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Amendment Of The Act On Plant Health Care And Change Some. Other Laws

Original Language Title: změna zákona o rostlinolékařské péči a změna někt. dalších zákonů

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199/2009 Sb.



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on 2 December. may 2012,



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, and Act No. 321/2004 Coll., on wine-growing and

wineries and amending some related laws (Act on

Vineyard and Winery), as amended



Parliament has passed the following Act of the United States:



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., Act No. 102/2010 Coll., Act No.

245/2007 Coll. and Act No. 18/2009 Coll., is amended as follows:



1. At the end of the footnote text no 1, the following sentence "Directive

The European Parliament and of the Council 2009/128/EC of 21 June 1999. October 2009

establishing a framework for Community action to achieve a

sustainable use of pesticides ".



2. In article 2 (2). 1 letter):



"to) the integrated plant protection summary measures, which, after considering

of all available crop protection methods inhibit the development of stocks

harmful organisms, support natural mechanisms of protection against

harmful organisms and reduce the risks to human health and the

environment ".



3. In paragraph 2, at the end of paragraph 1, the period is replaced by a comma and the following

the x's) to z), including footnotes, no 79:



"x) areas used by the general public or by vulnerable groups

^ population 79), in particular, public parks or gardens, public spaces

inside towns, cemeteries, sports fields, recreation areas, parks, or schools

school grounds, playgrounds, areas of medical devices,

providing medical care or cultural facilities,



y) non-chemical methods of alternative methods for the use of chemical

of plant protection products based on agronomic practices, or

physical, mechanical or biological methods of protection from harmful

organisms,



of application of preparations) devices specifically designed for

application of preparations in particular, self-propelled, návěsná, towed, mounted on

the train, the airplane, as well as stationary equipment intended for application

products, portable motor driven or manually operated

equipment and hand held device with a pressure Chamber, including accessories

necessary for the effective operation of such a device, such as in particular the nozzle,

manometers, filters, strainers and cleaning devices for tank.



Article 79). 3 (2). 14 European Parliament and Council Regulation (EC) No.

1107/2009. ".



4. In article 2 (2). 2 (a). h) after the word "person" the words ", including

operators, technicians, employers and self-employed persons "

and the word "pesticides" shall be replaced by the word "preparations".



5. In paragraph 2, at the end of paragraph 2, the period is replaced by a comma and the following

the letters r) to w) are added:



"r) Advisor to the person who, in the course of their business or employment

provides consulting in the area of protection from harmful organisms and

it related plants and the safe use of the products,



with the risk indicator) the result of the calculation method, which is used for

use of risk assessment on the human health or the

environment,



t) mechanizačním means a device for application products and

the technical equipment to control harmful organisms,



u) third-degree certificate, a document certifying that a natural person may

in the context of their professional activities to provide advice in the field of

protection of plants against harmful organisms and with it related

disorders of plants and in the area of the safe use of the products,

distribute products for professional use and organize courses and

training to obtain and renewal of certificates under section 86,



in the second degree certificate) a document certifying that a natural person may

in the context of their professional activities during the use of control

preparations and carry out supervision of the handling of products,

If these activities are not reserved for the holder of the certificate of the third

the degree,



w) certificate of first instance document certifying that a natural person may

to dispose of the products under the direction of the second holder of the certificate or

the third degree of the waste products. ".



6. In section 4, paragraph 2, including footnote 5 is deleted and

paragraph 1 is deleted.



7. § 5, including the title reads as follows:



"§ 5



Integrated plant protection



(1) the measures maintain the use of integrated pest management and products

other methods of protecting plants at levels which can be economically

and ecologically, with the emphasis on growth

healthy crop with the least disruption of agricultural and forest

ecosystems.



(2) professional users are obliged, under the conditions referred to in

paragraph 1 apply, the General principles of integrated pest management, which

they contain, in particular,



and) the methods for monitoring occurrence of harmful organisms and to the protection of

plants of the related disorders of plants and for decision-making in the field of

integrated pest management,



(b)), preventive measures and protection of plants, direct methods that have

the smallest side effects on human health, non-target organisms and the

environment,



c) measures to prevent resistance to harmful organisms products

(hereinafter referred to as "anti-resistance strategies"), and



(d) the success of the authentication method used) measures in the field of

integrated pest management.



(3) the General principles of integrated pest management referred to in paragraph 2 shall set out

the implementing legislation.



(4) State phytosanitary Administration (hereinafter referred to as "plant health management")



and monitoring of harmful organisms), and with the protection of plants

related disorders of plants and the conditions for the spread of harmful

organisms,



(b)) for up-to-date information about the occurrence of publishes of the harmful organisms, including

risk warning thresholds of harm harmful attain the values

organisms and the risk of disorders related to the protection of plants

plants,



c) collects and publishes data on the risk of resistance

harmful organisms to products and on measures to prevent resistance

harmful organisms to products (hereinafter referred to as "anti-resistance

strategy "),



d) ensures the availability of products for the application of the integrated protection

plant and antirezistentních strategies and



e) collects and exposes the methodological procedures for the application of the General

the principles of integrated pest management for plants and plant groups with

using the results of the research base. ".



8. In section 6 (1). 1, the words "subject to the uznávacímu proceedings ' shall be deleted.



9. in section 6 (1). 2, the words ", subject to the uznávacímu proceedings ' shall be deleted.



10. § 6a including title and footnotes # 80 and 81 shall read:



"§ 6a



Laboratory activities in the field of plant health care



(1) to strengthen and coordinate laboratory activities in the field of professional

phytosanitary activities carries out phytosanitary administration responsibilities

the national reference laboratories for the diagnosis of harmful organisms and

national reference laboratories for medicinal products, and other resources on

plant protection products. The national reference laboratory coordinates the activities of

reference laboratories.



(2) the phytosanitary administration authorizes a legal person that logs on

in its challenge, the performance of the professional activities of reference laboratories for

diagnosis of harmful organisms referred to in § 10 (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.

Phytosanitary administration issues a mandate from the submitted documents,

that are part of the application, it follows that



and) a legal person is able to ensure the impartiality, quality and protection

confidential information ^ 80),



(b)) between the implementation of the tasks, the implementation of which is empowered, and its

other activities will not be subject to conflicts of interest and



c) meets the technical requirements for the credential reference laboratories

laid down by the implementing regulation.



(3) the national reference laboratory and reference laboratories shall cooperate with the

Similarly, workplace-focused Member States of the European Union.



(4) the phytosanitary Administration withdraw credentials, if the reference

the laboratory does not follow the requirements or conditions referred to in paragraph 2.



(5) the phytosanitary Administration sent to the Ministry of agriculture (hereinafter referred to as

"the Ministry") a copy of the decision on the issue and withdrawal of credentials and

exposes the list of reference laboratories, including targeting their

activities in the State phytosanitary Administration (hereinafter referred to as

"Official journal").



(6) the credentials of reference laboratories referred to in paragraph 2 shall be deemed to

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


Union governing the performance of the tasks of laboratory testing ^ 81).

