What is Act No. 326 / 2004 Coll.?

Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts — Law on Plant Health and on the amendment of certain related laws.

When it became Act No. 326 / 2004 Coll. effectiveness?

Act No. 326 / 2004 Coll. became effective 31.05.2004.

Is Act No. 326 / 2004 Coll. still valid?

Yes, Act No. 326 / 2004 Coll. is still valid and effective.

Act No. 326 / 2004 Coll. - Law on Plant Health and on the amendment...

326

THE LAW

of 29 April 2004

on plant health and amending certain related laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

VEGETABLES

HLAVA I

BASIC PROVISIONS

§ 1

Subject matter

(1) This law implements the relevant European UnionRegulation (1), following directly applicable European UnionRegulations (67), (103) and regulates the rights and obligations of natural and legal persons relating to:

(a) the protection of plants and plant products against harmful organisms and diseases;

(b) protection against the introduction into the Czech Republic of organisms harmful to plants or plant products from other Member States of the European Union and from third countries, the spread within the Czech Republic and the introduction into the territory of other Member States of the European Union and third countries of such harmful organisms;

(c) conditions for the placing on the market, use and control of plant protection products (hereinafter referred to as "products") and plant protection aids (hereinafter referred to as "aids"),

(d) placing on the market and control of active substances intended for use in preparations;

(e) reducing the adverse effects of harmful organisms and the use of preparations and aids on human, animal and environmental health;

(f) marketing, use and control testing of equipment for the application of products.

(2) The Act lays down the competence of the administrative authorities in the field of plant health care, regulates the scope and exercise of plant health surveillance and the imposition of emergency plant health measures, lays down the requirements for professional competence in the performance of professional plant health activities, reimbursement of costs for professional activities carried out and fines for infringements of the obligations laid down in this Act.

§ 2

Basic concepts

(1) For the purposes of this Act:

(a) harmful organisms harmful to organisms within the meaning of Regulations (EU) 2016 / 2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against harmful organisms of plants, amending Regulations (EU) No 228 / 2013, (EU) No 652 / 2014 and (EU) No 1143 / 2014 of the European Parliament and of the Council and repealing Council Directives 69 / 364 / EEC, 74 / 647 / EEC, 93 / 85 / EEC, 98 / 57 / EC, 2000 / 29 / EC, 2006 / 91 / EC and 2007 / 33 / EC, as amended ("Regulation (EU) 2016 / 2031) and non-parasitical plants harmful to plants or plant products,

(b) plants, plant products and other objects plants, plant products and other objects within the meaning of Regulation (EU) 2016 / 2031;

(c) harmful changes caused on plants or plant products by adverse physical and chemical factors;

(d) integrated plant protection, a summary of 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;

(e) monitoring of harmful organisms by the process of continuous monitoring of the occurrence of harmful organisms and evaluating the associated risks;

(f) by examining the presence of harmful organisms, the official monitoring carried out by the competent authority in a specific territory within a specified period in order to detect the presence of the harmful organism or to determine the characteristics of its population;

(g) the threshold of harmful effects is the value of the population density of the harmful organism on the property or in an object where it is economically justified to implement a protective measure to limit the negative impact of the harmful organism on the property or object on the yield or quality of plants or plant products;

(h) the calamite threshold of the harmful organism is the value of the population density of the harmful organism on the property or in an object which, as a result of the negative influence of that organism, causes a significant reduction in the yield or quality of plants or plant products, risks to the environment of a greater extent or risks to human or animal health;

(i) areas used by the general public or vulnerable groups of the population (79), in particular public parks or gardens, public spaces within municipalities, public burial sites, sports grounds, recreational areas, school or school grounds, children's playground, health facilities, medical care facilities or cultural facilities;

(j) 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;

(k) equipment for the application of preparations of equipment specifically designed for the application of preparations, including accessories necessary for the effective operation of such equipment, such as nozzles, pressure gauges, filters, sieves and tank cleaning equipment.

