Decree No. 206 / 2012 Coll.
Ordinance on professional competence for the handling of preparations
Valid
Effective from 01.07.2012
206
DECLARATION
of 6 June 2012
on competence for the handling of products
The Ministry of Agriculture (hereinafter referred to as "the Ministry ') provides pursuant to § 88 (4) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended by Act No. 199 / 2012 Coll., (hereinafter referred to as" the Act') for the implementation of § 86b (3) of the Act:
Subject matter
This decree implements the relevant provisions of the European Union1) and provides:
(a) the content and scope of the basic course for the issue of a first-degree certificate, additional training for the issue of a new first-degree certificate and the formalities for the first-degree certificate;
(b) the fields of apprenticeship, secondary education or higher education, after which a person is considered to hold a first or second degree certificate for a period of 3 years;
(c) the content and scope of the basic course and the additional training for the issue and renewal of the second-degree certificate, the scope and manner of testing and the formalities for the second-degree certificate;
(d) the content and scope of the basic course, the scope and manner of the examination for the issue of the third degree certificate, the content and scope of the additional training and the scope and manner of the examination for the extension of the third degree certificate and the formalities for the third degree certificate;
(e) technical security requirements for the organisation of basic courses and additional training and the way in which to demonstrate the completion of the course organised by the employer; and
(f) the content and scope of the course organised by the employer.
Area of apprenticeship, secondary education or higher education, after which a person is considered to hold a first or second degree certificate for 3 years
(1) The fields of education providing secondary education with a certificate after which a person is considered to hold a first-degree certificate for 3 years are:
(a) 41 - 51 - H / 01 Farmer - farmer,
(b) 41 - 55 - H / 01 Agricultural machinery repairman; and
(c) 41 - 52 - H / 01 Gardener.
(2) The fields of education providing secondary education with a graduate examination, after which a person is considered to hold a second degree certificate for a period of 3 years, are:
(a) 41 - 04 - M / 01 Plant health;
(b) 41 - 41 - M / 01 Agri-enterprise,
(c) 41 - 42 - M / 01 Vineyard,
(d) 41 - 44 - M / 01 Gardening,
e) 41 - 45 - M / 01 Mechanisation and services.
(3) Higher education programmes, after which a person is considered to be holder of a second-degree certificate for a period of 3 years, are those in which that person has passed an examination of articles focusing on plant production and plant protection.
Content and scope of the basic course and additional training for the issue of the first degree certificate and the formalities for the first degree certificate
(1) The content of the basic course for the issue of the first degree certificate and the content of the additional training for the issue of the new first degree certificate is set out in Annex 1 to this Decree.
(2) The scope of the basic course for the issue of first-degree certificates is 12 teaching hours.
(3) The scope of additional training for the issue of a new first degree certificate is 8 teaching hours.
(4) 45 minutes shall be deemed to be the teaching hour referred to in paragraphs 2 and 3.
(5) The formalities for the first-degree certificate are laid down in Annex 2 to this Decree.
Content and scope of the basic course and additional training for the issue and renewal of the second degree certificate, the scope and manner of testing and the formalities for the second degree certificate
(1) The content of the basic course for the issue of the second degree certificate and the content of the additional training for the extension of the second degree certificate is set out in Annex 1 to this Decree.
(2) The scope of the basic course for issuing a second degree certificate is 15 teaching hours. The time for the test is not included in this period.
(3) The scope of additional training for the extension of the second degree certificate is 8 teaching hours.
(4) 45 minutes shall be deemed to be the teaching hour referred to in paragraphs 2 and 3.
(5) The test, which is a condition for issuing a second-degree certificate, is carried out in the form of a written test with a total of 40 questions prepared by the Institute in cooperation with the Ministry of Health. The written test shall contain 25 questions relating to the handling of products and 15 questions relating to the protection of public health. The time for the written test is 90 minutes. The test shall be passed successfully if the tested person correctly answers at least 20 questions in the area of product handling and at least 12 questions in the area of public health protection, otherwise the tested person repeats the written test at a different time. The examination may be carried out no later than 12 months from the date of completion of the basic course for the issue of the second degree certificate.
(6) The requirements of the second-degree certificate are laid down in Annex 3 to this Decree.
Content and scope of the basic course, scope and method of testing for the issue of a third degree certificate, content and scope of additional training and scope and method of carrying out the test for the extension of the third degree certificate and the formalities for the third degree certificate
(1) The content of the basic course for the issue of a third-degree certificate and the content of additional training for the extension of the third-degree certificate is set out in Annex 1 to this Decree.
