Key Benefits:
See the copyright notice Conditions of use .
In accordance with the decision of the Parliament:
The aim of this law is to maintain good plant health status and thus to promote the conditions for the functioning of agriculture, forestry and horticulture and food production, as well as food safety and product quality.
This law concerns measures aimed at maintaining a good state of plant health and which can be taken in order to combat and prevent the spread of harmful organisms.
In addition to what is laid down in this law, the prevention of insect and fungal infection in the forest, as laid down in the law on the control of forest insects and fungi (263/1991) Provides.
The Ministerial Decree of the Ministry of Agriculture and Forestry provides for the adoption by Finland of binding international agreements on the application of the measures referred to in paragraph 1. Furthermore, the law may also be applied to the prevention and non-proliferation of new or unforeseeable harmful organisms or other organisms which pose an immediate threat to plant health.
L control of forest insecticides and fungi 8.2.1991/263 Has been repealed by L for the purpose of combating deforestation 20.12.2013/1087 .
For the purposes of this law:
(1) Plants Live plants and live parts of plants including sowing seeds; live parts of plants belong to:
(a) fruit and berries, but not frozen;
(b) vegetables, but not frozen;
(c) root and body parts, onions and roots;
(d) cut flowers;
(e) branches with leaves or needles;
(f) fallen trees with leaves or needles;
(g) leaves and leaves;
(h) plant cell cultures;
(i) live pollen; and
(j) noose branches, cuttings and booking branches;
(2) Plant product Plant-based unprocessed or simply processed product, in so far as it cannot be considered as a plant;
(3) Pest control, Harmful organisms, fungi, bacterium, phytoplasm, and viruses and other pathogens that may cause immediate or indirect damage to crops in plants or plant products; Feral plants or products thereof;
(4) Plant passport Official labelling of the European Union's internal market in the internal market, the right of access granted by the plant protection authority; the plant passport shows that the provisions on plant health, production and marketing have been fulfilled and that production Is under official control;
(5) Plant health certificate, A certificate issued by the plant protection authority in accordance with the International Convention on Plant Protection for trade between the Member State of the non-European Union and the Member State of the Union as to the compliance of plants, plant products or other goods The plant health requirements imposed on them;
(6) Marketing The marketing of plants, plant products and other products marketed in Finland and in other Member States of the European Union with which plant destruction may be easily spread, marketed in Finland and in Finland To other Member States of the European Union;
(7) Imports: Imports from countries other than the Member States of the European Union of plants, plant products and other goods which can be easily spread by plant destruction;
(8) On the export Exports to countries other than the Member States of the European Union of plants, plant products and other goods which can be easily spread by plant destruction;
(9) Operator Any natural or legal person who is professionally responsible for producing, storing, marketing, transmitting, importing or exporting plants, plant products and other goods that can be easily spread; (30.5.2008/384)
(10) On the local market An operator who, in Finland, cultivates only small quantities of plants and markets them or plant products or other goods that can be easily spread, only occasionally or locally, except for non-operator Large-scale public procurement; (30.5.2008/384)
(11) By consignment of goods Plants, plant products and other goods consisting of one or more consignments of goods, all of which are listed in a single document required for customs formalities or other formalities; (30.5.2008/384)
(12) Goods, A specific unit of one commodity belonging to the consignment, which can be identified by virtue of its homogeneity and origin; (21/02/98)
(13) Macro-organisms used for biological control and pollination Invertebrate animals. (21/02/98)
Vegetable products, plant products and other goods that can be easily spread, marketed, produced for marketing purposes, stored, imported and exported only by an operator listed in the Food Safety Agency To be kept in the register ( Plant protection register ).
The obligation to register does not apply to the local market or to the occasional export of small quantities of plants, plant products and other goods or to which only small quantities of such plants, plant products are imported into the country. Or other goods. Nor does the obligation to register apply to an importer or country which is registered in the corresponding official register of the plant protection authority of another Member State of the European Union.
The Ministerial Decree of the Ministry of Agriculture and Forestry provides, according to the provisions of the European Community provisions on plant health, or in international agreements on the protection of plant health, which are binding on Finland, which plants, The registration requirement applies to plant products and other goods.
