What is Act No. 147 / 1996 Coll.?

Act No. 147 / 1996 Coll., on Phytosanitary Care and Changes to Certain Related Laws — Law on Phytosanitary Care and Changes to Certain Related Laws.

When it became Act No. 147 / 1996 Coll. effectiveness?

Act No. 147 / 1996 Coll. became effective 01.01.1997.

Is Act No. 147 / 1996 Coll. still valid?

Yes, Act No. 147 / 1996 Coll. is still valid and effective.

How many times was it Act No. 147 / 1996 Coll. amended?

Act No. 147 / 1996 Coll. has 9 time versions of the text.

Act No. 147 / 1996 Coll. - Law on Phytosanitary Care and Changes to...

147

THE LAW

of 24 April 1996

on plant health and changes to certain related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

VEGETABLES

ODDÍL I

BASIC PROVISIONS

§ 1

Subject matter and scope of the adjustment

This Law lays down the authorisations and obligations of natural and legal persons in the field of plant health, provides for the protection of the national territory against the introduction and spread of quarantine harmful organisms and the conditions for the treatment of plant protection products, plant protection aids and plant protection mechanisation products, provides for the administration of the plant health sector and their scope and penalties for infringements of the obligations laid down.

§ 2

Basic concepts

(1) Plant health care is a summary of legal, technical, organisational and professional measures to preserve plant health and protect plant products.

(2) Plants are whole plants eligible for growth or reproduction or parts thereof: fruits in the botanical sense, except deep-frozen; vegetables other than deep-frozen vegetables; tubers, onions, rhizome and other vegetative parts of plants for cultivation; cut flowers; leaves and cut leaves; cultures of vegetable tissues; seeds in the botanical sense except those not intended for cultivation.

(3) Vegetable products are products of plant origin and parts of plants unprocessed or processed in a simple way, for example by drying or mechanically, if they are not plants; the wood is a plant product if it has at least partly a natural round surface, with or without bark, or if it is in the form of chips, chips, sawdust, wood waste or chippings or in the form of auxiliary wood used in the loading of consignments, transhipments, pallets or packaging material used for transporting articles and presents a risk to plant health.

(4) Any other object shall mean any object other than a plant or plant product which may be the carrier of the harmful organism and is subject to official measures.

(5) The harmful organisms are plants, animals or agents of diseases that cause or may cause damage to plants or plant products.

(6) Quarantine harmful organisms are harmful organisms which could cause economic damage in a territory where they are not yet present or in which they are only limited and against which official measures are applied.

(7) Disorders are harmful changes caused by adverse physical and chemical factors on plants.

(8) Chemical and biological plant protection products (hereinafter referred to as "products") are active substances or other substances processed in the form in which they are put into circulation and supplied to the user, intended for:

(a) the protection of plants or plant products from harmful organisms or to prevent such organisms from acting;

(b) affecting life processes in plants other than through their nutrition;

(c) preventing germination or preservation of plant products, unless they are subject to special regulations on preservatives, 1); or

(d) destruction or prevention of unwanted plants or parts thereof.

(9) Active substances are substances or organisms including viruses having a general or specific effect against harmful organisms or on plants, parts of plants or plant products; the chemical elements naturally occurring or produced and their compounds, including impurities inevitably arising from the production process, are considered as substances.

(10) Residues of preparations are one or more substances present in or on plants or plant products or foodstuffs of plant or animal origin or elsewhere present in the environment after the use of preparations, including their metabolites and products resulting from their degradation or as a reaction product.

(11) Integrated plant protection is a rational application of a combination of biological, biotechnology, chemical and cultivation measures where the use of chemical plant protection products is limited to the minimum necessary to maintain the presence of harmful organisms at a level where they do not cause economically unacceptable damage or loss.

(12) The treatment of products is the putting into circulation and use by natural and legal persons.

(13) Machinery and technical equipment, including complementary technological components and accessories, intended for the application of preparations or for the direct destruction of harmful organisms, are plant protection devices ("mechanisation devices').

(14) Placing in circulation is offering for sale, sale, trade storage, transport, export and import for sale or any other form of transfer to another person in business. (1a)

(15) The consignment shall be the quantity of plants, plant products or other objects transported from one country to another and on which, if required, one phytosanitary certificate is issued. The consignment may consist of one or more lots.