The result of the laboratory sample analysis carried out by the laboratories empowered to

to the performance of the tasks of laboratory testing in accordance with the European Union ^ 81)

in another Member State of the European Union is equivalent to the result of the

laboratory analysis of a sample carried out by the national reference laboratory

or a reference laboratory.



80) section 271 of the Act No. 513/1991 Coll., the commercial code, as amended

regulations.



81) Council Directive 2000/29/EC, as amended. ".



11. in paragraph 22 of the paragraph. 3 (b). (d)), and (e)) and in section 26 para. 11 (a). and) the words "§

to in article 25(2). 5 "shall be replaced by the words" § 25 para. 6. "



12. in section 28 para. 8 (a). and) is the number "8" is replaced by "7".



13. in section 33 is at the end of paragraph 2 the following sentence "the toxicological assessment

in cases concerning the use of the product in areas used by the

the general public or by vulnerable groups of the population according to § 2 (2).

1 (b). x) contains conclusions and prohibit its use or manner and

the possibility of its conditional use. ".



14. in paragraph 34, the text at the end of subparagraph (d)), the words "including measures

to protect waters ".



15. In paragraph 34, the existing text shall become paragraph 1 and the following

paragraphs 2 and 3, including footnote # 82:



"(2) the phytosanitary Administration does not allow for non-professional use

preparations on the basis of the assessment of effects on human health, according to § 33

paragraph. 2



a) are classified as toxic or very toxic pursuant to the chemical

the law,



(b)) have been assigned a class and hazard category acute toxicity

category 1 or 2 ^ 80), or



(c)) have been assigned a class and hazard category acute toxicity

category 3 ^ 80) or specific target organ toxicity after

single or repeated exposure category 1 ^ 82), not

reduced risk to human health by laying down further measures.



(3) the product cannot be enabled for the application,



a) in the case of toxic or highly toxic chemical

the law,



(b)) if the product is unsafe or highly hazardous to the terrestrial

vertebrate animals or bees,



(c)) is not a rewording of the air application,

or



(d)) excreted when the air application conclusions set out poison

opinion.



82), annex I, part 3, European Parliament and Council Regulation (EC) No.

1272/2008 on classification, labelling and packaging of substances and mixtures, amending and

repealing directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No.

1907/2006, as amended. ".



16. in § 43 para. 3, the words "application equipment" shall be replaced by

"equipment for preparations".



17. in paragraph 46a is a dot at the end of paragraph 3 is replaced by a comma and the following

the letter g) is added:



"g) distribute the products allowed for professional use only

persons, which ensure that products will be handled only by the holder of the

second or third degree certificate; such preparation may be issued

only the person who is the holder of the certificate of the first, second or third

degree; on distribution and issuance of these products leading distributor

the register, which contains the issue date of the product, the name and quantity of the

issued by the product, the serial number of the certificate the person to whom the product has been

distributed and issued, and the date of issue of this certificate. ".



18. In paragraph 46a is a paragraph 3 shall be inserted after paragraph 4 and 5 are added:



"(4) a Distributor, with the exception of the Distributor, which it places on the market only

preparations for non-professional use, you must ensure that these

products were sold by a person who holds a certificate of the third degree.

This person at the time of their sale provides information concerning the

use of the product, risks to health and the environment and security

instructions on how to avoid these risks.



(5) when placing on the market of the product of the specified non-professional users

the distributor is obliged to provide information relating to

the risks associated with the use of products, in particular information on

the danger of influence of persons or to the environment, ways

proper storage and application of waste, and

its safe disposal in accordance with the legislation of ^ 34), including

for information about how to protect low-risk plants. ".



The current paragraph 4 shall become paragraph 6.



19. in paragraph 48, the following new section 48a, including title and notes

line # 83 and 84:



"§ 48a



National action plan



(1) national action plan for the safe use of medicinal products (hereinafter referred to as

"the action plan") provides quantitative tasks, targets, measures and

their performance schedules to reduce the risks and limit the impact of the use of

products on human health and the environment in order to promote the development and

implementation of integrated pest management and of alternative approaches or

procedures, in order to reduce dependency on the use of products.



(2) the action plan contains in addition to the requirements laid down in paragraph 1

in particular, the



and) harmonised ^ 83) and non-harmonised risk indicators,



b) trends in use of active substances,



(c)) of the active substance, crop, field, or procedures, which should be given to

priority attention



(d)) schedule of good practices for the purpose of achieving safe

the use of products



(e) evaluation of the necessary inspection intervals) device for the application

products, which are not used for spraying products, and additional

device for the application of the products, which are used only in small

the range used by professional users,



f) possible ways of informing people who may be exposed to drift

spray,



g) application of practices to support integrated pest management.



(3) the Ministry in cooperation with the Ministry of health and

The Ministry of the environment creates and evaluates and always

at the latest after 5 years of updates of the action plan.



(4) the Ministry published a draft action plan or update

manner allowing remote access. At the same time, the Ministry shall inform the

the public in the form of a notice in the periodical review of the ^ 84) on the publication of the draft

action plan or its update and about the possibility of people that they

He feels affected, inform the Ministry of comments. The time limit for communication

the comments shall be two months from the date of publication of the draft plan of action, or

his updates.



(5) the action plan approved by the Government. Before submitting its proposal to the Government

the Ministry shall evaluate and take into account the submitted comments on the draft

action plan or update it. General evaluation of the comments,

that is clearly related to the submitted proposal, the Ministry of

be published in a manner allowing remote access. In the event that a comment

have been upheld, publish, whether or not the reason.



(6) the Ministry shall publish the approved action plan in a manner allowing

remote access and immediately announces the Commission of any significant changes in the

the action plan.



83) Appendix IV European Parliament and Council directive 2009/128/EC.



84) § 6 of the law No 46/2000 Coll., on rights and responsibilities for the issue

periodicals and amending some other acts (print

the law). ".



20. In § 49 paragraph 1 reads:



' (1) medicinal products shall not be used contrary to the directly applicable

the EU regulation ^ 67) and this Act, with the exception of the extended

enable or use for purposes of research and development or testing. When

their application shall be



and) contrary to the requirements observed on water protection, bees, deer,

other aquatic organisms and non-target organisms including plants,

laid down in the implementing regulation,



(b) the affected plants and areas) outside the land on which the

the application. ".



21. in paragraph 49, the following paragraph 6 is added:



"(6) the method of compliance with the requirements referred to in paragraph 1 (b). and) lays down the

implementing legislation. ".



22. in § 51 para. 1 (b). (b)), the words ", the Czech environmental inspection

Environment ^ 78) "and the words"; the use of seed treatment with namořeného

a dangerous or especially dangerous for terrestrial vertebrates shall notify 3

days before sowing a lawful user of a hunting license ^ 40), Czech inspection

Environment ^ 78) and plant health management "including notes below

line no. 78 are hereby repealed.



23. in § 51 para. 4, the words "the competent authority of the State Veterinary

the Administration "is replaced by" regional Veterinary Administration "and the words" the competent

authority of the State Veterinary Administration "shall be replaced by the words" the regional

animal health management ".



