Act No. 199 / 2012 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 Business Business (Trade Act), as amended, and Act No. 321 / 2004 Coll., on Vineyard and Wine and on the Amendment of Certain Related Laws (Vineyard and Wine Act), as amended
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Effective from 01.07.2012
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199
THE LAW
of 2 May 2012
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, and Act No. 321 / 2004 Coll., on Vinohradship and Wine Industry and on the Amendment of Certain Related Acts (Vinohradship and Wine Act), as amended
Parliament has decided on this law of the Czech Republic:
Amendment to the Plant Health Act
Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 626 / 2004 Coll., Act No. 444 / 2005 Coll., Act No. 131 / 2006 Coll., Act No. 189 / 2008 Coll., Act No. 249 / 2008 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 291 / 2009 Coll., Act No. 490 / 2009 Coll., Act No. 102 / 2010 Coll., Act No. 245 / 2011 Coll., and Act No. 18 / 2012 Coll., is amended as follows:
1. At the end of footnote 1, the sentence "Directive 2009 / 128 / EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides' is added.
2. in Paragraph 2 (1) (k):
"(k) integrated plant protection, a summary of the measures which, taking into account all available plant protection methods, suppress the development of populations of harmful organisms, promote natural mechanisms to protect against harmful organisms and reduce risks to human health and the environment,"
3. In Paragraph 2, at the end of paragraph 1, the dot is replaced by a comma and the following points (x) to (z) are added:
"(x) areas used by the general public or vulnerable groups of the population 79) in particular public parks or gardens, public spaces within municipalities, cemeteries, sports grounds, recreational areas, school or school grounds, children's playground, medical facilities, medical care facilities or cultural facilities;
(y) non-chemical methods of alternative methods for the use of plant protection products based on agronomic practices, or physical, mechanical or biological methods of protection against harmful organisms;
(z) equipment for the application of preparations of equipment specifically designed for the application of preparations, in particular self-propelled, semi-trailer, towed, mounted on a train, aircraft, as well as stationary equipment intended for the application of preparations, portable motor-powered or portable hand-operated devices and handheld pressure chamber equipment, including accessories necessary for the efficient operation of such equipment, such as nozzles, pressure gauges, filters, sieves and tank cleaning equipment.
79) Article 3 (14) of Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council. '
4. In Article 2 (2) (h), the words "including operators, technicians, employers and self-employed persons' and the words" pesticides' are replaced by "preparations'.
5. In Article 2, at the end of paragraph 2, the dot is replaced by a comma and the following points (r) to (w) are added:
"(r) a consultant who, in the course of his business or employment, provides advice on the protection against harmful organisms and related plant diseases and the safe use of products;
(s) the risk indicator the result of the calculation method used to assess the risk of use of products on human health or the environment;
(t) by a mechanical means, equipment for the application of preparations and technical equipment for the control of harmful organisms;
(u) a third-degree certificate certifying that a natural person may, in the course of his professional activities, provide advice in the field of plant protection against harmful organisms and related plant diseases and in the area of safe use of products, distribute products for professional use and organise courses and training to obtain and extend the certificates referred to in Article 86;
(v) a second-degree certificate certifying that a natural person may, in the course of his professional activities in the use of preparations, manage the handling of the preparations and supervise the handling of the preparations, unless such activities are reserved for the holder of a third-degree certificate;
(w) a first-degree certificate certifying that a natural person may dispose of products under the authority of the holder of a second or third-degree certificate for the handling of products. ';
6. Paragraph 4 (2), including footnote 5, shall be deleted and paragraph 1 shall be deleted.
7.
Integrated plant protection
(1) Integrated plant protection measures shall maintain the use of products and other plant protection methods at levels that can be justified from an economic and environmental point of view, stressing the growth of healthy crops at the least possible disturbance to agricultural and forest ecosystems.
(2) Professional users shall be required, under the conditions referred to in paragraph 1, to apply integrated plant protection guidelines containing in particular:
(a) methods for monitoring the occurrence of harmful organisms and plant protection related plant diseases and for decision-making in the field of integrated plant protection;
(b) preventive measures and direct methods of plant protection which have the least possible adverse effects on human health, non-target organisms and the environment;
(c) measures to prevent the resistance of harmful organisms to preparations ("anti-resistance strategies"); and
(d) the method of verifying the success of the integrated plant protection measures applied.
