Decree No. 4 / 2018 Coll.
Decree amending Decree No. 331 / 2004 Coll., on measures to ensure protection against the introduction and spread of potato ring agent and bacterial brown rot agent, as amended by Decree No. 328 / 2008 Coll.
Valid
Effective from 01.02.2018
4
DECLARATION
of 4 January 2018
amending Decree No 331 / 2004 Coll., on measures to ensure protection against the introduction and spread of potato ring agent and bacterial brown rot agent, as amended by Decree No 328 / 2008 Coll.
The Ministry of Agriculture provides pursuant to § 88 (2) for the implementation of § 71 (1) (g) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the amendment of certain related laws, as amended by Act No. 279 / 2013 Coll.:
Decree No 331 / 2004 Coll., on measures to ensure protection against the introduction and spread of potato ring agent and bacterial brown rot agent, as amended by Decree No 328 / 2008 Coll., is amended as follows:
1. In Paragraph 1, the words "European Community1) 'are replaced by the words" European Union1)' and in footnote 1, "1985 'is replaced by" 1993'.
2. in Article 2 (a), the text "ssp." shall be deleted;
3. In Section 2 (c) (2), "Lycopersicon 'is replaced by" Solanum'.
4. In Article 2 (i), the words "the State Plant Health Administration (hereinafter referred to as the Plant Health Administration) 'are replaced by the words" the Constitution'.
5. In Sections 2 (j), 3 (8), 4 (1) (a) and (b), Part A. of Annex No 1, Part 1 (c) and (e) of Annex No 4, Part 2 (c), (e) and (f) of Annex No 4, point 4.1.1. (b), point 4.1.6. and point 4.1.10 of Part 4 of Annex No 4, point 5.2.1. (c) and (d), point 5.4. and point 5.11. (a) and (b) of Part 5 of Annex No 4, Annex No 5, Part 1 (c), Part 2 of Annex No 5, and in Part 2 of Annex No 6, the word "plant health management" shall be replaced by "Constitution."
6. in § 3 (1), § 4 (3), § 5 (3) and (5), § 6 (1), § 7 (2) and (3), point 4.4 of Part 4 of Annex No 4 and in point 5.9. of Annex No 4, "Plant health management" shall be replaced by "Institute."
7. In Paragraph 3 (8), the words "State Plant Health Administration 'are replaced by the words" Central Control and Examination Institute of Agricultural'.
8. In § 3 (8), (10) and (11), § 4 (2), (4) and (5), § 5 (1), (2) and (4), § 6 (2), § 7 (1) (a) and (b), § 7 (2) and (4) of Annex No 3, Part 1 (c), Part 1 (c) and last paragraph of Annex No 4, Part 3 of Annex No 4, point 4.1.3 and point 4.5 of Annex No 4, point 5.1 and the introductory paragraph of Annex No 5.10 and the introductory paragraph of point 5.11 of Annex No 4, Part 1 (c) of Annex No 5, Part 2 of Annex No 5 and in Part 1 of Annex No 6, the words "plant health management" Constitution. "
9. In Article 3 (9), the words "a natural or legal person entrusted with this activity by the Ministry of Agriculture pursuant to Article 71 (1) (b) of the Act or by the Plant Health Administration pursuant to Article 72 (5) (i) of the Act 'are replaced by the words" a person entrusted with this activity by the Institute'.
10. in Article 3 (10), the words "or" shall be replaced by the words "or" and, in the case of propagating material2) of potato and tomato shall also be deleted from the Central Control and Testing Institute for Agriculture. "
11. in § 4 (3) (a), § 7 (1) (a) and (b), part B. of Annex No 1, the introductory phrase of Part 1 of Annex No 4, the introductory sentence of Part 2 of Annex No 4, point 4.1.1. (b), point 4.1.5. and points 4.1.7, point 4.2. (a) and points 4.5. (b) and (c) of Part 4 of Annex No 4, and in point 5.2.2. (b), point 5.7. (a), (b), (c) and (d) and points 5.10.. (b), (c) and (d) of Part 5 of Annex No 4, the words "phytosanitary management" shall be replaced by "of the Constitution."
