Act No. 131 / 2006 Coll.
Act amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Laws, as amended, Act No. 455 / 1991 Coll., on Commercial Business (Trade Trade Act), as amended, Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
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Effective from 14.04.2006
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131
THE LAW
of 14 March 2006
amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Laws, as amended, Act No. 455 / 1991 Coll., on Business Business Business (Trade Act), as amended, Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Plant Health Act and amendment of certain related laws
Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 626 / 2004 Coll. and Act No. 444 / 2005 Coll., is amended as follows:
1. In Article 1 (1), the words "adjusted in accordance with 'are replaced by the words" incorporating the relevant' and the words "and amended 'are inserted after the word" social1'.
2. In footnote 1, the following sentence is inserted after the sentence "Council Directive 2002 / 89 / EC of 28 November 2002 amending 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 ':" Commission Directive 2004 / 103 / EC of 7 October 2004 on identity checks and plant health checks of plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000 / 29 / EC, which may be carried out at a point of entry into, or at a point in its vicinity, and the conditions relating thereto.'.
3. in Article 1 (1) (a), the words' in the field of agriculture, forestry and green 'shall be deleted;
4. in Article 1 (1) (e), the words "harmful organisms" shall be inserted after the words "influence."
5. in Article 2 (1) (a), the word 'in particular' shall be deleted;
6. In Paragraph 2 (1), at the end of point (a) of the comma, the following point 11 is added:
'11. other parts of plants which may be determined in accordance with the procedure laid down in the Regulation of the European Communities (1a);
"(1a) Article 18 (2) of Council Directive 2000 / 29 / EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community, as amended by Council Directive 2002 / 89 / EC of 28 November 2002 amending Directive 2000 / 29 / EC on protective measures against the introduction into and the spread within the Community of organisms harmful to plants or plant products."
7. In Article 2 (1) (v) (1), the words "paper or electronic 'are inserted after the words" for re-export'.
8. In Article 2 (2) (b), the words "plant, plant products or other objects' are replaced by the words" goods' and the words "is issued if one phytosanitary certificate or one phytosanitary certificate for re-export 'are required.
(9) footnote 2:
"(2) Council Regulation (EEC) No 2913 / 92 establishing the Community Customs Code, as amended. Convention on a common transit procedure between the countries of the European Free Trade Association (EFTA) and the European Economic Community, as amended, published under No 179 / 1996 Coll. '
10. in Paragraph 2 (2) (c), the word "units" shall be deleted;
11. in Paragraph 2, the dot is replaced by a comma at the end of paragraph 2 and the following points (s) to (y) are added:
"(s) the point of entry where plants, plant products or other objects enter the customs territory of the European Communities for the first time: in the case of air transport by airport, in the case of sea or river transport by port, in the case of rail transport by railway station, in the case of other transport by rail, the office of the customs office in whose territorial jurisdiction the territorial boundaries of the European Communities are crossed in their territory;
(t) the office of entry in the Member State of the European Union to which the entry point is subject;
(u) by the office of destination, the office in the Member State of the European Union within the territorial competence of the office of destination;
(v) the customs office of entry as defined in (s);
(w) customs office of destination office of destination according to the Regulation of the European Communities (4a);
(x) customs-approved treatment or use of the customs-approved treatment or use referred to in the Regulation of the European Communities (4b);
(y) transit of goods subject to customs supervision from one place to another within the customs territory of the European Communities, as referred to in the Regulation of the European Communities (4c) and in accordance with the Convention on a common transit procedure between the countries of the European Free Trade Association (EFTA) and the European Economic Community (4d).
(4a) Article 340b (3) of Commission Regulation (EEC) No 2454 / 93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913 / 92 establishing the Community Customs Code, as amended.
(4b) Article 4 (15) of Council Regulation (EEC) No 2913 / 92.
(c) Article 91 of Council Regulation (EEC) No 2913 / 92.
4d) Convention on a common transit procedure between the countries of the European Free Trade Association (EFTA) and the European Economic Community, as amended, published under No 179 / 1996 Coll. '
12. in Article 3 (1) (b), the words "where appropriate, biocidal products placed on the market under specific legislation (4e) and authorised by the plant health authority (§ 37 (3)) shall be inserted after the words" under this law ";"
Footnote 4e:
"(4e) Act No. 120 / 2002 Coll., on the conditions for placing biocidal products and active substances on the market and amending certain related acts, as amended by Act No. 186 / 2004 Coll. '.