(3) The general principles of integrated plant protection referred to in paragraph 2 shall be laid down in implementing legislation.
(4) State Plant Health Administration (hereinafter referred to as the "Plant Health Administration")
(a) carry out monitoring of harmful organisms and plant protection related plant diseases and conditions for the spread of harmful organisms;
(b) publish up-to-date information on the occurrence of harmful organisms, including warnings of the risk of reaching the harmful organism threshold and the risk of plant protection associated with plant diseases;
(c) collect and publish available data on the risk of the emergence of resistance of harmful organisms to medicinal products and on measures to prevent resistance of harmful organisms to preparations ("anti-resistance strategies");
(d) ensure the availability of products for the application of integrated plant protection and anti-resistance strategies; and
(e) collect and publish methodological procedures for the application of integrated plant protection guidelines for plants and plant groups using the results of the scientific research base activity. ';
8. In Article 6 (1), the words "subject to recognition procedure 'are deleted.
9. In Paragraph 6 (2), the words "subject to recognition 'are deleted.
10. Article 6a, including the title and footnotes Nos 80 and 81, reads:
Laboratory activities in the plant health sector
(1) In order to deepen and coordinate laboratory activities in the field of professional plant health activities, the plant health authority shall exercise the competence of the national reference laboratory for the diagnosis of harmful organisms and of the national reference laboratories for products and other plant protection products. The national reference laboratory shall coordinate the activities of the reference laboratories.
(2) The plant health management shall entrust legal persons who are invited to participate, the professional activities of the reference laboratory for the diagnosis of harmful organisms referred to in Article 10 (1) or harmful organisms against which measures are provided for in Article 7 (4) or Article 11 (2) and (3), respectively. The plant health service shall issue a mandate where it appears from the documents submitted which form part of the application that:
(a) a legal person is able to ensure the impartiality, quality and protection of confidential information80);
(b) there will be no conflict of interest between the implementation of the tasks which it is empowered to carry out and its other activities; and
(c) complies with the technical requirements for the designation of the reference laboratory laid down in the implementing legislation.
(3) The national reference laboratory and the reference laboratories cooperate with the similarly targeted sites of the Member States of the European Union.
(4) The plant health management shall withdraw the mandate if the reference laboratory does not comply with the requirements or conditions referred to in paragraph 2.
(5) The plant health administration sends a copy of the decision to issue and withdraw the mandate to the Ministry of Agriculture (hereinafter the Ministry) and publishes a list of reference laboratories, including the focus of their activities in the Bulletin of the State Plant Health Administration (hereinafter the Bulletin).
(6) The authorisation of reference laboratories referred to in paragraph 2 shall be deemed to be an authorisation to carry out laboratory testing tasks under the European Union code governing the authorisation to carry out laboratory testing tasks (81). The result of a laboratory analysis of a sample carried out by a laboratory authorised to carry out laboratory testing tasks under the European Union81) in another Member State of the European Union is equivalent to that of a laboratory analysis of a sample carried out by a national reference laboratory or a reference laboratory.
80) § 271 of Act No. 513 / 1991 Coll., Commercial Code, as amended.
81) Council Directive 2000 / 29 / EC, as amended. '
11. in § 22 (3) (d) and (e) and § 26 (11) (a), "§ 25 (5)" is replaced by "§ 25 (6)";
12. in Paragraph 28 (8) (a), "8" is replaced by "7."
13. In Article 33, at the end of paragraph 2, the sentence "Toxicological assessment in cases concerning the use of a preparation in areas used by the general public or vulnerable population groups referred to in Article 2 (1) (x) shall also contain conclusions on the prohibition of its use or the method and the possibility of its conditional use. ';
14. In Article 34, the words "including water protection measures' shall be added at the end of the text of point (d).
15. In Paragraph 34, the current text becomes paragraph 1 and paragraphs 2 and 3 are added, including footnote 82:
"(2) Plant health management shall not authorise products for non-professional use which, on the basis of an assessment of human health effects pursuant to Article 33 (2):
(a) are classified as toxic or highly toxic under chemical law;
(b) have the wrong class and hazard category acute toxicity category 1 or 282); or
(c) have the wrong class and hazard category acute toxicity category 382) or specific target organ toxicity following single or repeated exposure to category 182), for which the risk to human health is not reduced by the setting of further measures.