24. In paragraph 51, paragraph 7 shall be deleted.



The present paragraph 8 shall become paragraph 7.



25. section 52 including title and footnotes # 85:



"§ 52



Aerial application products



(1) aerial application of products is prohibited, unless stipulated

otherwise.



(2) Air application can only be done from a plane or helicopter, if

allowed to plant management, and on the basis of



and aerospace applications) the approved plan and subsequent applications for authorisation

each air application, or



(b) the application for authorisation) extraordinary air application.



(3) the plan air application contains, in particular,



and) details of the estimated time of spraying and preliminary amount and type


applied products



(b)) the measures necessary for the early warning of locals and random

bystanders and risk management measures to ensure that the

There are no negative effects on the health of randomly occurring

people,



(c)) the measures necessary to protect the environment in the vicinity of the

the treated area,



(d)) the definition of the area in which it is intended to serve air applications.



(4) the measures referred to in paragraph 3 (b). (b)), and (c)) must be in accordance with the

the opinions of the Czech environmental inspection and the regional hygiene

the station, which is annexed to the application.



(5) the phytosanitary administration at the request of the person who will perform the

Air application, approve the plan if the air application, from the design of the plan

Air application, which is annexed to the application, it follows that



and there are no other acceptable) alternatives, or in a particular

the case of the aerial application of lower impacts on human health and the

environment than land application products



(b)) used products are allowed to use the air application



(c) the person performing the air application) is the holder of the authorisation to

operation of air work under a special legal regulation ^ 85),



(d)) the equipment used for application products meets the requirements of

established by this Act,



(e)) the person performing the air application has provided the performance of air

application by a natural person, that is by a competent person for the

waste products,



(f) preparations for the application) the device is equipped with accessories that

represents the best available technology to ensure the restriction

unwanted drift,



(g)) the area to be treated must not be in close proximity to permanently

residential areas.



(6) the application for authorisation of an individual or an air application in addition to the

requirements under the administrative code contains



and the time of spraying,)



(b)) the quantity and type of applied products



(c) the precise identification of the area)



(d)) name, or the name and surname of the person who will be the air application

to perform,



e) name, or the name and surname of the person it will air

application to perform,



f) design measures necessary for the early warning of local residents and

bystanders,



(g)) the draft of the measures necessary to protect the environment in the vicinity of the

the treated area.



(7) the phytosanitary administration at the request of the person who will be air

applications to perform single air application, permit, if

accordance with the approved plan of the air application, and the decision shall determine the

risk management measures, in particular



and) the measures necessary for the early warning of locals and random

bystanders,



(b)) the measures to protect the environment in the vicinity of the treated

area and



c) of the measures to ensure that there are no negative

effects on the health of the bystanders.



(8) in the event that there is a serious economic damage, endangering the health of the

people or animals, or a threat of serious harm to the environment, enables

phytosanitary administration at the request an extraordinary air

the application. In the decision on the authorisation of the extraordinary air application

phytosanitary administration lays down the conditions for the implementation of the air

applications that comply with the requirements referred to in paragraph 5 and the measures

pursuant to paragraph 7.



(9) decision to allow individual applications or for authorisation of the extraordinary

the application declares the phytosanitary Administration on its notice board and official

boards, municipal authorities, whose territorial districts, the decision refers to.



(10) the municipal authorities referred to in paragraph 9 shall inform the residents about the content

the decision follows in the usual place.



85) section 74 of the Act No. 49/1997 Coll., on Civil Aviation, as amended by Act No.

225/2006 Sb. ".



26. in paragraph 52, the following new section 52a and 52b including heading, and

footnotes # 86 and 87 shall be added:



"§ 52a



Specific measures to protect the aquatic environment and drinking water



The application and storage of medicinal products shall be prohibited within a distance of 10 metres

from the underground source of drinking water or surface ^ 86) for this

source protection zone has been established by the Water Act. Distance

10 metres from the sampling device.



§ 52b



Limitation of the use of or the risk of the use of certain

areas



(1) during the use of the protected territories according to a special

legislation in the field of nature protection ^ 87) is a professional

the user shall be obliged to take measures to minimise the risk of the application

preparation for the environment, non-target organisms and biodiversity.

The provisions of the special legal regulation in the field of nature protection ^ 87)

This does not affect.



(2) on the grounds and in the buildings, in which treatment is to be carried out

product, will give priority to professional user when this treatment

products presenting a low risk ^ 67) or adopt measures

to reduce the risks to the health of the people, if the land or

objects used or to have access to workers in agriculture,

or of the areas used by the general public or by vulnerable

groups of the population.



86) Act No. 254/2001 Coll. on waters and on amendments to certain acts (the water

Act), as amended.



87) Act No. 114/1992 Coll., on nature and landscape protection, as amended by

amended. ".



27. in § 54 para. 1, the words "or micro-organism" shall be deleted.



28. in § 54 para. 2, the second sentence shall be deleted.



29. in § 54 para. 12 is the number "8" is replaced by "11".



30. section 55:



"§ 55



A person who has been issued a decision on registration of the next resource

the official registry, is required to mark the additional resources that the placing on the

the market, the information provided for the implementing regulation. ".



31. in section 60 paragraph. 1 (b). and) the words "their newly stored

products or other resources that moved from another Member

State of the European Union or imported from third countries, including the name and

lot numbers "are replaced by the words" the name of the medicine or other resource, and

the amount of each lot numbers, which moved from another

the Member State of the European Union or imported from third countries ".



32. In article 60, the following paragraph 5, including the footnotes.

88:



"(5) the method of record keeping for used products professional

^ 88) lays down detailed legislation.



Article 88). 67 para. 1 European Parliament and Council Regulation (EC) No.

1107/2009. ".



33. section 61 to 65, including headings and footnotes # 89-91:



"§ 61



Device for application products



(1) for the application of the products, which are used for application

medicinal products within the business (hereinafter referred to as "professional device for

application products "), with the exception of handheld devices for your application

preparations and sprinkles, must be subject to the inspection

testing under this Act.



(2) equipment for application of products may only be used within the business to

application of preparations is the only person responsible for the management of

preparations.



(3) the operator of a professional equipment for preparations must

keep the device in an appropriate technical condition, to carry out its

calibration and check to ensure the correct and high-quality application

even in the period between regularly carried out by the inspection tests.



(4) the operator of a professional application products

procedures for its use, depending on the species and how the application

products so as to minimize risks to human health and the

environment.



(5) the operator of a professional application products

adheres to established procedures for the preparation of spray and for

professional cleaning equipment for the application of the products.



(6) the phytosanitary administration checks the use of professional

device for the application of the products.



(7) the implementing legislation provides for



and maintenance procedure) the details and professional equipment for calibration

application of products referred to in paragraph 3,



(b) the restriction of the use of individual professional) device for the application

products and procedures for their use, depending on the species and how the

the application of preparations leading to minimise the risks for the protection of the health and

of the environment in accordance with paragraph 4,



c) procedures for the preparation and for spray cleaning

professional equipment for the products referred to in paragraph 5.



§ 62



Device for the application of preparations the restrictive side fling products



(1) the requirements for limiting unwanted drift products lays down detailed

legal prescription.



