Decree No. 327 / 2004 Coll.
Decree on the protection of bees, game, aquatic organisms and other non-target organisms from the use of plant protection products
Valid
Order
Effective from 31.05.2004
Text versions:
30.01.2012
31.05.2004
327
DECLARATION
of 30 April 2004
on the protection of bees, game, aquatic organisms and other non-target organisms from the use of plant protection products
According to § 88 (1) (d) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws ("the Act '), the Ministry of Agriculture provides for the implementation of § 51 (3), (4) and (8) of the Act:
Subject matter
This decree provides
(a) details of the protection of bees, (1) game, (2) aquatic organisms and certain other non-target organisms in the use of plant protection products (hereinafter referred to as "products"),
(b) the method of sampling for the purpose of examining the cause of death of bees, (1) the game (2) and fish as a result of the use of preparations (hereinafter referred to as the method of sampling).
Terms
For the purposes of this decree:
(a) grassland - plant society on land,
(b) the crops visited by apees1) -
1. forest crops (3) with trees and bushes of forest trees which bloom or contain mead or extracurricular nectar;
2. grassland on an outdoor parcel outside the forest area, (3) on which more than two flowering plants, including flowering weeds, visited by bees are on average per square metre at the time of treatment, (1), or in the event of the presence of mead or non-flowering nectar,
(c) mead - sweet liquid which is secreted on the surface of plants by certain insects and foreign fungi,
(d) non-floral nectar - sweet liquid which is secreted by certain plants on riveting leaves, leaves or palms,
(e) belief (2) - wild game species on land, excluding fields, (2) pheasant (2) and farmed game (1)
(f) certain other non-target organisms -
1. wild non-target terrestrial arthropods other than bees 1) ("non-target arthropods"),
2. non-target species and groups of species of organisms that live permanently in the soil (soil organisms),
3. Specially protected plants and animals subject to specific legislation, 4)
4. wild birds outside animals in ecosystems, (4) where preparations are applied,
(g) aquatic organisms - wildlife (4) and wild plants (4) which are exclusively dependent on the aquatic environment by life.
Details for the protection of bees, game, aquatic organisms and other non-target organisms
(Paragraph 51 (3) and (8) of the Act)
Protection of bees
(1) A product which, according to the Decision on its authorisation (Section 34 of the Act), is described as particularly dangerous to bees (1) (hereinafter "particularly dangerous to bees") must not be applied:
(a) to a crop visited by bees, 1)
(b) trees and shrubs in bloom, in the event of the presence of mead or extra-flowernectar visiting bees (1) (hereinafter referred to as "trees and shrubs visited by bees"),
(c) by air.
(2) A preparation which, according to the decision on its authorisation, is labelled as hazardous to bees (1) (hereinafter referred to as "dangerous to bees")
(a) it must not be applied when bees (1) fly;
1. on the crop visited by bees, 1)
2. to trees and bushes visited by bees, 1)
3. by air, if the conditions of § 6c are not met,
(b) may be applied after the end of the day flight of bees, 1) at the latest by the twenty-third hour of the day concerned.
(1) A particularly dangerous product for bees can only be applied at such a distance from the crops visited by bees and trees and bushes visited by bees and from the hives, which, taking into account the method of application, the mechanisation device used and the strength and direction of the wind, ensures that the applied product does not fall on them. This distance shall be maintained when the product dangerous to bees is applied when the application is carried out at the time the bees fly.
(2) Crops under trees visited by or near bees may be applied
(a) a particularly dangerous product for bees only in such a way as to exclude its introduction into flowers and parts of these trees with the presence of honey or extra-flowering nectar;
(b) a product dangerous to bees only in such a way as to exclude its introduction into flowers and parts of such trees with the presence of mead or extra-floral nectar at the time when bees fly.
(3) The application of the product together with another product or substance, without this joint application being recommended in the instructions for use of the product, is considered to be dangerous for bees under Section 51 (1) (a) of the Act. This joint application shall apply to measures such as the application of a product particularly dangerous to bees, if it is used for the use of a product dangerous to bees, or the application of a product dangerous to bees, if it is not used alone.
(4) Another measure for the protection of bees (1) is compliance with the safety guidelines for environmental protection (5), expressed by standard sentences under a specific legislation, (6) and with the information which the product is labelled under the decision on its authorisation.
(5) If there is a risk of affecting the crops visited by bees, flying bees or bee habitats in the application of biocidal products or substances used in accordance with specific legislation, (7) for example in the control of mosquitoes where such products or substances may harm bees, these are circumstances in which the use of such products or substances is dangerous. The protection of bees in the use of these products and substances is governed by the provisions of Section 51 of the Act and this Decree.