(3) The product cannot be authorised for air application,
(a) if the product is toxic or highly toxic under chemical law,
(b) if the product is dangerous or highly dangerous to terrestrial vertebrates or bees,
(c) unless the formulation of the preparation is appropriate for the air application; or
(d) where the air application excludes the conclusions established by the toxicological assessment.
(82) Part 3 of Annex I to Regulation (EC) No 1272 / 2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 / 548 / EEC and 1999 / 45 / EC and amending Regulation (EC) No 1907 / 2006, as amended. '
16. in Paragraph 43 (3), the words "application equipment" are replaced by the words "equipment for the application of products."
17. in Paragraph 46a, at the end of paragraph 3, the dot is replaced by a comma and the following point (g) is added:
"(g) to distribute products authorised for professional use only to persons who ensure that the products are handled only by the holder of a second or third degree certificate; such a product may only be issued to a person holding a first, second or third degree certificate; the distribution and issue of such products shall be kept by the distributor by a register containing the date of issue of the product, the name and quantity of the product, the serial number of the certificate of the person who has been distributed and issued the product and the date of issue of the certificate. ';
18. In Paragraph 46a, the following paragraphs 4 and 5 are inserted after paragraph 3:
"(4) A distributor, other than a distributor which places only products for non-professional use on the market, must ensure that those products are sold by a person holding a third-degree certificate. At the time of their sale, that person shall provide information concerning the use of the product, the risks to health and the environment and safety instructions to avoid such risks.
(5) When placing on the market a product intended for retail users, the distributor shall provide persons with information relating to the risks related to the use of the product, in particular information on the risk of the product affecting persons or the environment, the means of proper storage and application of the product, handling and safe disposal in accordance with the legislation (34), including information on the possibility of protecting plants posing a low risk. ';
Paragraph 4 shall become paragraph 6.
19. The following Section 48a is inserted after Section 48, including the title and footnotes Nos 83 and 84:
National Action Plan
(1) The National Action Plan for the Safe Use of Products (hereinafter referred to as the Action Plan) sets out quantitative tasks, objectives, measures and timetables for their implementation in order to reduce the risks and impacts of the use of products on human health and the environment in order to promote the development and implementation of integrated plant protection and alternative approaches or processes in order to reduce dependence on the use of products.
(2) The action plan shall include in particular:
(a) harmonised 83) and non-harmonised risk indicators;
(b) trends in the use of active substances;
(c) active substances, crops, zones or procedures to which priority must be given;
(d) a timetable for good practice in order to achieve safe use of the products;
(e) the evaluation of the necessary intervals of checks on equipment for the application of products not used for the spraying of preparations and additional equipment for the application of products which are used only to a small extent by professional users;
(f) possible ways of informing persons likely to be exposed to spray fluid drift;
(g) procedures to promote the application of integrated plant protection.
(3) The Ministry, in cooperation with the Ministry of Health and the Ministry of the Environment, creates and evaluates and updates the action plan every 5 years at the latest.
(4) The Ministry shall publish the draft action plan or update it in a way that allows remote access. At the same time, the Ministry shall inform the public in the form of a notice in the Periodic Press (84) of the publication of the draft action plan or update thereof and of the possibility of making comments to the Ministry by persons concerned. The deadline for the submission of comments shall be two months from the date of publication of the draft action plan or its update.
(5) The action plan is approved by the Government. Before submitting a proposal to the Government, the Ministry shall evaluate and take into account any comments submitted on the draft action plan or its update. A general assessment of the comments, which are clearly related to the submitted proposal, will be made public by the Ministry in a way that allows remote access. In the event that the comment has not been granted, it shall also disclose the reason.
(6) The Ministry shall publish the approved action plan in a way that allows remote access and shall notify the Commission without delay of any significant changes to the action plan.
83) Annex IV to Directive 2009 / 128 / EC of the European Parliament and of the Council.
