third sentence, the words "§ 16 para. 2 "shall be replaced by

"§ 16 para. 1 (b). (b)) ".



30. In article 16(1). 3, after the words "§ 15 para. 2 "the words" and 3 "and on the


the end of text in a paragraph, the following words "and this section may be placed on the

the market ".



31. in section 21 para. 1 (b). (d)), after the words "copies" the words "or

outputs from the authorized conversion of documents ".



32. In section 21 para. 2 the first sentence, after the words "packing material"

the words "(hereinafter referred to as" wood packaging material ")".



33. In paragraph 21, at the end of paragraph 2 the following sentence "a copy of the

Protocol on the control of phytosanitary Administration also passes to the Customs Office

the point of entry or destination. ".



34. In paragraph 21 of the text at the end of paragraph 6, the words "or § 12 para.

9. "



35. In section 21 para. 8, § 22 para. 5 (b). (c)), section 27 para. 3 and § 80 para. 2

(a). (c)), the words ' European Communities ' shall be replaced by

"The European Union".



36. In § 25 para. 2 and 5, the number "3" by "4".



37. In article 25, paragraph 2, the following paragraph 3 is added:



"(3) a sign which shows that the wood packaging material,

which is used in the carriage of goods of any kind imported from third

countries into the United States, was properly treated against the occurrence of harmful

organisms, is carried out in points of entry referred to in paragraph 1

or in the places of destination of the imported goods. Control is carried out by the customs authority;

If the customs authority is unable to control this, he shall inform the plant protection

the Administration, which control executes. ".



Paragraphs 3 to 7 shall become paragraphs 4 to 8.



38. In article 25, paragraph 4 reads:



"(4) the phytosanitary Administration can control the identity and control

the health status of wholly or partially accomplished in the place of destination, on the

the basis of the observations of the Office of point of entry, the identity check and the

check the State of health cannot be in the position referred to in paragraph 2

performed in the scope of § 22 para. 1, so that was filled with target

checks pursuant to section 22 paragraph 1. 2, without prejudice to the provisions of paragraphs 5 and

6. ".



39. In paragraph 25, after paragraph 7, the following paragraph 8 is added:



"(8) the operator places the point of entry at their own expense in their

the premises of the containers for swapping the plants, plant products

and other items imported from third countries in the context of personal contact and

not satisfying the requirements provided for in § 21 para. 1. the operator

point of entry is responsible for the safe disposal of the contents of the containers under the

the supervision of the phytosanitary administration. ".



The present paragraph 8 shall become paragraph 9.



40. In § 25 para. 9 (a). (b)), and (c)) and in section 25a paragraph 1. 4, the first sentence is the number

"5" is replaced by "6".



41. In section 25a paragraph 1. 1 the first sentence, the words "in agreement with the" shall be replaced by

"stomer".



42. In section 25a paragraph 1. 2 of the introductory part of the provisions in section 25a paragraph 1 and. 2 (a). (b))

the number "7" is replaced by "9" and the number "5", "6".



43. In paragraph § 25b. 1, the number "3" by "4" and the number "5"

replaced by the number "6".



44. In paragraph § 25b. 2 the second sentence of the number "3" by "4".



45. In paragraph § 25b. 3, the number "5" shall be replaced by the number "6", the words "or

electronic transmission of data "shall be deleted and the comma after the words" the input

"shall be replaced by the word" and ".



46. In § 28 para. 1, the second and third sentences are replaced by the phrases

"Phytosanitary Administration will not issue a phytosanitary certificate, if

on the basis of investigation found that plants, plant

products and other items do not meet the requirements of the importing or

provážejícího State to guard against affecting harmful organisms,

or these requirements the importing or provážející State has provided. The request for

the issue serves the phytosanitary administration of the exporter or person

his delegate, at least 2 working days before the day of loading of the consignment.

The applicant shall provide the phytosanitary requirements of the importing, management

where appropriate, the provážejícího of the State for protection against harmful affecting

organisms, unless they have been published by the Administration, and propose to plant

Instead, in which the plant will allow the Administration to make the necessary

investigation. ".



47. In section 28 paragraph 3 reads:



"(3) If it is to be based on the requirements of the importing, or provážející

third country, treated wood to protect against the introduction of harmful

organisms, including its designation on the territory of the Czech Republic, must be

treated with technical equipment is eligible under sections 68 to 69. For

implementation of handling and labelling of exported timber and wooden packing

the material corresponds to the exporter. The method and place of treatment of wood and wood

packaging material, lays down implementing legislation. ".



48. In § 28 para. 4, after the word "original" is inserted after ", the output from the

authorized conversion of documents ".



49. In § 28 para. 8 (a). and the number ")" is replaced by "8".



50. the footnote No 22:



"22) Commission Regulation (EC) no 690/2008 of 4 February. July 2008 laying

recognising protected zones in the community in which it is the State of health

exposed to particular plant threats, as amended. ".



51. In section 29 para. 5, the words "or by electronic means"

shall be deleted.



52. section 31, including the title reads as follows:



the "section 31



Basic provisions



(1) the phytosanitary administration is authorized to establish a standstill

the time limit under the applicable legislation of the European Union, if it had been established.



(2) the holder of an authorisation shall without undue delay notify the

the phytosanitary administration changes in the facts referred to in the authorization.



(3) the permit holder is obliged to ensure that the active substance or

the active substance in the product and the product itself to maintain the composition,

the technical specifications and other requirements for the preparation of the corresponding

the data indicated in the submitted supporting documents, on the basis of

authorisation has been granted, and during the whole period of validity of the permit.



(4) the holder of an authorisation shall submit the phytosanitary administration before

the first product on the market on the basis of issued permits and when

any change to enable the text of the instructions for use of the product, or the next

resource including the appropriate risk reduction.



(5) the phytosanitary administration exposes the way allowing remote

to access the text of the instructions for use of the product, or other resource.



(6) the Repackaging of the product permitted to be placed on the market and use of the

the Czech Republic shall be notified to the phytosanitary administration

no later than 24 hours before through repackaging, with an indication of the place of repackaging and name

and the body which repackages products. When the repackaging of the product

must comply with the conditions laid down by the implementing regulation. ".



53. section 32, including the title reads as follows:



"§ 32



Application for authorisation



Of the applications for the issue of authorizations granted by directly applicable

Regulation of the European Union concerning the placing of plant protection products on the market,

or about changing the authorisation, shall be decided by the plant health

Administration. ".



54. section 33 including title and footnotes # 72:



"§ 33



The authorisation procedure for



(1) if it is to be in accordance with the instructions for use of the product mixed with the

another product or device, the applicant must prove consent

the holder of the authorisation or consent of the person on whose application was

another means of written into the official registry, for such use.



(2) an assessment of the 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). Making reviews will pay

the applicant to the National Institute of health, a price that is determined by the

special legal regulation ^ 23b). Based on the assessment of the State

the Ministry of health shall issue the Health Institute's toxicological

the opinion of a product (hereinafter referred to as "the toxicological assessment") in the form of a binding

the opinion.



(3) the phytosanitary administration is in fulfilling the obligations arising

for the Czech Republic from the directly applicable European Union legislation ^ 67)

or this Act shall be entitled to require the Department of health

issue binding opinions.



(4) the Reviews of the product referred to in paragraph 3 makes the State Health Institute

without payment.



(5) an authorization procedure is interrupted even if the user has the

phytosanitary administration of the Ministry of health or the competent

authority of the Member State of the European Union or the competent authority of the European

Union information necessary to carry out the assessment of the product according to the requirements

directly applicable European Union legislation ^ 72) while this adjustment

are without prejudice to the provisions for the period of interruption resulting from direct

of the applicable legislation of the European Union relating to the placing of

plant protection products on the market ^ 67).



(6) the fact that an application for authorisation has been submitted

the phytosanitary administration, can be made public before the proceedings only with the

consent of the applicant for authorisation.



