Decree No. 327 / 2012 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 01.11.2012
327
DECLARATION
of 21 September 2012
on the protection of bees, game, aquatic organisms and other non-target organisms from the use of plant protection products
The Ministry of Agriculture provides pursuant to § 88 (1) (d) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 199 / 2012 Coll., (hereinafter referred to as "the Act '):
Subject matter
This decree provides
(a) details of the protection of bees, game, aquatic organisms and other non-target organisms when using plant protection products;
(b) the method of sampling for the purpose of examining the cause of death of bees, game and fish, which may be the use of preparations ("sampling method").
Terms
For the purposes of this decree:
(a) by growing visited bees
1. forest vegetation with trees and bushes of forest trees which bloom or contain honey trees or extracurricular nectar;
2. grassland on an outdoor land outside the forest area on which more than two flowering plants, including flowering weeds, visited by bees, are on average on one square metre at the time of treatment;
(b) honey sweet liquid which is secreted on the surface of plants by certain insects and foreign fungi;
(c) non-flowering nectar sweet liquid which is secreted by certain plants on riveting leaves, leaves or palms;
(d) wild game species on land, excluding fields, pheasants and farmed game;
(e) other non-target organisms
1. non-target terrestrial arthropods outside bees ("non-target arthropods"),
2. non-target organisms that live permanently in the soil;
3. non-target plants outside aquatic organisms;
4. non-target terrestrial vertebrate animals outside the game;
(f) aquatic organisms (1) and plants (1) which are exclusively dependent on the aquatic environment by life;
(g) a sloping plot of the plot with a gradient of 3 ° or more, bound towards the surface water; part of the plot shall not be considered to be contiguous if it is separated from the surface water by an area of more than 25 m which does not tend to exceed 3 ° towards the surface water.
Details for the protection of bees
[Paragraph 51 (3), (4), (8) (c) of the Law]
A product designated as particularly dangerous to bees under the Decision on its authorisation shall not be applied:
(a) to a crop visited by bees,
(b) trees and bushes in bloom, in the event of the presence of mead or extra-flowering nectar visiting bees (hereinafter "trees and bushes visited by bees").
A product which, according to the decision on its authorisation, is labelled as dangerous to bees may be applied to a crop visited by bees only after the end of the daily flight of bees no later than the twenty-third hour of the day concerned. The daily bee flight is over an hour after sunset. Before the end of the day flight of bees, the product may be applied, according to the first sentence, to crops visited by bees only after the air temperature has dropped and remains below 12 ° C.
(1) A product which, according to the decision on its authorisation, is identified as particularly dangerous for bees, or a product which, according to the decision on its authorisation, is classified as dangerous for bees, may only be applied at such a distance from:
(a) crops visited by bees,
(b) trees and bushes visited by bees;
(c) flowering trees and shrubs,
(d) parts of trees with the presence of mead or extra-flowering nectar; and
(e) hives,
which, having regard to the method of application of the product, the mechanisation device used and the force and direction of the wind, ensures that the applied product does not fall on it. This shall apply mutatis mutandis to sowing seed or planting seed treated with a preparation which, according to the decision on its authorisation, is identified as dangerous or particularly dangerous to bees.
(2) Where 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 under other legislation2) where such products or substances may harm bees, these are circumstances in which the use of such products or substances is dangerous.
If a product, mixture or mixture of a product with an auxiliary product or a fertiliser is administered, a minimum interval of 12 hours shall be observed between two applications; This is without prejudice to the provisions of Sections 3, 4 and 5 (1). A minimum interval of 12 hours between two applications may not be observed if only a product is administered which, according to the decision on its authorisation, is not identified as dangerous or particularly dangerous to bees.
The average number of flowering plants in the crop, including flowering weeds, to assess whether the crop is visited by bees, 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.
Notification of the bee breeder to place permanent or transitional posts
Notification of application of rodent control (rodenticides) to the authorised user of the hunt and institute
[K § 51 (8) (b) of the Act]
The notification 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) the identification of the owner of the land within the scope of point (a), unless the nursemaid is identical to the owner of the land;
(c) the name and, where appropriate, the names and surnames of the natural person receiving the notification of any mortality of the game and acting on behalf of the person referred to in (a), the telephone number and, where appropriate, any other means of contact;
(d) the trade name of the preparation,
1. the lot number,
2. the anticipated dose and total quantity of the product and the route of administration,
(e) identification of the site of application of the preparation - land marked with the soil block part identification number in the register of use of agricultural land according to user relations or parcustoms number, name of municipality, name of cadastral territory, district, area in hectares, type of crop; and
(f) the expected date of application of the product in the format of the day, month, year and, where applicable, the period during which the product is to be applied, the date of initiation of the application and the date of termination of the application.
Protection of aquatic organisms, game and other non-target organisms
[Paragraph 51 (8) (c) of the Law]
(1) The protection of game and non-target terrestrial vertebrate animals outside animals in the use of the preparation is governed by the standardised phrases and indications on the label, in the Constitution Regulation on the extension of authorisations to minor uses or in the Constitution Regulation issued in the event of plant protection emergencies expressing safety guidelines and information on the risks to be met during use.
(2) For the application of the preparation in the form of granules for rodent (rodenticides) and for the control of slugs and snails (moluscocides), provision must be made for:
(a) the application of the product in such a way as to avoid the formation of clumps or piles of granules on the soil surface; and
(b) the immediate removal of the preparation from the soil surface, or the overlay of the soil layer, in the event of its spillage or non-compliance with the requirement referred to in (a).