The average number of flowering plants in the crop, including flowering weeds, to assess whether the crop is visited by bees [§ 2 (b) (2)] shall be recorded in strips evenly spread, 1 m wide and 100 m long; in areas up to 10 ha in five places, in areas 10 ha and more in 10 places. If there are significant differences in the flowering of parts of the crop, each part shall be assessed separately.
(1) A legal or natural person who is a bee farmer (1) (hereinafter referred to as "bee keeper") notifies in writing to the competent local authority each year by the end of February the location of permanent hives.
(2) The relocation of hives, including nomadic hives, shall be notified in writing to the municipality no later than five days before their transfer.
(3) If not located in the built-up part of the municipality, the hives shall be marked by the location of a yellow equilateral triangle with a side length of 1m in a horizontal position.
Notification of the bee breeder to place permanent or transitional posts
The notification of a bee breeder for the location of permanent or transitional hives shall include:
(a) identification of the breeder
1. the name and, where applicable, the names and surnames, address of residence, date of birth or identification number, if assigned, if any, if it is for a natural person; or
2. the business name, registered office and identification number, if any, if it is a legal person;
(b) identification of the location of the hives
1. land marked with a parcustoms number, a municipality, a cadastral territory;
2. an enclosed simple situation sketch with a habitat designation; and
(c) in the case of transitional habitats, the estimated duration of the location.
Notification of rodent control application (rodenticides)
The notification of rodent control (rodenticides) application includes:
(a) identification of the grower
1. the name and, where applicable, the names and surnames, address of residence, date of birth or identification number, if assigned, if any, if it is for a natural person; or
2. the business name, registered office and identification number, if any, if it is a legal person;
(b) information on the product
1. trade name,
2. the lot number,
3. Quantity of preparation,
4. the purpose of the application; and
(c) identification of the injection site
1. land marked with a parcustoms number, municipalities, cadastral territory, area in hectares, type of crop; and
Day 2 and time of application.
Notification of application of the product to the bee breeders concerned and to the local competent municipal authority
The notification of the application of the product to the bee breeders concerned and to the local competent municipal authority shall include:
(a) identification of the grower
1. the name and, where applicable, the names and surnames, address of residence, date of birth or identification number, if assigned, if any, if it is for a natural person; or
2. the business name, registered office and identification number, if any, if it is a legal person;
(b) information on the product
1. trade name,
2. the application dose,
Day 3 and time of administration, and
(c) identification of the injection site
1. land identified by a parcustoms number, municipalities, cadastral territory, area in hectares, type of crop; or
2. in the case of forest land, by the spatial division of the forest unit.
Aerial application of the product and announcement of its start date
The starting date of the air application of the product is announced by the municipal authority without undue delay upon receipt of the notification pursuant to § 51 (7) of the Act.
Protection of game and other terrestrial vertebrates
A preparation which, according to the decision on its authorisation, is identified as dangerous or particularly dangerous for terrestrial vertebrates shall not be applied
(a) in the field, (2) pheasants (2) and farmed animals (2)
(b) at a distance from the places referred to in point (a) where the product and the mechanisation device intended for its application are likely to fall on it at the force and direction of the wind.
Animal protection measures (2) in the use of a product identified as dangerous or particularly dangerous to terrestrial vertebrate animals (the "vertebrate product ') are:
(a) the removal of animals (2) from the land to be treated immediately prior to the use of this product if the game is at risk by this treatment;
(b) preventing the access of animals (2) to the treated parcel by appropriate technical means, such as venison scaffolds (2) or electrical bays, for at least the duration of application of the product;
(c) use of the product in a way that prevents direct contact of the game (2) with the product being administered; or
(d) the exclusion of the use of this preparation on hunting grounds in recognised hunting grounds or parts thereof marked by the user of the hunt, at the time when the chicks are hatched or nesting with feathered game eggs. 2)
Details of the use of products to control harmful vertebrates
(Paragraph 49 (2) of the Law)
The preparation may be used to control harmful vertebrates if:
(a) the population of the harmful species is situated in the growth phase before its peak (programming), where there is already a risk of serious damage to cultivated plants, including forest or plant products, as a result of the overgrowth of the harmful species; and
(b) measures are taken to reduce the risk of the product to non-target animals.