(16) The group shall be the quantity of plants, plant products or other objects identifiable, in particular by their uniform composition or origin.

(17) The official document, official measure or official act shall mean a document, measure or act issued, ordered or carried out by a competent authority of plant health or a document, measure or act issued, ordered or carried out under the authority of a plant health authority.

(18) The protected zone is a territory defined and declared under this Act in which a quarantine harmful organism is not established, although it may be established in one or more parts of the Czech Republic or in neighbouring countries of the Czech Republic, and in which the conditions for the establishment of that quarantine harmful organism are appropriate; the quarantine pest is considered to be established in a particular territory if it is generally known to occur in that territory and, nevertheless, exceptional plant health measures have not been taken to eradicate it or these measures have proved ineffective in at least two consecutive years.

(19) The separation zone is a territory in which a quarantine pest does not occur or is subject to exceptional plant health measures; the zone is adjacent to a quarantine pest free area or to a quarantine area.

(20) Quarantine territory is a territory in which a quarantine pest is present and which is subject to exceptional plant health measures.

(21) The plant passport is an official document demonstrating compliance with the provisions on the origin and health of plants and plant products laid down in this Act and which has been issued under this Act.

(22) The plant health certificate shall be an internationally recognised official document on the origin and health of the consignment.

(23) Safeguard period means time to be observed

(a) from the last treatment of plants or plant products, products until the start of the procedure

1. harvesting or feeding of plants; or

2. putting into circulation or feeding or beginning the processing of a plant product;

(b) from the use of the product

1. to the entry into the treated area or place of treatment of an unprotected person or animal; or

2. to handling treated plants or plant products; or

3. to sowing or planting subsequent crops or, where appropriate, replacement crops.

(24) Cultivation is an activity associated with planting plants in an environment that allows them to grow, reproduce or expand.

(25) Plants intended for cultivation are plants already grown, to be grown after being moved to another site, or plants not yet grown, to be grown.

(26) The growing substrate is a material that serves as or is intended for the growth of plants.

(27) Calamatic overgrowth means a significant increase in the presence of a harmful organism in which there is a risk of significant damage and which results in the need for emergency plant health measures.

(28) The indication is the definition of the use of the product, including in particular the following:

(a) the type of plant or plant product or group thereof;

(b) the harmful organism or group of harmful organisms or any other purpose of the use of the preparation.

(29) Good phytosanitary practice is a set of procedures that include:

(a) the application of integrated plant protection;

(b) the correct use of the products in accordance with the particulars on their packaging or package leaflet;

(c) preventing risks related to the use, handling or storage of products, in particular with regard to human and animal health and the environment;

(d) the use of preparations only in cases fully justified by the occurrence of harmful organisms or disturbances and the conditions for the occurrence of damage;

(e) deciding on the need for protective measures based on continuous monitoring of plant health, the presence of harmful organisms and environmental conditions;

(f) the preferential use of products presenting minimum risks to the environment, in particular groundwater.

(30) Auxiliary plant protection products (hereinafter referred to as "aids') are substances processed in the form in which they are put into circulation for the purpose of adjusting the properties or effects of the preparations, application technological purposes, detecting the occurrence of harmful or useful organisms, wound treatment or plant appearance.

(31) Registration of a product or an aid device is an administrative act carried out by a competent plant health authority in proceedings at the request of a natural or legal person certifying compliance with the statutory conditions and authorising the applicant to put the product or the aid into circulation by decision.

§ 3

Plant health care

Plant health care consists of:

(a) the protection of the territory of the Czech Republic against the introduction of harmful organisms from abroad and measures to prevent the spread of harmful organisms when exported abroad;

(b) continuous detection, evaluation and registration of harmful organisms and disturbances on land and objects where plants or plant products are grown, produced, stored or processed;

(c) reducing the occurrence, spread and effects of harmful organisms and disturbances and reducing their harm by using both direct and indirect methods of protection, including exceptional plant health measures, taking into account the protection of human, animal and animal health, 2) game, 3) wildlife, 4) ("animals") and the environment,

(d) plant health surveillance;

(e) registration of growers, producers and importers of plants and plant products which may be a source of the spread of quarantine harmful organisms and other persons referred to in Article 7 (1);

(f) registration of products and aids;

(g) monitoring the efficacy of preparations, aids and genetically modified organisms 4a) intended for use in plant protection, including their adverse effects;

(h) the registration of mechanisation devices;

(i) the use of scientific knowledge on harmful organisms and methods of protection against them.

