Act No. 279 / 2013 Coll.
Act amending Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended, and other related laws
Valid
Law
Effective from 01.01.2014
Text versions:
01.01.2014
10.09.2013
Contents
ČÁST PRVNÍ
Čl. I
㤠2a
㤠8a
ČÁST DRUHÁ
Čl. II
㤠72
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
Čl. VII
ČÁST ŠESTÁ
Čl. VIII
Čl. IX
ČÁST SEDMÁ
Čl. X
Čl. XI
ČÁST OSMÁ
Čl. XII
ČÁST DEVÁTÁ
Čl. XIII
ČÁST DESÁTÁ
Čl. XIV
ČÁST JEDENÁCTÁ
Čl. XV
㤠53
㤠53a
ČÁST DVANÁCTÁ
Čl. XVI
ČÁST TŘINÁCTÁ
Čl. XVII
ČÁST ČTRNÁCTÁ
Čl. XVIII
Čl. XIX
ČÁST PATNÁCTÁ
Čl. XX
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279
THE LAW
of 21 August 2013
amending Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on the Central Audit and Examination Institute of the Agricultural
Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and on the amendment of certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended by Act No. 309 / 2002 Coll., Act No. 21 / 2004 Coll., Act No. 317 / 2004 Coll., Act No. 321 / 2004 Coll., Act No. 441 / 2005 Coll., Act No. 553 / 2005 Coll., Act No. 296 / 2007 Coll. and Act No. 291 / 2009 Coll., is amended as follows:
1. in § 2 (1), § 4 (1) of the introductory part of the provision, § 6 (1), § 6 (9) and § 11, the words "special laws (4)" are replaced by the words "special laws (4), (20)."
footnote 4:
"4) Act No. 321 / 2004 Coll., on wine-growing and wine-growing and on the amendment of certain related laws (Law on wine-growing and wine-growing), as amended. Act No. 91 / 1996 Coll., on Feed, as amended. Act No. 219 / 2003 Coll., on the putting into circulation of seeds and propagating plants and amending certain laws (Act on the circulation of seeds and seed), as amended. Act No. 97 / 1996 Coll., on the protection of hops, as amended. Act No. 156 / 1998 Coll., on Fertilisers, Soil Aid, Auxiliary Plant Products and Substance and on Agrochemical Testing of Agricultural Soils (Fertilisers Act), as amended. Act No. 78 / 2004 Coll., on the Treatment of Genetically Modified Organisms and Genetic Products, as amended. Act No. 408 / 2000 Coll., on the Protection of Plant Variety Rights and amending Act No. 92 / 1996 Coll., on Varieties, Seeds and Propagating Plants, as amended (Act on the Protection of Variety Rights). Act No. 110 / 1997 Coll., on Food and Tobacco Products and amending and supplementing certain related laws, as amended. '
Footnote 20 reads:
"20) Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended."
2. in Article 2 (1) (g):
"(g) plant health care,"
3. in Paragraph 2 (1) (h), the words "managed under the intensive fruit scheme" shall be replaced by "and land use records according to user relations."
4. Paragraph 2 (2), including footnote 5, reads:
"(2) The Institute for the Management of Genetically Modified Organisms and Products under the GMO Act (5) carries out state-of-the-art control, inspection and testing of these organisms and products and monitors the effectiveness of genetically modified organisms used for plant protection and the resistance of harmful organisms to genetically modified products. In the event of a breach of the obligations laid down by the Institute, the Czech Environmental Inspection Office shall initiate administrative proceedings and inform the Ministry of the Environment accordingly.
5) Act No. 78 / 2004 Coll., on the Treatment of Genetically Modified Organisms and Genetic Products, as amended. '
5. In Articles 2 (3) and 7 (7), the words "directly binding law 'are replaced by" directly applicable'.
6. In Articles 2 (3) and (5) and 7 (7), the words "the European Communities' are replaced by the words" the European Union '.
7. Paragraph 2 (4), including footnotes 21 and 22, reads:
"(4) The Institute also carries out control and surveillance activities under the Organic FarmingAct (21) and under the Agricultural Act (4a) in accordance with European Union rules to the extent set out in the Specific Act (20) and, within its jurisdiction, is a supervisory authority under the European Union Regulation governing accreditation and market surveillance (22).
21) Act No. 242 / 2000 Coll., on organic farming and amending Act No. 368 / 1992 Coll., on administrative fees, as amended, as amended.
22) Regulation (EC) No 765 / 2008 of the European Parliament and of the Council of 9 July 2008 laying down requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339 / 93. "
footnote 5b is deleted, including the footnote references.
