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Amended Plant Protection Law

Original Language Title: Grozījumi Augu aizsardzības likumā

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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) amendments are as follows: 1. Article 1: expressions 1, 2 and 3 as follows: "1) plants: (a), (b) plant growing)) parts of plants, including fruits and seeds intended for production;
2) plant products: a) raw or simply prepared (minced, dried or pressed) vegetable products, b) parts of plants, including fruits and seeds that are not intended for production;
3) plant protection product: a) active substances or preparations that are ready for delivery to the user ready in the form and containing one or more active substances. They are intended for plants or plant products against harmful organisms of plants or to prevent these organisms, plant life to influence the process (except process of life influence feeding), conservation of plant products (except for preservatives), unwanted plants or plant parts and plant for destruction of unwanted growth, b) living organisms (parasites or predators), prepared for delivery to the user ready. They are intended for plants or plant products against harmful organisms of plants or to prevent these organisms, plant life to influence the process (except process of life influence feeding), conservation of plant products (except for preservatives), unwanted plants or plant parts and plant for destruction of unwanted growth; ";
turn off paragraph 6;
make paragraph 8 by the following: ' 8) of the plant protection product residues-one or more substances (including the metabolites of these substances and their decomposition or chemical reaction occurred), which after use of the plant protection product remains in plants, plant products or animal products used for food, as well as in the environment; "
to supplement the article with 9, 10, 11, 12, 13 and 14 by the following: "9) distribution of plant protection products — trade, any supply, whether in return for payment or free of charge, importation, storage, except the destruction of storage;
10) registration of plant protection products: the decision granting the right to distribute and use of the plant protection product;
11) environment — water, air, Earth, soil, wild fauna and flora and the interaction between them any, as well as any relationship with living organisms;
12) integrated pest management, biological, biotechnological, chemical, or plant breeding measures and combining combination rational use to minimise the use of the plant protection product and the populations of harmful organisms maintain a level that does not cause economically unacceptable damage or loss;
13) substances — naturally occurring or synthesized chemical elements or their compounds, including any impurity inevitable resulting from the synthesis process.
14) preparation: mixtures or solutions composed of two or more substances, of which at least one is an active substance and intended for use as plant protection products. '
2. Express article 2 by the following: ' article 2. The purpose of the law this law aims to regulate physical and legal persons in the field of plant protection, to prevent the introduction of harmful organisms the introduction and spread of the country and the European Union, as well as getting plant protection and plant protection products would not have adverse effects on human health, animals, man nourished or consumed, and the environment, eliminate the residues of plant protection products on the product backlog , soil and water over my standards. "
3. in article 4: to make first and second subparagraph by the following: "(1) State supervision in the field of plant protection organises and carries out the national plant protection service, which is subordinated to the Ministry of Agriculture's direct regulatory authority.
(2) the national plant protection service is headed by a Director. Control functions carried out on plant protection service inspectors. ";
to make the fourth paragraph (1) of the following: "1) evaluates and registers plant protection products shall keep records of the plant protection products, the European Community list of active substances;";
to make the fourth parts 7, 8 and 9 of the following paragraph: "7) permits the introduction of harmful organisms, plants, plant products and contact with them came into or move items to scientific, experimental or work on varietal selections;
8) reference laboratories features plants of the harmful organism in the laboratory Diagnostics and laboratory services provided upon request;
9) carried out pest risk analysis; "
to complement the fourth with 10 and 11 of the following paragraph: "10) shall issue a certificate for the right to carry out plant health checks on the effectiveness of means tests;
11) do, monitored and controlled by the laws of the European Union and the Council of Europe and the European Commission's decisions in the field of the protection of the plant. "
make the fifth, sixth and seventh subparagraph by the following: "(5) the national plant protection service inspectors, surveillance and control, has the following rights: 1) check for compliance with the laws and requirements of the plant protection sector;
2) without prior notice, to visit the people who work in the field of plant protection, request and receive documents and information, as well as to take samples for laboratory examination.
(6) national plant protection services collects and disseminates technical information about harmful organisms, develop recommendations for their control and eradication measures, as well as the exchange of information between countries in the area of plant protection and the provision of information to the European Commission, the Member States of the European Union and international organisations.