§ 4

Basic obligations

Legal or natural persons who produce, process, store or put into circulation plants or plant products and owners of land or persons using them for other legal reasons,

(a) are obliged in their activities:

1. reduce the presence and spread of harmful organisms so as not to cause harm to others as a result of their overgrowth and to avoid damage to the environment and to human or animal health;

2. to report the presence or suspected presence of a quarantine pest, as provided for in the implementing regulation, to the competent plant health authority either directly or through the municipality,

(b) may only carry out the treatment of plants, plant products or other objects against harmful organisms by registered products or aids in the manner provided for in Article 29 and by eligible mechanisation measures (Sections 35 and 37).

ODDÍL II

COMMERCIAL ELIGIBILITY AT THE STRENGTH OF THE PLANT

§ 5

(1) Staff of administrative offices carrying out professional activities in the field of plant health care (hereinafter referred to as "plant doctors") must:

(a) graduates of accredited master programmes4b) carried out by a university in the field of agriculture or biology in the field of plant health or plant protection;

(b) graduates of accredited doctoral study programmes carried out by a university in the field of plant health or plant protection; or

(c) holders of a scientific degree in plant health or plant protection.

(2) Employees of administrative offices engaged in professional activities in the field of plant health only in the field of preparations, aids or mechanisation or diagnostics of harmful organisms and disorders may also be graduates of accredited Master's degree programmes carried out by a university in chemistry, pharmacy or other field of study involving the study of biology or ecology.

(3) The provisions of paragraphs 1 and 2 shall not apply to administrative staff who, on 1 January 1997, had professional activities in the field of plant health for a period of at least 8 years, as well as to graduates of agricultural or biological studies with specialisation in the field of plant health or plant protection, and graduate students of post-graduate studies in the field of plant health or plant protection.

§ 6

Do business in the field of plant health care

(a) diagnostic, testing and advisory activities in plant protection;

(b) the treatment of plants, plant products, objects and soil against harmful organisms by preparations;

(c) control testing of mechanisation devices

only persons meeting the qualification criteria referred to in Article 5 (1), or persons with completed secondary or higher education and professional experience; the field of secondary and university studies and the duration of professional experience shall be laid down in the implementing act.

ODDÍL III

REGISTRATION OF PERSONS AND COMMON PLANT CHECKS

§ 7

Registration of persons

(1) Only persons registered for that purpose in the official register of persons under the registration number identifying them may import, grow or produce plants, plant products and other objects provided for in the implementing legislation. Such registration shall also be subject to persons who intend to apply for the issue of replacement plant passports in accordance with Section 7e (6). The official register of persons shall be kept by the competent authority of phytosanitary care. The implementing act shall lay down the particulars and the method of registration and the manner in which the official register of persons shall be kept.

(2) Registration in the official register of persons shall not be subject to persons who do not put into circulation plants or plant products or other objects as referred to in paragraph 1, unless such plants, plant products or other objects can cause the spread of the quarantine pest.

(3) Persons intending to import, grow or produce the plants, plant products or other objects referred to in paragraph 1 or to replace the plant passports referred to in Article 7e (6) shall apply for registration by the competent plant health authority. The details of the application for registration shall be laid down in the implementing legislation.

(4) The competent authority of phytosanitary care shall issue a marketing authorisation for the person referred to in paragraph 1 if:

(a) there are no quarantine harmful organisms related to that activity at the place where the activity is carried out according to the required scope of registration;

(b) the information provided in the marketing authorisation application has been found to be complete and true;

(c) finds that the person is competent to fulfil the specific requirements referred to in Section 7a (e).

(5) The costs of professional activities linked to a person's registration procedure are borne by the registrant.