8. The following Section 2a is inserted after Section 2, including the title and footnote 23:
Professional competence for state administration
The requirements of professional competence for the exercise of public administration laid down by the Plant Health Care Act (23) apply only to the activities referred to in Section 2 (1) (g).
23) § 82 of Act No. 326 / 2004 Coll., as amended. '
9. in Article 3 (1) (d):
"(d) in monitoring
1. the presence of prohibited and undesirable substances and additives exceeding the permitted limits in feed, soil and soil inputs in relation to the comprehensive safety of agricultural products and foodstuffs;
2. the effect of preparations on treated grown plants, plant products and effects on harmful organisms; ';
10. In Article 3, the following paragraph 7 is added:
"(7) The Institute is a national plant protection organisation under the International Convention on Plant Protection and carries out activities in the field of plant health, as defined by this Act and by special legislation20), resulting from directly applicable European Union24 regulations).
"(24) Regulation (EC) No 1107 / 2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79 / 117 / EEC and 91 / 414 / EEC."
11. in Article 4 (1) of the Introductory Part of the provision, the words "in accordance with special legislation4) and directly applicable European Union25" shall be inserted after the words "may";
footnote 25:
"25. For example, Article 5 of Regulation (EC) No 882 / 2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules, as amended, Article 22 of Commission Regulation (EC) No 1850 / 2006 laying down detailed rules for the application of TC1 for the verification of hops and hop products, as amended, Article 29 and 30 of Regulation (EC) No 2003 / 2003 of the European Parliament and of the Council on fertilisers, as amended."
12. The heading of Section 5 reads:
"Authorisations granted by the Institute for the performance of professional activities, national reference laboratories and reference laboratories'.
13. in Article 5 (1), the words "professional plant health activities under the Plant Health Act (20)" shall be inserted after the words "Special Act (9a)."
14. in Article 5 (1) and (2), the word "authorisation" shall be replaced by "authorisation."
15. in Article 5 (2), the words "Special Laws (7), (8), (9), (9a), (9b)" shall be replaced by "Special Laws (26)."
footnote 26 reads as follows:
"26) Act No. 91 / 1996 Coll., as amended. Act No. 156 / 1998 Coll., as amended. Act No. 219 / 2003 Coll., as amended. Act No. 97 / 1996 Coll., as amended. Act No. 326 / 2004 Coll., as amended. '
footnotes 7 to 9, 9a and 9b are deleted, including the footnotes.
16. in Article 5, paragraphs 4 to 6 read:
"(4) The Institute shall entrust the natural or legal persons who make themselves known to it with the performance of the professional activities of the reference laboratory. The Institute shall issue a mandate if the documents submitted which form part of the application show that:
(a) the natural or legal person is able to ensure the impartiality, quality and protection of confidential information;
(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) the natural or legal person complies with the requirements laid down in paragraph 8 for the designation of the reference laboratory.
(5) To entrust the activities of the reference laboratory for the diagnosis of harmful organisms referred to in Article 10 (1) of the Plant Health Act (20) or harmful organisms against which the introduction and spread of which are subject to the provisions of Article 7 (4) or Article 11 (2) and (3) of the Plant Health Act (20), only legal persons may be legal persons.
(6) The Institute shall withdraw the mandate given if the designated reference laboratory does not comply with the requirements or conditions laid down in paragraph 4. ';
17. In Article 5, the following paragraphs 7 and 8 are inserted after paragraph 6, including footnote 27:
"(7) The authorisation of reference laboratories for the diagnosis of harmful organisms referred to in Section 10 (1) of the Plant Health Act (20) or harmful organisms against which the introduction and spread of which are subject to measures under Section 7 (4) or under Section 11 (2) and (3) of the Plant Health Act (20) shall be deemed to be an authorisation to carry out laboratory testing tasks under the European Union Regulation governing the authorisation to perform laboratory testing tasks (27).
(8) The procedure laid down in paragraphs 1 to 7 is without prejudice to the provisions directly applicable to the European Union25).
(27) Council 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, as amended. "
Paragraph 7 shall become paragraph 9.
18. In Article 6, at the end of paragraph 2, the dot is replaced by a comma and the following point (e) is added:
"(e) in the field of plant health 20)."
19. In Article 6, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(3) The Institute shall also be entitled to claim compensation for the costs of carrying out professional tasks from a person who, by failure to fulfil or breach the obligations laid down by this Law or ordered under it, has caused the need to carry out such tasks.