(2) The scope of the basic course for the issue of a third-degree certificate is 18 teaching hours. The time for the test is not included in this period.
(3) The scope of additional training for the extension of the third degree certificate is 8 teaching hours. The time for the test is not included in this period.
(4) 45 minutes shall be deemed to be the teaching hour referred to in paragraphs 2 and 3.
(5) The examination which is a condition for the issue of a third-degree certificate shall be carried out in the form of a written test with a total of 40 questions prepared by the Institute in cooperation with the Ministry of Health and an oral examination before the Examination Committee. The test committee shall be two members; its members are a person who fulfils the qualification criteria for professional trainers and representatives of the public health authority (2). The written test shall contain 25 questions relating to the handling of products and 15 questions relating to the protection of public health. The time for the written test is 90 minutes. The written test shall be passed successfully if the tested person correctly answers at least 22 questions relating to the handling of products and at least 13 questions relating to the protection of public health; Otherwise, the oral examination shall not take place and the test shall repeat the written test by another date. The examination may be carried out no later than 12 months from the date of completion of the basic course for the issue of a third-degree certificate.
(6) The oral examination referred to in paragraph 5 shall contain three questions, one of which shall concern the protection of public health. The subject has 15 minutes to answer all three questions. The test shall be successfully completed if the test is evaluated by both members of the test panel at the oral "benefit 'level. If the tested person who has been" failed' at the oral examination is repeated the oral examination no later than six months after the date of the previous oral examination, the written test referred to in paragraph 5 shall not be carried out.
(7) The test for the renewal of the third-degree certificate shall be carried out in the form of a written test referred to in paragraph 5. The test shall be passed successfully if the test is passed successfully in accordance with paragraph 5. The examination may be carried out no later than 12 months from the date of completion of the supplementary training for the extension of the third-degree certificate.
(8) The formalities for the third-degree certificate are set out in Annex 4 to this Decree.
Test result report
(1) A report shall be drawn up on the results of the test referred to in paragraphs 3 and 4 in two copies containing the following particulars:
(a) the designation "Test result report to demonstrate professional competence for the handling of products,"
(b) the name and / or surname of the tested person,
(c) the date and place of birth of the tested person,
(d) the place of residence or residence of the tested person;
(e) the result of the written examination, where appropriate, of the oral examination, in the words "benefit" or "benefit";
(f) the name and, where appropriate, the name, surname and signature of the examiner who fulfils the qualification criteria for professional trainers and, where applicable, the names, surnames and signatures of the members of the examination committee; and
(g) the place and date of the test.
(2) One copy of the test result report referred to in paragraph 1 shall be transmitted to the tested person. The test result report shall not be provided if a certificate of the degree concerned is issued immediately after the test is carried out.
Technical security requirements for basic courses and additional training
The training facilities will ensure the organisation of basic courses and additional training of the classroom with the possibility of electronic presentations, internet connection, space capacity for theoretical teaching and technical capacity for practical teaching.
Content and scope of the course organised by the employer and method of proving completion of the course organised by the employer
(1) The content of the course organised by the employer is set out in Annex 1 to this decree.
(2) The range of courses organised by the employer is 6 hours. 45 minutes shall be considered a teaching hour.
(3) Immediately after completion of the course organised by the employer, the employer shall provide the Institute in electronic form with the following information on persons who have completed the course and are therefore considered to be holders of a first-degree certificate:
(a) the name and, where appropriate, the name, surname, place of permanent residence or residence, date and place of birth; and
(b) the date of completion of the course.
(4) For the purpose of demonstrating the completion of the course organised by the employer in the course of the inspection, the employer shall keep a list of persons who have completed the course for 3 years from the date of the course organised by the employer. This list shall include the name, surname, date and place of birth and the place of permanent residence or residence of all persons who have completed the course, their signatures and the name, surname and signature of the holder of the second or third degree certificate who has provided knowledge within the course organised.
Repeal
The following shall be deleted:
1. Decree No. 333 / 2004 Coll., on professional competence in the field of phytosanitary care.
2. Decree No. 381 / 2011 Coll., amending Decree No. 333 / 2004 Coll., on professional competence in the field of plant health care.
Efficacy
This decree shall take effect on the first day of the calendar month following its publication.
Minister:
Ing. Bendl v. r.