(7) the European Commission and experts of the Member States of the European Union, together with the national plant protection service officials can carry out in the field of plant protection in Latvia. ";
Add to article at the eighth, ninth and tenth by the following: "(8) national plant protection service decisions can be a challenge and appeal against administrative process regulatory laws.
(9) national plant protection services in the decision on the application of phytosanitary measures and the distribution of the plant protection product, or suspension or prohibition of the use of enforceable immediately. The Director of the service is entitled to a written decision to suspend recipient adverse administrative action of the Act, if the person's application for suspension of the administrative act.
(10) the application of a higher authority or submission of application to the Court to challenge the decision on the application of phytosanitary measures, does not suspend the operation of this decision. "
4. in article 5: Express 1 and 2 in the following wording: "1) rules on plant quarantine, specifying the phytosanitary control and monitoring procedures, plant growers, plants, plant products and contact with them in the object processor, Storer, dealer, importer and exporter of registration, phytosanitary measures, applicable for plant-health control subject of the plants, plant products and items in contact import and distribution procedure, health service arrangements the establishment of protected areas, and maintenance procedures, as well as plants, plant products and the movement of objects in the face of these zones, the order in which the information to be provided to the European Commission, and the crossing point of the minimum equipment of phytosanitary controls;
2) rules on chemical plant protection products and micro-organisms and viruses containing the registration of plant protection products; ";
Express points 5 and 6 by the following: "5) rules on the distribution of plant protection products, storage and use, establishing trading sites, izvirzāmo obligations and rights of individuals, of plant protection products in the import and export procedures, as well as of plant protection products and plant protection products registered in the order of movement and control;
6) provisions on prohibited plant protection products, the dissemination and use; ";
to supplement the article with 7, 8, 9, 10, 11 and 12 of the following paragraph: "7) rules about the order in which the Parties shall bear the expenses related to the registration of plant protection products, for plant-health control registration of persons subject to plant-health checks, laboratory tests or the service of a document, phytosanitary measures forced pursuit and phytosanitary border control;
8) rules on the classification of the plant protection product, packaging and labelling;
9) rules for the order in which the certificate is issued to the plant protection products efficiency testing;
10) rules on the introduction of harmful organisms, plants, plant products and contact with them in the trial or scientific purposes and for work on varietal selections for import or movement of objects;
11) rules on the registration of living organisms;
12) rules on procedure in question special permission (license) of the plant protection product for distribution. "
5. To make article 6 by the following:

"article 6. The Minister of Agriculture of Agriculture Minister competence in the field of plant protection performs the following tasks: 1) confirms the service instructions for the specific plant quarantine and plant protection measures;
2) approved plant protection fees provided in the service cost (price list);
3) if the national territory arises from the risk of spreading harmful organisms, plants, plant products and items in contact for import, production or transfer can determine the phytosanitary measures, publishing them in the newspaper "Gazette";
4) confirms the phytosanitary requirements of plants, plant products and contact with them came an admission and distribution in Latvia and the European Union by establishing: (a) the plant quarantine organisms) to the list of import and distribution are prohibited, b) where plant quarantine organisms infected in certain plants, plant products and items in contact — plant quarantine organisms list, c) the plants, plant products and contact with them in the list of items the importation of which is prohibited in the European Union, d) the special requirements of plants, plant products and contact with them in the articles for distribution or importation into the European Union, the European Union, e) the plants, plant products and their contact list of firms subject to plant-health control before distributing them in the European Union, the production or manufacturing site, f) the plants, plant products and contact with them in the list of items subject to plant-health control prior to import into the European Union, if originating outside the European Union, l) the plants, plant products and contact with them in the list of items of which the protected zones is prohibited or in respect of which a significant special requirements, h) the European Union set out in the list of protected zones;
5) confirms the long-term program of certain harmful organisms from spreading. "
6. To make article 7 by the following: ' article 7. Plant protection products (1) Latvia permitted to distribute or use the registered plant protection products.
(2) the application of the plant protection product, submitted for inclusion in the register of the person who is responsible for the plant protection product, a first-time distribution in Latvia, or its authorized person (hereinafter applicant for registration). The registration of the applicant's registered office on the territory of the European Union.
