Act No. 369 / 2019 Coll.
Act amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended, and other related laws
Valid
Law
Effective from 15.01.2020
Zobrazeno prvních 200 z celkem 624 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
369
THE LAW
of 17 December 2019
amending Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Plant Health Act
Act No. 326 / 2004 Coll., on Phytosanitary Care, and on the amendment of certain related laws, 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. 245 / 2011 Coll., Act No. 183 / 2012 Coll., Act No. 199 / 2012 Coll., Act No. 503 / 2012 Coll., Act No. 279 / 2013 Coll., Act No. 243 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 193 / 2017 Coll., Act No. 99 / 2017 Coll., Act No. 99 / 2017 Coll.
1. In Paragraph 1 (1) of the Introductory Part of the provision, the words "the relevant European UnionRegulations (1) 'are replaced by the words" the relevant European UnionRegulation (1)'.
Footnote 1:
"(1) Directive 2009 / 128 / EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for Community action to achieve the sustainable use of pesticides, as amended by Regulation (EU) No 652 / 2014 of the European Parliament and of the Council. ';
2. In Paragraph 1 (1) of the Introductory Part of the provision, the words "directly applicable European Union67) 'are replaced by the words" directly applicable European Union67), 103)'.
footnotes 67 and 103 read:
"67) 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, as amended.
(103) Regulation (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 / 464 / EEC, 74 / 647 / EEC, 93 / 85 / EEC, 98 / 57 / EC, 2000 / 29 / EC, 2006 / 91 / EC and 2007 / 33 / EC, as amended. 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 to ensure the application of food and feed law and rules relating to animal health and animal welfare, plant health and plant protection products, amending Regulations (EC) No 999 / 2001, (EC) No 396 / 2005, (EC) No 1069 / 2009, (EC) No 1107 / 2009, (EU) No 1151 / 2012, (EU) No 652 / 2014, (EU) 2016 / 429 / EC and (EU) 2016 / 2031, Council Regulation (EC) No 1 / 2005 and (EC) No 1099 / 2009 and Council Directives 98 / 58 / EC, 1999 / 74 / EC, 2007 / 43 / EC, 2008 / 119 / EC and 2008 / 120 / EC and repealing Regulation (EC).
3. In Article 1 (1) (f), the words "plant protection devices (" plant protection devices') 'are replaced by the words "equipment for the application of preparations'.
4. In Article 1 (2), the words "professional plant health activities and professional competence requirements in their performance 'are replaced by" professional competence requirements in the performance of professional plant health activities'.
5. in Article 2 (1), points (a) to (h), including footnote 1a, are deleted;
Points (i) to (z) shall be renumbered as points (a) to (r).
6. in Article 2 (1) (a):
"(a) harmful 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 / 464 / 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-parasitic plants harmful to plants or plant products, ";
7. in Article 2 (1), the following point (b) is inserted after point (a):
"(b) plants, plant products and other objects of plants, plant products and other objects within the meaning of Regulation (EU) 2016 / 2031,";
Points (b) to (r) shall be renumbered (c) to (s).
8. in Paragraph 2 (1), points (g) to (p) are deleted;
Points (q) to (s) shall be renumbered as points (g) to (i).
9. in Article 2 (2), points (a) to (c), (e), (f) and (j) to (o), including footnotes 4c, 4d and 68 shall be deleted;
Points (d), (g) to (i) and (p) to (v) shall be renumbered as points (a) to (j).
10. in Article 2 (2) (g), the words "plant protection" and the words "technical devices for the control of harmful organisms" shall be inserted after the words "equipment for the treatment or labelling of wood packaging material, wood or other objects."
11. At the end of footnote No 69, the words "Article 2 of Regulation (EU) No 1143 / 2014 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 / 464 / EEC, 74 / 647 / EEC, 93 / 85 / EEC, 98 / 57 / EC, 2000 / 29 / EC, 2006 / 91 / EC and 2007 / 33 / EC, as amended, Article 3 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 to ensure the application of food and animal health and animal welfare rules,
12. in Article 3 (1) (a), the words "including weeds" shall be deleted;
13. in Article 3 (1) (b), the words "mechanising agents" shall be replaced by the words "equipment for the application of preparations" and the words "and Regulation (EC) No 1107 / 2009 shall be inserted after the word" law. "
14. in Article 3 (2), the word "legal" shall be deleted;
15.