An operator fulfilling the conditions of registration shall have the right to be registered in a plant protection register. The registration of the register shall be conditional on:
(1) the operator maintains an up-to-date diagram showing the location of plants, plant products and other goods covered by this law;
(2) the operator keeps a file on the products covered by this law, produced and marketed in the place of production and of a warehouse or other registry, and keeps this information for at least one year;
(3) the operator shall at least visually inspect the products and facilities covered by this law for the purpose of ascertaining the possible presence of harmful organisms; and
4) the data subject is the person responsible for plant health.
The registration for the phytosanitary register shall be sought by an application addressed to the Agency, which shall be submitted to the Centre for Enterprise, Transport and the Environment. The decision to register the decision will be made by the Centre for Enterprise, Transport and the Environment. The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the application procedure for registration. (22.12.2009)
In the register of plant protection products:
(1) the name and address of the operator;
(2) information on the operator's activity;
(3) information on the operator's production and location;
(4) the operator's company and community symbol or personal identification number and subscriber number;
(5) the name of the person responsible for plant health;
(6) registration number;
(7) control decisions adopted by the operator under this law and their essential content.
In addition, the plant protection register shall include the right of access to the plant passport or the label provided for in this Act.
The data shall be deleted from the register within three years from the date of notification by the operator of the cessation of activities of the Food Safety Agency. However, where an operator has been issued with a pest control decision under this law, the information shall be kept for as long as the control decision is in force.
Subject to this law, the collection and storage of personal data and the use, transmission and publicity of data entered in the register shall be subject to the provisions of the Personal Data Act (523/1999) And the law on public authorities' activities (18/09/1999) Provides.
Certain plants, plant products and other goods which can be easily spread by herbivores, with the exception of local marketing, may only be marketed with a plant passport or other evidence of plant health. With equipment. Every item marketed must have a plant passport or other certificate issued in a Member State of the European Union.
The right to use a plant passport to issue a food safety agency or a business, transport and environmental centre on an application to an operator whose activities are under official control of the Food Safety Agency, if the activities for which a plant passport is sought The right of use in the marketing of goods meets the requirements for plant health required for that activity. The certificate referred to in the other subparagraph shall be issued by the Food Safety Agency to the goods or activities which comply with the phytosanitary orders required to obtain the certificate from the goods or activities concerned. (22.12.2009)
The Ministerial Decree of the Ministry of Agriculture and Forestry provides, according to the European Community provisions on plant health, which plants, plant products and other goods that can be easily spread, this obligation For the purposes of the marketing of each of these goods and of what plant health requirements are required for the issuing of a plant passport or any other certificate for such goods.
Certain plants, plant products and other goods that can be easily spread by a plant may be imported only by means of a plant health certificate or other plant health certificate or with a mark.
The importer shall, before importation of a consignment of goods with a certificate referred to in paragraph 1, make an import declaration to the Food Safety Agency. Notification of imports of fruit, berries and vegetables must be made to the Customs Service. The decree of the Ministry of Agriculture and Forestry may provide for the provisions of the European Community's phytosanitary regulations to specify which points to be mentioned by the importer in the declaration. The decree of the Ministry of Agriculture and Forestry provides for the procedure for importing and exporting and importing from customs offices and border crossing points through which consignments of goods referred to in this Article Importation is authorised.
The Food Safety Agency shall issue a certificate of plant health certificate or other certificate referred to in paragraph 1 to the consignment of goods to be exported from Finland to which the exporting country of destination requires such a certificate if the consignment complies with the The plant health requirements imposed on imports of that consignment.
The Food Safety Agency shall grant an application to the operator of a right of use referred to in paragraph 1 to the operator whose plants, plant products or other goods are bound by an international obligation to protect plant health Such an indication shall be required by the contracts if the activity complies with the plant health provisions of the contract in question.
