Decree No. 35 / 1978 Coll.
Decree of the Federal Ministry of Agriculture and Nutrition amending and supplementing Decree of the Ministry of Agriculture, Forestry and Aquaculture No. 37 / 1963 Coll., on the protection of bees, water and fish in pest control by chemical means
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Effective from 13.04.1978
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35.
DECLARATION
Federal Ministry of Agriculture and Nutrition
of 23 March 1978
amending and supplementing Decree No 37 / 1963 of the Ministry of Agriculture, Forestry and Aquaculture Coll., on the protection of bees, waters and fish during pest control by chemical means
The Federal Ministry of Agriculture and Nutrition, in agreement with the Ministry of Agriculture and Nutrition of the Czech Socialist Republic and the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic and other participating central authorities, provides pursuant to § 27 (3) and § 39 of Act No. 61 / 1964 Coll., on the development of plant production:
Decree of the Ministry of Agriculture, Forestry and Water Management No 37 / 1963 Coll., on the protection of bees, waters and fish during pest control by chemical means, is amended as follows:
1. The title of the Decree is amended and read: "on the protection of bees, fish and game during pest control by plant protection products'.
2.
Preliminary provisions
This decree provides for the protection of bees, fish and game in the control of diseases and pest control, unwanted plants, in particular weeds, roar and water flower and difficult insects (hereinafter referred to as pest control) in the treatment of agricultural, forest and other crops, trees and shrubs and surface water plant protection products (1) '.
3. Paragraph 2 (2) to (4) reads as follows:
"(2) The list of agricultural crops, trees and shrubs visited at the time of flowering by bees is set out in Annex 1.
(3) Crops shall be considered flowering if they are on one square metre at the time of treatment on average more than two flowering plants, including flowering weeds (Annex 2), visited by bees; the average number of flowering plants in the crop is recorded in strips 1 m wide and 100 m long, in areas up to 10 ha in five places, in areas above 10 ha in 10 places. If there are significant differences in flowering of a part of the crop, this part shall be assessed separately. Blossoming crops shall also be considered as flowering crops of beans and rapeseed visited by bees in the presence of mead (Annex 1).
(4) The flowering trees and shrubs shall also be considered as flowering trees and shrubs visited by bees in the presence of mead (Annex 1). '
4.
The control of pests with toxic preparations must not be carried out
(a) on flowering crops visited by bees with the exception of peas;
(b) on flowering trees and bushes visited by bees,
(c) on flowering pea crops when bees fly;
(d) from an aircraft on land through which a mass flight of bees takes place, from the ground traceable by hearing and sight, to the source of the collection. ';
5. in Article 4 (a), the words "including peas and peas" shall be replaced by the words "including peas';
6. § 7 is deleted.
7. In the first sentence of paragraph 8, in the first sentence of paragraph 1, the words "Czechoslovak Beekeeper Association 'are replaced by the words" Czech Beekeeper Association or Slovak Beekeeper Association'; in the second sentence, the words "10 days' are replaced by the words" 5 days' and at the end of the paragraph the following sentence is added: "Beekeeper shall be required to notify the local national committee without delay of the bulk flight of bees, from the country of the hearing and the sight of the observable, behind the source of the collection indicating its runway. '.
8. In Section 9, the following words are added at the end of the sentence: "and on the bulk flight of bees. 'and the following sentence is added:" In the course of the aerial treatment of the crops, the data referred to in the first sentence is provided by the buyer of the air works.'
9.
(1) If the bee breeder finds that the pest control has caused the death of bees, he shall notify the local national committee without delay. At the invitation of the local national committee, a bee breeder (or an authorised representative), a land user, a nursemaid, an expert at the Central Control and Testing Institute of Agriculture, representatives of the county veterinary establishment, the county agricultural administration and the basic organisation of the Czech apiculture association or Slovak apiculture union shall be required to attend the inquiry. A representative of a county veterinary establishment shall record the outcome of the investigation and transmit it to the local national committee. The county veterinary establishment shall send a copy of the alert to the professional institution.2) To record in case of doubt as to the cause of death in connection with the use of plant protection products, the district veterinary establishment shall attach a sample of fallen bees weighing about 60 grams, i.e. about 500 head, and a sample of treated crops of at least 200 grams to examine the cause of death of bees. The samples shall be properly labelled and packed in breathable solid packaging and delivered to the expert institute no later than 72 hours after treatment of the crops. The expert institute shall report on the laboratory examination to the county veterinary establishment which shall inform the bee breeders of the outcome of the investigation.
