Amended Plant Protection Law

Original Language Title: Grozījumi Augu aizsardzības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/238800

The Saeima has adopted and the President promulgated the following laws: law on protection of plants in the plant protection Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1999, no. 2; 2004, nr. 8; 2005; 2006, nr. 12, no 24; 2008, 16, no. 22; Latvian journal 2010, nr. 43) the following amendments: 1. Express article 1 by the following: "article 1. The terms used in the law, the law is applied in the following terms: "1) plants, living plants and living parts of plants (vegetables, tubers, corms, bulbs, rhizomes, cut flowers, branches with leaves, cut off the trees with foliage, leaves, foliage, plant tissue cultures, pollen, cuttings, grafts, shoots, seeds), excluding seeds other than for sowing;
2) plant products: a) raw or simply prepared (minced, dried or pressed) vegetable products, b) parts of plants, including fruits and seeds other than for sowing;
3) plant protection products containing, active substances, safeners or synergists, or which consists of them and provided for any of the following uses: (a)) of plants or plant products against harmful organisms or prevent the effects of organisms, unless the main purpose of the funds is plant or plant products rather than the provision of hygiene, b) plant life processes, such as the influence of substances that affect the growth and no nutrients , c) for the conservation of plant products (except for preservatives), d) undesirable plants or parts of plants (except algae), if one feature is not used in soil or water to protect plants, e) unwanted plant (excluding algae) growth to stop it or eliminate it, if one feature not used in soil or water to protect plants;
4) plant protection products equipment: any equipment that is designed specifically for the use of plant protection products, as well as the equipment necessary for the efficient functioning of the accessories, such as nozzles, manometers, filters, strainers, tanks cleaning devices;
5) plant protection adviser: the person who, as a commercial service provides advice on the use of plant protection products and has obtained the certificate for the right to provide such advice;
6) plant protection products seller-a person of distributors of plant protection products on behalf of a merchant site before sales of plant protection products by the purchaser of the placing of plant protection products on the market, regulatory laws in that order information on the plant protection product and has acquired the plant protection products seller's licence;
7) plant protection products the operator: a person who operates a first or second class plant protection products (such as plant protection products used, dilute, ready their mixtures) and has obtained the certificate for the right to take such action;
8) living organisms: insects, mites, nematodes, prepared for delivery to the user way and ready for plants or plant products against harmful organisms or prevent the effects of the organism;
9) integrated pest management — all available plant protection technique of careful evaluation and appropriate use of techniques to prevent harmful organism population growth while preserving the plant protection products and other forms of influence use of economically and environmentally sound level, reducing or minimalizēj the risk to human health and the environment. Integrated plant protection provides a healthy crop with the least possible adverse impact on possible and contribute to limiting the harmful organism natural mechanisms;
10) aerial spraying of plant protection products, using the aircraft;
11) invasive plant species — Latvian nature to species that threaten native species and their habitats or causing economic losses, harm to human health or the environment;
12) harmful organisms, animal or vegetable origin harmful organisms (viruses, mycoplasmas or other pathogens) plants or plant products;
13) professional users of plant protection products: a person that their professional activities used in first or second class plant protection products or spraying of plant protection products from the air and has obtained the certificate for the right to use plant protection products. '
2. in article 4: the fourth part of the present paragraph 1 by the following: "1) shall perform the functions of the competent authority in accordance with the European Parliament and of the Council of 21 October 2009. Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (hereinafter Regulation No 1107/2009), article 3, paragraph 30;"
to make the fourth part of paragraph 4 by the following: "4) carried out under the supervision and control over the placing of plant protection products on the market, use, export, storage and transport;"
to make 8 of the fourth part of the paragraph by the following: ' 8) perform the function of a reference laboratory of plant quarantine and plants especially dangerous organism Diagnostics, laboratory for diagnosing a plant quarantine and plants especially hazardous organisms, confirms the other laboratories of plant quarantine and found the plants particularly dangerous organisms and on request provide laboratory services; ";
Add to fourth with 15, 16 and 17 as follows: "15) prepare estimates on aerial spraying of plant protection products into the risks and shall issue the authorisation of plant protection products in the spray from the air;
16) supervise the marking of wood packaging material, certification and movement, sort of marker for wood packaging material, the registry shall take a decision on the person's inclusion in the wood packaging for the marker and the authorized certified wood packaging material heat treatment;
17) organizes and maintains crop monitoring information system of the country. "
to supplement the article with the eleventh subparagraph by the following: "(11) if there is a risk of harmful organisms spreading, State plant protection service Director is entitled to determine the phytosanitary measures in relation to plants, plant products and contact with them in the subject of growing or moving. The decision on those phytosanitary measures shall be published in the newspaper "journal" of Latvia. "
3. in article 5: (2) be expressed as follows: "2) rules on the placing of plant protection products on the market, pursuant to Regulation No 1107/2009 ';
turn off paragraph 4;
make paragraph 5 by the following: "5) rules on the use of plant protection products and storage, those regulating plant protection products and the storage requirements of integrated pest management principles and requirements, professional users of plant protection products, plant protection products the obligations and rights of operators, the order in which the future assessment of plant protection products in the spray from the air the potential risk of any authorization to be issued by the plant protection spray from the air , special water environment and drinking water protection measures; "