The Ministerial Decree of the Ministry of Agriculture and Forestry provides, according to the provisions of the European Community provisions on plant health, or in international agreements on the protection of plant health, which are binding on Finland, which plants, Plant products or other goods which can be easily transmitted by the organism, subject to the obligation laid down in paragraphs 1 and 2, and for the purposes of the certificate or marking referred to in this Article for their import or export. The Ministerial Decree of the Ministry of Agriculture and Forestry provides that, according to the international agreements on the protection of plant health, which are binding on Finland, the entry procedure for access to the mark referred to in paragraph 3 shall apply, The content of the label and the conditions for access to the label.
The Agency shall register operators with access to the label referred to in Article 7 (3) ( Register-holder register ) Control purposes.
The relevant information shall be entered in the Register of Signals in accordance with Article 5 (1). The data shall be deleted from the register within five years from the date of notification by the operator to the Food Safety Agency of the cessation of its activities. However, if a decision has been issued to the operator under this law, the information shall be kept for as long as the control decision is in force.
Subject to this law, the collection and storage of personal data and the use, transmission and publicity of data entered in the register shall be governed by the provisions of the law on personal data and the public authorities The law provides.
The operator shall keep a file on its activities, where necessary, without any difficulty, to determine the information necessary for the purposes of Article 4 (3) and for other purposes.
The Decree of the Ministry of Agriculture and Forestry may provide further details of the content and organisation of the file.
In all its activities, the operator shall exercise due diligence in order to avoid any risk to plant health arising from plants, plant products, other goods or biological control or pollination.
The operator shall carry out a written notification to the Agency for Business, Transport and the Environment, addressed to the Food Safety Agency, on the essential changes to the cessation and operation of its activities. The operator who has been granted the right of access referred to in Article 7 (3) shall submit that notification to the Food Safety Agency.
The macro-organism used for biological control or pollination shall be marketed, used and imported only if it is an original species or as approved by PM 6/3 of the European and Mediterranean Plant Protection Organisation, or if: It has been authorised by the Food Safety Agency. The Agency shall keep a file on the macro-organisms used in biological control and pollination and on their uses in Finland.
The operator shall inform the Food Safety Agency of the original species referred to in paragraph 1 and of the macro-organism approved by the European and mediterranean plant protection organisation at the latest two weeks before: For the first time being marketed, used or imported.
The operator shall seek authorisation from the Food Safety Agency for the use of a macro-organism, other than those referred to in paragraph 2, for three months before being marketed, used or imported. The granting of the authorisation is that the macro-organism does not pose a threat to plant health. The Agency may impose restrictions on the area of use and impose further conditions to ensure that the macro-organism is used for the purpose of the authorisation.
The operator shall immediately inform the Authority of any material changes to its activities which may have an impact on the fulfilment of the conditions of the authorisation referred to in paragraph 3.
The decree of the Ministry of Agriculture and Forestry provides further details of the content of the notification referred to in paragraph 2 and the procedure for applying for the authorisation referred to in paragraph 3 and the content of the application for authorisation.
The operator shall suspend the marketing, use and import of the macroorganism used for biological control or pollination if it is suspected that the organism poses a threat to plant health which has not been foreseen in Article 9a (2) For the purposes of the notification referred to in the article or in the granting of the authorisation referred to in paragraph 3 of that Article. The operator shall immediately inform the Food Safety Agency.
The Authority may withdraw, in whole or in part, the authorisation of a macro-organism if there is no other way to prevent the threat to plant health. The authorisation may also be withdrawn if the conditions or restrictions laid down in this law or in the authorisation are not complied with. The authorisation may also be suspended for a limited period.
The Food Safety Agency may prohibit the marketing, use and import of a macro-organism that causes plant health.
Who knows or has doubts as to the property or property of the plant, referred to in the Regulation provided for in Article 2 (3), part of a property, a property of a property, a property warehouse, a means of transport or a building, Shall, without delay, inform the relevant industry, transport and environmental centre or the Food Safety Agency. The same shall apply to the authority responsible for detecting the presence of such a harmful organism. The Food, Transport and Environment Agency shall inform the Food Safety Agency of the presence of a harmful organism.