(4) When determining the amount of compensation, account shall be taken of the average labour and material costs of each type of professional activity and of the level of expertise required for their implementation, and only costs incurred as a result of an application submitted which would otherwise not have been incurred by the Institute may be reflected in the calculation. ';
Paragraphs 3 to 9 shall be renumbered paragraphs 5 to 11.
20. In Article 6, the following paragraph 11 is inserted after paragraph 10:
"(11) Exemptions from reimbursement of costs
(a) State authorities;
(b) the local authorities, if they require the implementation of acts relating to the exercise of a delegated administration;
(c) persons making an application for mutual recognition of a product in the public interest or extending the authorisation to minor uses in the public interest. ";
Paragraph 11 shall become paragraph 12.
21. in Article 6 (12), "1 to 8" is replaced by "1 to 11";
22. In Article 7, paragraphs 1 to 5, including footnotes 15 and 16, are deleted, including the footnotes.
Paragraphs 6 to 8 shall be renumbered paragraphs 1 to 3.
23. in Paragraph 7 (1), the words "special legislation4)" are replaced by the words "special laws 4), 20)."
24. in Article 7 (3), the words "special legislation4)" are replaced by the words "special legislation4), 20) ';
25. in Article 7, paragraphs 4 and 5 are added:
"(4) The staff of the Institute of Control shall, in carrying out the inspection activities, be shown by means of a certificate of the Institute, which shall at the same time be evidence of their delegation to control them.
(5) The staff of the Institute shall act in accordance with paragraphs 1 to 4, unless otherwise provided in the directly applicable provisions of the European Union. '.
26. in Sections 8 (1), 8 (2), 9 and 10 (2) (a), the words "Special Laws (4)" are replaced by the words "Special Laws (4), (20)."
27. The following Section 8a is inserted after Section 8:
Provision of data
(1) The Constitution is provided for the exercise of its powers under this Act
(a) reference data from the population base register;
(b) data from the population registration agendas information system;
(c) data from the agency information system of foreigners.
(2) The data provided under paragraph 1 (a) are:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth, with the data subject who was born abroad, the date, place and state where he was born;
(c) the date and place of death, if the death of the data subject is outside the territory of the Czech Republic, the date of death, the place and the State in whose territory the death occurred; if the court's decision on the declaration of death is given, the date on which the decision is referred to as the day of death or the day on which it was declared dead, and the date on which the decision was acquired;
(d) the address of the place of stay;
(e) citizenship and, where appropriate, multiple citizenship.
(3) The data provided under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) the birth number, if assigned,
(d) the address of the place of permanent residence;
(e) citizenship and, where appropriate, multiple citizenship.
(4) The data provided under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date and place of birth;
(c) citizenship and, where appropriate, multiple citizenship;
(d) the type and address of the place of stay;
(e) the beginning of the stay or, where appropriate, the date of termination of the stay.
(5) Data which are referred to as reference data in the population base register shall only be used from the population registration agendas or the alien agendas if they are in the form preceding the current situation. "
28. In Article 10, the dot is replaced by a comma at the end of paragraph 2 and the following point (d) is added:
"(d) a list of the reference laboratories designated under Article 5 (4) and (5), including the focus of their activities.";
29. in Article 10 (3), the words "also publish the information contained in the Bulletin" shall be replaced by "publish the Bulletin."
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., Act No. 18 / 2012 Coll., Act No. 199 / 2012 Coll., Act No. 503 / 2012 Coll., is amended as follows:
1. in Articles 3 (2) and 74 (1) (k), the words "immediately binding" are replaced by the words "directly applicable."
2. In Article 5 (4), the words "State Plant Health Administration (hereinafter referred to as the Plant Health Administration) 'are replaced by the words" Central Agricultural Control and Testing Institute (hereinafter referred to as the Institute)'.
3. in § 6 (1), § 13 (1) (e), § 25 (3), § 25a (1), § 46 (b), § 46a (3) (f), § 50 (1), § 68 (2), § 69 (1), § 76 (5) and in § 86 (6) and (7), the words "plant health management" shall be replaced by the words "Institute."
4. Paragraph 6 (2) and (3) read:
"(2) If the Institute finds that harmful organisms are present in the crop or on propagating or reproduction material under specific legislation6), 7) the presence of harmful organisms which are in the process of preventing the recognition of such plants shall be notified in writing by the Ministry.
(3) The Ministry shall inform the Institute in writing of the occurrence of harmful organisms detected in the control of the health status of propagating or reproduction crops and forest reproductive or reproductive material. '
Article 5 (6a) shall be deleted, including the title.