(2) For the purposes of this Act:

(a) by an importer, a natural or legal person who himself or through another natural or legal person transports a consignment from a third country through the national borders of the Czech Republic, with the exception of the customs procedure of internal transit, 2)

(b) by the distributor, the person who places the product on the market;

(c) a professional user, including operators, technicians, employers and self-employed persons, using products in the context of their professional activities, both in the field of agriculture and in other sectors;

(d) a batch of the quantity of product produced or prepared in a single production cycle or process or homogenised during preparation or manufacture; the essential characteristic of the lot is its homogeneity,

(e) 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;

(f) a risk indicator as a result of the calculation method used to assess the risk of use of products on human health or the environment;

(g) plant protection equipment for the application of products and equipment for the treatment or labelling of wood packaging material, wood or other objects;

(h) 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, place on the market products for professional use and organise courses and training to obtain and extend the certificates referred to in Article 86;

(i) 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, provided that such activities are not reserved for the holder of a third-degree certificate;

(j) a first-degree certificate certifying that a natural person may dispose of products under the direction of the holder of a second or third-degree certificate for the handling of products.

(3) The basic terms referred to in paragraphs 1 and 2 are without prejudice to those set out in directly applicable European Union69).

HLAVA II

PROTECTION OF PLANTS AND PLANT PRODUCTS AGAINST TRAINING ORGANISMS AND FRUIT

§ 3

Basic obligations of natural and legal persons

(1) A natural or legal person who grows, produces, processes or places on the market plants, plant products or other objects and the owner of the land or object or the person who uses them for other legal reasons is required to:

(a) identify and restrict the presence and spread of harmful organisms in such a way as to avoid harm to other persons or damage to the environment or to endanger human or animal health;

(b) use for the treatment of plants, plant products and other objects against harmful organisms only products, aids and equipment for the application of products authorised for use under this Law and Regulation (EC) No 1107 / 2009 in a manner that does not harm the surrounding crop, human and animal health or the environment.

(2) Natural and legal persons who are obliged to fulfil the obligations imposed on them by this Act are also obliged to perform the tasks arising from the directly applicable provisions of the European Union in the field of plant health.

§ 4

Monitoring and exploration of harmful organisms

(1) Central Agricultural Control and Examination Institute (hereinafter referred to as the Institute)

(a) carry out a survey on the presence of harmful organisms and plant protection related plant disorders and the conditions for the spread of harmful organisms in the Czech Republic;

(b) publish the hurtful thresholds and, without undue delay, make available up-to-date information on the occurrence of harmful organisms, including warnings of their achievement; and

(c) collect and publish available data on the risk of the emergence of resistance to harmful organisms for the preparation and on measures to prevent resistance to harmful organisms for the preparation ("anti-resistance strategies").

(2) The staff of the Institute shall be authorised to monitor and investigate the presence of harmful organisms as referred to in paragraph 1 (a).

(a) take photo documentation; and

(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, take samples free of charge of plants, plant products or other objects, preparations or other products.

(3) Prague publishes the harmful effects of the Institute after an assessment based on current scientific knowledge and taking into account the recommendations of the Plant Health Council of the Ministry of Agriculture. In its assessment, the Institute shall evaluate in particular:

(a) the degree of potential loss of revenue caused by the harmful organism;

(b) the biology of the harmful organism and the biology of the plant which the harmful organism may attack or harm; and

(c) the sensitivity of plant development phases to infestation or damage by harmful organisms.

§ 4a

Calamity threshold and calamity of the harmful organism

(1) The list of harmful organisms which repeatedly reach the calamity threshold and their calamity thresholds are laid down in implementing legislation.

(2) Achieving or crossing the calamity threshold of a harmful organism other than that established in accordance with paragraph 1 The Institute notes on its own assessment that this is justified by current scientific knowledge. In its assessment, the Institute shall evaluate in particular:

(a) the ability and speed of the harmful organism to cause economically significant damage to the crops of cultivated plants or to endanger human, animal health or the environment based on the biological and epidemiological properties of the harmful organism; and

(b) the availability and effectiveness of methods to reduce the population density of the harmful organism.