84) Section 6 of Act No. 46 / 2000 Coll., on the Rights and Obligations in the Issue of Periodic Printing and on the Amendment of Certain Other Laws (Press Act). '.
20. Paragraph 49 (1) reads:
"(1) Products shall not be used in contravention of the directly applicable European Union67) and this Act except for extended authorisation or use for research and development or testing purposes. They must not be used
(a) proceed in contravention of the requirements for protection of waters, bees, game, aquatic organisms and other non-target organisms, including plants, laid down by implementing legislation;
(b) the plants and areas outside the land on which the application is carried out are affected. ";
21. in Paragraph 49, the following paragraph 6 is added:
"(6) The method of compliance with the requirements of paragraph 1 (a) shall be laid down in implementing legislation.";
22. In Paragraph 51 (1) (b), the words "Czech Environmental Inspection78)" and the words "; the use of seed infested with a product which is dangerous or particularly dangerous to terrestrial vertebrates shall be notified 3 days before the date of issue to the authorised user of the hunt (40), the Czech Environmental Inspection78) and the phytosanitary authorities', including footnote 78.
23. in Paragraph 51 (4), the words "competent authority of the State Veterinary Administration" shall be replaced by the words "Regional Veterinary Administration" and the words "competent authority of the State Veterinary Administration" shall be replaced by the words "Regional Veterinary Administration";
24. Paragraph 51 (7) is deleted.
Paragraph 8 shall become paragraph 7.
25. Paragraph 52, including the title and footnote 85, reads:
Aerial application of preparations
(1) Aerial applications of products are prohibited unless otherwise specified.
(2) An air application may only be carried out from an aircraft or helicopter authorised by the plant health authority on the basis of:
(a) an approved air application plan and subsequent applications for authorisation of an individual air application; or
(b) applications for the authorisation of an exceptional air application.
(3) The air application plan contains in particular:
(a) details of the approximate time of spraying and the provisional quantity and type of products applied;
(b) the measures necessary for the early warning of the local population as well as of persons at random and risk management measures to ensure that there are no negative effects on the health of persons at random;
(c) the measures necessary to protect the environment in the vicinity of the treated area;
(d) the definition of the area in which the air application is intended.
(4) The measures referred to in paragraph 3 (b) and (c) must be in accordance with the opinions of the Czech Environmental Inspection Centre and the Regional Sanitary Station annexed to the application.
(5) At the request of the person carrying out the air application, the plant health service will approve the air application plan if the draft air application plan annexed to the application indicates that:
(a) there are no acceptable alternatives or, in a particular case, the air application has a lower impact on human health and the environment than the ground application of the products;
(b) the products used are authorised for use by air applications;
(c) the person carrying out the air application is the holder of an air traffic permit pursuant to a special legislature85);
(d) the equipment used for the air application of the products complies with the requirements laid down by this law;
(e) the person performing the air application shall have the performance of the air application by a natural person who is a competent person for the handling of the products;
(f) the equipment for the application of the products is equipped with accessories that represent the best available technology to reduce unwanted drift;
(g) the area to be treated must not be in close proximity to permanently populated areas.
(6) The application for authorisation of an individual or exceptional air application shall include:
(a) a provisional period of spraying,
(b) the quantity and type of products applied,
(c) precise identification of the area;
(d) the name or surname of the person who will carry out the air application;
(e) the name or surname of the person for whom the air application will be carried out;
(f) a draft of the measures necessary to warn both local residents and randomly occurring persons in a timely manner;
(g) a proposal for measures necessary to protect the environment in the vicinity of the treated area.
(7) At the request of the person carrying out the air application, the plant health service will authorise an individual air application if it complies with the approved air application plan and in the decision it will identify risk management measures, in particular:
(a) the measures necessary for the early warning of the local population as well as of persons at random;
(b) measures to protect the environment near the treated area; and
(c) measures designed to ensure that there are no negative effects on the health of randomly occurring persons.
(8) Where there is a risk of serious economic damage, human or animal health or a threat of serious damage to the environment, the plant health authorities shall authorise an exceptional air application upon request. The decision to authorise an emergency aerial application shall lay down the conditions for carrying out an aerial application which comply with the requirements of paragraph 5 and the measures referred to in paragraph 7.