13. in Article 4 (1), point (c) is deleted;
Point (d) shall be renumbered (c).
14. in Article 6 (1) and (2):
"(1) A natural or legal person intending to cultivate breeding, reproduction or reproduction material subject to recognition procedure under specific legislation (6), (7) may, prior to the establishment of the relevant crop, request the phytosanitary authorities to carry out a survey of the presence of harmful organisms whose presence impedes the recognition of such plants. The survey shall be carried out at the place designated for the production of the material and, where appropriate, in the immediate vicinity thereof. The types of plants covered by the possibility of carrying out the survey and further details shall be laid down in the implementing legislation.
(2) Where plant health management on the crop or on propagating or reproduction material subject to recognition under specific legislation (6), (7) finds that harmful organisms are present and the presence of such plants is an obstacle to the recognition of such plants, it shall inform the Ministry of Agriculture and, in the case of forestry, the Ministry (hereinafter referred to as the competent administrative authorities) which ensure the recognition procedure in writing. It shall also inform the competent administrative authorities of the regulations on emergency plant health measures provided for in Article 76 in so far as they concern recognised crops and propagating or reproduction material. ';
Paragraph 3 is deleted and paragraph 4 becomes paragraph 3.
15. The following Section 6a is inserted after Section 6:
Laboratory activities in the plant health sector
(1) In order to deepen and coordinate laboratory activities in the field of professional plant health activities related to the performance of the administration under Section 81, the plant health authority shall exercise the responsibility of the national reference laboratory for diagnostics and testing and of the national reference laboratories for preparations and other plant protection products.
(2) The Ministry mandates, in accordance with § 71 (1) (b), natural or legal persons to exercise the competence of the national reference laboratory for further laboratory activities on the section of professional plant health activities referred to in § 81 which is not carried out by the plant health administration and to exercise the competence of the reference laboratory for laboratory activities on the section of professional plant health activities under § 81. The authorisation shall be issued if the plant health authority finds, by means of an expert audit, that the person concerned complies with the technical requirements for the recognition of the national reference laboratory or reference laboratory and the conditions for the performance of their activities laid down in the implementing legislation.
(3) National reference laboratories
(a) shall act as a central source of standard information in the relevant sections of professional plant health activities;
(b) cooperate with the similarly targeted sites of the Member States of the European Union;
(c) coordinate the cooperation of reference laboratories in their areas of focus;
(d) together with the reference laboratories, they are an expert basis for ensuring the performance of public administration in the areas of their focus.
(4) The Ministry shall withdraw the mandate referred to in paragraph 2 if the national reference laboratory or reference laboratory does not comply with the requirements or conditions referred to in paragraph 2.
(5) The plant health service publishes the list of national reference laboratories and reference laboratories, including the focus of their activities in the Bulletin of the State Plant Health Administration ("Bulletin"). '
16. in Paragraph 7 (2):
"(2) The prohibition referred to in paragraph 1 (a) shall not apply to cases established in accordance with the procedure laid down in the Regulation of the European Communities (1a) concerning the low presence of harmful organisms laid down by implementing legislation on plants not intended for cultivation or permitted tolerances for harmful organisms laid down by implementing legislation on plants intended for cultivation. The Plant Health Administration shall publish these cases in the Bulletin. ';
17. footnote 8 is deleted, including the footnote references.
18. in Paragraph 7 (3), footnote 8 is replaced by footnote 1a;
19. in Article 7 (5) (b), the words "and to relocate" shall be inserted after the word "import" and the words "if they come from certain countries" shall be deleted;
20. in § 8 (1) (d):
"(d) details of the procedure and conditions for the authorisation to handle the quarantine material and the period of validity of the authorisation;"
21. In Paragraph 10 (1), the first sentence is replaced by the sentence "The plant health administration carries out monitoring and also carries out an occurrence survey in the Czech Republic
(a) the harmful organisms referred to in Article 7 (1) (a);
(b) harmful organisms which have not yet been detected in the territory of the Czech Republic and invasive harmful organisms provided for in the implementing legislation, where they present a risk for plants or plant products in that territory grown, produced or stored or, where appropriate, for the environment, in accordance with paragraph 2. ';
22. in Article 10 (3), the words "with an international treaty adopted by the Czech Republic, which is binding on 9)" shall be replaced by the words "with a regulation of the European Community9),"
footnote 9:
"(9) Council Decision 2004 / 597 / EC of 19 July 2004 approving the accession of the European Communities to the International Plant Protection Convention revised and approved by Resolution 12 / 97 of the 29th session of the United Nations Food and Agriculture Conference (FAO) in November 1997."