(3) After the achievement or crossing of the calamite threshold of the harmful organism referred to in paragraph 1 or 2 has been established The Institute shall assess the potential territorial extent of economically significant damage to cultivated plants or the threat to human, animal or environmental health. If there is a threat of economic damage or a threat to human, animal or environmental health, the Institute

(a) the Regulation shall, in accordance with the procedure laid down in Article 76 (2), issue second to fourth sentences by which it shall declare the calamity of the harmful organism and define the territory to which the calamity of the harmful organism applies (hereinafter referred to as "the territory concerned"),

(b) carry out, during the period of validity of the Regulation referred to in point (a) in the territory concerned, a survey of the presence of the harmful organism in such a way that appropriate methods, at appropriate intervals and to a sufficient extent, are monitored and the results of that survey are made public; and

(c) order, taking into account the conditions for the protection of human health and the environment in the territory concerned, exceptional plant health measures in accordance with Article 76 (2) (b), provided that it is possible to stop or restrict the spread of the harmful organism from the territory concerned.

(4) The territory concerned shall be defined by the Institute in particular on the basis of:

(a) the biological and epidemiological properties of the harmful organism, in particular its capacity and speed of spread;

(b) the number of plant species which the harmful organism is capable of attacking or damaging; and

(c) the availability and effectiveness of methods to reduce the population density of the harmful organism.

§ 5

Integrated plant protection

(1) The professional user shall take into account all available plant protection methods and shall subsequently introduce appropriate measures that can be justified from an economic and environmental point of view and which reduce or minimise risks to human health or the environment.

(2) In deciding on the use of integrated plant protection, a professional user is always obliged to ensure optimal growth of healthy plants and the health and quality of plant products at the least possible disruption of agricultural ecosystems and to consider the application of integrated plant protection measures provided for in the implementing legislation.

(3) The professional user shall record data on the self-monitoring of the presence of harmful organisms, on the products used by him and on the evaluation of the success of the plant protection measures carried out by him in accordance with the implementing legislation.

(4) Institute

(a) ensure the availability of products for the application of integrated plant protection and anti-resistance strategies;

(b) collect and publish methodological procedures for the application of integrated plant protection guidelines to plants and plant groups using the results of the scientific research base; and

(c) carry out testing of authorised products and aids to determine their optimum use in accordance with the principles of integrated plant protection under the conditions of the Czech Republic and compare the effectiveness of authorised products and aids and publish the results of such testing.

§ 6

Exploration of the presence of harmful organisms before planting of propagating or reproductive material

(1) A natural or legal person intending to cultivate breeding, reproduction or reproduction material under special legislation (6), (7) may, before the establishment of the relevant crop, request the Institute to carry out a survey of the presence of harmful organisms whose presence impedes the recognition of the relevant material. The survey shall be carried out at the place designated for the production of the material and, where appropriate, in the immediate vicinity thereof. The types of plants covered by the possibility of carrying out the survey shall be laid down in implementing legislation.

(2) The request for a survey referred to in paragraph 1, other than the general terms of the application under the administrative rules, shall contain:

(a) the identification of the parcel on which the crop of propagating material is to be based or the source of reproductive material recognised; and

(b) the name of the species of plant whose propagating material is to be planted or the species of plant whose source of reproductive material is to be recognised.

The model application shall be published by the Institute on its website.

HLAVA III

MEASURES AGAINST THE INSTALLATION AND EXTENSION OF TRAINING ORGANISMS

§ 8

Authorisation for the import, movement, holding and propagation of harmful organisms, plants, plant products and other objects for use for official testing, scientific or educational purposes, experiments, variety selection or breeding

(1) The Institute shall, upon request in accordance with Articles 8, 32 (2), 48, 49 (5) and 58 of Regulation (EU) 2016 / 2031 and the directly applicable provisions of the European Union adopted on the basis thereof, decide on the authorisation of imports, movements within the territory of the Czech Republic, the holding and multiplication of quarantine material,

(a) quarantine pests for the European Union;

(b) harmful organisms subject to measures adopted pursuant to Article 30 (1) of Regulation (EU) 2016 / 2031;

(c) quarantine harmful organisms for protected zones;

(d) plants, plant products and other objects which are prohibited from being imported into the territory of the European Union;

(e) plants, plant products and other objects not meeting the specific and equivalent requirements laid down;

(f) high-risk plants, plant products or other objects;

(g) at risk plants, plant products or other objects for which temporary measures have been taken pursuant to Article 49 of Regulation (EU) 2016 / 2031;

(h) plants, plant products and other objects prohibited from being introduced into protected zones; or

(i) plants, plant products and other objects not meeting the specific requirements for protected zones.