(3) a decision on the inclusion of the plant protection product in the register of the national plant protection services shall adopt within one year from the date of registration, the applicant shall file the documents supporting the assessment of plant protection products.
(4) a registered plant protection products intended for distribution or use of any of the Member States of the European Union or for export outside the territory of the European Union, may be imported, manufactured, stored or transported in the order of the Cabinet of Ministers established the distribution of plant protection products.
(5) the plant protection products shall be entered in the register for ten years. In order to ensure the possibility of gradually appreciating the new active substance characteristics and speed up new active substances of plant protection products containing accessibility for users, national plant protection services may include plant protection product in the register for a period of up to three years in the laws on the registration of plant protection products within the order.
(6) scientific research and development of plant protection products intended for experiments and trials related to the register of plant protection products in the distribution and use of the environment, authorised to carry out only if the State plant protection service permits research and experiment. These plant protection products authorised for use only in controlled conditions, limited and restricted areas. Genetically modified organisms for plant protection products containing distribution environment also need a permit issued in accordance with the laws and regulations on the use of genetically modified organisms and distribution.
(7) If a particular harmful organism inevitably threaten crops and those harmful organisms can not fight with the registry for existing plant protection products or other plant protection measures, the national plant protection services for up to 120 days in accordance with the regulations on the registration of plant protection products may be granted authorisation of plant protection products for the distribution and use of limited (controlled conditions), which does not comply with the conditions of registration.
(8) including the register of plant protection products, the registration of such a class: 1) first grade: plant protection products that are used in plant protection specialist;
2) second class: plant protection products that may be used for persons who have received a certificate for the plant protection knowledge minimum;
3) third class — plant protection products that may be used for all parties.
(9) the seed and substrate, containing plant protection products or on which they caught up, may be imported and distributed, if these features are included in a register or registration in one of the Member States of the European Union. The name of the active substance and dosage indicated on the packaging of seed and substrate.
(10) national plant protection service enables all stakeholders to get information about the register of plant protection products and the products contained within it, as well as a yearly issue of registered plant protection products list. "
7. in article 8: Add to the name of the article after the word "distribution" with the words "and use";
turn off the first paragraph, the words "import and";
make the second paragraph as follows: "(2) plant protection products may be distributed or used if they are classified, packaged and labelled in the legislation concerning the placing of plant-protection products classification, packaging and labelling in accordance with the procedure laid down and packed in the original packaging with the manufacturer on the labelling, in the Latvian language, which contains the name of the plant protection product, the product registration number and class, the form and the preparatory action, the name of the active substance and its concentration in a preparation , name of manufacturer, date of manufacture and expiry, the hazardous characteristics, usage instructions, instructions on first aid and the provision of other information approved by recording those funds. "
turn off the third sentence of the third paragraph;
to complement the fourth paragraph by the word "distribution" (fold) with the words "or use" (fold);
turn off the sixth paragraph, the words "imported or";
Supplement to the eighth article as follows: "(8) experiments and studies or measures if a particular harmful organism inevitably threaten crops, plant protection products authorized to distribute original package with a manufacturer's label indicating the appropriate hazard symbols, risk and security measures, and that is an indication of the trade ban."
8. Article 10: make the first paragraph by the following: "(1) the Person uses of plant protection products in accordance with the indications in the labelling, the European and Mediterranean plant protection organization established good plant protection practice as well as, where possible, in accordance with the principles of integrated pest management.";
in the fifth subparagraph, replace the words "the law" on hazardous waste ' "with the words" laws, which define the arrangements for the management of waste ".
9. in article 12: make the third paragraph as follows: "(3) If, in the territory of the country the risk of spreading harmful organisms, the national plant protection service may propose to the Minister of agriculture to determine the phytosanitary measures of the plants, plant products and items in contact for import, production and movement."
to supplement the article with the fourth and fifth by the following: "(4) a Person shall be obliged to immediately notify the national plant protection services of quarantine organisms of plants or other organisms, or unfamiliar symptoms appear.