72) Article. 29 of the European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC. '.



Footnote 24 is repealed.



55. section 34 including the title reads as follows:



"§ 34



The decision to allow




Phytosanitary Administration decision on the authorisation may also provide



and) requirements and restrictions in relation to the prevention of the emergence of resistance

the harmful organism,



(b) requirements for marking of packaging) of the product, including the compulsory data

placed within the text of the label of the product,



(c)) the data requirements, which must be indicated by a group package containing

product in the sales packaging and transport packaging containing the product in

group packages or in sales packages,



d) measures to reduce the risks



(e) requirements for preparation set out) in the technical specifications,



f) requirements and the time limit for the delivery of other information relating to the product

or its components,



(g) the requirement for monitoring undesirable) consequences of the use of the product including

determination of the extent of this monitoring,



(h) the obligation to supply) the original packaging or the label of the product information in the

accordance with the new decision, it was granted. ".



56. section 35, including title and footnotes # 73:



"§ 35



Amendment and revocation of authorisations



(1) the phytosanitary Administration amend or revoke the permit, in addition to the reasons

laid down in the EU regulation ^ 67) concerning the placing of protection

plants on the market if



and authorisation) should be brought into line with the relevant regulation

The European Union ^ 67) concerning the placing of plant protection products on the market,

the legislation issued on the basis of, or



(b)) under the control of a difference in the composition of the

secured when you check the preparation and composition of the product resulting from the

dossier to the product which has been granted

authorization, and this difference in the composition of the holder of the permit was in two

subsequent inspections of the product shown.



(2) the phytosanitary Administration notes the changes reported to the file holder

authorisation of



and the person authorized to act on behalf of) a legal person,



(b)) change of address of the registered office or the address of the place of residence of the holder

the authorization,



(c) a change in the name or names) of the holder of the authorisation,



(d)), the manufacturer or the manufacturing plant changed the product,



(e) change in manufacturer or manufacturing) plant active substances, if this change was

evaluated and approved within the European Union.



(3) the procedure for amendment of the authorisation it shall proceed in accordance with § phytosanitary administration

33 and 34. If the authorization was revoked because of a referred to in paragraph

1 (b). (b)), a new application for a permit to that of lodge

at least 2 years from the effective date of the decision on revocation of authorisations

of the product.



(4) an appeal against a decision of the phytosanitary Administration referred to in paragraph 1

(a). a) and b) does not have suspensory effect.



(5) the person who was the holder of the authorization, shall be obliged to acquire legal

the decision on the revocation of the authorisation shall forthwith withdraw the product from the

market, if not in the decision to cancel the authorisation of plant protection management

fixed standstill period ^ 73).



(6) the holder of an authorisation shall be proved, and in an appropriate manner

inform the legal or natural person, the product

be taken, of the reasons for cancellation or amendment of the authorisation and of the time limits

laid down in the decision.



Article 73). 46 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC. '.



57. section 36 including title and footnote No 74 reads as follows:



"§ 36



Assessment of the equivalence of the active substance



In the case of evaluation of the impact on the health of people in the procedure for examining an

equivalence ^ 74) according to § 33 shall proceed mutatis mutandis.



Article 74). 38 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC. '.



58. under section 36 shall be inserted a new section 36a, which including the title reads as follows:



"§ 36a



Active substances, safeners, synergists and co-Formulants



(1) the phytosanitary administration shall carry out the tasks associated with the approval of the active

substance, safener, Synergist or co-formulant by directly

of the applicable legislation of the European Union relating to the placing of

plant protection products on the market ^ 67).



(2) an assessment of the health of the people in the form of a binding

the opinion provides the Ministry of health in accordance with § 33 para. 2 to 5

the Act similarly. ".



59. § 37 including heading and footnote # 75:



"§ 37



Extension to enable the minority to use



(1) the phytosanitary administration progresses in the proceedings to extend the authorisation of the

minority use ^ 75) under section 32 to 35 apply mutatis mutandis.



(2) the criteria defining minority use of laying down detailed

legal prescription.



Article 75). 51 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC. '.



60. under section 37 shall be added to § 37a, which reads as follows:



"§ 37a



The extraordinary conditions for plant protection



(1) the phytosanitary administration is in the case of emergency States in the protection of

plants may even without proposal does allow. In this case, issue a

phytosanitary administration instead of a decision on the authorisation of

Regulation of plant health management in a manner pursuant to § 76 para. 2 the second sentence of

until the fourth, in which lays down the conditions for the placing on the market and use of

of the product.



(2) an assessment of the effects on human health, done at the request of the plant health

authorities in the cases referred to in section 38b para. 1 the Ministry of

the health sector.



(3) the Ministry of health shall issue, without delay, a binding opinion in

cases of exceptional conditions in plant protection in accordance with § 33 para. 2 to 5

by analogy; for expert reimbursement in such cases

not required. ".



61. section 38, including the title reads as follows:



"§ 38



Mutual recognition of authorisations



When you change and cancellation of the mutual recognition of authorisation shall be applied, mutatis mutandis,

According to § 35. ".



62. in paragraph 38, the following new section 38a, 38b and 38 c, including notes

footnote No. 76 and 77 shall be added:



"§ 38a



Transfer of permit



(1) the holder of a permit to the product may transfer authorization

a natural or legal person. The transfer authorization must be submitted to the

the applicant, a plant health management application with appropriate documentation. In

the request for conversion shall be proposed to the date on which it is to be

the transfer of authorisation takes place. The annex to the request for conversion shall be

the consent of the holder of the authorization of the transfer, including the agreement to the proposed date of

transfer of authorization and proof of the consent of the owner of the documentation with the approach

documentation of the product and the active substance or evidence of the transfer of rights

or consent to access documentation on the product and active substance in

the new holder.



(2) a transfer shall be entered in the permit also the date on which the transfer

take place, and any time limit for doprodeji and stocks of

According to the previous authorization, if there was a clearance sale and stocks

the product requested. The new holder of the authorisation shall enter fully the rights and

the obligations of the previous holder. The time limits provided for by the previous

the holder of the permit is not converting them.



section 38b



Other measures



(1) in the event that it is necessary to protect plants from harmful organism

and



and) for a given use is allowed 5 or less in the form of active substances

separate products



(b) the products are not allowed in) due to the occurrence of resistance in a sufficiently

effective,



(c)) allowed preparations cannot be used with regard to the specific requirements of the

the protection of human health or the environment, or



(d)) the use of integrated plant protection requires or is

the product can be used in organic farming,

enables the phytosanitary Administration on grounds of public interest, extension

to enable the minority to use the release of plant health management regulation.

Plant health management regulation issued phytosanitary administration

According to § 76 para. 2 the second sentence to the fourth.



(2) for the purpose of the authorisation of a plant protection product to be placed on the market and

the use of the grounds of public interest referred to in paragraph 1 shall issue

phytosanitary administration after completion of the peer review form

mutual recognition or mutual recognition of the extended authorization for the

the use of plant health management regulation, a minority in the manner pursuant to § 76

paragraph. 2 the second sentence to the fourth, in which lays down the conditions for the marketing of

on the market and use of the product.



(3) in accordance with paragraph 1 or 2 shall not affect the emergency

situations by directly applicable European Union legislation governing

the placing of plant protection products on the market ^ 76).



section 38 c



Adjuvants



In the authorisation procedure for the placing on the market and use of adjuvant ^ 77), proceed

under section 32 to 35 apply mutatis mutandis.



76) chapter IX European Parliament and Council Regulation (EC) No.

1107/2009.



Article 77). 2 (2). 3 (b). d) European Parliament and Council Regulation (EC)

No 1107/2009 of 21 October 2003. October 2009 concerning the placing of protection

plants on the market and repealing Council Directives 79/117/EEC and 91/414/EEC. '.