Příloha č. 1
Annex No 1 to Decree No 206 / 2012 Coll.
Content of the basic course for the issue of a first degree certificate, additional training for the issue of a new first degree certificate, content of the basic course for the issue of a second degree certificate, content of the additional training for the renewal of a second degree certificate, content of the basic course for the issue of a third degree certificate and content of the course organised by the employer
A. Topics:
1. Legislation concerning products and their use and legislation on the protection of public health and the environment.
2. Existence of unauthorised or falsified products, their risks and methods of detection of such products.
3. Hazards and risks related to preparations and ways to detect and regulate them, in particular:
(a) the label of the preparation, including the package leaflet and the safety data sheet (including the elements of the hazard marking);
(b) the risks to humans (operators, inhabitants of the territory, persons present at the site of application of the product, persons entering treated areas and persons handling treated crops or people consuming them) and how those risks are multiplied by factors such as smoking;
(c) adverse health effects caused by products and emergency measures;
(d) risks to non-target organisms, biodiversity and the environment in general.
4. Integrated plant protection strategies and procedures, integrated plant production, biological methods of protection against harmful organisms, organic farming principles, information on guidelines and specific guidelines on integrated plant protection for each crop or sector.
5. Introduction to the comparative assessment of products at user level, which will help professional users in a specific situation to choose from authorised products to address the problem of harmful organisms with the least adverse effects on human health, non-target organisms and the environment.
6. Measures to minimise risks to humans, non-target organisms and the environment, in particular safe working procedures for storage, handling or mixing of products or for the disposal of empty packaging, other products of contaminated materials or residues of preparations, including mixtures in tanks, in concentrated and diluted form, recommended procedures to limit the exposure of operators of equipment for the application of products to the influence of products (e.g. personal protective equipment), protective periods and protective distances.
7. Risk assessment by using products on the basis of approaches that take into account the specific characteristics of the local basin, such as the existence of protection zones for surface and groundwater water resources, climate impact, soil and crop types and terrain characteristics.
8. The procedures by which equipment for the application of products is prepared for use, including its calibration, and procedures for ensuring the operation of equipment for the application of products with minimum risk to operators and other persons, non-target organisms, biodiversity reduction and environmental damage, including water sources.
9. The use of equipment for the application of preparations, its maintenance and special spray techniques, in particular the use of equipment limiting undesirable product leases, the importance and purpose of the technical inspection of the equipment used for the application of the preparations, and ways of improving spray quality. Specific risks associated with the use of hand-held equipment for the application of products or back sprinklers and appropriate risk management measures.
10. Exceptional measures for the protection of human health and the environment, including water resources, in the event of accidental spillage of products, contamination of products and exceptional weather conditions which would lead to the risk of residues of active substances of the products being released.
11. The scheme for the use of products in accordance with the objectives of water protection as an environmental component under § 23a (c) of the Water Act.
12. Control of the health of persons in relation to the risk of harm to their health by preparations and reporting cases of danger and damage to human health, including suspicion of such cases.
13. Keeping records of the use of products in accordance with legislation.
The basic course and additional training shall include a practical demonstration or demonstration to an extent that corresponds to the overall duration of the basic course and additional training.
B. The timetable for each topic of the basic course, including the scope of topics relating to the protection of public health and the environment, shall be published by the Ministry in the Ministry's Journal, taking into account the different responsibilities of the holders of certificates of first, second or third degree of competence.
C. The timetable for each topic of supplementary training, including the scope of topics relating to the protection of public health and the environment, shall be published by the Ministry in the Ministry's Journal, taking into account the different responsibilities of holders of certificates of first, second or third degree of competence.
D. The timetable for the various topics of the course organised by the employer, including the scope of topics relating to the protection of public health and the environment, shall be published by the Ministry in the Journal of the Ministry, taking into account the different responsibilities of the holders of the first degree of competence certificate.
Příloha č. 2
Annex No 2 to Decree No. 206 / 2012 Coll.
Příloha č. 3
Annex No 3 to Decree No. 206 / 2012 Coll.
Příloha č. 4
Annex No. 4 to Decree No. 206 / 2012 Coll.
1) 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.
2) Act No. 258 / 2000 Coll., on the Protection of Public Health, as amended.
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Regulation Information
| Citation | Decree No. 206 / 2012 Coll., on professional competence for the handling of preparations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.06.2012 |
|---|---|
| Effective from | 01.07.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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