Decree of the Ministry of Agriculture, Forestry and Water Management No. 37 / 1963 Coll.
Decree of the Ministry of Agriculture, Forestry and Water Management on the protection of bees, fish and game during pest control
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Effective from 15.05.1963
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37.
DECLARATION
Ministry of Agriculture, Forestry and Water Management
of 5 May 1963
on the protection of bees, fish and game for pest control plant protection products
The Ministry of Agriculture, Forestry and Water Management provides in agreement with the participating central authorities pursuant to § 26 (1) of Act No. 188 / 1950 Coll., on Improvement of Plant Production, and § 38 (2) of Act No. 11 / 1955 Coll., on Water Management, as amended by Act No. 12 / 1959 Coll.:
Preliminary provisions
This decree regulates the protection of bees, fish and game in the control of diseases and pest control of plants, unwanted plants, in particular weeds, roar and aquatic flower and difficult insects (hereinafter referred to as pest control) in the treatment of agricultural, forest and other crops, trees and shrubs and surface waters plant protection products (1)
Protection of bees
(1) Plant protection products used for pest control shall be divided into three groups due to their effect on bees:
(a) toxic preparations;
(b) harmful products;
(c) relatively harmless preparations.
(2) The list of agricultural crops, trees and bushes 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. Crops of beans and beets visited by bees during the occurrence of mead 1) shall also be considered as flowering crops (Annex No 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).
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 is carried out, from the ground traceable by hearing and sight, to the source of the collection.
The pest control by harmful products must not be carried out when bees are flying
(a) on flowering crops visited by bees, including peas;
(b) on flowering trees and bushes visited by bees.
The destruction of pests by harmless products is permitted even when bees fly, provided that the prescribed concentrations, doses and method of use of these products are complied with.
(1) The destruction of pests by toxic preparations, if permitted under this Decree, may be carried out only at such a distance from flowering crops, flowering trees and shrubs visited by bees or from hives which, by means of destruction, type of chemical and mechanisation and by force and direction of wind, ensure that the products used do not fall on them. In the case of pest control products which are harmful, the distance shall be maintained when pest control is carried out when bees fly.
(2) The pest control of crops under flowering trees is permitted
(a) toxic preparations only in such a way as to exclude the introduction of such preparations into trees;
(b) harmful preparations in such a way as to exclude their introduction into trees when bees fly.
(1) The bee breeders are required to notify the local national committee by 25 March each year, where appropriate by means of a confidant of the Czech apiculture association or the Slovak apiculture association, of permanent hives' posts. In the same way, bee breeders shall notify the local national committee of the existing bee habitats and the local national committee to whose perimeter the hives are to be moved; the notification must be made at least 5 days before the movement and shall be accompanied by a simple situation sketch indicating the location of the hives' habitat if the hives are not located in the built-up parts of the village. The bee breeders shall immediately notify the local national committee of the data on the bulk flight of bees, from the country of the observable hearing and sight, to the source of the collection, indicating its path.
(2) Bees' breeders are required to give appropriate warning when pest control is carried out on hives, unless the hives are located in built-up parts of the municipality, e.g. by putting up a yellow equilateral triangle with a side length of 1 m in vertical position.
Prior to any pest control, the organisation or user of the pest control plot (hereinafter referred to as the "pest care operator ') shall be obliged to obtain at the local national committee data on the location of the hives' habitats and on the bulk flight of bees. The data referred to in the first sentence of the first sentence shall be provided by the buyer of the air works in the course of the aerial treatment.
(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 grower shall be obliged to provide the necessary assistance to the county veterinary establishment.
Paragraph 3 and 4 shall not apply to pest control in places where the nearest colony habitat is at least 5 km from the point of destruction.
(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 landowners of the exemption no later than 24 hours before pest control and shall discuss the available measures to protect bees which are bee breeders and land users are obliged to take.
(2) If, as a result of the derogation provided for in paragraph 1, pests have been destroyed, the district national committee may contribute to the payment or mitigation of damage caused by the death of bees to bee breeders. 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 parcels on which the treatment was carried out.
Protection of fish, natural medical resources and mineral water sources of table water
(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 is fulfilled by the buyer of the air works.
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 under specific regulations remain unaffected. 6)
Protection of game
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 game hunting and catching, agree in advance with the relevant users of the game hunting 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.
Common and final provisions
(1) The destruction of pests from aircraft plant protection products for bees toxic or harmful must be notified at least 24 hours in advance to the local national committee in whose district the pests are to be thinned and to local national committees in neighbouring municipalities. The local national committee shall declare in such municipalities in due time, but no later than 18 hours of the previous day, the day and hour of pest control from the aircraft.
(2) The collector of air works will make a significant picture of the hives' habitats, of the route of the mass flight of bees (§ 8), of the protection zones referred to in § 13 (2), of the shores of water, disciplines, pheasants, breeding facilities and animal feeding facilities during the period of mass feeding of animals to the indicative map for the flyers. 7)
(3) During the destruction of pests from aircraft, bee breeders shall be required to notify in an appropriate manner to the hives' habitats if the hives are not located in the built-up parts of the village, e.g. by putting up a yellow equilateral triangle with a side length of 1 m in horizontal position.
The packaging of plant protection products put into circulation by the manufacturer or importer must indicate the classification of the product in terms of danger to bees, fish and animals after 1.1.1980 (Sections 2, 13 and 14a).
(1) Unless otherwise provided for in the provisions on the handling of packaging in the course of the circulation of goods, packaging from chemical products and residues of chemicals from the pest control site must be removed and destroyed (burned, buried, etc.). Packaging and residues of chemical products shall not be thrown into or disposed of in waters and wells near them.
(2) Machinery, tools, protective equipment used for pest control as well as means of transport and equipment intended for the transport of chemical products must not be washed or rinsed in the waters or places from which they could be washed.
The Ministry of Agriculture and Nutrition of the Czech Socialist Republic or the Ministry of Agriculture and Nutrition of the Slovak Socialist Republic may, for important reasons, authorise exemptions from the provisions of this Decree in individual cases, except as regards the provisions of Sections 3 and 4.
Decree No 79 / 1957 of the Ú. l., on the protection of bees during pest control by chemical means, is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
Krutina 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
Blossoms and beets visited by bees in the presence of mead shall also be considered as flowering crops.
Trees and shrubs visited by bees in the presence of honey fruit shall also be considered flowering trees and shrubs.
Příloha č. 2
Annex No 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 *)
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Regulation Information
| Citation | Decree of the Ministry of Agriculture, Forestry and Water Management No. 37 / 1963 Coll., on the protection of bees, fish and game during pest control plant protection products |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.05.1963 |
|---|---|
| Effective from | 15.05.1963 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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