(2) the phytosanitary administration leads and publishes in a manner allowing

remote access overview for device application products in terms of

limit unwanted drift of preparations.



(3) when using a drift reducing techniques preparations may not be for

conditions laid down in an implementing regulation complied with the trade

the distance specified in the decision on the authorisation of the product.



§ 63



Evidence of professional equipment for application products




The establishment of a surveillance testing within their findings when carried out

the control of professional equipment for preparations to be transmitted without

undue delay remote access in the register of professional

device for the application data in the range of products



and) the name or first and last name, or the name of the owner of the

professional equipment for the application of the products,



(b)) the name or first and last name, or the name of the holder

professional equipment for the application of the products, if the person is different

from the owner,



(c)) identification of professional equipment for the application of the products,

which has undergone the inspection test,



(d)), whether the professional device for application products

meet the requirement or not,



(e) the date of implementation of the control test),



(f)) for an overview of deficiencies found,



g) a list of issued documents on performance of professional

device for the application of the products,



(h) the name of the establishment of the control test).



§ 64



Control testing



(1) audit testing lies in the examination of the eligibility of the

professional equipment for the application of the correct application

preparations according to the technological requirements of the professional device for

the application of the products.



(2) the audit testing carried out phytosanitary administration or

the operator control testing. Based on the outcome of the inspection

testing will issue a phytosanitary administration or control operator

certificate of competence of professional testing equipment

application of preparations along with the results of the testing for the needs of

the owner or the holder of a professional application products

and mark the device inspection sticker.



(3) a certificate of proof testing certificates issued in other

the Member States of the European Union shall be considered as certificates referred to in paragraph

2, in the Outbox if since the last inspection carried out by testing it in another

Member State of the European Union the period longer than the time limit for inspection

testing provided for under this Act.



(4) Implementing law provides



the time limits for implementation) surveillance testing of professional equipment

for the application of the products,



(b) professional requirements) technological equipment for the application

products,



(c) technological process control testing) professional equipment

for the application of the products,



(d)) the technical conditions for professional testing equipment

for the application of the products,



(e)) the details and the model of competence of professional equipment

for the application of the products,



(f)) and the pattern of inspection stickers referred to in paragraph 2.



§ 65



The operator control testing



(1) the operator of a surveillance testing is required to follow

technological requirements on professional equipment for the application

the products and the technological procedure for carrying out the inspection

testing, which are laid down in the implementing regulation.



(2) the operator of a surveillance testing leads an interim registration

professional equipment for products, which was

to undergo testing, that contains the information referred to in section 63.



(3) the Condition for the issue of a trade licence for the operation of

concession trades ^ 89), on the basis of which it is the operator in

specific establishment authorized to perform testing

professional equipment for preparations, it is the opinion of the

plant health management. Natural or legal person to the application for

the concession shall communicate outside the formalities established by the special legal

^ Law 90) the address of the location of the plant and shall be accompanied by the technical

documentation facilities of an establishment. In the opinion of phytosanitary administration

indicate whether the establishment and its equipment corresponds to the technical conditions for

professional testing equipment for application products

laid down in the implementing regulation.



(4) The Trade Licensing Office will limit ^ 91) the operation of the concession

trades in accordance with paragraph 3 of the approved establishment.



(5) the performance of the control test checks the phytosanitary administration.



89) section 26 of Act No. 455/1991 Coll.



90) section 50 of the Act No. 455/1991 Coll.



section 27, paragraph 91). 3 of Act No. 455/1991 Coll. ".



34. section 66 and 67, including a common title and footnotes # 43

up to 47 shall be deleted.



35. In § 71 para. 1 (b)), and (c)):



"(b)) decides on the basis of requests for credentials, educational establishments,



(c)) provides for the main tasks of the plant health care in the area of science and research

with a focus on research methods of integrated pest management, in particular

non-chemical methods of plant protection and plant protection methods

using products with a low risk, ".



36. In § 71 para. 1 (b). (f)), the word "registered" is replaced by

"allowed".



37. In § 72 para. 4 (b). (d)), the words ", the operation of the technical

device to control harmful organisms and labelling wooden packing

material ' shall be deleted.



38. In § 72 para. 4 (b). (e)), ' 78 "shall be replaced by ' 77 and Section 79a

to 79i ".



39. In § 72 para. 5 (b)) shall be deleted.



Subparagraph (c)) and m) shall become point (b)) to (l)).



40. In § 72 para. 5 letter h) is added:



"h) decides on the basis of applications for the credentials of the natural or legal

the person carrying out the professional phytosanitary activities provided for in §

paragraph 81. 1. "



41. In § 72 para. 6, the words "registration of medicines and other resources"

replaced by the words "issued authorisations for and about the enable

registration of additional resources into the official registry "and the words" machinery

resources "shall be replaced by" devices for application of preparations ".



42. In § 72 para. 7, the words "the State Veterinary Administration" shall be replaced by

"veterinary administration bodies".



43. In paragraph 72, at the end of paragraph 10, the following sentence "Phytosanitary

Management shall make available, in particular, information about the possible effects of

plant protection products on human health, Toxicological information

Centre. ".



44. In § 72 para. 12, the word "on" is replaced by "monitors the effectiveness of the

genetically modified organisms used in the protection of plants and

resistance of the harmful organisms, genetically modified products

organisms and ".



45. In article 73 paragraph 2 reads as follows:



"(2) the municipal authorities of carrying out the scope of the protection of bees, according to § 51

paragraph. 2 and 6, and in the field of aerospace applications pursuant to § 52 para. 8. ".



46. In section 74 para. 1 at the end of the text of the letter b), the words "and of the

integrated plant protection (section 5) ".



47. In section 74 para. 1 (b). (h)), the words "the conditions referred to in the decision

write the resource into the official registry of the mechanized (article 63),

provisions on the use and control of testing automation

[§ 3, paragraph 1 (b)), section 66 and 67] "shall be replaced by" the provisions of the

use and inspection testing equipment for preparations ".



48. In section 74 para. 1 letter i) reads as follows:



"i) requirements relating to the



1. the performance of the professional phytosanitary activities responsible for the physical and

legal persons (§ 6a and 81),



2. the activities of consultants (§ 85) or people doing business on the basis of

trade licence, including compliance with the conditions of the professional

eligibility for these activities (section 86), ".



49. In section 76 para. 1 (b). (h)), the words "machinery"

shall be replaced by "devices for application of preparations".



50. in § 76 para. 2 (a). (e)), point 1, the words "mechanization means"

shall be replaced by "devices for application products" and the words "§ 61 and 63

paragraph. 1 and 3 "shall be replaced by the words" § 61, 62 and 64 ".



51. In § 79 paragraph 2. 1, letter a) is repealed.



Subparagraph (b)) to (n)) shall become letters and) to m).



52. In § 79 paragraph 2. 1 (b). I), the words "and machinery, according to the

§ 63 ' shall be deleted.



53. In § 79 paragraph 2. 1 (b). j), the words "machinery, according to the SEC.

66 "is replaced by" products "for the application device.