The model application shall be published by the Institute on its website.

(2) The Institute may amend or revoke a decision adopted pursuant to paragraph 1 if the conditions laid down in Article 8 or 48 of Regulation (EU) 2016 / 2031 are not met, directly applicable European Union provisions adopted pursuant to it or in a decision of the Constitution. An appeal against a decision to amend or revoke an authorisation referred to in paragraph 1 shall not have suspensory effect.

Placing on the market of plants, plant products and other objects

§ 12

Registration of professional operators

(1) Institute

(a) accept requests from professional operators referred to in Article 65 (1) of Regulation (EU) 2016 / 2031 on the registration or updating of data in accordance with Article 66 of Regulation (EU) 2016 / 2031; and

(b) maintain and update an official register of professional operators in accordance with Article 65 to 67 of Regulation (EU) 2016 / 2031.

(2) The Institute shall issue evidence of the registration of a professional operator in an official register maintained in accordance with paragraph 1 where the registration application contains the data provided for in Article 66 (2) of Regulation (EU) 2016 / 2031, or where the request for updating the data having an impact on the change of activities referred to in Article 66 (2) (b) or (c) of Regulation (EU) 2016 / 2031 is satisfied.

(3) Pursuant to Article 65 (1) or (3) of Regulation (EU) 2016 / 2031, the Institute may, by means of a regulation issued in accordance with the second to fourth sentences of Paragraph 76 (2), provide that:

(a) other categories of growers or other professional operators are to be registered, where this is justified by the risk of introduction of harmful organisms which are their plants or any other activity; or

(b) the derogation referred to in the first subparagraph of Article 65 (3) (a) of Regulation (EU) 2016 / 2031 shall not apply to all or certain growers or other professional operators, where this is justified by the risk of transmission of harmful organisms by plants which are grown or which relate to any other of their activities.

(4) Small quantities of seeds as referred to in Article 65 (3) (b) of Regulation (EU) 2016 / 2031 shall be considered small packages of seed provided for in Article 19a of the Law on the circulation of seed and seed.

§ 13

Authorisation to issue plant passports

(1) The Institute shall accept applications from professional operators for authorisation to issue plant passports in accordance with Article 89 of Regulation (EU) 2016 / 2031.

(2) The authorisation referred to in paragraph 1 may be requested together with the application for a marketing authorisation referred to in Article 12.

(3) The Institute shall issue a certificate of authorisation for the issue of plant passports only if the professional operator proves that it fulfils the conditions laid down in Article 89 (1) of Regulation (EU) 2016 / 2031 and in the directly applicable European Union Regulation adopted on the basis thereof. The procedure for demonstrating compliance with the conditions and the extent of knowledge of professional operators necessary under Article 89 (1) (a) of Regulation (EU) 2016 / 2031 shall be laid down in implementing legislation.

(4) The professional operator shall demonstrate the knowledge referred to in Article 89 (1) (a) of Regulation (EU) 2016 / 2031 through at least one person conducting an investigation pursuant to Article 87 of Regulation (EU) 2016 / 2031 or authorised by a professional operator to provide appropriate training in accordance with Article 90 (2) of Regulation (EU) 2016 / 2031. The name, names, surname and contact details of that person shall be indicated by the professional operator in the application referred to in paragraph 1.

Plant passports required for the movement of plants, plant products and other objects within the European Union

§ 14

(1) The close proximity of the registered operator's premises pursuant to Article 82 of Regulation (EU) 2016 / 2031 means the whole territory of the Czech Republic. In the case of movements of plants, plant products and other objects within the premises of the registered operator and between its premises in accordance with Article 82 of Regulation (EU) 2016 / 2031, the registered operator shall keep a stock register showing that the plants, plant products and other objects transferred originate from that registered operator.

(2) The Institute shall, at the request of a registered operator, conduct investigations for the purpose of issuing plant passports in the cases referred to in Article 87 (2) and (3) of Regulation (EU) 2016 / 2031. The request to carry out an investigation by the Institute shall include, in addition to the general requirements of the application under the Administrative Rules:

(a) the address of the establishment where the investigation is to be carried out;

(b) the type and number of plants, plant products or other objects to be investigated; and

(c) an indication of the reason for carrying out the investigation by the Institute pursuant to Article 87 (2) of Regulation (EU) 2016 / 2031.