23. Paragraph 12 (4) reads:
"(4) The plant health service shall, within 3 months of the date of receipt of the application referred to in paragraph 3, issue to the applicant proof of registration, which is not a decision under the Administrative Code (11), if it finds that the applicant is fit to fulfil the obligations laid down in Article 13 and, taking into account the required scope of registration, also the special conditions referred to in Article 15 (1) or the obligations arising from exceptional plant health measures ordered under Article 76 (2). ';
24. In Article 12, the following paragraph 5 is inserted after paragraph 4:
"(5) If the plant health authority finds that the applicant is not fit to fulfil the obligations and conditions referred to in paragraph 4, it shall initiate the procedure and decide to reject the application. ';
Paragraphs 5 to 8 shall be renumbered paragraphs 6 to 9.
25. in Paragraph 14 (4), the words "on the territory of the Czech Republic" shall be inserted after the words "paragraph 1";
26. in Paragraph 16 (1):
"(1) A plant passport shall be issued if it is demonstrated by continuous plant health checks carried out pursuant to Article 15 (2) that:
(a) the requirements laid down in Paragraph 15 (1) are met; or
(b) the risk arising from the presence of the harmful organism concerned or from non-compliance with the specific requirement referred to in Article 15 (1) is excluded on the basis of compliance with the measures ordered by the plant health authority pursuant to Article 15 (6). "
27. In Article 16, the following paragraph 2 is inserted after paragraph 1:
"(2) The issue of a plant passport shall be understood as being made out in accordance with the implementing legislation establishing the form and particulars of the plant passport. The plant passport issued shall be secured before its misuse until it is transmitted to the applicant. ';
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
28. in Article 21 (1) (d):
"(d) bear an original phytosanitary certificate or a phytosanitary certificate for re-export, or under the conditions laid down in accordance with the procedure laid down in the Regulation of the European Communities (1a), an electronic form of that certificate, provided that the certificate is drawn up and complies with the requirements laid down in Section 23, or the original of another document, provided that it is established in accordance with the procedure laid down in the Regulation of the European Communities (1a), or that the technical requirements laid down in that Regulation are fulfilled, the certified copies being recognised, provided that they are in accordance with the procedure laid down in the Regulation of the European Communities (1a),";
29. In Article 21, at the end of paragraph 1, the words "and the customs procedure for free circulation in connection with the termination of the outward processing procedure (13) 'shall be added after the word" use'.
30. Footnote 13:
"(13) Article 4 (16) of Council Regulation (EEC) No 2913 / 92."
(31) footnote 14 is deleted, including the footnotes.
32. in Paragraph 21 (2):
"(2) Plants, plant products or other objects other than those referred to in paragraph 1, including wood in the form of tranches, beams, pallets or packaging material, which are used for the transport of goods of all kinds imported from third countries into the Czech Republic, may be subjected to an import phytosanitary inspection carried out by the plant health authority in accordance with Article 22 in order to determine whether they are contaminated or contaminated by harmful organisms as referred to in paragraph 1 (a) or harmful organisms not yet detected in the Czech Republic. Where the control provided for in this paragraph is initiated, the relevant plants, plant products or other objects may be placed under the customs procedure of free circulation, inward processing, processing under customs supervision, temporary importation and the customs procedure of free circulation in connection with the termination of the outward processing liaison procedure (13) only if, on the basis of the result of that check, it is evident that they comply with the relevant provisions of this law. The phytosanitary service shall immediately notify the importer of the consignment and the competent customs office of entry and, where appropriate, the customs office of destination of the commencement of the inspection. ';
33.In Paragraph 21 (4), the words' its customs procedure 'shall be replaced by' the procedure for the allocation of a customs-approved treatment or use ';
34. in Article 21 (5), the words "customs" shall be deleted;
35. footnote 15:
"15) Article 166 of Council Regulation (EEC) No 2913 / 92."
36. In Article 21, after paragraph 6, the following paragraphs 7 to 9 are added:
"(7) Where there is a risk of spreading harmful organisms, plants, plant products or other objects to be placed in a free zone or a free customs warehouse (15a) shall also be subject to plant health control, re-exported from the customs territory of the European Communities, destroyed or left for the benefit of the State (15b) or which are designed to be placed under the customs transit procedure (15c) or the customs warehousing procedure (15d). To this end, the customs office shall, under its supervision, allow import phytosanitary checks to be carried out.