54. In § 79 paragraph 2. 1 (b). m), the words "the national reference laboratories and"

shall be deleted.



55. In § 79 paragraph 2. 4 (b). (d)), after the word "interest" the words "or

extension to enable the minority to use in the public interest ".



56. In Section 79a of the paragraph. 1 (b). and), the word "or" is deleted.



57. In Section 79a of the dot at the end of paragraph 1 is replaced by a comma and the following

subparagraph (c)), and (d)), which read as follows:



"(c)) as a professional user shall not apply the General principles of integrated

protection of plants according to § 5 para. 2, or



(d) fails to return the certificate referred to in §) 86 para. 6. ".



58. In paragraph 79c paragraph. 1 (b). c) point 2, the words ", 2, 3 or 4" are deleted.



59. In paragraph 79c paragraph. 1 at the end of the text of subparagraph (d)), the words ",

or § 52-52b ".



60. In paragraph 79c paragraph. 1, the following point (d)) the following point (e)), which read as follows:



"e) in their professional activity shall be treated with medicines without a certificate of

competence for dealing with preparations required under this

the law ".



Subparagraph (e)), and (f)) are known as the letters f) and (g)).



61. In article 79c, the following paragraph 3 is added:



"(3) for the offense referred to in paragraph 1 (b). and) or (b)), (b). (c)), section 2 and


(a). In addition to the fine, d) can save the penalty of disqualification for 2 years. ".



62. In paragraph paragraph 1 .79e reads as follows:



"(1) a legal entity or individual entrepreneur commits

the administrative offense by



and as a professional user does not apply) General principles of integrated

protection of plants according to § 5 para. 2,



(b)) in violation of § 43 para. 8 as a permit holder fails to deliver

the phytosanitary administration at the request of the



1. the standard analyte contained active substances or active ingredient

affixed with a certificate of analysis,



2. analytical standards toxicologically or ecotoxicologically significant

dirt, or



3. the sample in the intact the sales packaging of the corresponding serial number

(batch) or an additional resource placed on the market in the Czech

Republic, in quantities strictly necessary to perform the inspection

analysis and within the time and at the place specified by the phytosanitary administration,



(c) distributes the product or other) resource in violation of § 46 para.

3,



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

usability,



e) contrary to section 54 para. 1 on the market or use another means of

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



(f)) use the next resource in violation of § 54 para. 14,



g) launch another means of unmarked pursuant to § 55, or uses

another resource in conflict with his marking,



h) fail to comply with the notification, information or book the obligation under section 60,



I) application uses the products in violation of § 64,



j) as a manufacturer of treated wood packaging material produced wood

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



k) it wrongly tag for labelling of treated wood

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



63. In section 79e para. 1 the introductory part of paragraph 1, the provisions, section 79 grams. 1 introductory part

provisions and section 79 h of paragraph 1. 1 introductory part of the provisions

"Legal person" the words "or individual entrepreneur".



64. In section 79e para. 1 (b). (b)), the words ", other resource or

mechanization of the resource that is not allowed, "shall be replaced by the words" or

other means, which are not allowed "and the words" relating to the marketing of

product on the market "shall be replaced by the words", it's the application

which, in violation of the law has not been tested by experiment ".



65. In section 79e para. 1 (b). (c)), the words "paragraph. 1 or fails to comply with the method

detection or control of pest in stored

plant products as determined by the implementing regulation issued

on the basis of § 4 para. 2 ' shall be deleted.



66. In paragraph 79 grams of paragraph 1. 1 (b). (c)), the words "§ 36 odst. 5 "shall be replaced by the words" §

35 para. 5. "



67. In paragraph 79 grams of paragraph 1. 1 (b). g), the words ", 2, 3 or 4" are deleted.



68. In section 79 grams of paragraph 1. 1 letter h) is added:



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

to secure the performance of the activities of the holder of a certificate of professional

eligibility for the preparations required under this

the law ".



69. In paragraph 79 grams of paragraph 1. 1 at the end of the text of the letter i), the words ",

or § 52-52b ".



70. in paragraph 1 of section 79 grams. 1 (b). l), the word "or" is deleted.



71. In paragraph 79 grams with a dot at the end of paragraph 1 is replaced by a comma and the following

letters n) to r) are added:



"n) marketed product or adjuvant, which is not in the Czech Republic

allowed by the directly applicable European Union legislation governing

the placing of the market of ^ 67),



about) violates the obligations when distributing products or other resources

pursuant to section 46a para. 3 (b). g) or section 46a para. 4 or 5,



p) violates the obligations for keeping records that are stored in this

by law or directly applicable EU regulation governing the

record keeping,



q) violates the obligation to promote the products provided for directly

the applicable law of the European Union governing the placing of

^ market 67), or



r) fail to comply with the measures imposed by the phytosanitary administration under section 75 or

extraordinary plant health measures under section 76 para. 1. "



72. In paragraph 79 grams, the following paragraph 3 is added:



"(3) for the administrative offence referred to in paragraph 1 (b). and), c), (g)), i) and (j)) can be

In addition to the fine, sanction the disqualification in 2 years. ".



73. In section 79i para. 2 the word "fine" replaced by the word "sanctions".



74. In section 79i to after paragraph 2 the following paragraph 3 is added:



"(3) the prohibition on Strike action can be legal entity save, if the administrative

offence has been committed in connection with such activities. ".



Paragraphs 3 to 7 shall become paragraphs 4 to 8.



75. The heading of title IX is added:



"THE COMPETENCE TO EXERCISE THE PROFESSIONAL PLANT HEALTH ACTIVITIES AND

COMPETENCE FOR DEALING WITH PREPARATIONS ".



76. section 81 including title:



"§ 81



Authorisation to carry out professional plant health activities



(1) the professional plant health activities, to whose performance can also be

delegate, are



and monitoring including associated diagnostic) harmful organisms

other than those referred to in section 10, paragraph 1. 1 and harmful organisms against

the introduction or the spread are made pursuant to § 7 para.

4 or under section 11 (1) 2 and 3, and provision of information for decision-making

in the area of integrated pest management,



b) monitor the effectiveness of the genetically modified organisms used in

plant protection, reviews of resistance to harmful organisms products

and genetically modified organisms, and the evaluation and

checking of professional equipment for the application of the products,



(c) monitoring of adverse side effects) of a folder

of the environment and



(d) the presence of harmful organisms) the survey 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.



(2) the implementation of the professional phytosanitary activities referred to in paragraph 1

(a). ) to c), you can instruct the legal or natural person, if this

a person makes based on plant health management application and challenges



and) meets the conditions of competence pursuant to § 84,



(b)) shall ensure the protection of confidential information, the objectivity of the results and

the fact that between the implementation of the activities, the implementation of which should be

responsible for, and the implementation of its other activities, there is no conflict of

interests, and



c) demonstrates that its spatial, instrumentation and material equipment

corresponds to the range of professional activity, for which the implementation is to be commissioned,

and allows her high-quality implementation and evaluation.