In order to prevent or prevent the spread of wmd, the following can be:
(1) oblige the landowner, the farmer or the owner or holder of the property or part of the property to carry out the necessary measures for the destruction of the plant health plant in the property;
(2) provide for the necessary decontamination or disinfection of a building, work or means of transport or any other object contaminated by the organism, as well as for the necessary cleaning and disinfection;
(3) prescribe the necessary cleaning, disinfection or disposal of packaging or packaging materials of plant or plant origin, as well as the necessary restrictions on the treatment, disinfection or disposal of the packaging or packaging; The use of packaging or packaging materials of plants or plant origin;
(4) impose the necessary prohibitions, conditions and restrictions on the cultivation, transport or trade of plants;
(5) order the necessary measures to be taken in the context of crop cultivation, harvest and trade;
(6) impose the necessary prohibitions or conditions on the marketing, import and export of plants, plant products, pest and other products which can easily spread to the organism;
(7) order the operator to comply with the restrictions, prohibitions and measures necessary to prevent or spread other harmful organisms.
More detailed provisions on the measures, provisions, prohibitions, conditions and restrictions referred to in paragraph 1 shall be laid down by decree of the Ministry of Agriculture and Forestry, as laid down in the European Community legislation on plant health Or of Finland in binding international agreements on the protection of plant health. The regulation can apply to all harmful organisms, or only to certain harmful organisms.
The Food Safety Agency or the Centre for Organ, Transport and the Environment shall adopt a specific control decision under the Regulation referred to in paragraph 2. A rejection decision may also be taken without prior consultation where a decision cannot be delayed without a significant risk to plant health and the consultation of the interested party is not possible without delay. In the event of any particular reason to doubt the presence of a harmful organism within the meaning of the Regulation, the Authority may take the measures referred to in paragraph 1 (6) prior to confirmation of the occurrence of the organism. (22.12.2009)
The Agency or the Centre for Food Safety, Transport and the Environment may, at the expense of the Food Safety Agency, take urgent and minor measures within the meaning of paragraph 1 where the absence of such a measure would jeopardise Plant health. (21/02/98)
In addition, the Ministry of Agriculture and Forestry may authorise the Food Safety Agency to take the measures referred to in paragraph 1 in respect of plant pests not provided for by the Regulation referred to in paragraph 2. If the presence of such a harmful organism poses an immediate threat to plant health and that there is no delay, the Food Safety Agency may take the necessary measures to control the requirements referred to in paragraph 1 prior to the authorisation.
Any person who sells, rent or otherwise dispose of any other property, part of a property or a building whose use is limited due to the presence of a harmful organism is obliged to inform the transferee prior to the surrender of this restriction.
The Authority shall be obliged, upon request, to provide information on the presence of a pest in the event of the release referred to in paragraph 1.
General guidance and supervision of the implementation of this law are part of the Ministry of Agriculture and Forestry. The Ministry of Agriculture and Forestry is referred to in Council Directive 2000 /29/EC of Council Directive 2000 /29/EC on protective measures against the introduction into the Community of organisms harmful to plant products in the Member States (hereafter referred to as the plant health directive) Central authority.
The implementation of this law, as well as the enforcement and enforcement of the law and the provisions adopted pursuant to it, shall be carried out by the Food Safety Agency, which shall be used under the supervision of means of transport, transport and Environmental centres. The Food Safety Authority is a plant protection authority within the meaning of the plant health directive in Finland.
Import, in so far as it does not belong to the Food Safety Agency, controls the Customs Department. The responsibilities of the Food Safety Agency, which are transferred to the Customs Service, shall be laid down by a decree of the Ministry of Agriculture and Forestry, according to which the Ministry of Agriculture and Forestry and the Ministry of Agriculture and Forestry are agreed on the scope and scope of the tasks of the Ministry of Agriculture and Forestry. The Ministry of Finance.
The Agency may use the Finnish Forest Centre's public service unit to assist in the preparation and implementation of the control decision referred to in Article 11 and in the preparation of the compensation decision referred to in Article 30a, if the In Finland, the target is a plant destruction which can cause immediate or indirect damage to trees growing in the forest.