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 up-to-date information on the occurrence of harmful organisms, including warnings of the risk of reaching the harmful organism threshold and the risk of plant protection associated with plant diseases; 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 by means of 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. "
16. in Article 5 (4), the introductory part of the provision reads: "Institute."
17. in Article 5 (4), points (a) to (c) are deleted;
Points (d) to (f) shall be renumbered as points (a) to (c).
18. In Section 6, the words "and other details' are deleted.
19. In Article 6, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(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. ';
20. The heading above the sign § 7 is deleted.
21.
22.
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. ';
23. Sections 9 to 11 shall be deleted, including the headings and footnotes 9 and 10.
24. § 12, including the title reads:
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. ';
footnote 71 is deleted.
25. Sections 13 to 16, including the headings, read:
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
(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.
(1) The Institute shall, at the request of a professional operator, issue a plant passport or a replacement 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.
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 aim at the up-to-date nature of the measures provided for in that plan and their implementation. ';
Article 26 (17) to (20) shall be deleted, including the headings.
footnote 12 is deleted, including the footnote references.
27. Article 21, including the title:
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 by derogation pursuant to 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 introduction into the territory of the European Union (" Regulation (EU) No 1143 / 2014'), or the conditions laid down for entry into the territory of 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 the consignment in the territory of the European Union or part thereof. '.
28.
(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. ';
footnotes 16 and 17a to 17c are deleted.
Article 29 (23) and (24) shall be deleted, including the headings and footnotes 2.
30. Paragraph 25, including the title, reads:
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 operator of the border inspection post shall be responsible for the safe disposal of the contents of the containers under the supervision of the Institute. ';
footnote 18 is deleted.
31. Paragraph 25a, including the title, reads:
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. ';
32. § 25b, including the title reads:
Procedure for referring a consignment or lot to an approved place of identity check and physical check and the procedure for carrying out the check at that place
(1) The Institute may, in whole or in part, carry out an identity and physical check at a place approved in accordance with Paragraph 25a (1), on the basis of the opinion of the Office of the border inspection post, by agreeing to refer the consignment or lot to that place for identity and physical inspection.
(2) If a consignment or lots are to be sent for identity and physical checks from a border inspection post on the territory of the Czech Republic to another place, the Institute shall issue a phytosanitary movement document at the border inspection post for that consignment or lot.
(3) Identity check and physical check of the consignment or lot may be carried out at a place approved in accordance with Article 25a (1) if the requirements concerning the transport of the consignment or lot to and storage at the approved place and where the consignment is accompanied by a phytosanitary movement document issued by the Office of the border inspection post and certified by an importer under the supervision of that office.
(4) Where identity checks and physical checks of the consignment or lot are to be carried out at an approved place in accordance with Section 25a (1), they may be carried only to a place approved in advance for that consignment or lot. Any change of location shall be agreed by the authority of the border inspection post which decided on the original approved place, the competent newly requested place of inspection and the customs office of destination, before the start of the identity and physical checks.
(5) The Institute ensures the exchange of consignment or lot data, including the way in which they are transported and packaged, between the competent authority of the border inspection post, the authority of the approved place and the customs authorities, and otherwise cooperate with them.
(6) The implementing act shall lay down the particulars of the plant health document for the movement of the consignment, the method of its confirmation by the importer and the requirements relating to the transport of the consignment or lot to and storage at the approved place. ';
33. Paragraph 25b is deleted, including the title.
Article 34 (26), including the title, reads:
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 fulfilment shall be borne by the person to whom these measures have been imposed. ';
footnote 14 is deleted.
Article 35 (27), including the title, shall be deleted.
36. Paragraph 28, including the title, reads:
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. ';
37. The heading above the designation § 29 is deleted.
38. Sections 29 and 30, including the headings, read:
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.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 369 / 2019 Coll., amending Act No. 326 / 2004 Coll., on Plant Health and on the Amendment of Certain Related Acts, as amended, and other Related Acts |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.12.2019 |
|---|---|
| Effective from | 15.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0