63. In section 39 paragraph 1 reads:



"(1) the phytosanitary administration no later than within 1 month from the end of each

calendar quarter, whether or not in writing, inform the other Member States


The European Union and the Commission of issued permits and repealing authorization. ".



64. In article 39, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



65. In § 39 para. 2 the words "pursuant to § 34 to 38, § 53 or 54.

Phytosanitary administration each year also refer the list referred to in the first sentence,

the other Member States of the European Union and the Commission "shall be deleted.



66. In § 39 para. 3 the words "to the extent referred to in paragraph 2 (a).

a) to (h)) "shall be deleted.



67. section 40 to 42, including the footnotes # 28, 28a, 28b and 28 c,

shall be deleted.



68. In section 43 paragraph 1 reads:



' (1) medicinal products and other means of Control shall mean control

compliance with the conditions, requirements and obligations established directly

the applicable law of the European Union ^ 67), this law, its

the implementing legislation, and permits the phytosanitary administration

natural and legal persons, and concerning the products as products

their placing on the market in the Czech Republic, storage, storage under

distribution and use. ".



69. In § 43 para. 2, the words "decisions or" shall be deleted.



70. in § 43 para. 3 the words "hand, or ' shall be deleted.



71. In § 43 para. 7 (b). a) and b), the words "decisions or the holder of the

authorization under section 53 or 54 "shall be replaced by the word" permit ".



72. In § 43 para. 8, the words "of the marketing authorisation or permit

under section 53 or 54 "shall be replaced by the word" permit ".



73. In § 43 para. 9, the words "of the marketing authorisation or the holder of the

authorization under section 53 or 54 "shall be replaced by the word" permit ".



74. In section 43 paragraph 10 is added:



"(10) if the phytosanitary administration, that the sample taken in accordance with

paragraph 7 complies with the law and implementing regulations, it shall transmit to the holder

to enable the rest of the controlled product and at the same time issue a certificate

the composition of the product for its further placing on the market and use. For

the quantity of the product, which was used for laboratory analysis,

provide phytosanitary administration relative to pay the holder of the authorisation

According to the price paid in accordance with paragraph 9 and which does not exceed the price of the

the usual, if the permit holder requests the replacement within 2 months from the

the date on which he was notified of the result of a laboratory examination. A waste of

expiry of this period, the entitlement to the refund shall be lost. Compensation for plant health

the Administration will provide no later than 30 days from the date on which the holder of the authorization for it

asked. Compensation shall not be granted if the price is less than the sample taken

$ 300. ".



75. In § 43 para. 11, the words "of the marketing authorisation or the holder of the

authorization under section 53 or 54 "shall be replaced by the word" permit ".



76. section 44, including the footnotes # 30, 31 and 33 shall be deleted.



77. paragraph 45, including the title reads as follows:



"§ 45



The decision on eligibility to conduct experiments and tests with the products or

other resources



(1) the decision on eligibility to conduct experiments and testing issues

phytosanitary Administration on request of a natural or legal

a person who is qualified to carry out experiments and tests in accordance with the

requirements of good pokusnické practice. If the administrative authority finds that the applicant

is not eligible under the first sentence, it shall reject the application.



(2) the decision lays down in particular the phytosanitary administration



and testing area)



(b) the period of validity of the decision).



(3) the phytosanitary administration issues a decision in compliance with the requirements referred to in

paragraph 1 within a period of 60 days, in particularly complex cases within 90 days.



(4) the decision shall be issued for a period of 5 years and may be renewed.



(5) the request for extension of the validity of the decision is served at least 90 days

before the date of expiry of the decision.



(6) the phytosanitary administration shall not extend the validity of the decision and the application

be refused if



and the holder of the decision violates the requirements) of good practice or pokusnické

the facts set out in the decision, or



(b) the applicant has not demonstrated at the time) deciding on the extension of the

the decision of the fulfillment of any of the requirements of good pokusnické practice.



(7) the phytosanitary administration is entitled to in relation to the persons referred to in

paragraph 1



and) to carry out controls in terms of the requirements of good practice, pokusnické



(b) establish and approve the methodology) testing of the products,



(c)) to require such information and documentation on the fulfilment of the requirements of good

pokusnické practice



d) require information about the preparation and testing of the products, as well as

submission to test the products and places where experiments

are in progress.



(8) the phytosanitary Administration decision suspends the validity of the decision in

case of infringement of the requirements referred to in paragraph 6. The decision on the

the suspension of the decision is the first act in the proceedings and appeals

against a decision does not have suspensory effect.



(9) if the side of the holder to remedy the identified

deficiencies on the basis was suspended,

phytosanitary administration cancels the decision on suspension of the

decision. Information about the suspension of a decision and its cancellation

exposes the phytosanitary administration manner allowing remote

access.



(10) when deciding on the suspension of a decision shall take into account

phytosanitary administration of the seriousness of violations of the requirements of good

pokusnické practice, to the duration of this condition, the effects of this condition

caused by, as well as to the fact that there is a remedy for this condition.



(11) the holder is obliged to no later than 3 days prior to the first application

of the product, by planting seed sowing seed or treated with

notify the phytosanitary administration



and the name or code of the product),



(b)) name or code of the active substances,



c) crop,



d) purpose of use,



(e)) the maximum dose.



(12) an application for the issue or renewal decision decision on

competence to carry out experiments and tests will be made in writing and includes



and) identification data



1. the applicant and the person authorized to act for the applicant (name, where applicable,

name, last name, title, and address of the place of residence, telephone or

electronic connection),



2. where the tests are carried out,



(b) a proposal for the definition of the field) of the testing referred to in paragraph 2,



(c) a declaration by the applicant) who intends to carry out an official test that



1. agrees with the audit to assess eligibility for the implementation

tests of the products and shall provide for that purpose in accordance with the requirements of the

the phytosanitary administration of the necessary cooperation,



2. immediately notify the plant is committed to managing the changes

conditions on the basis of a decision.



(13) the implementing legislation provides for requirements documentation

establish eligibility to conduct experiments and trials and area

testing. ".



78. In paragraph 46 of the introductory part of the provisions, the word "entrepreneurs" is replaced by

the words "professional users" and after the word "preparations" shall be inserted after

the words "or other means".



79. In the title of § 46, § 46 (a). and) and (b)) and in the title of section 46a,

"products", the words "or other means".



80. in paragraph 46 (a). and (2)) the word "registration" shall be replaced by

"enable".



81. In paragraph 46 (a). and section 5), the words "§ 42" shall be replaced by the words "directly

the applicable law of the European Union ^ 67) ".



82. In article 46a, paragraph 1 shall be deleted.



Paragraphs 2 to 5 shall be renumbered 1 to 4.



83. In paragraph 46a of paragraph 1. 3 at the end of the text of subparagraph (a)), with the words "

exception of those or other resources that have been subjected to

laboratory analysis pursuant to § 43 para. 7 and they are exposed to

phytosanitary certificate of the composition of the management pursuant to § 43

paragraph. 10. "



84. section 47 reads as follows:



"§ 47



Preparations which have passed the expiry date, may be placed on the market for

1 year, if it is established on the basis of the analysis of the corresponding sample

that their chemical and physical properties match the properties of the

under which the permit was granted. Laboratory analyses of the product

for this purpose, shall ensure that the owner of the product in accredited laboratories and

extended the period of application shall be obliged to indicate on the packaging

product. ".



85. In § 49 paragraph 1. 1 the words "decision on the registration" and the words

"the use of (§ 37 para. 1) "is replaced by" authorization "and the words" (section 44) "and

"(§ 45)" shall be deleted.



86. In § 49 paragraph 1. 1 at the end of the text of subparagraph (a)) the following words "or

set number of applications ".



87. In article 49, paragraph 3 shall be deleted.



Paragraph 4 becomes paragraph 3.



88. In paragraph 49, the following paragraphs 4 and 5 are added:



"(4) the phytosanitary administration exposes the way allowing remote

access data on consumption of active substances that are in products

contained, summarized in annex III of regulation of the European Parliament

and Council Regulation (EC) No 1185/2009 concerning statistics on pesticides.