6. § 7 (2) and (4), § 8 (1), (3) and (5), § 10 (1), (2), (4), § 12 (4) and (6), § 13 (2), § 14 (5), § 15 (3), § 69 (2), § 22 (3), § 25 (4), § 25a (2), § 36 (1), § 37 (1), § 37 (1), § 37 (1), § 39 (1), (2) and (3), § 33 (3), (6), (7) and (8), § 49 (4), § 50 (2), § 52 (7), § 54 (3), § 61 (6), § 62 (2), § 69 (3), § 69 (3) and § 45 (6), § 6), § 76 (6), § 86 (6), § 6), § 76 (6), § 76 (6), § 6), § 6), § 6, § 6, § 6, § 6, §
7. 8 (2), (4), (9), § 10 (5) (d), § 11 (1), (2) and (3), § 12 (4) and § 25 (1) and § 43 (1), § 45 (1) and § 9 (2), § 5 (2), § 19 (2), § 21 (2), § 22 (1) and § 37 (1), § 38 (1) and § 43 (1), § 45 (1) and § 9 (2) and § 5 (6), § 30 (2) and (7), § 32, § 33 (5), § 35 (3), § 37 (1) and § 38 (1), § 43 (2), § 5), § 45 (5), § 30 (5), § 5), § 5), § 5 (5) (5), § 5), § 5), § 5 (5), § 5 (5), § 5), § 5 (5), § 5), § 5, § 5, § 5, § 5, § 5, § 5,
8. In § 8 (4), § 9, § 12 (3), § 13 (1) (b), (d) and (f), § 20 (2) (b), § 24 (1) and (2), § 25 (7), § 28 (1), § 31 (1), (4) and (6), § 33 (6), § 38a (1), § 45 (11) and § 12 (c) (2), § 79e (3) (c) and (d), § 51 (1) (b), § 69 (3) (c), § 73 (1), § 76 (a), § 56, § 60 (1) (a) and (b), § 60 (2), § 68 (4) (c), § 73 (1), § 73 (1), § 76 (b), § 79 (b), § 79 (b), § 79 (b), § 79 (e), § 79f), § 79f), § 60 (2), § 68 (4 (4), § 69 (c)
9. In § 8 (5), § 13 (1) (b), § 16 (3), § 20 (2) (c), § 21 (4), § 25 (8), § 26 (1), § 30 (2) (b), § 35 (4), § 37a (1), § 38b (2), § 43 (1) and (8), § 45 (12) (c) (1) and § 57 (2), § 57 (2), § 65 (3), § 69a (2), § 75 (3) and (c), § 76 (2), § 77, § 79f (1) (m) (3), § 79f (5), § 79h (e), § 80 (c), § 80 (a), § 80 (a), § 80 (a), § 81 (3), § 77 (3), § 3), § 87, § 87, and in the title (2), § 87, § 57 (1 (1), § 2), § 1 (1), § 87, § 57 (1)
10. In § 10 (4), § 13 (1) (b), § 15 (2), § 16 (1) (b), § 21 (1) and (2), § 25 (2), § 26 (1) (b), § 26 (1) (10), § 28 (1), § 35 (5), § 43 (8) (c), § 46a (3) (a), § 51 (4), § 52 (2) (b), § 76 (4) (b) and (c), § 79b (1), § 79a (2), § 75 (1), § 76 (1) (a), § 76 (2), § 76 (4) (b), § 79b), § 79b), § 79b (c), § 79b), § 79 (1 (c), § 79 (c), § 87 (c), § 87 (1), § 87 (1 (c), § 87 (c), § 87 (c), § 1 (c), § 71 (1), § 69 (c),
11. in Paragraph 10 (5) (d), the word "fixed" is replaced by the word "established."
12. In Article 10, the following paragraph 6 is added:
"(6) The staff of the Institute shall be entitled to carry out the survey of the presence of harmful organisms referred to in paragraph 1 and the monitoring of harmful organisms referred to in Article 5 (1).
(a) to obtain photo documentation in connection with the survey;
(b) enter and enter through means of transport into premises, land and operational and storage areas and facilities on which plants, plant products or other objects are grown, stored or processed and to the extent necessary to take samples, preparations or other products. The sampling shall be carried out in a similar manner to the sampling during the inspection. ';
13. in Paragraph 13 (1) (b), "her" is replaced by "him."
14. in Paragraph 16 (4), "paragraphs 5 and 6" shall be replaced by "paragraphs 3 and 4";
15. in Article 17 (1) and in Article 19 (2), the word "granted" shall be replaced by "granted."
16. in § 22 (3) (a), § 31 (1), § 33 (3), § 37a (1), § 39 (3), § 45 (7), § 74 (2) and in § 75 (1) the word "authorised" shall be replaced by "authorised."