Protection of aquatic organisms and certain other non-target organisms
The protection of aquatic organisms and certain other non-target organisms in the use of the product shall be governed by standard sentences under specific legislation, 9) expressing safety guidelines for the protection of the environment and information on the risks identified by the product under the authorisation decision. Without prejudice to the provisions of specific legislation on the protection of plants and animals specially protected. (4)
Method of sampling for the investigation of the causes of death of bees, game and fish
(Paragraph 51 (6) of the Law)
(1) For testing the cause of death of bees (1), a sample of dead bees of at least 500 individuals and a sample of treated crops weighing at least 200 grams shall be taken. The samples shall be marked and packed in breathable solid packaging and delivered to the expert institute for analysis no later than 72 hours after the crop treatment.
(2) A sample of fish freshly dead or of fish with signs of poisoning is taken in tanks with a single-ring assembly of 5 to 20 pieces, depending on the weight and circumstances of the mortality. 3 to 5 pieces of species most frequently occurring between fish with signs of poisoning or dead fish are collected in tanks with multispecies and running waters. At the same time, samples of contaminated water of 4 litres and sediments of 2 kg bottom are always taken.
(3) A sample of animals (2) for testing is a body of dead animals (2) or animals (2) with signs of poisoning, or only body tissue, body fluid or animal discharge (2), in the amount required for the examination, as determined by the competent authority of the State Veterinary Administration.
Transitional provisions
(1) For products which have been put into circulation before the entry into force of this Order, their labelling is to ensure the protection of bees, (1) game, (2) fish and other aquatic organisms under existing legislation until the end of the period of application of those products on their packaging.
(2) By labelling according to existing legislation
(a) "toxic bee preparation" means the designation "particularly dangerous to bees";
(b) "harmful bee preparation" means the designation "dangerous bee preparation,"
(c) "relatively harmless to bees" means that "the preparation is not particularly dangerous to bees" or "Dangerous to bees,"
(d) "Toxic to animals" means "dangerous to terrestrial vertebrates."
(3) For the protection of bees (1), for the use of products identified as referred to in (a) to (c) in paragraph 2 and for the protection of animals (2), for the use of products identified as referred to in (d) in paragraph 2, the relevant provisions of the Decree apply mutatis mutandis.
Repeal
Decree No. 90 / 2002 Coll., laying down measures to ensure the protection of bees, game and fish when using plant protection products, is hereby repealed.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Palas v. r.
1) Act No. 166 / 1999 Coll., on Veterinary Care and Change of Related Laws (Veterinary Act), as amended by Act No. 29 / 2000 Coll., Act No. 154 / 2000 Coll., Act No. 102 / 2001 Coll., Act No. 76 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 131 / 2003 Coll.
2) Act No. 449 / 2001 Coll., on hunting, as amended by Act No. 320 / 2002 Coll. and Act No. 59 / 2003 Coll.
3) Act No. 289 / 1995 Coll., on Forests and amending and supplementing certain laws (Forest Act), as amended by Act No. 238 / 1999 Coll., Act No. 67 / 2000 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll., Act No. 320 / 2002 Coll. and Act No. 149 / 2003 Coll.
4) Act No. 114 / 1992 Coll., on Nature Protection and Landscape Protection, as amended by Act No. 347 / 1992 Coll., Act No. 289 / 1995 Coll., Act No. 3 / 1997 Coll., Act No. 16 / 1997 Coll., Act No. 123 / 1998 Coll., Act No. 161 / 1999 Coll., Act No. 238 / 1999 Coll., Act No. 132 / 2000 Coll., Act No. 76 / 2002 Coll. and Act No. 320 / 2002 Coll.
5) Paragraph 2 (2) (o) of Act No. 326 / 2004 Coll., on Plant Health and on the amendment of certain related laws.
6) Decree No. 329 / 2004 Coll., on preparations and other plant protection products. Commission Directive 2003 / 82 / EC of 11 September 2003 supplementing Council Directive 91 / 414 / EEC with the standard phrases for specific risks and safety guidelines for plant protection products.
7) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the Amendment of Certain Related Acts, as amended by Act No. 254 / 2001 Coll., Act No. 274 / 2001 Coll., Act No. 13 / 2002 Coll., Act No. 76 / 2002 Coll., Act No. 86 / 2002 Coll., Act No. 120 / 2002 Coll., Act No. 309 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll. and Act No. 356 / 2003 Coll. Act No. 120 / 2002 Coll., on the conditions for placing biocidal products and active substances on the market and amending certain related acts.
8) § 33 paragraph 1 of Act No. 326 / 2004 Coll.
9) Act No. 356 / 2003 Coll., on Chemicals and Chemicals and the amendment of certain laws. Decree No. 329 / 2004 Coll.
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Regulation Information
| Citation | Decree No. 327 / 2004 Coll., on the protection of bees, game, aquatic organisms and other non-target organisms in use of plant protection products |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.05.2004 |
|---|---|
| Effective from | 31.05.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
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