(3) the implementation of the professional phytosanitary activities referred to in paragraph 1

(a). d) can authorize only the legal entity which is established by exclusively

to perform the tasks of public interest in the field of agriculture or of the

the environment, it shall on the basis of plant health management application and challenges

It meets the requirements set out in paragraph 2.



(4) on the issue and the removal of credentials to perform professional

plant health activities is decided by the phytosanitary administration, which

in the framework of the mandate shall obtain the opinion of the Ministry.



(5) a copy of the decision to issue and withdraw the credentials to perform professional

plant health activities is sent by the phytosanitary administration

the Ministry.



(6) the credentials it issues phytosanitary administration at the request of legal or

individuals with prior verification of compliance with the requirements laid down in

paragraphs 2 and 3. The credentials shall be issued for a period of 5 years and can be removed,

If it is proven that the authorized person no longer meets one or more of the

the requirements set out in paragraphs 2 and 3.



(7) If the designated officer shall notify that it will no longer support the phytosanitary

the activities referred to in paragraph 1 shall cease to perform, credentials to perform

Professional plant health activities on the date of receipt of such notification

the phytosanitary administration. ".



77. In section 82 para. 1 (b). (b)), after the words "paragraph 81. 1 (b). (b)), or (c)) "

the words "or laboratory activities in the field of plant health

care, including sampling ".



78. In section 82 para. 2 a) and (b)):



"accredited graduates of master's degree) or a doctoral degree

programs: plant health ^ 59),



(b)) Alumni lifelong learning programmes: plant health ^ 60)

colleges taking an accredited study programmes in the field of

agriculture or natural sciences and intended for graduates of other

accredited degree programs, or ".



79. In § 82 para. 3 letters a) to (c)):



") are graduates of accredited bachelor's degree programs

plant medicine ^ 59),



(b)) have secondary education with a GCSE in the plant health field

or plant health, or



c) secondary education to GCSE or higher professional education in the

the field of education, viticulture, horticulture, forestry and Agriculture and

practice for at least two years in the field of medicine, ".



80. In the heading of section 84, the words "and persons providing technical assistance

natural and legal persons "are deleted.



81. In paragraph 84 of paragraph 1. 1, the word "some", the words "of the Ministry under section 71


paragraph. 1 (b). (b)), and (c)) or "and the words" pursuant to § 72 para. 5 (b). I) and on the

persons providing assistance in accordance with § 5 "are deleted.



82. In paragraph 84 of paragraph 1. 3, the words "its professional representative" are replaced by the words

"an employee who directly provides professional plant protection activities,

for whose implementation is entrusted to the legal person ".



83. section 85 of the title, including:



"§ 85



The competence for advice on protection against harmful

organisms and in the area of the safe use of medicines



(1) a natural person may, in the course of their business or employment

perform for the other persons advice on protection against harmful

organisms and related plants, and in the area of safe

the use of products only if they hold a valid certificate of

professional competence pursuant to § 86 para. 3 and



and meet the conditions of professional qualification) rostlinolékaře pursuant to § 82 para.

2 or § 82 para. 3 (b). and) or § 82 para. 5,



(b)) have secondary education with a GCSE or vocational

education in the field of plant health, education and at least three years ' professional

practice the same focus, or



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

doctoral programs in the areas of farming, agriculture

or forestry, or have secondary education with graduation examination or

higher professional education culminating in the production of the discharge

agricultural and forestry sectors, and have at least four years experience in

the field of medicine or health product, or passed the examination of the

partial (Professional) qualifications "consultant in plant protection" according to the law

governing the validation and recognition of results of further education.



(2) Commercial business ^ 12) in the field of advisory services in the field of protection of

against harmful organisms and related plants, and in

the area of the safe use of medicines can only persons who satisfy

the requirements laid down in paragraph 1. ".



84. section 86, including the title reads as follows:



"Competence for dealing with products



§ 86



(1) a natural person who, in the context of their professional activities shall be treated with

products under the supervision of the holder of the certificate of the second grade or third

instance, must be certified in the first degree. This certificate

a natural person shall issue after completing the basic course training

in charge of the Ministry. The certificate is issued with a validity period of 5 years.

After the expiry of the validity of this certificate shall issue an educational establishment on the

the basis of passing a supplementary training new certificate of first instance

valid for 5 years.



(2) a person who in the course of their professional activities used products

must ensure that the management of products followed and engaged over it

supervision means a natural person who holds a certificate of the second degree.

Holder of the certificate of the second degree is eligible for the activities of the holder of the

certificate of first instance. The second level shall issue certificates

phytosanitary administration natural person who satisfies the conditions of training

for rostlinolékaře according to § 82 para. 2 or 5, or completing a basic

the course and successfully executes the test. The certificate is issued with validity for a period of

5 years. The validity of this certificate can be extended on the basis of the passing

complementary training.



(3) a person who in the course of their professional activities



and provides advice on) plant protection from harmful

organisms and related plants, and in the area of safe

the use of products



b) distributes products for professional use, or



c) organizes basic courses to obtain the certificate of first and second instance,

additional training for the renewal of certificates, the second and third degrees and

additional training to obtain a new certificate in the first degree,

These activities through a natural person who is

the holder of the certificate of the third degree. Holder of the certificate of the third degree is

to be eligible for the activities of the holder of the certificate of the second degree, and the first

the degree. Third degree certificate will issue a phytosanitary administration of physical

a person who satisfies the conditions of training for rostlinolékaře according to § 82

paragraph. 2 or 5, or successfully execute a test. The validity of this certificate

can be extended on the basis of the completion of the supplementary training and successfully

the tests carried out.



(4) the phytosanitary administration extends the validity of certificates of the second or

the third degree about 5 years on the basis of an application filed by the holder of the certificate

before the expiry of its validity, if the applicant at the time of

the original of the certificate has met the conditions to renew certificates

in accordance with paragraph 2 or 3. Request shall be made directly to the plant management

or through the educational institution at which the applicant

He completed additional training; This educational establishment in such a

the case follows the request of plant health management with proof of

completion of training.



(5) where the validity of the certificate has ended the second degree, it is possible the new

second grade certificate obtained only by passing the basic

the course and the successful execution of the tests referred to in paragraph 2. If expired

validity of the certificate of the third degree, it is possible to issue a new certificate of the third

degree obtained only on the basis of the successful execution of the tests in accordance with

the third sentence of paragraph 3.



(6) If a holder of a certificate is imposed the ban on the activities of the

consisting in the prohibition of the disposal of products, this person is obliged to

surrender of certificate for the management of phytosanitary products manage to

5 working days from the date when the decision came, which was

the sanctions ban imposed. Authority that a penalty be imposed ban

activities held is obliged to its store without undue delay

inform the plant protection management.



(7) the person who was the holder of certificate for waste products and

that disqualification is imposed, consisting in the prohibition of

waste products, can after the execution of this penalty or the abandonment of the

the rest of the performance penalties apply phytosanitary Administration for repayment of the

If the certificate has not expired term expires. Repayment

certified by the competent instance is that the conditions for obtaining it.



(8) by a competent person for the handling of products is regarded as the

a person who has acquired the professional ability for the treatment of products in the

the appropriate scope of activity carried out in another Member State. '.