The registered operator shall submit the application within a time limit which allows the investigation to be carried out at the appropriate time and taking into account the relevant risks referred to in Article 87 (3) (a) of Regulation (EU) 2016 / 2031.

(3) The results of the investigation carried out by the Institute pursuant to paragraph 2 shall be kept by the Institute and the registered operator who requested the investigation.

(4) Where it is established that the requirements of Article 85 or 86 of Regulation (EU) 2016 / 2031 are not met, the Institute shall order the measures provided for in paragraphs 75 or 76 to remedy the deficiencies identified and may withdraw the authorisation to issue plant passports. The authorisation to issue plant passports shall be withdrawn by the Institute where a marketing authorisation granted pursuant to Paragraph 12 or at the request of the professional operator is revoked.

(5) The information concerning the plant passport to be recorded by the authorised operator pursuant to Article 69 (3) (c) of Regulation (EU) 2016 / 2031 is provided for in the implementing legislation.

§ 15

(1) At the request of a professional operator, the Institute shall issue a plant passport in the form of a document in accordance with Article 84 (2) or Article 93 of Regulation (EU) 2016 / 2031; Article 84 (1) of Regulation (EU) 2016 / 2031 shall be without prejudice to this.

(2) In accordance with Article 94 (2) and (3) of Regulation (EU) 2016 / 2031 at the border inspection post, the Institute may replace the plant health certificate issued for an imported plant, plant product or other object with an officially certified copy thereof.

(3) A professional operator who has invalidated and removed the plant passport issued by the Institute in accordance with Article 95 (4) of Regulation (EU) 2016 / 2031 shall immediately inform the Institute thereof.

§ 16

Risk management plans

(1) The Institute shall decide on the approval of the pest risk management plan on the basis of a request from an authorised operator if the draft plan fulfils the conditions laid down in Article 91 (1) of Regulation (EU) 2016 / 2031.

(2) In the case of approval of the pest risk management plan referred to in paragraph 1, the control of the Institute referred to in Article 92 (1) of Regulation (EU) 2016 / 2031 shall also focus on the up-to-date nature of the measures provided for in that plan and on their implementation.

Imports of plants, plant products and other objects from third countries

§ 21

General provisions

(1) The Institute shall carry out checks on plants, plant products and other objects entering the European Union ("import plant health control") in accordance with the relevant provisions of Regulation (EU) 2017 / 625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities carried out by the European Parliament and the Council in order to ensure the application of food and feed rights and rules relating to animal health and animal welfare, plant health and plant protection products, amending Regulation (EC) No 999 / 2001 of the European Parliament and of the Council and repealing Regulations (EC) No 854 / 2004, (EC) No 89 / 89 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) 2016 / 429 / 429 and (EU) 2016 / 2031, Council Regulations (EC) No 1 / 2005 and (EC) No 1099 / 2009 / 2009 / 2009 and Council Directives 98 / 96 / 96 / 96 / 96 / 96 / EC.

(2) Where the customs procedure gives rise to a reasonable suspicion that a consignment which is imported from a third country into the Czech Republic contains or is contaminated by the plants set out in the Annex to Commission Implementing Regulation (EU) 2016 / 1141 of 13 July 2016 adopting a list of invasive non-indigenous species having a significant impact on the Union pursuant to Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council, as amended, ("Regulation (EU) 2016 / 1141 '), such consignment shall be subject to control by the Institute. The customs office shall immediately inform the Institute in writing of the suspected suspicion and shall not decide until the completion of the inspection carried out by the customs procedure. Where a consignment has been found to contain plants set out in the Annex to Regulation (EU) 2016 / 1141, the import of which has not been authorised under the derogation provided for in Article 8 (1) of Regulation (EU) No 1143 / 2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and control of introduction or introduction and spread of invasive non-indigenous species for the introduction into the European Union (" Regulation (EU) No 1143 / 2014') or the conditions laid down for the introduction into the European Union of such plants in a permit issued pursuant to Article 8 (1) of Regulation (EU) No 1143 / 2014, the Institute shall, without delay, in accordance with Article 75, order the refusal to enter or destroy a consignment on the territory of the European Union territory or part thereof.