(8) The provisions of paragraph 1 shall be without prejudice to the provisions of paragraphs 4 and 9, § 7 (2), § 27 (1) and (2) and the provisions relating to the measures declared pursuant to § 11 and the measures and guarantees provided for in the granting of exemptions under § 71 (2) and (3). It shall also be without prejudice to specific agreements concluded between the European Communities and one or more third countries on matters covered by paragraph 1.
(9) Plant health measures taken by a third country for export to the European Communities are recognised as equivalent to those of the European Communities, provided that this is provided for by the European Community Regulation (1).
15a) Article 166 et seq. of Council Regulation (EEC) No 2913 / 92.
(15b) Article 182 et seq. of Council Regulation (EEC) No 2913 / 92.
(15c) Articles 91 et seq. and 163 et seq. of Council Regulation (EEC) No 2913 / 92.
(15d) Article 98 et seq. of Council Regulation (EEC) No 2913 / 92. '
37. in the introductory sentence of Paragraph 22 (2), the words "Paragraph 21 (1) and (3)" shall be replaced by the words "Paragraph 21 (1) to (3)" and the words "in accordance with Paragraph 24," shall be inserted after the words "Implementation," the words "in parallel with the inspection of the particulars required for the customs procedure under the European Communities Regulation (EC) 15e) and."
footnote 15e:
"(15e) Council Regulation (EEC) No 2913 / 92."
38. in Article 22 (2) (a), the words "or the designation" shall be inserted after the words "the required documents."
39. in Paragraph 22 (2), the words "and where the provisions of Paragraph 11 (2) need to be applied" shall be added at the end of point (c).
40. In Article 22, at the end of paragraph 2, the dot is replaced by a comma and the following point (d) is added:
"(d) does not contain plants or plant products as referred to in Article 21 (1) (b).";
41. In Article 22, at the end of paragraph 3, the dot is replaced by a comma and the following points (d) to (f) are added:
"(d) certify that the documentary check is carried out by stating its name and the date of presentation of the relevant document on the relevant original or electronic form of the phytosanitary certificate or phytosanitary certificate for the re-export or other document referred to in Article 21 (1) (d) and, where appropriate, also records the carrying out of such check, identity check and health check on the plant health document for the movement of the consignment or lot, issued in accordance with Article 25 (5), in the manner provided for in the implementing legislation;
(e) keep the original or a copy of the plant health document for the movement of that consignment or lot, drawn up in accordance with Article 25 (5), for the period laid down in the implementing legislation, in accordance with specific legislation17a) after the completion of the import phytosanitary inspection of the consignment or lot;
(f) carry out the import plant health inspection provided for in Articles 21 (1) to (4) only through staff who fulfil the conditions of professional qualifications referred to in Article 82 (2).
17a) Act No. 499 / 2004 Coll., on archiving and file services and amending certain laws, as amended by Act No. 413 / 2005 Coll. '.
42. In Section 22, paragraphs 5 and 6 are added, including footnotes 17b and 17c:
"(5) Identity and health check may be carried out at reduced frequency if:
(a) by agreement concluded in accordance with Article 27 (3), the import plant health checks on plants, plant products or other objects in the consignment or lot have already been carried out in the exporting third country;
(b) they are plants, plant products or other objects in a consignment or a lot referred to in the Regulation of the European Communities (17b); or
(c) plants, plant products or other objects in the consignment or lot come from a third country for which a reduced frequency of identity and health checks has been established in general international plant health agreements concluded on the basis of the principle of reciprocity between the European Communities and a third country;
If there are no serious reasons to believe that the technical requirements laid down by the European Communities Regulation (1) and by this Act (paragraphs 21 to 25) are not met.
(6) The plant health checks referred to in paragraphs 1 to 5 may also be carried out at a reduced frequency provided that this is provided for in a bilateral or multilateral agreement on the recognition of the equivalence of plant health measures (17c), or provided that this is provided for in accordance with the procedure laid down in the Regulation of the European Communities (1a), provided that the specific conditions laid down in this Regulation are met.