In addition to the provisions of Article 14, the Authority shall, under the supervision of a supervisory function, be used by the Food Safety Authority in writing, under the supervision of the Authority. The authorised inspector shall be subject to the provisions relating to criminal liability in the performance of his duties under this Act. The authorised inspecting officer shall have sufficient plant-health expertise to carry out the task under mandate.
If the authorised inspector is the administrative law (2003) In order to carry out their duties, the Authority may order someone else to perform his duties on a temporary basis. An ad hoc person shall be subject to the provisions of the authorised inspecting officer.
The authorised inspector shall be subject to the duties assigned to him under this Article, in the administrative law, in the language of his/her language. (2003) , the Sami language (1886/2003) And the law on public authorities' activities (18/09/1999) Provides. The authorised inspector shall, if so requested, present a written explanation of his mandate.
The tasks and investigations required by this Act and the provisions adopted under it shall be carried out by the Agency, by the authorised laboratory approved by the Authority, or by the European Union Laboratory approved by the Member State.
The authorised laboratory shall be functionally and economically independent. It shall have at its disposal sufficient skilled staff and technical capacity to act. The laboratory shall have a written quality system and be able to demonstrate the reliability of the specifications it has made.
The Agency shall, on application by the laboratory, be authorised to be authorised as a laboratory for a limited period of time. Approval shall be conditional on the laboratory meeting the requirements laid down in paragraph 1. The authorised laboratory shall immediately inform the Food Safety Agency of any changes affecting the conditions of approval of the laboratory.
The Ministerial Decree of the Ministry of Agriculture and Forestry may lay down more detailed provisions on the conditions for the approval of the laboratory.
The Authority shall ensure that the authorised laboratory complies with this law and the provisions adopted pursuant thereto in the exercise of its function under this law. If the laboratory no longer fulfils the conditions for the approval provided for in Article 15b or otherwise there are serious deficiencies, the Food Safety Agency shall call on the laboratory to correct the deficiencies within the time limit. The Authority shall withdraw its approval if the laboratory has not corrected the maladministration within the given time limit.
For the purposes of the control referred to in paragraph 1, the Authority shall maintain a register of approved laboratories. The name, contact details, delegated tasks and the name of the person responsible for the laboratory shall be entered in the register.
The collection and recording of personal data and the use of data entered in the register shall be subject to the provisions of the Act on the information system of the rural economy (194/2008) Provides. When carrying out the tasks referred to in this Law, the authorised laboratory shall comply with the administrative law (2003) , language law (2003) , law on public authorities' activities and the law on electronic transactions (2003) Provides. The staff of the authorised laboratory shall be subject to the provisions on civil liability in the performance of the duties referred to in this Act. Liability for damages is governed by the law on damages (1999) .
The production, storage, marketing, marketing, import and export of plants, plant products and other goods which can be easily spread, are subject to fair and regular control of the production, storage, import and export, and in particular where there is doubt, That these products or activities related thereto do not meet the requirements laid down in this Act or under it. The control measures shall be appropriate and, on the basis of a risk assessment, shall be based on the production, processing and marketing of plants, plant products and other products with a potential for plant destruction. Stages.
The Decree of the Ministry of Agriculture and Forestry may provide more detailed provisions for the organisation of controls.
The Food Safety Agency shall draw up an annual control plan for the organisation of controls. The decree of the Ministry of Agriculture and Forestry may lay down more precise provisions on the control plan and its content.
The Authority shall, at least once a year, inspect the registered operators who, according to Article 6, are obliged to equip the plants, plant products and other articles referred to in this Act on a plant passport. Other registered operators shall be inspected at all times when it is considered necessary on the basis of the risk assessment of the organism.
The Food Safety Agency shall monitor the presence of the harmful organism referred to in this Act and, where appropriate, to publish information on the presence of plant pests.