(2) The bee breeder and the farmer of the land and the nurseries shall be obliged to provide the necessary assistance to the county veterinary establishment. "
10. Article 12 (1) reads as follows:
"(1) In exceptional and duly justified cases where the crops may be expected to suffer significantly higher damage than possible bee mortality, a local national committee (3) may authorise an exemption from the provisions of Sections 3 and 4, at the request of the user of the parcels to be treated, or at the request of another authority (e.g. district farm administration), and agree to carry out pest control with toxic or harmful products on flowering crops, trees and bushes visited by bees, even at the time the bees fly; the authorisation shall be notified without delay to the local national committees of neighbouring municipalities. The local national committee shall inform the bee breeders and land users of the exemption no later than 24 hours before pest control and discuss with them the available measures to protect bees which are bee breeders and land users are obliged to do. ';
11. in Article 12 (2), at the beginning, the words "if to" shall be replaced by the words "if at," the sentence shall be deleted after the words "keepers of bees." and the rest of the sentence shall be deleted; at the end of the paragraph, the following sentence is added: "If the contribution has not been granted or the damage caused by it has not been reimbursed, it shall be obliged to pay the damage to the bee farmers or, where appropriate, part thereof, to the user of the land on which the treatment was carried out. ';
12.
"Protection of fish, natural medical resources and sources of table mineral waters
(1) From the point of view of fish protection, all plant protection products not authorised for pest control in surface water.1)
(2) In protection zones of first degree around natural medicinal and mineral water sources of table water, as well as in the narrower provisional protection zones for those sources, pest control may be carried out only with the consent of the Inspection Authority. 5)
(3) pest control may be carried out only at a distance from the protection zones referred to in paragraph 2 which, in the manner of pest control, the type of mechanisation device, the force and direction of wind and the gradient of terrain, ensures that plant protection products do not fall into those protection zones.
(4) Prior to any pest control, the pest-management operator shall obtain data from the local national committee on the protection zones referred to in paragraph 2. In the course of the aerial treatment of the crops, this obligation shall be fulfilled by the buyer of the air works. ';
13.
If an organisation that manages surface waters or is responsible for the exercise of fishing law finds that fish have died as a result of pest control, it shall notify the local national committee without delay. At the invitation of the local national committee, representatives of the organisation that notified the mortality shall be required to participate in the inquiry, the county veterinary establishment, the district agricultural administration, the water management authority, the user of the treated parcels, the nursemaid, the expert at the Central Control and Examination Institute of Agricultural and, where appropriate, the district hygienist. A representative of a county veterinary establishment shall record the outcome of the investigation and transmit it to the local national committee. The county veterinary establishment will send a copy of the entry in the Czech Socialist Republic to the State Veterinary Institute in České Budějovice, the Slovak Socialist Republic to the Central State Veterinary Institute in Bratislava. In case of doubt as to the cause of the death of fish in connection with the use of plant protection products, the district veterinary establishment shall send a copy of the record and samples of fish freshly dead or of fish with symptoms of poisoning to the State Veterinary Institute in České Budějovice, in the Slovak Socialist Republic to the Central Veterinary Institute in Bratislava. The State Veterinary Institute shall report on the laboratory examination to the county veterinary establishment, which shall inform the organisation which operates surface waters or is responsible for the exercise of the fishing right of the outcome of the investigation. The obligations of organisations and citizens arising from specific regulations shall remain intact.
14. After Paragraph 14, the following Sections 14a to 14d are inserted:
"Animal protection
Plant protection products are divided into three groups according to the degree of threat to animal health (hereinafter referred to as "game '): 1)
(a) particularly dangerous preparations;
(b) products which are dangerous;
(c) relatively harmless preparations.
(1) The nurseries shall be required to:
(a) use different products with the same effectiveness with the least animal risk;
(b) in the case of the use of dangerous and particularly dangerous products, notify the type of plant protection product at least three days in advance to the user of the hunt;
(c) in the case of the use of particularly dangerous and dangerous products at the time of the small game hunting and catching, they shall agree in advance with the relevant hunting users the measures to be taken together to protect the game.
(2) The nurseries must not:
(a) to use particularly dangerous and dangerous preparations in branches, pheasants and breeding establishments;
(b) use particularly dangerous and dangerous products at a distance of 30 m from the animal feeding plant during the period of mass feeding of game.
(3) In the course of the aerial treatment of the crops, the customer shall fulfil the obligations referred to in paragraph 1 of this Article.
The following are mandatory:
(a) to monitor in particular the health status of the game and its behaviour on areas treated with particularly dangerous and dangerous products and on surrounding areas within the 3 km zone;
(b) notify the competent users of the hunting grounds of a hunting and catching plan (indicating the time and location of the game) no later than 5 days before the event;
(c) agree in advance with the users of the hunting grounds to deploy the game feeding facilities and to notify them of the period of mass feeding;
(d) to take the necessary measures to protect the game in agreement with the user of the homestead before using dangerous and particularly dangerous products.