(5) disclosure or provision of information about consumptions for the active substances and

preparations in relation to the territorial unit shall not be considered a violation of

business secrets. ".



89. In § 50 para. 1 the words "decision on the registration" shall be replaced by

the word "permit".



90. in paragraph 51, paragraphs 1 to 3, including footnote # 78:



"(1) a natural or legal person who, in the business uses


products in the outdoor environment shall not apply the preparations which are

According to the authorisation marked as



and) dangerous or particularly dangerous to bees, if prior to application

in accordance with paragraph 2; This provision shall also apply to

application of other drugs and substances whose use is for bees

dangerous,



(b)) preparations for rodent control (rodenticides) on the property which is

part of the hunting ground, if these have not been notified to the authorised application

the user class ^ 40), the Czech environmental inspection ^ 78) and

the phytosanitary administration, not later than 3 days before the start of the application

of the product; the use of seed namořeného with dangerous or especially

dangerous for the terrestrial vertebrates shall be notified 3 days before sowing

a lawful user of a hunting license ^ 40), the Czech environmental inspection

Environment ^ 78) and plant health management.



(2) prior to application of the products referred to in paragraph 1 shall be



and the locally applicable) municipal authorities information to location

habitats of hives in range of at least 5 km from the border of the land on which it has

the application is made, and at least 48 hours prior to making the application

notify the affected farmers of bees and the locally competent municipal authorities

application of the product,



(b)) to discuss measures to protect the game with authorized user

^ 40) hunting license.



(3) the Keeper of the bees is obliged to notify in accordance with the implementation of the legal

prescription locally competent municipal office of information for the location of permanent and

Transitional habitats of hives.



78) Act No. 283/1991 Coll., on the Czech environmental inspection and its

the scope of the forest protection, as amended. ".



91. In paragraph 51, paragraphs 4 and 5 shall be deleted.



Paragraphs 6 to 10 shall be renumbered as paragraphs 4 to 8.



92. In § 51 para. 5 is the number "6" is replaced by "4".



93. In § 51 paragraph 6 is added:



"(6) a local authority shall, on request, the information referred to in paragraph 2

(a). and paragraph 3) is campaigning to crops and livestock farmers bees. ".



94. In § 51 para. 7, after the words "other products", the words ",

auxiliary means "and the words", which performed on insects, "shall be deleted.



95. In § 51 para. 8 (a). (c)), the number "8" is replaced by "2 and 3".



96. section 52, including the title.



97. section 53 including the title reads as follows:



"section 53



Parallel trade



(1) If, in a permit for the reference product to the amendment of the authorisation of the

terms and conditions of its placing on the market or use, the plant health

the Administration will carry out the procedure for changing a parallel trade permit.



(2) the holder of the authorisation of the reference product is not

a participant in the authorisation procedure for parallel trade.



(3) in proceedings for the authorization of the parallel trade is advancing plant health

management referred to in paragraph 3 to 35 accordingly. ".



98. In § 54 para. 3, "writes another means of" shall be replaced by

"Decides to write another resource", after the words "the registry"

the words "within six months" and the words "58" is replaced by "referred to in

section 58 ".



99. In paragraph 54, paragraph 5 shall be deleted.



100. In paragraph 54, the following new paragraph 4, paragraphs 5 to 7, which

shall be added:



"(5) in the event that the instructions for use of an additional resource to be listed

the ability to blend with another medicine or other means, it can

phytosanitary Administration require the applicant to furnish proof of the holder's consent

product authorisation with regard to the product, or, in the case of other

resource, the consent of the person on whose application was another means of written

in the official registry, with which the product should be mixed, such

the use of the.



(6) If an additional resource that contains genetically modified

organisms can be written into the official registry in compliance with the requirements

provided for in this law and the law governing the handling of genetically

modified organisms and genetic products ^ 32).



(7) another means of phytosanitary administration shall not be registered in the official

If the registry contains macro-organisms presenting a risk

for the health of humans, animals or the environment. ".



Paragraphs 6 to 15 shall be renumbered as paragraphs 8 to 17.



101. In § 54 para. 15 the number "12" is replaced by "14".



102. In § 54 para. 17, the words "§ 33 para. 2 "shall be replaced by ' paragraph 31 to

35. "



103. In paragraph 54, the following paragraph 6 is added:



(18) the provisions on the transfer of authorisation under section 38a, the provision

information on adverse reactions to medicinal products and the exchange of information pursuant to §

39, and the use of products under section 49 applies to other resources

accordingly. ".



104. In § 58 para. 3, the word "register" is replaced by "authorization".



105. In paragraph 59 (a). (b)), the words "not foreign" are replaced by the words "are

the original ".



106. section 60, including the title reads as follows:



"section 60



Record keeping and information about the marketing of products or other resources

on the market



(1) the business people, who place on the market products or other resources

or entrepreneurs who products or other resources in the territory of the United

the Republic are held for the purpose of export to third countries, are

required to



and plant health) to notify the Administration always within 3 days of the relocation on the territory

The United States their newly stored products or other

funds that moved from another Member State of the European Union

or imported from third countries, including the names and lot numbers, and



(b) the phytosanitary Administration) on demand to provide information on packaging and

deliver samples of packaging products or other means.



(2) entrepreneurs, who within the territory of the United Kingdom other resources

manufactures, are required to provide on request the phytosanitary administration

the phytosanitary administration of the quantities sold to other resources

including names and lot numbers.



(3) the Entrepreneurs who sell products or other resources, are

required in the proof of their sale to indicate whether or not the batch number and date

the end of the period of application of the product, or other resource. This

the provisions shall not apply to seller at retail stores.



(4) the information referred to in paragraphs 1 to 3 shall not affect the right

applicable provisions of the regulations of the European Union ^ 67) governing

information or record keeping bodies governed by private law. ".



107. In § 63 para. 2, the last sentence shall be deleted.



108. In paragraph 68, paragraph 2 reads as follows:



"(2) a legal or natural person who intends to use the technical

the device for a purpose referred to in paragraph 1 (hereinafter referred to as "operator

technical equipment "), is required to apply plant protection management about

recognition of the competence of this device and the entry in the register

operators. ".



109. In paragraph 68, the following paragraphs 3 and 4 are added:



"(3) if it satisfies the technical equipment of the applicant's technical and technological

requirements laid down by the implementing regulation, shall issue a plant health

management decision on the recognition of the competence of this device and its

inclusion in the register of operators of technical equipment, including

the allocation of marks for the marking of timber and wooden packing material

treated in a technical plant approved for this operator

technical equipment.



(4) the operator of technical equipment registered under

paragraph 2



and) may to control harmful organisms use only operated

recognised technical equipment,



(b)) is obliged to operate the technical equipment for the purpose of exterminating

harmful organisms adhere to the implementing regulation provided for

technical and technological requirements and follow the technological

procedure, approved plant protection management, whose formalities

sets out detailed legislation, and



(c) the phytosanitary Administration) reports without undue delay of any

changes to the recognised technical equipment, which can lead to non-compliance with

technical and technological requirements referred to in point (b)), and

closure of the recognised technical equipment. ".



110. section 69:



"§ 69



(1) legal or natural person, who intends to produce from

wood packaging material treated wood or treated wood packaging

material label (hereinafter referred to as "the manufacturer of treated wood packaging

material "), is required to apply plant protection management for inclusion in the

Register of producers.



(2) the phytosanitary administration shall issue a decision on the applicant's signed for the

Register of producers of treated wood packaging material, including

the allocation of marks for labelling wooden packing material, if

technology meets the labelling requirements for wood packaging

material.