The supervisory authorities and the authorised inspectors referred to in Articles 14 and 15 shall be entitled, for the purposes of enforcement and enforcement of this law and of the provisions adopted pursuant to it, to access to farmed and other areas, production, Warehouse and other buildings and means of transport, and inspect the file and operator records referred to in Article 8, carry out inspections and take samples for examination. In the context of domestic peace, an inspection or sampling shall only be carried out by an authority and an inspection or sampling shall only be provided if it is necessary to establish the facts of the case and there are reasonable grounds for suspecting Guilty of the procedure provided for in this Act.
The supervisory authorities and the authorised inspectors shall have the right, notwithstanding the confidentiality of the information, to obtain the information and documents necessary for the inspection and control referred to in this Act.
Articles 20 and 21 provide for inspection and access to information by the Finnish authorities, including those of the European Community. When carrying out inspections, the European Community inspectors shall cooperate with the Food Safety Agency.
The supervisory authorities shall have the right to obtain administrative assistance from the customs authorities, the border guards and the police and civil protection authorities for the purpose of carrying out their duties under this Act and the provisions adopted pursuant thereto.
Without prejudice to the obligation of professional secrecy laid down in the law on the transparency of the activities of the authorities, information obtained under this law may be obtained from a private or Community trade or professional secret or financial position Entrust the prosecutor and police officer to the (806/2011) in Section 2 of Chapter 8 And to the authorities referred to in Articles 13 and 14 of this Act for the purpose of carrying out their duties under this Act.
The Agency shall publish the results of the monitoring. However, confidential information referred to in Article 24 shall not be published.
The decree of the Ministry of Agriculture and Forestry provides more detailed provisions for the publication of the results of controls.
The Authority may, by decision, prohibit the use of a plant passport or other certificate referred to in Article 6 or the use of a certificate or marking referred to in Article 7, if it is necessary to prevent or prevent the spread of harmful organisms. Or where the conditions for the use of a plant passport, certificate or marking are no longer fulfilled. The decision shall be notified immediately to the party concerned. The oral prohibition must be confirmed in writing. The prohibition shall be lifted as soon as the reason for its adoption no longer exists.
The prohibition shall be granted on a temporary basis, provided that it is possible to remove the deficiencies on which it is based. The prohibition shall be withdrawn without delay if the deficiencies have been removed or the inadequacy of the prohibition is no longer relevant. The withdrawal of a prohibition shall be notified to the party concerned without delay.
If there is no delay, in addition to the Food Safety Agency, the Centre for Enterprise, Transport and the Environment, or the authorised inspector, may prohibit the use of a plant passport or other certificate or marking on a provisional basis. The temporary prohibition of use must be made available without delay to the Food Safety Authority. The prohibition shall lapse if the Authority has not adopted the decision referred to in paragraph 1 within one week from the date of the prohibition. (22.12.2009)
Where the inspection finds that the operator listed in the plant protection register does not comply with this law or the provisions adopted pursuant to it or fulfils the conditions of registration, the Authority shall make the relevant remark and, where appropriate, indicate: The time limit within which the errors found must be corrected.
The Authority shall, by its decision, remove from the phytosanitary register that which, in spite of a remark, does not correct the errors found in its activities in the case of a material error or omission. This decision shall be notified to the party concerned without delay.
Where the cause of the removal no longer exists, the phytosanitary register has been removed immediately without a separate application being entered in the register. This decision shall be notified to the party concerned without delay.
Access to the label shall end if the holder of the right of use has ceased trading or if the operator has been issued a ban on the use referred to in Article 26 and the operator fails to correct within a reasonable period set by the Food Safety Agency The errors found in its activities, so that the conditions for access to the label are met. At the end of the marking, the Food Safety Agency shall remove the operator's record holder.
The Agency may intensify the implementation of the restriction, prohibition, measure or procedure referred to in Article 11 or the prohibition on the use of a plant passport or other certificate or endorsement referred to in Article 26, or a periodic penalty payment, or , at the risk of having to do so at the expense of the non-defaulter. The decision on the threat and the commission may also be taken by the Centre for Enterprise, Transport and the Environment.
The penalty payment, the threat to be made and the commission of the commission are otherwise provided for in the (1113/1990) .