(9) The decision to authorise an individual application or to authorise an exceptional application shall be published by the plant health service on its official plate and on the official plates of the municipal offices whose territorial districts are concerned by the decision.
(10) The municipal authorities referred to in paragraph 9 shall inform the population of the content of the decision in the usual manner.
85) § 74 of Act No. 49 / 1997 Coll., on Civil Aviation, as amended by Act No. 225 / 2006 Coll. '
26. The following Sections 52a and 52b are inserted after Section 52, including the headings and footnotes 86 and 87:
Specific measures to protect the aquatic environment and drinking water
Applications and storage of products shall be prohibited at a distance of 10 metres from the underwater or surface source of drinking water86), unless a protection zone has been established for this source under the Water Act. A distance of 10 metres shall be calculated from the sampling facility.
Restrictions on the use of products or the risk of use of products in certain areas
(1) When using products in areas protected under special legislation in the field of nature conservation 87), the professional user is obliged to take measures to minimise the risks of application of the product for the environment, non-target organisms and biodiversity. This is without prejudice to the provisions of the Special Act on Nature Protection (87).
(2) On land and objects to be treated by a product, the professional user shall give priority to low-risk products (67) or take measures to reduce the risk from the point of view of human health where such land or objects are used or accessed by agricultural workers or are areas used by the general public or vulnerable population groups.
86) Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended.
87) Act No. 114 / 1992 Coll., on Nature and Landscape Conservation, as amended. '
27. in Article 54 (1), the words "or micro-organism" shall be deleted;
28. in Paragraph 54 (2), the second sentence is deleted;
29. in Paragraph 54 (12), "8" is replaced by "11."
30.
The person who has been given a decision to enter another device in an official register shall indicate the other devices which he places on the market with the particulars provided for in the implementing legislation. ';
31. in Article 60 (1) (a), the words "the quantity of products or other means of storage which they have moved from another Member State of the European Union or imported from third countries, including the names and batch numbers" shall be replaced by the words "the name of the preparation or other device and the quantity by batch number which they have moved from another Member State of the European Union or imported from third countries."
32. In Article 60, the following paragraph 5 is added:
"(5) The method of keeping records of products used by professional user88) shall be laid down in implementing legislation.
88) Article 67 (1) of Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council. '
33. Paragraph 61 to 65, including the headings and footnotes No 89 to 91, read:
Equipment for the application of preparations
(1) Equipment for the application of products which are used for the application of products in business (hereinafter referred to as professional equipment for the application of products), with the exception of hand-held equipment for the application of preparations and back sprinklers, must be subjected to control testing under this Act.
(2) Equipment for the application of products may only be used for the application of products by a person qualified to handle products in the course of business.
(3) The operator of the professional device for the application of the products shall maintain the device in an appropriate technical condition, calibrate it and check it to ensure correct and high quality application of the products, even in the period between periodic inspection tests.
(4) The operator of a professional device for the application of products shall, depending on the type and method of application of the products, proceed to minimise risks to human health and the environment.
(5) The operator of a professional device for the application of products shall comply with the procedures laid down for the preparation of spray fluid and for cleaning of professional equipment for the application of products.
(6) Plant health management controls the use of professional equipment for the application of products.
(7) The implementing act provides for:
(a) details of the maintenance process and calibration of the professional equipment for the application of the products referred to in paragraph 3;
(b) restrictions on the use of individual professional equipment for the application of products and procedures for their use, depending on the type and method of application of the products, leading to the minimisation of risks to health and the environment referred to in paragraph 4;
(c) procedures for the preparation of spray fluid and for cleaning professional equipment for the application of the preparations referred to in paragraph 5.
Devices for the application of products limiting undesirable product leaps
(1) The requirements for limiting undesirable product leaps are laid down in implementing legislation.
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Regulation Information
| Citation | Act No. 199 / 2012 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, and Act No. 321 / 2004 Coll., on Wine and Wine, and on the Amendment of Certain Related Acts (Wine and Wine Act), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.06.2012 |
|---|---|
| Effective from | 01.07.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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