(3) the treated wood packaging material Manufacturer registered in the

the register referred to in paragraph 2



and to produce), may wood packaging material, which intends to mark the

mark allocated pursuant to paragraph 2, use only wood treated in

accordance with the technical and technological requirements, referred to in section 68

paragraph. 4 (b). (b)),



(b)) is obliged to comply with the labelling requirements of technology

wood packaging material and follow the technological

procedure agreed by the phytosanitary administration, and




(c) the phytosanitary Administration) reports without undue delay of any

changes in the marking of wood packaging material, that may

lead to non-compliance with the technological requirements referred to in point (b)), and

their marking of wood packaging material.



(4) the technological requirements for the marking of wood packaging

material and requisites of the technological procedure lays down detailed

legislation. ".



111. in paragraph 69, the following new section 69a is inserted:



"§ 69a



(1) legal or natural person who is not registered in the register of

operators of technical equipment under section 68 and the register of manufacturers

treated wood packaging material pursuant to § 69, may refer to

or procure a proof of completion of the treatment of wood or wood packaging

material.



(2) the operator of technical equipment and the manufacturer of treated wood

the packaging material, which is the holder of the plant health

Administration pursuant to § 68 para. 3 and § 69 para. 2 only use the tag

allocated him to plant management, and only



and wood or marking) wood packaging material treated in the

a technical plant approved in accordance with § 68 para. 3 and in compliance with the

technical and technological procedure provided for in § 68 para. 4 (b). (b))

and or in § 69 para. 3 (b). (b)), and



(b)) the manner prescribed by an implementing regulation.



(3) the phytosanitary Administration keeps a register of operators of the technical

device pursuant to section 68 and a register of manufacturers of treated wood packaging

material under section 69.



(4) the phytosanitary administration cancels the decision on recognition

technical equipment, the entry in the register of operators of the technical

device pursuant to section 68 or the register of producers of treated wood

material in accordance with § 69 and on the allocation of marks for marking wood

packaging material treated in a technical plant approved

the operator and labelling wooden packing material or its

by the manufacturer, if it finds that the holder of the decision is not likely to

labelling of treated wood packaging material according to the international

standard that does not meet the technical and technological requirements

referred to in § 68 para. 4 (b). (b)) or the technological requirements set out

in § 69 para. 3 (b). (b)).



(5) Implementing law provides



and the brand and model) the details referred to in § 68 para. 3 and § 69 para. 2 and

the method of marking referred to in paragraph 2,



(b)) the technical and technological requirements for technical equipment under section 68

paragraph. 3 and § 68 para. 4 (b). (b)) and particulars of the routing



(c) the technological requirements for marking) wood packaging material

and routing requirements pursuant to § 69 para. 3 (b). b).“.



112. In part one, title VI is inserted at the beginning of part 1, including

the title, which reads as follows:



"Part 1



Plant health care institutions ".



113. in the § 70 para. 1, the word "and" is replaced by a comma and at the end of the text

paragraph the words "and the Administration".



114. In § 71 para. 1 (b). (g)), after the words "United States"

the words "in international organizations and".



115. In paragraph 71, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter j) is added:



"j) exposes the way allowing remote access list, use the

considered to be minority. ".



116. In § 72 para. 4 (b). (c)), the words "under section 32 to 45, § 50, 51, 53,

54, 57 and 58 ' shall be deleted.



117. In § 72 para. 4 (d)):



"(d)), the operation of machinery, technical equipment to

Pest organisms and labelling wooden packing

material ".



118. In § 72 para. 5 (b). and) the words "including the invasive alien harmful

organisms ' shall be deleted.



119. In § 72 para. 5 (c)):



"(c)) on the applications of natural and legal persons about their

Ministry credentials to perform professional plant health

activities pursuant to § 71 para. 1 (b). (b)), and (c)) and performs specialized audit

authorised persons according to the instructions of the Ministry ".



120. In § 72 para. 5 letter m) is added:



"m) monitors and validates the impact of products on the treated crop, plant

products and the effects on harmful organisms ".



121. In § 72 para. 6, the word "issues" is replaced by "exposes the

manner allowing remote access, "and after the words" additional resources "

the words "in accordance with the directly applicable European law

Union governing the placing of plant protection products on the market ^ 67). ".



122. In section 74 para. 1 (b). f), the words "[§ 3 (1). 1 (b). (b)), section 31, 43,

46, 47, 49] ' shall be deleted.



123. In section 74 para. 1 letter h) is added:



"h) the conditions referred to in the decision on registration of the mechanized resource

into the official registry (section 63), provisions concerning the use and control

testing machinery [§ 3, paragraph 1 (b)), section 66 and 67] and

the conditions for the operation of technical installations for pest

organisms and labelling wooden packing material, ".



124. In section 74 para. 9, the word "of" is deleted.



125. In part one, title VI, section 74 following designation of part 2, which

including the title reads as follows:



"Part 2



The measures ".



126. In section 75 para. 3 (b). and) and in section 75 para. 6, after the word "animals"

inserted the word "plant".



127. In § 76 para. 1 letter f) is added:



"f) restriction or suspension or prohibition of the manufacture of manufacturers in the Czech

Republic, restriction or suspension or prohibition of the placing on the market and

the use of, or the next resource or determining the Special

conditions for the production, placing on the market or use of or repackaging ".



128. In paragraph 76, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter i), which read as follows:



"i) prohibition of the operation of technical equipment for pest

organisms or the ban on wood packaging material marking. ".



129. In § 76 para. 2 of the introductory part of the provisions, the word "State" be deleted.



130. In § 76 para. 2 at the end of paragraph (e) is replaced by a comma and dot)

the following paragraph 4 is added:



"4. the technical equipment to control harmful organisms and labelling

wood packaging material do not comply with the conditions laid down in § 68

and 69. ".



131. In § 76 para. 3, the first sentence shall be deleted.



132. In paragraph 76, paragraph 8 is added:



"(8) to the person concerned an exceptional plant health measures referred to in

paragraph 1 (b). b), c), (d)) shall be granted compensation at the written request

costs and losses incurred as a result of the implementation of these measures.

Compensation shall be granted from the State budget on the basis of

the decision of the phytosanitary administration and under the



and one-time destruction) the plants, plant products and other objects

infected or suspected of harmful organisms or their

one-time treatments laid down procedures and resources,



(b) the rehabilitation of the land) one time, cleaning and disinfection of the warehouses, operational

spaces, machinery, transport vehicles, equipment, tools or other

articles. ".



133. In paragraph 76, paragraph 10 is added:



"(10) a person to be granted a refund under paragraph 8, must

refund request within 1 year since the inception of costs and losses for which it is to be

refund is granted, otherwise the claim shall cease to exist. Refunds shall be granted in the amount of

reasonably incurred costs and losses and the amount due is the person

to be granted a refund, shall demonstrate. ".



134. In § 76 para. 11, the words "material damage and how to determine and

the proof of its amount "shall be replaced by" costs and losses ".



135. section 78, including title and footnote No 55 is deleted.



136. In § 79 paragraph 2. 1 (b). (d)), the words "paragraph. 2 ' shall be deleted.



137. In § 79 paragraph 2. 1 (b). f), the words "and the investigation for the export of plants,

plant products and other objects referred to in § 28 para. 1 and 7 ' shall be deleted.



138. In § 79 paragraph 2. 1 the letter g) is added:



"(g)), the authorisations".



139. In § 79 paragraph 2. 1 (b). I), the words "import concurrent products"

replaced by the words "parallel trade".



140. In § 79 paragraph 2. 1 (b). (j)), the word "other" is replaced by

"assistive technology".



141. In § 79 paragraph 2. 1 (b). l), after the words "in accordance with" the words "§ 68 and

eligibility for the marking of wood packaging material in accordance with ".



142. In § 79 paragraph 2. 1 for the letter m) the following point (n)), which read as follows:



"n) delegation of the scope of the national reference laboratories and

reference laboratories for laboratory activities, pursuant to section 6a of paragraph 1. 2, ".