(17b) Commission Regulation (EC) No 1756 / 2004 of 11 October 1994 laying down detailed conditions for the documentation required and the criteria for the manner and extent of restrictions on plant health checks for certain plants, plant products or other objects listed in Part B of Annex V to Council Directive 2000 / 29 / EC.
(17c) Article 15 (2), second subparagraph, of Council Directive 2000 / 29 / EC. "
43. In Paragraph 23 (1), the second sentence is replaced by the following: "This certificate must be:
(a) designated by the plant protection organisations of the Member States of the European Union;
(b) issued in a third country which exports or reexports the goods in question, in accordance with the legislation of that third country, adopted in accordance with the provisions of the European Community Regulation (9), irrespective of whether the country concerned is a Contracting Party to the International Plant Protection Convention 1997. "
44. In Article 23, the following paragraph 3 is added:
"(3) The implementing act shall provide for the means of confirmation of compliance with the specific requirements of Articles 21 (1) (c) and 21 (3) (c) in the phytosanitary certificate or phytosanitary certificate for export. '.
45. in Paragraph 24 (2):
"(2) Importers of a consignment or lot subject to an import phytosanitary inspection pursuant to § 21 (1) or (3), or any other person authorised by the importer, shall be obliged to the plant health service at the place designated as the place of import phytosanitary inspection pursuant to § 25.
(a) notify in writing the expected date of import of such lot or consignment as soon as it becomes aware of it;
(b) notify in writing, at the latest at the beginning of the import phytosanitary inspection, the particulars relating to the lot or consignment concerned, on at least one of the documents required for placing under the customs procedure referred to in Article 21 (1), and the particulars of the documents accompanying the consignment or lot to the place of inspection; and
(c) update the data notified under point (b) within one month of the date on which their amendment took place.
The particulars referred to in point (a) shall also be notified to the customs office responsible for import phytosanitary checks. The model of the notification referred to in point (a) and the particulars of the notification referred to in point (b) shall be laid down in an implementing act. ';
46. Paragraph 25, including the title and footnote 18, reads as follows:
Place of import phytosanitary inspection
(1) The documentary check, the check provided for in Articles 21 (4) and 22 (2) (d) shall be carried out at the points of entry established in accordance with the international Treaty (18) in the Czech Republic. The entry points are Prague-Ruzyně airport, Brno-Turany airport, Ostrava-Mošnov airport and the filling post Prague 1; other entry points can be established by implementing legislation. The updated list of entry points in the Czech Republic is sent by the plant health administration to the Commission and the other Member States of the European Union.
(2) Identity and health check shall be carried out in conjunction with the customs formalities required for placing under the customs procedure referred to in Article 21 (1), either at the points of entry referred to in paragraph 1 or at any other place situated close to the point of entry and designated or approved by the customs authorities and the plant health service other than the place of destination within the meaning of paragraph 3 (b).
(3) If, in agreement with the office of destination, the authority of the point of entry decides to the plant health administration within the territory of the Czech Republic that the identity and health check cannot be carried out at the place referred to in paragraph 2 to the extent provided for in paragraph 22 (1) in order to meet the objective of the inspection referred to in paragraph 2, those checks may be carried out in whole or in part by the office of destination, without prejudice to the provisions of paragraphs 4 and 5,
(a) in the case of transit of goods not originating in the European Communities, at the place of destination of those goods, either at the premises of the office of destination or at any other place situated near the premises of that office and for the purpose of carrying out such checks, approved by the customs office of destination, other than the place of destination referred to in (b);
(b) in the case of goods other than those referred to in (a), at the place of destination of those goods, including the place of end-use, approved for the purpose of carrying out such checks by the competent customs office of destination and by the office of destination.
(4) If no agreement has been reached between the office of entry point and the office of destination on the place of identity and health check, such checks shall be carried out by the office of entry point at one of the places referred to in paragraph 2.
(5) The identity check and health check of the consignment or lot in question may be carried out at the place referred to in paragraph 3 and in the territory of the Czech Republic, approved in accordance with the procedure laid down in § 25a (hereinafter referred to as "approved place") only if the requirements concerning the transport of the consignment or lot concerned to and storage at the approved point of entry are fulfilled and the consignment is provided at the point of entry, without prejudice to the provisions of § 21 (1) (d), by the plant health document of movement, issued by the office of entry point and under the supervision of that office by the importer.
(6) The operator of the point of entry and the point of entry referred to in paragraph 2 shall, in return for payment to the phytosanitary service, provide suitable premises to enable the minimum requirements for the performance of import phytosanitary checks. Where the organisation of the State is the operator of this site, it shall provide the plant health service with free remuneration.