(5) national plant protection services develop long-term programs of certain harmful organisms from spreading. "
10. Article 13, second paragraph: make point 2 as follows: "2) visually inspect the plants and plant products and plant quarantine organism or other organisms, or unfamiliar symptoms appear immediately to inform the national plant protection service;";
Add to part with point 5 and 6 by the following: "5) to inform the national plant protection services of the changes to the information contained in the register;
6) provide State plant protection service of the required written information on plants and plant products the cultivation, production and storage sites. "
11. in article 14: to supplement the first part before the word "State" with the words "and the European Union";
make the fifth subparagraph of paragraph 1 by the following: "1) back to the State in question or be removed from the infected or infested products, general cargo part authorize, if you ensure that there is no risk of spreading harmful organisms;";

Add to sixth with the words "cabinet order";
replace the seventh paragraph, the words "Cabinet" with the words "Minister of agriculture".
12. in article 17: make the second paragraph as follows: "(2) the national plant protection service check the plants and plant products, analysing the introduction of harmful organisms or spread risk and, on the basis of the results obtained, the proposal gives the European Commission recognised as a protected zone for the whole or part of the territory of Latvia in which the existence of appropriate conditions have not invaded and penetrated by one or more specific harmful organisms, but there is a danger that these organisms favoured ecological conditions, they can be introduced and spread. "
to supplement the article with the seventh and eighth by the following: "(7) to distribute for plant-health control exposed plants, plant products and those in contact with firms in Latvia and the European Union, plants and plant products is accompanied by a plant Passport attesting to plants and plant products in conformity with plant health requirements.
(8) the harmful organisms, plants, plant products and those in contact with firms in the science, trial or breeding of varieties needs imported or moved if the national plant protection services. "
13. Article 18, second paragraph: make paragraph 3 by the following: "3) ask people to make plants and plant products, plants, plant products and contact with them in the processing of objects with corresponding plant protection products and disinfection when detected in plant quarantine organisms and plants and plant products do not comply with the phytosanitary requirements, as well as instructs to use certain devices, techniques, or move the plants and plant products to zones that they will not result in additional risks, or move the plants and plant products to the industrial processing sites, as well as the plant growing and harvesting procedures, controls the execution of these measures; "
Add to paragraph 6, the words "cabinet order".
14. off the fourth paragraph of article 20.
15. transitional provisions: mute (4) and (5);
transitional provisions be supplemented with 6, 7 and 8 of the following: "6. The Cabinet of Ministers issued to: 1) on 1 May 2004 the provisions on registration procedures for living organisms;
2) on 1 May 2004 has provisions on procedures to be issued special permits (licenses) of the plant protection product distribution;
3) 1 May 2004 for the rules for the order in which the Parties shall bear the expenses related to the registration of plant protection products, for plant-health control registration of persons subject to plant-health checks, laboratory tests or the service of a document, phytosanitary measures forced pursuit and phytosanitary border control;
4) 1 May 2004 for the provision of chemical plant protection products and micro-organisms and viruses containing the registration of plant protection products;
5) 1 May 2004 for the rules on the distribution of plant protection products, storage and use, establishing trading sites, izvirzāmo obligations and rights of individuals, of plant protection products in the import and export procedures, as well as of plant protection products and plant protection products registered in the order of movement and control;
6) 1 May 2004 for the rules on the introduction of harmful organisms, plants, plant products and contact with them in the trial or scientific purposes and for work on varietal selections for import or movement of objects;
7) July 1, 2004, to the rules on the classification of the plant protection product, packaging and labelling;
8) July 1, 2004, the rules for the order in which the certificate is issued, the right to pursue the efficacy of plant protection products on the verification tests.
7. by 1 May 2004 issued to special permissions (licenses) of the plant protection product to trade shall be in force until the date specified in them.
8. by 1 May 2004 registered plant protection products remain the designated registration deadline and registration conditions ".
16. To supplement the law with the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions arising from the Directive 91/414/EEC, 95/44/EEC, 2000/29/EC, 93/71/EEC, 92/90/EEC, 92/105/EEC, 92/76/EEC, 94/3/EC, 93/49/EEC, 98/24/EEC, 79/117/EEC, 2001/60/EC , 2002/89/EC, 2003/82/EC. "
The law shall enter into force on 1 May 2004.
The Parliament adopted the law of 11 March 2004.
State v. President Vaira Vīķe-Freiberga in Riga on 25 March 2004, an editorial added: the law shall enter into force on 1 May 2004.