§ 7a

Obligations of registered persons

Persons registered under § 7 are obliged

(a) keep a register provided for in the implementing act;

(b) provide cooperation with the competent authority of plant health care in carrying out plant health surveillance and provide it with the necessary information and supporting documents or empower another competent person for that purpose;

(c) carry out inspections of plants, plant products and other objects referred to in Article 7 (1), in the terms and manner laid down by the competent authority of plant health,

(d) notify the competent authority of plant health treatment as provided for in the implementing legislation

1. the unusual occurrence of harmful organisms, symptoms of harmful organisms or other abnormalities on plants, plant products or other objects referred to in Article 7 (1);

2. the termination, interruption, renewal or modification of the activity for which they are registered;

(e) comply with the specific requirements to limit the spread of quarantine pests laid down in the implementing legislation;

(f) on the basis of the official act of the competent authority of plant health care, to fulfil specific obligations relating to the health care of plants and plant products, to assess their health status and to ensure their identity and, where appropriate, to take care of other objects, pending the connection of the plant passport referred to in Article 7d (1);

(g) keep and specify the plan of the parcels and objects in which the plants, plant products or other objects referred to in Article 7 (1) are grown, produced, stored or used or in which such plants, plant products or other objects are present; the manner in which the management and specification of the plot of land and objects are to be determined by the competent authority of phytosanitary care.

§ 7b

Repeal of registration

(1) The competent plant health authority shall withdraw the registration of a legal or natural person if:

(a) has ceased the activity for which that person was registered; or

(b) a fact has occurred preventing registration.

(2) The competent plant health authority may revoke the registration of a person if it finds that that person has repeatedly infringed the obligation laid down in Article 7a or has not complied with or failed to comply with the obligation ordered under Article 12b (1) or (3) or the obligation imposed by an exceptional plant health measure.

§ 7c

Continuous phytosanitary inspection

(1) Continuous plant health control shall be subject to the plants, plant products and other objects referred to in Article 7 (1) which are grown, produced or used or are only present on land and objects which are owned or otherwise legally used by legal or natural persons subject to registration pursuant to Article 7 (1), as well as the growing media and packaging used, where appropriate, containers, agricultural machinery, equipment and means of transport.

(2) A systematic plant health check shall be carried out by the competent plant health authority preferably at the points of cultivation or production of plants, plant products and other objects referred to in paragraph 1, at regular intervals, but at least once a year, at least by visual inspection of all plants, plant products and other objects or their representative sample.

(3) The presence of quarantine harmful organisms provided for in the implementing legislation shall be checked by continuous plant health inspection and it shall be verified that the specific requirements laid down in the implementing legislation are met.

(4) Where the presence of quarantine harmful organisms is not detected by the systematic plant health inspection referred to in paragraphs 1 to 3 and compliance with the specific requirements referred to in paragraph 3 has been verified, the competent plant health authority shall issue a plant passport in accordance with Article 7d for the relevant plants, plant products and other objects or shall give consent to the person authorised to issue plant passports in accordance with Article 7e (4).

(5) Where the presence of a quarantine pest or non-compliance with the specific requirements referred to in paragraph 3 is found, the competent plant health authority shall not issue or consent to the presence of a plant passport for the relevant plants, plant products or other objects until it has been established that the risk of the spread of quarantine harmful organisms is no longer present. In order to avoid any danger arising from the detection of a quarantine pest or from non-compliance with the specific requirements referred to in paragraph 3, it shall order appropriate exceptional plant health measures in accordance with Article 15 (1).

ODDÍL IIIA

VEGETABLES

§ 7d

Conditions for movement of plants, plant products and other objects

(1) Plants, plant products and other objects referred to in Article 7 (1) may not be moved within the territory of the Czech Republic outside the land and objects which they own or use for any other legal reason by registered persons as provided for in Article 7 (1), provided that their packaging or means of transport carrying them are not accompanied by a plant passport valid for that territory. This provision shall not apply to the movement of relevant plants, plant products and other objects between land and objects of the same legal or natural person through land owned or otherwise used by another person, unless such movements involve the transfer or transfer of ownership or use rights to the plants, plant products and other objects concerned to other legal or natural persons and in so far as there is no risk of the spread of quarantine harmful organisms.

(2) Plants, plant products and other objects referred to in paragraph 1 shall not be moved into or moved within the protected zone provided for in Article 14a (1), unless they are accompanied by a plant passport certifying, on the basis of an inspection carried out pursuant to Article 7c (1), that the specific requirements laid down in the implementing legislation for that zone are met.