17. in Article 22 (4) and in Article 76 (6) (b), the word "discovered" shall be replaced by "discovered."
18. in Articles 25 (3) and 26 (7), the words "the customs authority" shall be replaced by the words "the customs office."
19. in the second sentence of Article 25 (3), in the second sentence of Article 81 (4) and in the second sentence of Article 87 (7), the word "which" is replaced by "which."
20. In Paragraph 26 (11), the words "customs authority 'are replaced by the words" customs office' and the words "customs authorities' are replaced by the words" customs offices'.
21. Paragraph 34 (2) reads:
"(2) The Institute shall not authorise for non-professional use medicinal products for which the risk to human health is not reduced by laying down additional measures which, on the basis of an assessment of the effects on human health referred to in 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 after single or repeated exposure category 182). ';
22. in § 46a (3) (g):
"(g) to sell products authorised for professional use only to persons who prove that the final customer of the product is to ensure that the handling of the products is managed by the holder of a second or third degree certificate; the distribution and issue of such products shall be kept by the distributor, which shall include the date of issue of the product, the name and quantity of the product delivered and the serial number of the certificate of the person who controls the handling of the products with the final customer. ';
23. In Paragraph 52 (4), the words "Czech Environmental Inspection Office" are replaced by the words "municipal authority of the municipality with extended competence."
24. In Paragraph 54 (3), the word "not found 'is replaced by" not found'.
25. in Paragraph 54 (14) (b), the word 'not' shall be replaced by 'not'.
26. in Article 71 (1), point (a) is deleted;
Points (b) to (j) shall be renumbered (a) to (i).
27. in Article 71 (1) (f):
"(f) be responsible for fulfilling the obligations in the field of plant health resulting from the membership of the Czech Republic in international organisations, in particular from membership of the International Convention on Plant Protection and in the European Union, for developing and coordinating national strategies for plant health at national and international level,"
28. Paragraph 72, including the title, reads:
Institute
(1) The Institute shall exercise its powers under the provisions of this Law in respect of:
(a) the protection of plants and plant products provided for in Sections 5 and 6;
(b) measures to prevent the introduction and spread of harmful organisms or, where appropriate, invasive harmful organisms pursuant to Sections 7 to 13, Sections 15 to 17, Sections 19, 21, 22 and 25 to 30,
(c) preparations and other means;
(d) mechanical appliances;
(e) plant health surveillance and management in matters relating to plant health, including the imposition of emergency plant health measures, the handling of emergency situations and the imposition of fines pursuant to Sections 74 to 77 and Sections 79a to 79i;
(f) professional plant health activities and competence to carry them out in accordance with Sections 79, 81 to 83 and 86.
(2) The Institute further
(a) monitor the occurrence of harmful organisms and disturbances on land and objects where plants or plant products are grown, stored or processed;
(b) evaluate information on adverse effects of authorised products and other means;
(c) decide whether it is a preparation or other product;
(d) ensure and carry out plant health diagnostics;
(e) decide on the basis of a request for delegation of a natural or legal person by carrying out the professional plant health activities provided for in Article 81 (1);
(f) declare measures against the introduction and spread of harmful organisms as laid down in the directly applicable provisions of the European Union;
Contents
ČÁST PRVNÍ
Čl. I
㤠2a
㤠8a
ČÁST DRUHÁ
Čl. II
㤠72
Čl. III
ČÁST TŘETÍ
Čl. IV
ČÁST ČTVRTÁ
Čl. V
ČÁST PÁTÁ
Čl. VI
Čl. VII
ČÁST ŠESTÁ
Čl. VIII
Čl. IX
ČÁST SEDMÁ
Čl. X
Čl. XI
ČÁST OSMÁ
Čl. XII
ČÁST DEVÁTÁ
Čl. XIII
ČÁST DESÁTÁ
Čl. XIV
ČÁST JEDENÁCTÁ
Čl. XV
㤠53
㤠53a
ČÁST DVANÁCTÁ
Čl. XVI
ČÁST TŘINÁCTÁ
Čl. XVII
ČÁST ČTRNÁCTÁ
Čl. XVIII
Čl. XIX
ČÁST PATNÁCTÁ
Čl. XX
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Regulation Information
| Citation | Act No. 279 / 2013 Coll., amending Act No. 147 / 2002 Coll., on the Central Audit and Examination Institute of Agriculture and amending certain related laws (Act on the Central Audit and Examination Institute of Agriculture), as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.09.2013 |
|---|---|
| Effective from | 01.01.2014 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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