143. In paragraph 79, the dot at the end of paragraph 4 is replaced by a comma and the following

the letter d), which read as follows:



"(d)) of the person, if the application for mutual recognition of a public

interest. ".



144. In the first for title VI the following new title VII, including

Title:



"TITLE VII



ADMINISTRATIVE OFFENCES



Part 1



Misdemeanors



Section 79a



(1) a natural person has committed the offence by



and more) uses a resource that is not written into the official registry, in

contrary to § 54 para. 1, or



(b)) the next resource in violation of § 54 para. 14.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 2,000.



§ 2



(1) a natural person has committed the offence by




and) as the person who cultivates, produces, processes or placed on the market

plants, plant products or other objects, or as the owner of

of the land or of the object or person that is taken from a different legal

reason, breach of an obligation under section 3 (1). 1 (b). and)



(b)) as a person who cultivates, produces, processes or placed on the market

plants, plant products or other objects, or as the owner of

of the land or of the object or person that is taken from a different legal

reason, breach of an obligation under section 3 (1). 1 (b). (b)),



c) fails to comply with the obligation under section 9,



(d) notify the phytosanitary Administration) the repackaging of the product permitted to be

placing on the market or its use pursuant to § 31 para. 6,



e) as an importer pursuant to § 24 para. 2 or any other person designated by the importer



1. notifies the expected date of importation in accordance with § 24 para. 2 (a).

and)



2. in violation of § 24 para. 2 (a). (b)) does not notify data relating to

the relevant consignment or lot or details about the documents, or



3. does not update the data according to § 24 para. 2 (a). (c)),



(f)) as a carrier consignment or lot which is subject to import

plant health inspection according to § 21 para. 1 to 4, will not allow the implementation of

control to the extent and in the manner pursuant to § 24 para. 3,



g) neuskladní according to § 26 para. 1 (b). (b)) at the place of consignment or lot and

under the terms of the phytosanitary administration of the pending will be

final results of the officially established laboratory or other tests,



h) moves through a protected zone, with the ultimate goal of outside plant

plant products or other objects without a plant passport in

contrary to § 30 para. 1,



I) as the person who is the owner of the land or the object in the territory in which

is ordered by an emergency phytosanitary measure, or as a person who

such property taken from another legal reason, fails to provide the information

pursuant to section 76 para. 5,



j) takes or repositions the quarantine material according to § 8 paragraph. 1 without

permission according to § 8 para. 2 or 3, or



k) does not apply when the import or export of plants, plant products or

other subjects of the phytosanitary certificate or plant health

certificate for re-export in accordance with § 23 para. 1 or § 28 para. 1.



(2) for the offence referred to in paragraph 1 may be to impose a fine up to CZK 30,000.



§ 79c



(1) a natural person has committed the offence by



and) uses a product which is not allowed in the Czech Republic by directly

of the applicable legislation of the European Union relating to the placing of

the market,



b) contrary to section 35 para. 5 places on the market or uses the product after

cancellation of an authorisation with the exception of those for which a standstill has been enabled

the time limit,



(c)), the product is used in accordance with the conditions



1. implementation of experiments or tests with the products by directly applicable

Regulation of the European Union relating to the placing on the market,



2. use products according to § 49 paragraph 1. 1, 2, 3, or 4, or



3. imports of the product in accordance with European Union legislation directly applicable

relating to the placing on the market,



(d)) as a nurse crop, apply the products in violation of § 51 para. 1

and (2),



e) moves and preparations used in the framework of the parallel trade in conflict with

directly applicable EU regulation governing the placing of the product

on the market, or



f) distributes the product in violation of § 46 para. 3.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 40,000.



section 79 d



(1) a natural person has committed the offence by



and lead, extend,) bring or move contrary to section 7 (2). 1, 2, 3

or (5) or contrary to section 8 (2). 2 harmful organism, plant,

plant product or other object



(b)), extending the lead, takes or moves in violation with the authorization pursuant to §

8 (2). 2 harmful organism, plant, plant product or other

subject matter,



(c) fails to comply with the measures set out to plant) Administration pursuant to section 26

paragraph. 1 (b). and), (b)) or e) for a consignment, which does not respond after

the import requirements laid down by law to plant-health checks, or

fails to comply with the phytosanitary measures extraordinary pursuant to § 76 para. 1, or



d) it illegally, without a decision on the allocation of the mark for labelling

treated wood packaging material pursuant to § 69 para. 2.



(2) for the offence referred to in paragraph 1 can be used to impose a fine of up to $ 50,000.



Part 2



Administrative offences of legal entities and natural persons-entrepreneurs



§ .79e



(1) a legal person commits an administrative offense, by



and) contrary to section 54 para. 1 places on the market or uses other means,

that is not written into the official registry, although this is subject to enrollment,



b) contrary to section 47 launches yet another vehicle after the expiry of the

usability,



(c)) use the next resource conflict with



1. the experimental use of other funds pursuant to § 54 para. 14,



2. the labelling of other funds pursuant to § 55,



3. the compulsory inspection testing machinery, pursuant to § 66,



4. the notification and the book of obligations under section 60, or



5. the terms of distribution under section 46a para. 3,



(d)) as a manufacturer of treated wood packaging material produced wood

the packaging material in accordance with the conditions under § 69 para. 3, or



e) it wrongly tag for labelling of treated wood

the packaging material in accordance with § 69 para. 2.



(2) for the administrative offence referred to in paragraph 1 shall be fined in the amount of 200 000

CZK.



section 79e



(1) a legal person commits an administrative offense, by



and) as the person who cultivates, produces, processes or placed on the market

plants, plant products or other objects, or as the owner of

of the land or of the object or person that is taken from a different legal

reason, breach of an obligation under section 3 (1). 1 (b). and)



(b)) as a person who cultivates, produces, processes or placed on the market

plants, plant products or other objects, or as the owner of

of the land or of the object or person that is taken from a different legal

because, contrary to section 3 (2). 1 (b). (b) shall apply to the treatment plant),

plant products or other objects concerned against harmful organisms

medicine, mechanization additional resource or resource that is not

allowed for use under this Act or by directly applicable

Regulation of the European Union relating to the placing on the market, or when

treatments will damage the surrounding vegetation, human or animal health or the

environment,



(c)) as the operator violates any of the duties during storage

plant products in accordance with § 4 para. 1 or fails to comply with a discovery method

or the regulation of the presence of harmful organisms in stored plant

products fixed by legislation issued on the basis of §

4 (4). 2,



d) fails to comply with the obligation under section 9,



(e) fails to comply with the obligation of registration) according to § 12 para. 1,



(f)) does not connect the plant passport for plants, plant products

or other objects under section 20 (2). 1,



g) replaces a plant passport or a passport for a protected

zone or a replacement plant passport in violation of § 19 para. 1,



h) as a person according to § 12 para. 1 violates any of the requirements of section

in article 13(3). 1 or fails to comply with the measures imposed by the phytosanitary administration

According to § 13 para. 2,



I) where plants, plant products or other objects in front of the

placing on the market means the systematic plant-health checks in accordance with § 15 para. 1

(a). (b)),



j) fails to comply with the measures referred to in section 11 (1) 2 or 3 or measures under section 15

paragraph. 6,



shall issue a plant passport) contrary to section 17 para. 2 as a person

an unauthorized,



l) purchases or otherwise acquires the plants, plant products and

other items in violation of § 20 para. 2,



m) as the person who is in the business activities of ^ 12) deals with the

the cultivation of plants, or as the ultimate user, who purchases or

Another way gets the plants, plant products and other objects,



1. contrary to section 20 (2). 2 (a). and does not retain the related plant passports)

or about them does not register



2. the development of the phytosanitary administration of the purchase or other acquisition

the relevant plants, plant products and other objects

originating from third countries, pursuant to section 20 (2). 2 (a). (b)),



3. employees of the plant health management will not allow entry to land and

objects under section 20 (2). 2 (a). (c)),



4. does not allow employees to access the plant administration grown,

stored or processed plants, plant products or

other objects under section 20 (2). 2 (a). (c)), or



5. employees of the plant health management free subscription

plants, plant products or other objects, and the collection of their

sampling and checking of the relevant documents referred to in section 20 (2). 2 (a). (c)),



n) will not allow the shipment as a carrier or a batch import

phytosanitary inspection according to § 24 para. 3,



o) neuskladní in the consignment or lot and under the conditions laid down

phytosanitary administration until the final results are known

officially provided for laboratory or other tests according to section 26 para. 1