12. In Annex No 4, the last paragraph of Part 1 and the last paragraph of Part 2, the words "plant health management, which" shall be replaced by the words "Institute which."
13. in Annex 4, Part 2, point (a), the words "this administration" shall be replaced by "the Constitution."
14. in Annex 4, point 4.1.1 (b) of Part 4 and points 5.2.1 (c) and (d) of Part 5, the words "at the written request of the land user" shall be deleted;
15. in Annex 4 (4.1) (c):
"(c) on completion of other exceptional plant health measures ordered in the quarantine territory referred to in point 4, the cultivation of potatoes on the seed or on the consumer may be carried out on condition that the Institute carries out a demarcation survey on the presence of the circling agent in accordance with Section 3 (3) (a) (1) of the Law, the planting of propagating material (3) or of the farmer's seed ba4), produced under the control of the Institute and tested in accordance with Annex 1 for the presence of the ring agent with the result of the negative, and the harvested tubers shall be tested in accordance with Annex 1 for the presence of the ring agent, where appropriate cultivation of seed potatoes shall be possible only two years after the first cultivation of the potatoes on the parcel."
16. in Annex 4 (5.2.1) (a):
"(a) shall not, for four growing periods, grow host plants of the agent of brown rot, including potato and tomato seed and brassica plants, where there is a proven risk of the producer's survival, other plants may be grown unless there is a demonstrable risk of spreading the agent of brown rot (e.g. if the breeder takes measures to prevent the transfer of soil along with harvested parts of such plants) [§ 76 (1) (a) (1) (1) of the Law] and must seek and dispose of wild host plants, including weeds [§ 76 (1) (a) (2)]."
17. in Annex 4, point 5.2.1 (c) (5), the word "letter" shall be replaced by "letter," point 4.3 (4) and point 5.7 (d) and point 5.8 (5) of Annex No 4, the words "plant health authorities" shall be replaced by "Constitution."
18. in Annex 4, point 5.2.1 (c) of Part 5, the last paragraph shall read:
"and in the case of potato or tomato cultivation, a demarcation survey shall be carried out on the presence of the agent of brown rot in accordance with Article 3 (3) (a) (1) of the Law and, in the case of potato cultivation, propagating material3 shall be carried out and the harvest shall be intended only for consumption purposes or industrial processing, the cultivation of seed potatoes may not be allowed until two years after the first potato or tomato cultivation on this parcel; ';
19. in Annex 4, point 5.2.1 (e) of Part 5, the word "intended" shall be deleted and the words "in advance" shall be replaced by the words "no later than one month before the harvest of these plants."
20. in Annex 4 (5.2.1) (f):
"(f) may not perform an artificial irrigation in the year of confirmation of the occurrence of the agent of brown rot and may, in the following four years, perform the irrigation only with the consent and supervision of the Constitution and provided that the identifiable risk of spreading the agent of brown rot is excluded [§ 76 (1) (a) (2) of the Act]."
21. in Annex 4 (5.2) (d):
"(d) may carry out irrigation only on condition that the water used for irrigation is not identified by the Institute as being infected by the source of brown rot [Paragraph 76 (1) (a) (2) of the Law];"
22. in Annex 5, Part 1, the following paragraph is inserted after point (c):
"Wastes from the processing of potato tubers suspected of being infected by ring rot agents or brown rot may alternatively be exported to land which is not agricultural soils (3) or as fertiliser on permanent grassland (4) in the event that the Institute considers that there is no identifiable risk of spreading the ring agent or brown rot.
3) Paragraph 1 (2) of Act No. 334 / 1992 Coll., on the Protection of the Agricultural Soil Fund, as amended.
4) Paragraph 3 (5) of Decree of the Government No 307 / 2014 Coll., on the determination of details of land use records according to user relations, as amended. '
Efficacy
This Decision shall enter into force on 1 February 2018.
Minister:
Ing. Milek v. r.
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Regulation Information
| Citation | Decree No. 4 / 2018 Coll., amending Decree No. 331 / 2004 Coll., on measures to ensure protection against the introduction and spread of potato ring agent and bacterial brown rot agent, as amended by Decree No. 328 / 2008 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 09.01.2018 |
|---|---|
| Effective from | 01.02.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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