(1) The protection of aquatic organisms and other non-target organisms referred to in points (1) to (3) of Article 2 (f) of Directive 91 / 414 / EEC shall be governed, when using the product, by the standardised phrases and indications on the label, in the Constitution Regulation extending the authorisation to minor uses or in the Constitution Regulation issued in the case of emergency plant protection conditions expressing safety instructions and information on the risks to be observed during use.
(2) The protective distances indicated on the label of the product, in the Constitution Regulation extending the authorisation to minor uses or in the Constitution Regulation issued in the event of emergency plant protection conditions with regard to the protection of non-target arthropods or non-target plants need not be respected if the retention of the untreated area of the parcel could increase the risks associated with the interests protected by the law, in particular the risk of increasing the presence of the target harmful organism, which could lead to the need for repeated treatment with the product.
(3) The protective distances indicated on the product label, in the Constitution Regulation extending authorisations to minor uses or in the Constitution Regulation issued in the event of emergency plant protection conditions with regard to the protection of non-target arthropods or non-target plants need no longer be observed from the edge of the parcel adjacent to the
(a) other agricultural parcels, including agricultural meadows or pastures, which are not land managed according to the principles of organic farming or land which is part of a protected area under another legislation (1);
(b) building land;
(c) the water surface, without prejudice to paragraph 1;
(d) communication;
(e) the belt of the land which separates it from the road, the express road and the motorway; or
(f) forest land.
(4) The protective distance indicated on the label of the product, in the Constitution Regulation extending the authorisation to minor uses or in the Constitution Regulation issued in the event of exceptional plant protection conditions with regard to the protection of aquatic organisms, the protection of non-target arthropods or non-target plants may be shortened by the use of a device for the application of products that restrict the adverse effect which is maintained and published by the Institute pursuant to Article 62 (2) of the Act. Shortening is not possible if it is excluded from the product label, in the Constitution Regulation on the extension of authorisations to minor uses or in the Constitution Regulation on plant protection emergencies.
(5) The protective distance for the protection of aquatic organisms is derived from the shore line in both standing and flowing waters (3).
(6) Where the product label, the Constitution Regulation on the extension of authorisation to minor uses or the Constitution Regulation issued in the event of plant protection emergencies indicates a protective distance from surface water in case of application on narrow land, this distance may not be shortened by the use of a device for the application of products that reduce unwanted drift.
(7) Compliance with the protection distances indicated on the product label, in the Constitution Regulation on the extension of authorisations to minor uses or in the Constitution Regulation on emergency plant protection conditions with regard to the protection of non-target arthropods or non-target plants shall not be required for permanent crops, in particular orchards, vineyards and hops, provided that the outermost series are treated only from the outside in the field using a device for the application of undesirable-use-limiting products, which is maintained and published by the Institute pursuant to Section 62 (2) of the Act.
Method of sampling for the investigation of the causes of death of bees, game and fish
(Paragraph 51 (6) of the Law)
(1) In order to investigate the cause of the death of bees, the Regional Veterinary Administration takes a sample of dead bees of at least 500 individuals and the Institute takes a sample of plants from treated crops weighing at least 200 grams. The samples shall be marked and packed in breathable solid packaging and immediately moved for storage at -18 ° C and below until the same State Institute for Veterinary Laboratory Diagnostics has been delivered to perform the analysis.
(2) A sample of fish freshly dead or of fish showing signs of poisoning is taken by the county veterinary administration in tanks with a single-ring assembly of 5 to 20 pieces, depending on the weight and circumstances of the mortality. In multi-species tanks and running waters, the Regional Veterinary Administration collects 3 to 5 pieces from species most frequently occurring between fish with symptoms of poisoning or dead fish. At the same time, the Regional Veterinary Administration shall take samples of contaminated water in a quantity of 4 litres or, where appropriate, sediments of 2 kg bottom. The Institute shall take a sample of plants from treated crops of at least 200 grams or a sample of soil from treated parcels of at least 500 grams, in cases of fish mortality in tanks. Samples taken by the Regional Veterinary Administration and the Institute shall be marked and packed in solid packaging and immediately moved for storage at -18 ° C and below, except for soil, until delivery to the same State Institute for Veterinary Laboratory Diagnostics for analysis.
(3) A sample of the animal to be tested shall be the body of the dead game or game with symptoms of poisoning, or, where appropriate, only body tissue, body fluid or animal waste in the amount necessary for the examination as determined by the Regional Veterinary Administration.
Transitional provisions
(1) 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 for bees" means that "The preparation does not require classification from the point of view of bee protection,"
(d) "Toxic to animals" means "dangerous to terrestrial vertebrates."
(2) For products not covered by paragraph 1 which have been put into circulation before the date of entry into force of this Decree, their labelling is to ensure the protection of bees, game, fish and other aquatic organisms until the expiry of the period of application of those products on their packaging.
Repeal
The following shall be deleted:
1. Decree No. 327 / 2004 Coll., on the protection of bees, game, aquatic organisms and other non-target organisms for use in plant protection products.
2. Decree No. 33 / 2012 Coll., amending Decree No. 327 / 2004 Coll., on the protection of bees, game, aquatic organisms and other non-target organisms in use of plant protection products.
Efficacy
This Decree shall take effect on 1 November 2012.
Minister:
Ing. Bendl v. r.
1) Act No. 114 / 1992 Coll., on the Conservation of Nature and Landscape, as amended.
2) Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Act No. 120 / 2002 Coll., on the conditions for placing biocidal products and active substances on the market and amending certain related acts, as amended.
3) Article 44 of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree No. 327 / 2012 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 | 03.10.2012 |
|---|---|
| Effective from | 01.11.2012 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Administrative law
Environment
The regulation text is for informational purposes only.
Comments 0