§ 22

(1) Institute

(a) be authorised to take samples from the consignment to the extent necessary for the proper conduct of import phytosanitary checks; Paragraph 74 (2) shall apply mutatis mutandis;

(b) shall not be liable for any damage caused by the delay of the means of transport or the delay of delivery of the consignment for the period strictly necessary to carry out the import phytosanitary checks; This provision is without prejudice to liability for damage caused in the exercise of public authority by a decision or by an incorrect official affidavit (17); and

(c) issue a binding opinion for decisions by authorities which control trade and the handling of imported endangered species of animals, plants and products thereof which do not comply with the phytosanitary import requirements of the European Union.

(2) The record of import phytosanitary checks is the common health entry document referred to in Article 56 of Regulation (EU) 2017 / 625.

§ 25

Border inspection posts

(1) The Institute shall, in accordance with Article 59 of Regulation (EU) 2017 / 625 and subject to the conditions laid down in Articles 62 and 63 of Regulation (EU) 2017 / 625, determine, suspend, suspend, suspend and revoke the destination of the border inspection post where import plant health checks are carried out.

(2) The operator of the border inspection post shall, in return for payment, provide the Institute with appropriate premises to enable the minimum requirements for the performance of import phytosanitary checks. If the operator of this post is an organisational body of the State, it shall provide these premises to the Institute free of charge.

(3) The border inspection post operator shall place on its premises containers intended for the disposal of plants, plant products and other objects imported from third countries in personal contact and not complying with the requirements laid down in Regulation (EU) 2016 / 2031 or directly applicable European Union provisions adopted pursuant to it. The border inspection post operator shall be responsible for the safe disposal of the contents of the containers under the supervision of the Institute.

§ 25a

Procedure for the approval of places for identity checks and physical checks on consignments or lots

(1) The Institute approves, suspends the approval, withdraws the suspension of the approval and withdraws the approval of the place of identity check and physical checks of consignments or lots carried out outside the border inspection post in accordance with Article 53 of Regulation (EU) 2017 / 625 and directly applicable European Union provisions adopted on the basis thereof. The Institute shall inform the competent customs office of such decisions.

(2) The importer of a consignment or lot intending to submit that consignment or lot for identity or physical inspection at a place other than the border inspection post shall request the approval of that place by the Institute.

(3) The application referred to in paragraph 2 shall be submitted by the importer of the consignment or lot at least 1 month before the expected date of the first entry into the European Union of the consignment or lot. The application referred to in paragraph 2 shall include, in addition to the general particulars of the application under the administrative rules:

(a) the importer's registration number if the importer has to be registered;

(b) identification of the place where the identity check or physical check is to be carried out;

(c) a description of the objects and premises where the identity check or physical check is to be carried out, including the number of such objects and the local marking;

(d) the type of plant, plant product or other object to be introduced into the place where the identity check or physical check is to be carried out;

(e) whether the consignment or lots will be sent to the place where the identity check or physical check is to be carried out in one or more cases; and

(f) a border inspection post for the entry into the European Union of a consignment or lot.

The model application shall be published by the Institute on its website.

§ 26

Loading with consignment or lot after import phytosanitary inspection

(1) Where the import phytosanitary inspection reveals that the consignment or lot complies with the requirements laid down in Regulation (EU) 2016 / 2031, it shall be placed under the proposed customs procedure. Where those requirements are not complied with or suspected of non-compliance with those requirements is suspected during the course of the import phytosanitary inspection, the consignment or lots under the supervision of the Institute shall be subject without delay to one or more of the measures referred to in Article 66 or 67 of Regulation (EU) 2017 / 625 ordered under § 75 or 76. Similarly, the provisions of Article 69 of Regulation (EU) 2017 / 625 shall be followed.

(2) Where the Institute directs the measures referred to in paragraph 1 for a consignment or a lot of plants protected under special legislation (20), it shall preferably apply the placing of such plants in a quarantine station or isolation facility for as long as is strictly necessary to prevent the spread of harmful organisms.