turn off paragraph 6;
to express the point 20 as follows: "the provisions on the order of 20), the official plant protection service reference laboratory functions of plant quarantine and plants especially dangerous organism Diagnostics, regulating the functions and duties of the laboratory, the order in which it recognizes the rights of other laboratories to diagnose plant quarantine and plants especially hazardous organisms, and the mechanisms for monitoring these laboratories.";
to supplement the article with 21, 22, 23 and 24 as follows: "the provisions on professional 21) plant protection products, plant protection products, plant protection products and plant protection Advisor training, regulating procedures for the authorization to be served, the training requirements for authorization, training procedures, curriculum content, and the order of issue of the licence;
22) the rules on the use of plant protection products, regulating the inspection of equipment and procedures for the issue of certificates, requirements for the use of plant protection products, exceptions to the tests, the other Member States of the European Union agenda for the recognition of certificates issued by the inspection deadlines;
23) the rules on the placing of plant protection products on the market, regulating requirements for the placing of plant protection products on the market, trading places, the izvirzāmo of plant protection products in the trade, import, export, storage and transportation requirements, the seller of plant protection products and plant protection advisory duties, the order in which the information of the plant protection product to the buyer, and its contents, as well as of plant protection products in the chain of control;

24) provisions on phytosanitary measures and the order in which they are applicable to wood packaging material protection, regulating the actions and wood packaging material marking, the applicable exceptions, the procedures and the registration cancelled to wood packaging marker, wood packaging material heat treatment certification rules and procedures for the certification body shall issue and revoke the permission to make the wood packaging material heat treatment process of certification, as well as phytosanitary measures wood packaging materials, labelling and certification mechanisms for monitoring. "
4. To make article 6 by the following: "article 6. The Minister of Agriculture of Agriculture Minister competence in the field of plant protection in specific approved breeding crop production guidelines, respecting the principles of integrated pest management. "
5. in article 7: make the first paragraph by the following: "(1) plant protection products authorised for the placing on the market, used and stored in accordance with Regulation No 1107/2009 register of plant protection products in the national plant protection services.";
express the fourth, fifth, sixth, seventh, eighth, ninth and tenth by the following: "(4) including plant protection products, those in the registry defines three classes of registration.
(5) on the first and second class plant protection products subject to the following restrictions: 1) it is permitted to use the professional users of plant protection products, plant protection products the operator or plant protection adviser;
2) allowed to purchase the professional users of plant protection products or plant protection adviser.
(6) a third class plant protection products may be purchased and used for all parties.
(7) plant protection products distributor shall ensure that the marketing of plant protection products is the seller, who acquired the plant protection products, the seller's certificate.
(8) professional users of plant protection products, plant protection products and plant protection consultants carried out a legal person whose professional users of plant protection products, plant protection products, plant protection products, vendors and consultants on plant protection control regulations in the order received by the national plant protection service.
(9) the professional users of plant protection products, plant protection products and plant health certificates shall be issued by the national consultant for plant protection service.
(10) national plant protection services to any interested party provide the opportunity to receive information about the register of plant protection products and the underlying products, General information on plant protection products, with the risks to the use of plant protection products, impacts on human health and the environment, as well as of plant protection products in alternatives that do not involve the use of chemicals, and once a year the issue of plant protection products registered in the list. Information on the register of plant protection products on the national plant protection service shall publish on its homepage on the internet. "
6. Express article 8 by the following: ' article 8. The placing of plant protection products on the market and the use of (1) plant protection products may be placed on the market of plant protection products distributors — merchants, which received the national plant protection service issued a special permit (license).
(2) plant protection products authorised for the placing on the market or used unless they are classified, packaged and labelled in the classification of the plant protection product, packaging and labelling of regulatory laws in accordance with the procedure laid down and packed in the original packaging with the manufacturer's marking of Latvian language.
(3) has not been authorised for the placing on the market or use of plant protection products whose quality does not correspond to a registered plant protection product. If in doubt or suspicion about the quality of the plant protection product, the national plant protection service inspectors shall have the right to take samples of the plant protection product and send it to quality control.
(4) national plant protection service inspectors can prohibit the placing of plant protection products on the market or use of a vehicle, where it is established that they are of poor quality or do not meet the requirements of this Act, but if in doubt about their quality, — to stop this means placing on the market or use to the final quality. In this case, an acceptable decision not later than 30 days after the suspension of the placing of the plant protection product on the market or use.
(5) the merchant who place on the market plant protection product provided by its movement and tracking the distribution of plant protection products, the storage and use of the regulatory procedure laid down in the laws and each year up to April 1, submitted to the national plant protection services information for the previous calendar year, indicating that the plant protection products and the quantities marketed for users.