85. in paragraph 86, the following new section 86a and 86b shall be inserted:



"§ 86a



(1) basic courses in accordance with § 86 para. 1 and 2 and the supplementary training referred to in §

paragraph 86. 1 to 3 educational institution to carry out this activity

the Ministry.



(2) to provide knowledge concerning the protection of human health are

be entitled to public health authorities ^ 23a).



(3) the Ministry shall decide on the credentials of the educational establishment, if

educational facilities together with the application documents, which shall submit to the

demonstrate that the



and ensure the implementation of the educational establishment) teaching certificate

the third degree,



(b) the device has adequate) training technical security

for the organisation of basic courses and additional training, which provides for the

the implementing legislation,



(c)) the content and scope of courses and additional training base corresponds to the

the requirements of this Act and



d) educational establishments has included training in the course of its activities.



(4) the Ministry shall decide on the withdrawal of credentials, if the educational

device breaks the conditions of the educational credentials of the equipment referred to in

to paragraph 3.



(5) the Ministry leads in order to pursue delegation of competence

educational facilities and information of the public records of educational

responsible for equipment referred to in paragraph 3, which contains the name of the educational

the device, the date and the date the withdrawal of credentials the credentials of the educational establishment.



section 86b



(1) the phytosanitary administration



and) ensures, in agreement with the competent local authorities of protecting public

Health ^ 23a) holding the tests laid down for obtaining the second and

the third degree and Announces dates for their meeting, and at least 1

the year before the date of their meeting,



(b)) keeps records of certificates of professional competence for the management of

preparations.



(2) the investigator shall rostlinolékaři for the tests laid down for obtaining

the second and third grade certification tests must be in possession of a certificate

the third degree.



(3) Implementing law provides:



and the content and scope of) basic course for the issue of a certificate of first instance

and additional training for the issue of a new certificate in the first degree and

the particulars of the certificate of the first degree,



(b)) content and scope of basic course and supplementary training for release and

extension of validity of the certificate of the second degree, the scope and

to perform the test and requirements for the second degree, certificate



(c)), the scope and performance of the test for the issuance of the certificate of the third

degree, the content and scope of the supplementary training and the extent and method of making

tests for the extension of the third degree and certificate


the particulars of the certificate of the third degree,



(d) technical security requirements) for the organisation of basic courses and

complementary training. ".



86. In article 87, paragraph 2 reads as follows:



"(2) Evidence of professional equipment for application of preparations led by

plant protection management is used to the exercise of State administration

checks of professional equipment for the application of the products. Registration

include the following information:



and) name and surname, or name of the owner of the professional equipment for

the application of the products,



(b)) first and last name, or the name of the holder of a professional equipment for

the application of the products, if it is a person different from the owner,



(c)) identification of professional equipment for the application of the products,

which has undergone the inspection test,



(d) the date of implementation of the control test),



(e)), whether the professional device for application products

meet the requirement or not,



(f)) for an overview of deficiencies found,



g) a list of issued documents about the performances of the device,



(h) the name of the establishment of the control test). ".



87. In paragraph 87, paragraph 4 shall be inserted after paragraph 5 and 6 are added:



"(5) in the register of certificates of professional competence for the management of

products leads the phytosanitary Administration for the purposes of a plant

the supervision and certification of second and third instance data in the range



and) the name or names, and surname of the holder of the certificate of the second and

the third degree,



(b)) or residence place of residence, and the date and place of birth

holder of the certificate of the second and third degree,



(c) the serial number of the certificate), second or third degree,



(d) date of test,)



(e) the date of issue of the certificate), second or third degree,



(f) the period of validity of the certificate), second or third degree,



(g)) the name of the educational institution, which has carried out the basic course for the

issue of the certificate the second degree or additional training for extension

validity of the certificate of the second degree or third degree,



h) the name or name, surname, place of residence or

of residence, and the date and place of birth of the person that is imposed

the prohibition of activities consisting in the prohibition of handling products,



I) date of the decision imposing penalties

the prohibition of activities consisting in the prohibition of the preparations and the date

termination of this penalty.



(6) the information about the holder of the certificate of the second and third degree in the register

pursuant to paragraph 5 shall keep for a period of 3 years from the date of expiry of the

certificate. ".



The present paragraph 5 shall become paragraph 7.



88. In § 88 para. 1 letter c) is added:



"(c)) on the devices for application of preparations for the implementation of § 61 para. 7, § 62

paragraph. 1 and 3 and § 64 para. 4. "



89. In § 88 para. 1 (b). (d)), the number "8" is replaced by "7".



90. in paragraph 88, the dot at the end of paragraph 1 is replaced by a comma and the following

the letter e), which reads as follows:



"e) to implement section 5 para. 3. ".



91. In § 88 para. 3 the words "§ 31 para. 6, § 37 para. 2, § 45 para. 13,

§ 46 para. 1 and 4, § 49 para. 2, § 54 para. 3 and 4 and § 55 "are replaced by

the words "§ 31 para. 6, § 37 para. 2, § 45 para. 13, § 46 para. 1 and 6, §

paragraph 49. 1 and 6, § 54 para. 3 and 4, section 55 and section 60 paragraph. 5. "



92. In paragraph 88, paragraph 4 reads:



"(4) the Ministry will issue a decree to implement section 86b para. 3. ".



93. In § 88 paragraph 6 is added:



"(6) the Ministry shall issue a decree, which lays down the technical requirements for

the credentials of the reference laboratories to implement section 6a of paragraph 1. 2 (a). c).“.



Article. (II)



Transitional provisions



1. persons who are holders of a certificate of professional competence for

preparations on the basis of exam provided by the State

phytosanitary administration in accordance with law No. 326/2004 Coll., on

plant health care and amending certain related laws, in

the version in force until the date of entry into force of Act No. 326/2004 Coll., on

the version in force from the date of entry into force of this law, shall be construed as

holder of the certificate of the third degree under this Act. Such persons and

persons with education pursuant to § 82 para. 2 and 5 of the Act No. 326/2004 Coll., on

the version in force from the date of entry into force of this Act, at their request,

issues from 1. January 2013 State phytosanitary Administration certificate

or third degree.



2. Until 31 December 2006. December 2012, you can obtain the certificate of professional competence

for the disposal of products on the basis of Act No 326/2004 Coll., as amended by

effective until the date of entry into force of this Act.



PART TWO



Amendment to the Trade Licensing Act



Article. (III)



Act No. 455/1991 Coll., on trades (Trade Act),

as amended by Act No. 234/1992 Coll., Act No. 586/1992 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. 82/1998 Coll., Act No. 157/1998 Coll., Act No.

167/1998 Coll., Act No. 159/1999 Coll., Act No. 359/1999 Coll., Act No.

363/1999 Coll., Act No. 360/1999 Coll., Act No. 363/1999 Coll., Act No.

27/2000 Coll., Act No. 29/2000 Coll., Act No. 121/2000 Coll., Act No.

122/2000 Coll., Act No. 121/2000 Coll., Act No. 128/2000 Coll., Act No.