(7) The implementing act provides for:
(a) other entry points referred to in paragraph 1;
(b) the requirements laid down in paragraph 5;
(c) the particulars of the plant health document of movement of the consignment and the method of its confirmation by the importer referred to in paragraph 5;
(d) the minimum requirements for technical and professional equipment and equipment of the point of entry, the place referred to in paragraph 2 and the approved place of import phytosanitary inspection referred to in Article 21 (1) to (4).
18) International Convention on the Harmonization of Border Controls of Goods of 21 October 1982, published under No 55 / 1992 Coll. '
47. After Paragraph 25, the following Sections 25a and 25b are inserted:
Procedure for the approval of places for identity and health checks of consignments or lots
(1) Where an importer of a consignment or lot subject to an import phytosanitary inspection pursuant to Article 21 (1) or (3) intends to submit that consignment or lot for identity and health check at a place other than that provided for in Article 25 (1) and (2), that importer or, where appropriate, the owner or user of that place shall, in agreement with the importer, request the phytosanitary service to approve that site at least 1 month before the expected date of the first entry into the territory of the European Communities of such consignment or lot. The particulars of this application as referred to in the first sentence shall be laid down in the implementing legislation.
(2) The plant health service shall verify the information contained in the application, verify that the proposed site referred to in paragraph 1 complies with the minimum requirements for technical and professional equipment and equipment referred to in Article 25 (7) (d) and that the conditions of storage of the consignment or lot referred to in Article 25 (5) can be met at that place and issue:
(a) the decision to approve the proposed place for carrying out the identity and health check of the consignment or lot; or
(b) a decision to refuse an application if it finds that the proposed site referred to in point (a) does not meet the minimum requirements for technical and professional equipment and equipment referred to in Article 25 (7) (d) or the conditions for storage of the consignment or lot referred to in Article 25 (5) cannot be met at that point.
(3) Plant health management
(a) inform the customs authorities of destination of the decisions taken pursuant to paragraph 2 (a);
(b) keep an updated list of the places approved under paragraph 2 (a) and Article 25 (2);
(c) allow, on request, the Commission and the Member States of the European Union access to the updated list of places referred to in point (b).
(4) The plant health service shall cancel or suspend, where appropriate, the approval of the approved site for the importer concerned if that importer, in particular grossly or repeatedly, infringes the condition laid down in Article 25 (5) or breaks the obligation laid down in accordance with Article 24 in relation to the approved site. The plant health service shall notify the Commission and the Member States of the European Union concerned of the infringement of these conditions.
Procedure for carrying out the identity and health check of the consignment and, where appropriate, the lots at their destination
(1) Where a consignment or lots are dispatched for identity and health check to a destination as referred to in Section 25 (3) from an entry point in the Czech Republic, the plant health service shall issue a plant health certificate as referred to in Section 25 (5) at the entry point for that consignment and, where appropriate, a plant health certificate as referred to in Section 25 (5).
(2) Where the identity and health check of the consignment concerned are to be carried out at an approved place, the lot may only be transported to a place approved in advance for that consignment or, where appropriate, to a lot. Any change to the approved place shall be agreed by the office of entry which decided on the original approved place in accordance with Paragraph 25 (3), the office of destination of the competent newly requested place of inspection and the customs office of destination of destination.
(3) The plant health management shall ensure, using the plant health document of movement issued in accordance with Article 25 (5) in writing or by electronic transmission of data, the exchange of relevant consignment data and, where appropriate, the lot to be delivered to an approved place in the Czech Republic or another destination in the territory of the European Communities, including the way in which they are transported and packed, between the competent office of entry, office of destination and the customs office of destination, and otherwise cooperate with them. "
48. in Article 26 (1) (a) to (e):
'(a) the removal of the contaminated or contaminated object from the consignment;
(b) storage at the place and under conditions laid down by the plant health service before the final results of official laboratory or other tests are known;
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Regulation Information
| Citation | Act No. 131 / 2006 Coll., amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended, Act No. 455 / 1991 Coll., on Business Business (Trade Trade Act), as amended, Act No. 229 / 1991 Coll., on the Treatment of Property Relations with Land and Other Agricultural Property, as amended, and Act No. 569 / 1991 Coll., on the Land Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.04.2006 |
|---|---|
| Effective from | 14.04.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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