(3) The provisions of paragraph 2 shall not apply to plants, plant products and other objects meeting the conditions for their movement through or within the protected zone laid down in the implementing legislation.

(4) Where there is no risk of spreading harmful organisms, the provisions of paragraphs 1 and 2 shall not apply to movements of plants, plant products and other objects originating from persons not subject to the obligation of official registration referred to in paragraph 7 (2) and to plants, plant products and other objects intended for use by owners or recipients for non-commercial purposes.

(5) A plant passport may be issued for the relevant protected zone in accordance with Article 14a, provided that the inspection carried out pursuant to Article 7c (1) has been aimed at verifying compliance with the specific requirements laid down in the implementing legislation for that zone and it has been established that those requirements have been met.

§ 7e

Issue, use and replacement of plant passports

(1) Plant passports shall be issued by the competent authority of plant health care or by a person registered in accordance with Article 7 (1), provided that the competent authority of plant health has granted it the right to issue such passports in accordance with paragraph 4 and the consent to issue them in accordance with Article 7c (4). Detailed provisions for the issue of plant passports and the consent to the issue of plant passports shall be laid down in implementing legislation.

(2) The attached plant passports to the relevant plants, plant products and other objects, their packaging or means of transport referred to in Article 7d (1) and (2) shall be the responsibility of the registered person pursuant to Article 7 (1).

(3) Legal and natural persons who, as end-users in business, have purchased or otherwise acquired plants, plant products and other objects bearing plant passports shall keep those plant passports for at least 1 year from the date of their acquisition. That's what they keep records of. The details of the record keeping shall be laid down in the implementing legislation.

(4) The competent authority of phytosanitary care may authorise the issuing of plant passports to a person registered in accordance with Article 7 (1) within the scope of its registration. Details shall be provided by implementing legislation.

(5) The competent authority of plant health shall revoke the authorisation to issue plant passports to a person registered in accordance with paragraph 4 if it finds serious or repeated non-compliance with the procedure for issuing plant passports or if it withdraws the registration referred to in Article 7b.

(6) A plant passport issued pursuant to paragraph 1 may be replaced by another plant passport (hereinafter referred to as "replacement passport ') only in the cases provided for in the implementing legislation. Replacement passports shall be issued by the competent authority of plant health care where requested by a person registered in accordance with Article 7 (1) in the manner laid down in the implementing legislation. The formalities for replacement passports shall be laid down in the implementing legislation.

(7) The costs associated with the issue or replacement of the plant passport shall be borne by the person who requested the issue or replacement of the plant passport.

ODDÍL IV

PROTECTION AGAINST THE INSTALLATION OF TRAINING ORGANISMS IN IMPORTS, TRANSPORT AND EXPORT OF CONSIDERATIONS (EXTERNAL CARANTEEN)

General provisions

§ 8

(1) The consignments are subject to plant health control under Section 12a on entry into the Czech Republic and are subject to plant health control under Section 13 before leaving the Czech Republic. (c) this is without prejudice to specific legislation on imports and exports of plants.

(2) Importers and carriers of consignments provided for in the implementing legislation are required to submit them with the necessary transport documents, including the identification details of the persons concerned, for plant health control and to allow proper and safe execution.

(3) Importers of consignments referred to in paragraph 2 must be registered in the official register as provided for in Article 7; Article 7a applies mutatis mutandis.

(4) Importers and carriers are required to submit with the necessary transport documents for plant health inspection and consignments:

(a) declared as other than those referred to in paragraph 2 which occur on importation and, where appropriate, transit of a legitimate suspicion that the consignments referred to in paragraph 2 are; or

(b) established by the competent authority of phytosanitary care in accordance with the provisions of § 11 (2) and (3)

and allow proper and safe implementation of this control.

(5) Where doubts remain as to the identity of the consignment referred to in paragraph 4 (a), even after its inspection, in particular as regards the genus and type of plants or plant products or the origin of the consignment, the consignment shall be considered to be the consignment referred to in paragraph 2.

(6) Plant health checks are also subject to means of transport, warehouses, containers and packaging used for transport or temporary storage of consignments. 4d)

(7) Imported or, where appropriate, accompanying consignments referred to in the implementing legislation and consignments intended for export for which the phytosanitary care authority of the importing country so requires, must be accompanied by a phytosanitary certificate in accordance with Article 9.