(3) The measures referred to in paragraph 1 shall be ordered by the Institute to the importer, carrier or consignee of the consignment or lot, the warehouse operator or any means of transport, containers and packaging used in the transport or storage of the consignment or lot concerned. The costs associated with their implementation shall be borne by the person to whom these measures have been imposed.

§ 28

Exports of plants, plant products and other objects

(1) An application for the issue of a phytosanitary certificate for export or a phytosanitary certificate for export (hereinafter referred to as "phytosanitary certificate") shall be submitted by the Institute by a professional operator or, where appropriate, by another person, provided that the conditions of Regulation (EU) 2016 / 2031 are met at least 3 working days before the date of loading of the consignment. In addition to the general elements of the application under the administrative rules, the application shall contain details of the type and quantity of the plants, plant products and other objects exported. The applicant shall, together with the application, propose a place where it will allow the Institute to carry out the necessary investigations. The Institute shall carry out this investigation in order to verify the conformity of the plants, plant products or other objects concerned with the phytosanitary import requirements of the third country concerned. Where the Institute does not have the phytosanitary import requirements of the third country concerned, it shall not carry out the investigation and the proceeding shall be terminated.

(2) The Institute of Investigation referred to in paragraph 1 shall carry out an investigation at a place which complies with the minimum technical equipment requirements laid down in the implementing legislation. The scope of the investigation shall be determined by implementing legislation. The investigation of the export of plants, plant products and other objects presenting a high level of risk of introduction and spread of harmful organisms shall be carried out by the Institute only in a place which meets the specific requirements laid down in the implementing legislation. The ability of harmful organisms to avoid visible signs of infestation on plants, plant products or other objects shall be considered as a high level of risk. Plants, plant products, other objects and harmful organisms which do not give rise to visible signs of infestation shall be subject to implementing legislation.

(3) The Institute shall issue a phytosanitary certificate which is evidence to guarantee compliance with the phytosanitary import requirements of the third country concerned, provided that the conditions laid down in Article 100 (1) or Article 101 (1) and (2) of Regulation (EU) 2016 / 2031 are met.

(4) The models of plant health certificates issued in accordance with paragraph 1 are laid down in implementing legislation.

(5) The authorisation of the Ministry of the Environment for the export of artificially propagated plants of endangered species of wild plants may be replaced by a phytosanitary certificate, provided that specific legislation20 so provides) and subject to the conditions laid down by this specific legislation.

(6) Plant growers or producers of plant products or other objects may, during their cultivation or production, request the Institute to assess their health in relation to the anticipated export to a third country. The outcome of the assessment may be used to verify the compliance of the specified plants, plant products or other objects with the phytosanitary import requirements of the third country concerned pursuant to paragraph 1.

(7) The carrier of the exported consignment shall ensure that it is transported in such a way that the consignment cannot be contaminated by harmful organisms or, where appropriate, spread of harmful organisms from it.

§ 29

Pre-export certificate

(1) The application for the issue of a pre-export certificate, in addition to the general requirements of the application under the administrative rules, contains information on the type and quantity of the plants, plant products and other objects concerned and the specification of the specific phytosanitary requirements referred to in Article 102 (2) of Regulation (EU) 2016 / 2031.

(2) The Institute shall issue a pre-export certificate in the form of a document if it verifies the conformity of the plants, plant products or other objects concerned with the specific phytosanitary requirements referred to in paragraph 1. The result of the health assessment carried out in accordance with Article 28 (6) may be used to certify the conformity of the plants, plant products or other objects concerned with specific phytosanitary requirements.

(3) The model of the pre-export certificate issued pursuant to paragraph 2 shall be laid down in an implementing act.

§ 30

Quarantine stations and isolation facilities

Citation	Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	31.05.2004
Effective from	31.05.2004
Effective until	-
Status	Valid

Act No. 326 / 2004 Coll.

Law on Plant Health and on the amendment of certain related laws

Contents

ČÁST PRVNÍ

HLAVA I

§ 1

§ 2

HLAVA II

§ 3

§ 4

§ 4a

§ 5

§ 6

HLAVA III

§ 8

§ 12

§ 13

§ 14

§ 15

§ 16

§ 21

§ 22

§ 25

§ 25a

§ 26

§ 28

§ 29

§ 30

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