(1) If the user is reasonably suspected of being killed as a result of pest control, he shall immediately notify the county veterinary establishment. The county veterinary establishment, together with the user of the hunt, shall conduct an investigation in the chase with the participation of the user of the hunting grounds, the nursemaid, the expert at the Central Control and Examination Institute of the Agricultural and the representative of the district agricultural administration. The representative of the county veterinary establishment shall make a record of the outcome of the investigation. A copy of the record will be sent to the State Veterinary Institute of Jihlava. In case of doubt about the cause of death of game in connection with the use of plant protection products, county veterinary establishments shall take samples and send them locally to the competent State Veterinary Institute or to the Czech Socialist Republic to the State Veterinary Institute of Jihlava, in the Slovak Socialist Republic to the University of Veterinary Sciences in Košice. The State Veterinary Institute or the College which carried out the laboratory examination shall report it to the county veterinary establishment which shall inform the hunting operator of the result of the examination.
(2) The user of the hunting ground, together with the owner of the guest land and, where appropriate, the nursemaid, is obliged to provide the necessary assistance to the county veterinary establishment. "
15. in the first sentence of Paragraph 15 (1), the words: "The control of pests from aircraft by chemical or harmful means must be replaced by the words" The control of pests from aircraft must be carried out by the operator of the air works. "
16. Article 15 (2) reads as follows:
"(2) The operator of the air works shall make a significant picture of the hives' habitats, the route of the mass flight of bees (§ 8), the protection zones referred to in § 13 (2), the shores of water, disciplines, pheasants, breeding and animal feeding facilities during the period of mass feeding of the game to the indicative map for flights.7) '.
17. the last sentence of Paragraph 15 (3) shall be deleted.
18.
The packaging of plant protection products put into circulation by the manufacturer or importer must indicate the classification of the preparation in terms of danger to bees, fish and animals after 1.1.1980 (Sections 2, 13 and 14a). '
19. In Section 18, the words "Ministry of Agriculture, Forestry and Water Management 'are replaced by the words" Ministry of Agriculture and Nutrition of the Czech Socialist Republic or Ministry of Agriculture and Nutrition of the Slovak Socialist Republic'.
20. If the terms are used in the decree:
(a) 'chemical products' or 'products' are replaced by 'plant protection products';
(b) 'crop crops' is replaced by 'crops'.
21. Annexes 1 to 3 are replaced by the Annexes attached to this Order.
This decree shall take effect on the day of its publication.
Minister:
Ing. Nagr v. r.
Příloha č. 1
Annex No. 1 to Decree No. 35 / 1978 Coll.
List
agricultural crops, trees and bushes visited during the flowering of bees
Forage:
Bovine
White clover
Red clover
Swedish clover
Persian clover
Ligrus višenec
Lucerne
VEGETABLES
Pannonian vetch
Tartaric hake
Red-necked turtle
Peas
Field peas
Oilseeds:
Common sunflower
Rolled mustard
White mustard
Beetroot
Beetroot
Safflower
Linseed
poppy seed
Vegetables:
Courgettes
cucumber dyne
Onions
Caraway
Apricots
Fruit and berries:
Apricots
Peach
Cherries
Cherries
Plums
Mushrooms
Almond
Epididae
Pears
Little man
Blackberries
Currants
Gooseberries
Chestnut
Hazelnuts
Strawberry
Hazelnuts
Spinach:
Sugar beet
Cattle
Trees and shrubs:
Spruce
edible
Pine
Blueberries
Mushrooms
Maple
Lime
Olives
ash
beech
habr
willow
oak
birch
Algae
Topol
elm
crane
thorn
Spinach
Circle
Parsnips
Hloh
Blossoming crops shall also be considered as flowering crops of beak and rapeseed visited by bees in the presence of mead.
Trees and shrubs visited by bees in the presence of honey fruit shall also be considered flowering trees and shrubs.
Příloha 2
Annex 2 to Decree No. 35 / 1978 Coll.
List
the most occurring weeds visited during the flowering of bees
thistle *)
Common chicory
Red-necked catfish
Red-headed blackbird
Black-headed blackbird
Clear *)
Common snake
Carambolas
Head head *)
Deafworm *)
mustard *)
Eastern mountain
Hole *)
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Regulation Information
| Citation | Decree No. 35 / 1978 Coll., amending and supplementing Decree No. 37 / 1963 Coll., on the protection of bees, waters and fish in the control of plant pests by chemical means |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.04.1978 |
|---|---|
| Effective from | 13.04.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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