Every intention or carelessness
(1) without registration within the meaning of Article 4, to market, produce, store, import or export plants, plant products or other goods which can be easily spread;
(2) does not comply with the obligation laid down in Article 6 and the Regulation adopted pursuant to it to use a certificate for plant passports or other plant health,
(3) does not comply with the obligation laid down in Article 7 and the Regulation adopted pursuant to it to use the certificate or marking on plant health certificates or other plant health certificates;
(4) fails to comply with the obligation to file a file provided for in Article 8 and a regulation adopted pursuant to it;
(5) fails to comply with the notification obligation laid down in Article 9, or any substantial changes thereto,
(6) fails to comply with the obligation to notify the presence of plant pests provided for in Article 10;
(7) violates the provisions, prohibitions, conditions or restrictions adopted pursuant to Article 11; or
8) fails to comply with the obligation laid down in Article 12 to notify the operating restrictions
Shall be condemned, unless the law provides for a heavier penalty in the rest of the law, On the risk of plant health Fine.
Any violation of a penalty or an obligation imposed by a periodic penalty payment under this law shall not be punishable by the same offence if the periodic penalty payment is payable.
The Authority shall make a notification of the offence referred to in paragraph 1 for the purposes of prosecution. The notification may not be made without an offence which, as a whole, must be considered to be negligible. In such a case, the Authority may issue a written comment to the operator responsible for the infringement, calling on him to correct the errors found.
The Authority may decide that the direct and necessary costs incurred in the implementation of the control decision referred to in Article 11 for the eradication of the pest control shall be reimbursed to the operator in full or In part, if the damage caused to plant production is exceptionally high. The payment of compensation shall be subject to the existence of significant costs incurred by the operator in respect of eradication measures which are of undue importance to the trader's livelihood or whose replacement is for the continuation of the operator's livelihood. Necessary. The compensation may be paid only in so far as the operator is not remunerated by the insurance or the fund.
More detailed provisions may be adopted by the Government Decree on the assessment and calculation of the costs and damage referred to in paragraph 1.
The application shall be submitted to the Authority within a period of six months from the date on which the applicant was informed of the costs incurred or the occurrence of the injury. The application shall be submitted to the relevant industry, transport and environmental centre and shall be accompanied by an adequate statement of costs and damages. The Centre for Food, Transport and the Environment shall issue an opinion on an application for compensation to the Food Safety Agency in relation to the decision to combat it.
In the event of an unjustified replacement of costs or damage, the Food Safety Agency shall provide for too much recovery. Of the amount to be returned shall be levied on the (633/1982) (2) the annual interest rate at the beginning of the month in which the compensation is paid. If the amount to be returned is not paid at the latest on the maturity date set by the Food Safety Agency, the annual default interest shall be paid. Article 4 of the Corinth Act According to the interest rate referred to in paragraph 1. Where the amount to be repaid is minor, or where recovery or recovery of interest must be regarded as disproportionate to the financial position and circumstances of the obligation to return, the refund may be partially or fully waived. Return or payment of interest.
The decision to combat the harmful organism against trees growing in the forest, the destruction of the land owner and the right to land, the right to use the will, the surviving spouse, the right of pension or any other equivalent right; and The costs and damages incurred by the holder of the logging rights shall be reimbursed in so far as they exceed the cost of regular forest management or the normal harvesting of timber. "Forest" means an area subject to forest law. (1093/1996) .
The payment of compensation will be decided by the Food Safety Agency. The compensation shall be subject to the provisions of Article 30 (3) and (4), subject to the submission of an application for compensation to the Food Safety Agency. (21/02/98)
The compensation referred to in Articles 30 and 30a shall not be paid:
(1) the damage and costs resulting from the damage caused by the organism;
(2) the costs and damage caused by the prohibition of marketing, import or export, the destruction, isolation or any other equivalent measure, or marketing, import or The conditions laid down for export;
(3) costs or damage resulting from the fulfilment of the obligations to remain in the phytosanitary register, the removal from the register or any other form of coercion or penalty provided for in Chapter 6, or a plant passport or The use of the registration number; and
(4) costs or damage caused intentionally or by gross negligence by the operator or by failing to comply with good agricultural practice.