149/2000 Coll., Act No. 151/2000 Coll., Act No. 155/2000 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. 406/2000 Coll., Act No.

458/2000 Coll., Act No. 61/2001 Coll., Act No. 100/2001 Coll., Act No.

120/2001 Coll., Act No. 164/2001 Coll., Act No. 257/2001 Coll., Act No.

273/2001 Coll., Act No. 477/2001 Coll., Act No. 483/2001 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. 312/2002 Coll., Act No.

320/2002 Coll., Constitutional Court, declared under no. 476//2002

Coll., Act No. 88/2003 Coll., Act No. 130/2003 Coll., Act No. 161/2003

Coll., Act No. 222/2003 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. 257/2004

Coll., Act No. 326/2004 Coll., Act No. 499/2004 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., Act No. 358/2005

Coll., Act No. 428/2005 Coll., Act No 444/2005 Coll., Act No. 62/2006

Coll., Act No. 76/2006 Coll., Act No. 109/2006 Coll., Act No. 115/2006

Coll., Act No. 137/2006 Coll., Act No. 159/2006 Coll., Act No. 165/2006

Coll., Act No. 179/2006 Coll., Act No. 186/2006 Coll., Act No. 191/2006

Coll., Act No. 216/2006 Coll., Act No. 216/2006 Coll., Act No. 225/2006

Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll., Act No. 160/2007

Coll., Act No. 261/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007

Coll., Act No. 130/2008 Coll., Act No. 189/2008 Coll., Act No. 230/2008

Coll., Act No. 254/2008 Coll., Act No. 274/2008 Coll., Act No. 227/2009

Coll., Act No. 285/2009 Coll., Act No. 145/2010 Coll., Act No. 155/2010

Coll., Act No. 160/2010 Coll., Act No. 424/2010 Coll., Act No. 427/2010

Coll., Act No. 73/2011 Coll., Act No. 152/2007 Coll., Act No. 350/2011

Coll., Act No. 351/2007 Coll., Act No. 355/2007 Coll., Act No. 375/2011

Coll., Act No 420/2007 Coll., Act No. 428/2007 Coll., Act No. 458/2011

Coll., Act No. 53/2010 Coll. and Act No. 119/2009 Coll., is amended as follows:



1. In article 3, paragraph 3. 3 at the end of paragraph dot replaced with a comma and the following

the letter, etc), including footnote # 53:



"etc) the implementation of the professional phytosanitary activities under the Special

^ Law 53).



53) section 81 of the Act No. 326/2004 Coll., on phytosanitary care and amendments

some related laws, as amended by Act No. 199/2009 Sb. ".



2. in annex No. 2 TRADES with a trade-BOUND with the business

"Diagnostic, testing and counseling activities in the protection of plants and

care of the plants, plant products, objects and soil against

harmful organisms, plant protection products or biocides

preparations "shall be deleted.



3. in annex No. 3 FRANCHISED BUSINESSES in the first column, the words

"Testing machinery, plant protection products"

replaced by the words "control testing equipment on plant protection products".



4. in annex No. 3 FRANCHISED BUSINESSES in the second column, the words

"competence pursuant to § 85 para. 2 of the Act No. 326/2004 Coll., on

plant health care and amending certain related laws, in

amended by Act No. 135/2006 Coll. "are replaced by the words" and at least medium)

education with a GCSE in scope focusing on plant health,

plant protection products, farming, gardening, substrates,

viticulture, forestry, agricultural or forestry machinery, or

General agriculture and 3 years experience in servicing and adjusting devices for


the application of the products, or (b)) at least secondary education with graduation

examination and 4 years experience in servicing and adjusting devices for the application

preparations ".



5. in annex No. 3 FRANCHISED BUSINESSES in the fifth column, the words ' paragraph 66

paragraph. 3 of the Act No. 326/2004 Coll., on phytosanitary care and amendments

some related laws "are replaced by the words" § 65 of Act No.

326/2004 Coll., on phytosanitary care and amendments to some related

laws, as amended by Act No. 199/2009 Sb. ".



6. in annex No 4 BUSINESS FREE business sectors 2 and 3 are added:



"2. the activities of the professional preparation of forest and forest

economic plans and curriculum



3. Diagnostic, testing and counseling activities in the protection of plants and

care of the plants, plant products, objects and soil against

harmful organisms, plant protection products or biocides

preparations ".



Article. (IV)



Transitional provisions



1. the license issued to the trade with the subject-bound

business "test and Diagnostic, advisory activities in the protection of

plants and treatment of plants, plant products, objects and soil

against harmful organisms, plant protection products or biocides

preparations and to concession trades business "Audit

testing machinery, plant protection products ", issued in accordance with

Act No. 455/1991 Coll., in the version in force until the date of entry into force of this

of the Act, shall remain in effect.



2. the entrepreneur, which the effective date of this Act took

the trade licence for operation of bonded trade with the subject

business "test and Diagnostic, advisory activities in the protection of

plants and treatment of plants, plant products, objects and soil

against harmful organisms, plant protection products or biocides

preparations ", is from the date of entry into force of this Act shall be entitled to

the pursuit of free trade with the business ' production, trade and

services not specified in annexes 1 to 3 of the Trade Licensing Act ".



3. Trade Office writes to 1 month from the date of entry into force of this

the law change of business referred to in section 2 to the trade

Register and writes to this register activities trades

free "Diagnostic, testing and counseling activities in the protection of plants and

care of the plants, plant products, objects and soil against

harmful organisms, plant protection products or biocides

preparations ". 4. Trade licence referred to in points 2 and 3, until

release of the new extract from the trade register shows the current

excerpt from the trade register.



PART THREE



Amendment of the Act on wine-growing and Winery



Article. In



Law No. 321/2004 Coll., on wine-growing and wine-making and amending certain

related laws (law on wine growing and winemaking), as amended by

Act No. 179/2005 Coll., Act No. 411/2005 Coll., Act No. 444/2005 Coll.

Act No 215/2006 Coll., Act No. 311/2008 Coll., Act No. 227/2009 Coll.,

Act No. 281/2009 Coll., Act No. 256/2011 Coll. and Act No. 18/2009 Coll.,

is amended as follows:



1. the title of section 29 is added: "the crop Declaration, a Declaration on the production and

Declaration of stocks ".



2. in section 29, paragraph 5 shall be deleted.



The present paragraph 6 becomes paragraph 5.



3. section 29 para. 5, the words ", the model of the certificate of purchase" shall be deleted.



4. In § 39 para. 1 (b). EE), the words "or fails to return a statement of

the purchase of the mash, grape musts or wines, ' shall be deleted.



PART FOUR



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, with the exception of the provisions of part the first

article. (I)



and point 25) with regard to § 52 para. 5 (b). (f)), which shall become effective

on 1 January 2004. January 2013,



(b) point 7) with regard to § 5 para. 2, section 57, in terms of Section 79a of the paragraph. 1

(a). (c)), and section 62 regarding the section paragraph 1 .79e 1 (b). a), which shall become

from 1 January 2000. January 2014.



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Klaus r.



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