(a). (b)),



p) as the carrier does not guarantee shipment shipments exported under section 28

paragraph. 9,



q) travels through a protected zone, plants, plant products or


other objects with the ultimate aim of outside without a plant passport in

contrary to § 30 para. 1,



r) does not provide information pursuant to § 76 para. 5,



s) takes or repositions the quarantine material according to § 8 paragraph. 1 without

permission according to § 8 para. 2 or 3, or



t) does not apply when the import or export of plants, plant products or

other subjects of the phytosanitary certificate or plant health

certificate for re-export in accordance with § 23 para. 1 or § 28 para. 1.



(2) for the administrative offence referred to in paragraph 1 shall be fined up to 500 000 CZK.



§ 79 grams



(1) a legal person commits an administrative offense, by



and) uses a product which is not allowed in the Czech Republic by directly

of the applicable legislation of the European Union relating to the placing of

the market,



(b)) to market the product after the expiry of its application in conflict

with section 47,



(c)) in violation of § 36 odst. 5 places on the market or uses the product after

cancellation of an authorisation with the exception of those for which a standstill has been enabled

the time limit,



(d)) as the holder of the permit or the distributor of the product, or

another resource's not hitting or does not mark the product or other resource

According to the applicable European Union legislation directly governing the marketing of

products on the market,



(e)) does not perform experiments or tests with the products by directly applicable

Regulation of the European Union relating to the marketing of products on the market,



f) storing products in violation of § 46,



g) uses the products in violation of § 49 paragraph 1. 1, 2, 3 or 4,



h) as a person who, in commercial activities treated with medicines,

to secure the exercise of those activities by a competent natural person

or graduate vocational course pursuant to § 86 para. 1,



I) as a nurse crop, apply the products in violation of § 51 para.

1,



j) placing on the market or uses of the active substance in contravention of a directly applicable

the EU regulation governing the placing on the market,



to the contrary, the product moves) with the directly applicable European law

Union governing the placing on the market,



l) as the holder of the authorization allowed the product moves in violation of § 53

paragraph. 1 or m) to notify that the phytosanitary administration of the repackaging of the product

no later than 24 hours before through repackaging in violation of § 31 para. 6.



(2) for the administrative offence referred to in paragraph 1 shall be fined up to 1 0000 0000 CZK.



§ 19.



(1) a legal person commits an administrative offense, by



and lead, extend,) bring or move contrary to section 7 (2). 1, 2, 3

or (5) or contrary to section 8 (2). 2 harmful organism, plant,

plant product or other object



(b) fails to comply with the measures set out to plant) Administration pursuant to section 26

paragraph. 1 (b). a), d) or (f)),



(c) fails to comply with the phytosanitary measures) emergency pursuant to § 76 para. 1,



(d)) as the operator of point of entry does not place on their premises

the container specified for the postponing of the plants, plant products and other

articles referred to in § 25 para. 8, or



e) contrary to section 25 para. 8 as the operator of point of entry

destroyed the contents of the container without the supervision of plant health management.



(2) for the administrative offence referred to in paragraph 1 shall be fined up to $ 1 500 0000.



Part 3



section 79i



Provisions common to administrative offences



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed.



(4) administrative offences under this law in the first instance hearing

phytosanitary administration or municipal office municipality with extended competence

According to § 73 para. 3.



(5) The liability for the acts, which took place in the business

person or in direct connection with him, subject to the provisions of the law on

liability and sanctions legal persons.



(6) a fine to be imposed on the phytosanitary Administration selects a phytosanitary

Administration.



(7) the supervisory authority may waive the imposition of a fine in the event of a

to remedy the infringement in accordance with the measures imposed pursuant to §

75, or immediately after, when it was found a breach of duty, and

found the infringement to prevent damage to health

natural persons, animals or the environment. ".



Heading of title VII to IX are referred to as title VIII to X.



145. In § 81 para. 1 at the end of the text of subparagraph (b)) the following words

"the technical equipment to control harmful organisms".



146. In § 81 para. 1 at the end of the text of subparagraph (c)), the words "and with her

related sampling ".



147. In § 82 para. 1 (b). and) the words "paragraph 2 (hereinafter referred to as

"rostlinolékaři") shall be replaced by ' paragraphs 2 or 3, or ".



148. In § 82 para. 1 (b)):



"(b)) have a different professional qualifications if they perform only professional

plant health activities referred to in § 81 para. 1 (b). (b)), or (c)). ".



149. In section 82 para. 2 of the introductory part of the provisions, the word "Rostlinolékaři"

shall be replaced by "a person with a higher level of vocational education (hereinafter referred to as

"rostlinolékaři") ".



150. In section 82 para. 2 (a). and) and in section 82 para. 3 (b). and after the words)

"curricula" is inserted after the word "plant" and the words

"focusing on the plant or the plant protection product ' shall be deleted.



151. In § 82 para. 2 (a). (b)), after the words "lifelong learning"

inserted the word "plant" and the words "aimed at the plant

or plant protection products ' shall be deleted.



152. In § 82 para. 3 (b). (b)), the words "of plants, gardening,

chmelarstvi, forestry or viticulture "are deleted.



153. In § 82 para. 3 the letter b) the following point (c)), which read as follows:



"(c)) are graduates of accredited bachelor, master or

doctoral programs in the field of agriculture with a focus on

farming, gardening, hop-growing and vineyard or area

forestry, or have secondary education with a GCSE or above

vocational training culminating in a final examination in the field of education

plant protection, horticulture, forestry or viticulture and practice

at least 2 years in the field of plant health, plant protection, or ".



154. In section 82, paragraph 6 shall be deleted.



155. section 83, including the title.



156. In § 85 para. 1 at the end of the text of subparagraph (a)) the following words "or section

paragraph 82. 5. "



157. § 87 including the title reads as follows:



"§ 87



The content and keeping of registries and the official plant health management registers



(1) in the official register pursuant to § 12 para. 1 leads the phytosanitary administration

These data



and) date of birth, the name or names and surnames of the registered

the person, in the case of a natural person, or the business name, the name,

where appropriate, the name, in the case of a natural person, or business name,

where applicable, the trading name of the registered person, in the case of a legal person,

and the identification number, if assigned,



(b)) the address designated to deliver and the address of the registered person

in the case of a legal person,



(c)) the registration number assigned to the person registered plant protection

the Administration,



(d)) whether and what risk plants registered person intends to

imported or placed on the market and whether she has been granted permission to issue

plant passports pursuant to § 17 of the Act,



e) information about the termination, interruption, renewal or change of activity, for

you are registered persons registered.



(2) in the official register of machinery according to section 63

phytosanitary administration leads



and) date of birth, the name or names and surnames of the registered

the person, in the case of a natural person, or the business name, the name,

where appropriate, the name, in the case of a natural person, or business name,

where applicable, the trade name of the applicant, in the case of a legal person, and

the identification number, if assigned,



(b) where appropriate, the manufacturer) information about a resource within the scope of the mechanized importers

business name or name and surname, residence or place

residence,



(c)), the type and the type designation of the mechanized device, including

enumeration of possible production variant,



(d) the data on the area of use) of the mechanized device,



(e) the effective date of registration) of the mechanized device,



(f) the registration number).