In addition, the compensation shall not be paid, or may be reduced, if the compensation otherwise has not been complied with by the law or by the provisions adopted pursuant to this law, the provisions or decisions of the authority or other than the first paragraph. Has contributed to the creation of costs or damage.
The State does not have the right to compensation under this law. However, the entitlement to compensation is governed by the law of the State (185/2002) In accordance with Article 2. The State Council may decide on the right of state compensation if there are specific reasons for this.
The Ministry of Agriculture and Forestry shall, for a period of three years, set up a negotiating body responsible for monitoring developments in the field of plant protection, to deliver opinions and to submit proposals and initiatives on this subject, but not in them. On matters which have to be dealt with in the order of the Council of Ministers for the purposes of the European Union.
Direct payments under this Act may be charged to the State in accordance with the State payment law (150/1992) Provides.
The Food Safety Agency shall pay the inspectors authorised to carry out checks and inspections in accordance with this law and shall reimburse the costs incurred.
The decision referred to in Article 11 or in Chapter 6, as well as the decision of the Agency for the refund of the undue advantage, shall be subject to appeal by the administrative court in accordance with the administrative law (18/06/1996) Provides.
The rest of the decision may be required to be corrected by the authority responsible for the decision as provided for in the Administrative Act. The decision on the request for adjustment shall be subject to appeal by the administrative court as provided for in the administrative law.
The competent administrative court is the one whose jurisdiction is most relevant either on the basis of the location of the territory or on the basis of the place of residence of the trader.
The statement of appeal may also be forwarded to the authority which made the decision, which shall, without delay, send a letter of appeal, together with the documents collected in the case and the statement of appeal to the administrative court.
The decision of the administrative court in respect of a decision referred to in Article 11 or in Chapter 6, or of a decision of the Authority to recover an undue advantage shall be subject to appeal by appeal to the Supreme Administrative Court as The Administrative Loan Act. An appeal against any other decision of the administrative court shall be admissible only if the Supreme Administrative Court grants an appeal.
In accordance with Article 14 (2), for the purpose of the delegated act of the Ministry of Agriculture and Forestry, an appeal shall be made in the order sought by the customs authorities. (1466/1994) Provides.
A decision under this law may stipulate that the decision must be complied with, in spite of the appeal, unless the appeal authority decides otherwise.
This Act shall enter into force on 1 January 2004.
This law repeals the plant protection law of 16 December 1994. (1203/1994) With subsequent amendments ( Repealed law ). However, the decisions and regulations of the Ministry of Agriculture and Forestry adopted under the repealed Law remain, in so far as they are not contrary to this law, until further notice.
Under the law before the entry into force of this Act, the decisions and provisions of the individual trader shall be valid for the period specified therein.
DEN 99/2002 , MmVM 16/2002, 284/2002This Act shall enter into force on 4 August 2004.
THEY 70/2004 , MmVM 6/2004, EV 70/2004
This Act shall enter into force on 1 July 2008.
An operator whose activities are subject to the right of access referred to in Article 7 (3) shall apply for the right to use the label from the Food Safety Agency within six months of the entry into force of this Act.
Before the law enters into force, measures may be taken to implement the law.
THEY 168/2007 , MmVM 5/2008, EV 36/2008
This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
This Act shall enter into force on 1 January 2011.
THEY 115/2010 , MmVM 14/2010, EV 147/2010, Council Directive 2009 /143/EC (32009L0143); OJ L 318, 4.12.2009, p. 23
This Act shall enter into force on 1 January 2014.
THEY 222/2010 , LaVM 44/2010 EV 374/2010
This Act shall enter into force on 1 January 2013. However, Article 30 and Article 30a (2) shall not enter into force until 1 January 2014.
An application for reimbursement, initiated before the entry into force of this Act, shall be subject to the provisions in force at the time of entry into force of this Act.
THEY 104/2012 , MmVM 7/2012, EV 145/2012
The entry into force of this Act shall be regulated by law.
THEY 121/2013 , MmVM 17/2013, EV 186/2013