(6) the plant protection product that has expired, may be placed on the market if it satisfies the conditions for registration and is the State plant protection service of the decision. The sample is taken, by participating in the national plant protection service inspector within 30 days after receipt of the analysis laboratories accredited to decide on further action with this feature. The expenses analysis of plant protection products shall be borne by the dealer. "
7. Express article 10 and 11 by the following: ' article 10. Use of plant protection products (1) a Person of plant protection products used, follow instructions on the label, the European and Mediterranean plant protection organisation certain of good plant protection practice (published in the national plant protection service website) and plant protection products legislation regulating certain integrated plant protection principles and requirements in all the cases provided for therein.
(2) a State plant protection service of the request, the person shall provide information on the occurrence of the harmful organism, penetration, the implementation of the measures and used herbal remedies.
(3) plant protection products, aerial spraying is authorised plant protection products legislation regulating the cases and order.
(4) use bad chemical plant protection products disposed of in accordance with the laws and regulations on waste management. The following costs shall be borne by the chemical plant protection products.
11. article. Plant protection products (1) are only allowed to use the tested and ready in the use of plant protection products.
(2) use of plant protection products equipment shall be carried out every three years.
(3) use of plant protection products equipment shall be carried out in the order laid down in the laws and regulations on the use of plant protection products. New plant protection products equipment shall be carried out after five years from the date of purchase.
(4) the national plant protection service monitors the use of plant protection products facility inspection and use. "
8. Express article 16 the fifth subparagraph by the following: "(5) if the legislation of the importing country requires that wood packaging material to be labelled in accordance with the International Plant Protection Convention of international standards for phytosanitary measures no. 15" guidelines for regulating wood packaging material in international trade ", the phytosanitary measures taken and wood packaging materials marked wood packaging marker on the register. Packaging material heat treatment carried out by a person who is certified in the order laid down in the legislation on phytosanitary measures for wood packaging material. "
9. transitional provisions be supplemented with 18, 19, 20, 21, 22, 23, 24, 25 and 26 the following: "6. the amendment of article 1 of this law 1., 2., 3., 7, 8, 9, 10, 11 and 12, paragraph 4, article 1 of part IV., 4. and paragraph 15, article 5, paragraph 5 of article 7 of the first, fourth, seventh and tenth subparagraph 8 and article 10, which provides for the expression of new versions shall enter into force on 26 November 2011.
19. The amendments to this law, article 1, 5, 6 and 13, article 7 in the fifth, sixth, eighth, and ninth in the new version of the expression, shall enter into force on January 1, 2013.
20. Amendments to this law, article 1, paragraph 4, and article 11 on the third part relating to plant protection products equipment check shall enter into force on January 1, 2012.
21. Article 10 of this law referred to in the first subparagraph, the integrated plant protection principles and requirements apply from 1 January 2014.
22. the amended article 11 of this law for the first, second, third (in relation to new plant protection products equipment inspection) and in the fourth subparagraph, intending to express new version shall enter into force on 26 November 2016.
23. By 2016 of 26 November, plant protection products equipment shall be checked at least once.

24. By 2020 January 1, plant protection products facility inspection intervals not exceeding five years.
25. The Cabinet of Ministers until 31 December 2011 issue of this law article 5, paragraph 2 of these regulations. Up to the date of entry into force of the relevant provisions, but no longer than up to 31 December 2011 applicable Cabinet of 23 March 2004, Regulation No 156 of ' plant protection products ' registration procedure ', in so far as they do not conflict with the European Parliament and of the Council of 21 October 2009 Regulation No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.
26. The Cabinet of Ministers to 26, 2011 November issue this law article 5 5, 21, 22, 23 and 24 the provisions referred to in the paragraph. The integrated plant protection principles and requirements, the Cabinet of Ministers issued until 1 January 2014. "
10. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the Commission of 30 July 1992 Directive 92/70/EEC laying down detailed rules for surveys to be carried out by the recognition of protected zones in the community;
2) Commission of 3 November 1992 Directive 92/90/EEC laying down the plants, plant products or other objects, the manufacturer and importer obligations and determining what information is required to be registered;
3) Commission of 26 July 1995 directive 95/44/EC establishing the conditions under which certain harmful organisms, plants, plant products and other Council Directive 77/93/EEC, in annexes I to V to the objects listed may be introduced into or moved within the community or certain protected zones thereof trial or scientific purposes and for work on varietal selections;
4) Council of 31 May 1999 Directive 1999/45/EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations;
5) Council of 8 May 2000, Directive 2000/29/EC on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community;
6) Commission of 17 June 2008. Directive 2008/61/EC establishing the conditions under which certain harmful organisms, plants, plant products and other Council Directive 2000/29/EC listed in annexes I to V objects may be introduced into or moved within the community or certain protected zones thereof trial or scientific purposes and for work on varietal selections (codified version);
7) the European Parliament and of the Council of 21 October 2009. directive 2009/128/EC establishing a Community system for the sustainable use of pesticides (text with EEA relevance);
8) Council of 26 November 2009. the directive 2009/142/EC amending Directive 2000/29/EC in respect of the delegation of the tasks of laboratory tests. "
The law shall enter into force on the day following its promulgation.
The Parliament adopted the law of 13 October 2011.
The President a. Smith in 2011 on November 2.