(3) in the register of operators pursuant to § 68 para. 2 leads in the plant health

These data management



and) date of birth, the name or names and surnames of the registered

the person, in the case of a natural person, or the business name, the name,

where appropriate, the name, in the case of a natural person, or business name,

where applicable, the trade name of the operator, in the case of a legal person, and

Furthermore, the identification number, if assigned,



(b) the place of business or address) of the seat,



(c)) the address designated to deliver, contact phone or e-mail

the address,



(d) identification of the assigned marks for) the labelling of wood,



e) registration number person in the register,



f) date of the registration shall,




(g)) end date of activity.



(4) in the register of producers in accordance with § 69 para. 3 leads the phytosanitary administration

These data



and) date of birth, name, or first and last names, in the case of physical

the person, or the business name, the name or names, in the case of

entrepreneurial natural person, or the name or business name

the manufacturer, in the case of a legal person, and the identification number, if

allocated,



(b) the place of business or address) of the seat,



(c)) the address designated to deliver, contact phone or e-mail

the address,



(d) identification of the assigned marks for) the labelling of wood,



e) registration number person in the register,



f) date of the registration shall,



(g)) end date of activity.



(5) the official registers and the registers are public information systems

the Administration, which by the phytosanitary administration, that is

exposes the way allowing remote access. ".



158. In § 88 para. 1 (b). (b)), after the words "§ 2 (2). 1 (b). (e)) "

the words "§ 4 paragraph 2. 1 (b). (c)), ", the words" § 12 para. 2 and 8 "

replaced by the words "§ 12 para. 2 and 7 ", the words" § 25 para. 7 "shall be replaced by

the words "§ 25 para. 9 ", the words" § 28 para. 1, 2, and 4 "shall be replaced by the words" §

28 para. 1, 2, 5 and 8 "and after the words" § 30 paragraph 2. 1 "with the words" § 69

paragraph. 4. "



159. In § 88 para. 1 (b). (c)), the words "§ 68 para. 2.0 "shall be replaced by

"§ 69 para. 5. "



160. In § 88 para. 1 (b). (d)), the words "§ 51 para. 6 and 10 "shall be replaced by

the words "§ 51 para. 3, 4, and 8 ".



161. In paragraph 88, paragraph 3 reads:



"(3) the Ministry shall issue, in cooperation with the Ministry of health and

The Ministry of the environment Decree on preparations and other

resources for the implementation of § 31 para. 6, § 37 para. 2, § 45 para. 13, §

paragraph 46A. 1 and 4, § 49 para. 2, § 54 para. 3 and 4 and § 55. ".



162. In § 88 para. 4, the words "§ 82 para. 6, § 83 para. 2 ' shall be deleted.



Article. (II)



Transitional provisions



1. the Mandate for the performance of the activities of reference laboratories issued according to law

No. 326/2004 Coll., in the version in force until the date of entry into force of this

law, shall expire on the expiry of 30 June. June 2012.



2. A certificate of competence to carry out experiments and tests issued pursuant to

Act No. 326/2004 Coll., in the version in force until the date of entry into force of this

law, shall expire on the expiry of 5 years from the date of entry into force of

of this Act.



3. the administrative proceedings that has not been completed before the date of the acquisition of

the effectiveness of this law shall be completed in accordance with the existing laws,

regulations.



PART TWO



cancelled



Article. (III)



cancelled



PART THREE



Amendment of the Act on regulation of advertising



Article. (IV)



Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.

468/1991 Coll., on radio and television broadcasting, in

as amended, as amended by Act No. 258/2000 Coll., Act No.

231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.

320/2002 Coll., Act No. 132/2003 Coll., Act No. 326/2004 Coll., Act No.

480/2004 Coll., Act No. 384/2005 Coll., Act No 444/2005 Coll., Act No.

25/2006 Coll., Act No. 109/2007 Coll., Act No. 160/2007 Coll., Act No.

36/2008 Coll., Act No. 297/2008 Coll., Act No. 281/2009 Coll., Act No.

129/2010 Coll. and Act No. 28/2010 Coll., shall be amended as follows:



1. In article 1 (1). 1, § 3 para. 4 (b). (e)), section 5 d of paragraph 1. 1 and section 7 c of paragraph 1. 1

the second sentence, the words ' European Community ' shall be replaced by the words "of the European

the Union ".



2. § 5 g including the title and the note after footnote # 26a:



"§ 5 g



Plant protection products



Advertising on plant protection products is governed by a directly applicable

the EU regulation ^ 26a).



26A) European Parliament and Council Regulation (EC) No 1107/2009 of 21 October 2003.

October 2009 concerning the placing of plant protection products on the market and repealing

Council Directives 79/117/EEC and 91/414/EEC. '.



PART FOUR



Amendment of the Act on administrative fees



Article. In



In the annex to the Act No 634/2004 Coll., on administrative fees, item 81

up to 86 including the footnotes no 49b-49n are added:



"Item 81



Receipt of the request



and) mutual recognition of authorisations ^ 49) or the authorization of the

^ 49b) the plant protection product if it contains:

-the only active substance or active substances included by directly

the applicable prescription

Of the European communities ^ 49n) EUR 5 000

-the active substance or active substances not included under direct

the applicable prescription

Of the European communities ^ 49n) EUR 6 000



(b)) more resource on plant protection products into the official

^ registry 49 c) $ 1,000



A mandate



Administrative Office will reduce the fee by 90%, if it is a preparation based on live

organisms, food raw materials, commodity substances, plant

extracts of pheromones or repellents or authorisation of the

plant protection products in the public interest.



Item 82



Receipt of the request for renewal of the decision on the



and) permit the plant protection product ^ 49d) $ 500



(b) write the next resource on) a plant protection product into the official

^ registry 49 c) $ 200



Item 83



Receipt of the request



and) extend the authorisation of the plant protection product for

minority use ^ 49e)-$ 300



(b)) change in the authorisation of plant protection products in

the next resource, unless

the acts referred to under (a)) ^ 49f) or transfer authorization ^ 49l)

CZK 100



Item 84



Acceptance of the application for revocation of the authorisation of the protection

^ 49f) plant-$ 100



Item 85



Receipt of the request



and) permission to use the unauthorized product protection

plants for research purposes

or d ^ 49 g) $ 1,000



(b)) to enable the extraordinary placing on the market and use of unauthorised

plant protection product ^ 49h) EUR 1 500



Item 86



Receipt of the request



and a parallel trade permit) ^ 49i)

-for business use $ 1 000

-for own account-$ 300



(b)) issue of a certificate of competence to carry out tests for

the authorization ^ 49j) $ 100



(c)) perform the examination of professional competence for the management of

plant protection products ^ 49k) $ 200



49B) § 32 Act No. 326/2004 Coll.



49 c) § 54 of Act No 326/2004 Coll.



49d) Article. 43 regulation of the European Parliament and of the Council (EC) of 21 September 2005. October

2009 No 1107/2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC.



49e) Article. 51 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC.



49f) section 35 of Act No. 326/2004 Coll.



49 g) Article. 54 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC.



49h) Article. 53 European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC.



49i) section 53 of Act No 326/2004 Coll.



49j) section 45 of Act No. 326/2004 Coll.



49k) § 86 of Act No 326/2004 Coll.



49l) § 38a of Act No 326/2004 Coll.



49) Article. 40 of the European Parliament and Council Regulation (EC) No 1107/2009 of the

on 21 February 2006. October 2009 concerning the placing of plant protection products on the market and on the

annulment of Council Directives 79/117/EEC and 91/414/EEC.



49n) European Parliament and Council Regulation (EC) No 1107/2009 of 21 October 2003.

October 2009 concerning the placing of plant protection products on the market and repealing

Council Directives 79/117/EEC and 91/414/EEC. '.



PART FIVE



The EFFECTIVENESS of the



Article. (VI)



This Act shall take effect on the first day of the calendar month

following the date of its publication.



Němcová in r.



Klaus r.



Nečas in r.