(8) Subject to the conditions laid down in the implementing Regulation, the consignment shall be accompanied by a phytosanitary certificate for re-export and, where appropriate, an additional phytosanitary certificate.

(9) Where an international contract to which the Czech Republic is bound provides for a different type of official document of origin and the state of health of consignments than the phytosanitary certificate, the relevant provisions of this Treaty shall apply.

(10) Importers, exporters and carriers of consignments are required to ensure that they are transported in such a way that they cannot be contaminated by harmful organisms or, where appropriate, spread of harmful organisms from them.

§ 9

Plant health certificate

(1) The plant health certificate and, where appropriate, the phytosanitary certificate for re-export (hereinafter referred to as the "phytosanitary certificate") shall be issued by the competent authority of the plant health care after the plant health inspection has been carried out and, where appropriate, on the basis of the information on the plant passport. The plant health certificate shall contain the particulars laid down in the implementing legislation or at the time of export or re-export, as the case may be, as provided for by the official requirements of the importing countries.

(2) It shall be prohibited to amend the phytosanitary certificate issued.

Imports and transit

§ 11

(1) It is prohibited to import and accompany 5)

(a) quarantine harmful organisms provided for in the implementing Regulation and consignments with their presence;

(b) consignments with the presence of quarantine pests on certain plants or plant products provided for in the implementing Regulation;

(c) consignments from countries from which there is an increased risk of introduction of quarantine pests, as provided for in the implementing regulation;

(d) consignments not complying with the specific quarantine requirements laid down in the implementing Regulation.

(2) Where there is an imminent risk of introduction or spread of harmful organisms within the territory of the Czech Republic, the competent authority may, after an evaluation carried out pursuant to Article 14 (1) (a):

(a) prohibit import and transit

1. harmful organisms other than those referred to in paragraph 1 (a) and (b) which are not present or are only restricted in the territory of the Czech Republic and where there are reasonable grounds for suspecting that their introduction or spread within the territory of the Czech Republic may lead to significant damage and consignments with their presence;

2. consignments with the presence of quarantine pests referred to in paragraph 1 (b) on plants or plant products other than those referred to in paragraph 1 (b);

3. consignments from countries from which there is an increased risk of introduction of quarantine pests other than those referred to in paragraph 1 (c);

4. consignments eligible for the introduction or spread of quarantine harmful organisms;

(b) lay down other effective measures to prevent the introduction or spread of quarantine harmful organisms, in the manner laid down in the implementing legislation.

(3) Where there is no identifiable risk of spreading harmful organisms, the provisions of paragraphs 1 and 2 shall not apply to harmful organisms and consignments intended for research or breeding purposes, the importation or transit of which is authorised on request by a decision of the competent authority of plant health. Those harmful organisms and consignments shall be subject to plant health control. Details shall be provided by implementing legislation.

(4) Imported consignments subject to plant health control pursuant to Sections 8 (2) and 8 (4) may not be placed in a proposed customs-approved treatment or customs-approved treatment or treatment (7a) prior to carrying out the plant health inspection or in contravention of the decision of the competent authority in accordance with Section 12b (1) (b), unless otherwise specified in paragraph 5.

(5) Paragraph 4 does not apply to the customs procedure

(a) transit to inland waters, (7) where:

1. the consignment is subject to a measure pursuant to Article 12b (1) (b) which cannot be carried out at the place where the plant health inspection is carried out pursuant to Article 12 (1) or Article 12a (2);

2. the consignment may be subjected to plant health checks outside the points of entry in accordance with § 12a (2); or

3. the consignment must be in temporary storage until completion of the plant health check (4d) in accordance with § 12a (5);

(b) processing under customs control, (7b) where the treatment or processing of the consignment is ordered pursuant to § 12b (1) (b) (3);

(c) transit from inland waters, (7c) where re-export is ordered under § 12b (1) (b) (1).

Citation	Act No. 147 / 1996 Coll., on Phytosanitary Care and Changes to Certain Related Laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.05.1996
Effective from	01.01.1997
Effective until	-
Status	Valid

Act No. 147 / 1996 Coll.

Law on Phytosanitary Care and Changes to Certain Related Laws

Contents