Decree No. 5 / 2020 Coll.
Decree on protective measures against harmful plant organisms
Valid
Effective from 25.01.2020
5
DECLARATION
of 19 December 2019
on protective measures against harmful plant organisms
The Ministry of Agriculture shall determine, pursuant to Article 88 (1) (a) of Act No. 326 / 2004 Coll., on Phytosanitary Care and on the Amendment of Certain Related Acts, as amended by Act No. 131 / 2006 Coll., Act No. 249 / 2008 Coll., Act No. 299 / 2009 Coll., Act No. 291 / 2009 Coll., Act No. 245 / 2011 Coll., Act No. 199 / 2012 Coll., Act No. 279 / 2013 Coll., Act No. 299 / 2017 Coll., and Act No. 369 / 2019 Coll. ("Act '):
Subject matter
This decree follows the directly applicable European Union1) and implements the provisions of the Act relating to plant protection against harmful organisms.
Survey prior to the establishment of breeding, reproduction or reproduction material
(K § 6 of the Act)
The survey provided for in Article 6 of the Act on the detection of harmful organisms the presence of which is an obstacle to the recognition of propagating material under other legislation2) shall be carried out on:
(a) the cultivation of propagating material of fruit species, hops and vines prior to the establishment of the crops of Castanea Mill., Citrus L., Cydonia Mill., Fragaria L., Humulus L., Malus Mill., Poncirus Raf., Prunus L., Pyrus L., Ribes L., Rubus L., Vaccinium L., Vitis L. and the species Corylus avellana L. and Juglans Regia L. intended for the production of breeding propagating material, breeding material and pre-basic material; or
(b) sources of forest reproductive material, where they belong to the families of Abies Mill., Castanea Mill., Larix Mill., Picea A. Dietr., Pinus L., Populus L., Prunus L., Pseudotsuga Carr. and Quercus L. before recognising the source of plant reproductive material intended for vegetative reproduction.
Authorisation to issue plant passports
(Paragraph 13 (3) of the Act)
(1) The extent of the knowledge of professional operators necessary for carrying out investigations for the purpose of issuing plant passports and of the knowledge of best practices, measures and other steps required to prevent the occurrence and spread of harmful organisms is set out in Annex 1 to this Regulation. The plants, plant products and other objects concerned by that knowledge pursuant to Article 89 (1) (a) of Regulation (EU) 2016 / 2031 shall be considered to be the plants, plant products and other objects listed for the professional operator concerned in the official register of professional operators maintained under Article 12 (1) (b) of the Act.
(2) The professional operator shall demonstrate knowledge to the extent set out in Annex 1 to this Decree by successfully passing the distance test published on the Institute's website, which shall consist of part general and one or more parts professional.
(3) The general part of the distance test contains questions from the headings referred to in points 2 to 4 of Annex 1 to this Decree.
(4) The technical part of the distance test shall be composed separately for each group of plants, plant products and other objects. The selection of one or more groups of plants, plant products and other objects shall be made by the professional operator in the application for authorisation to issue plant passports. Each expert part of the distance test shall contain questions from the headings referred to in points 1 and 5 of Annex 1 to this Regulation, directed at the relevant group of plants, plant products and other objects.
(5) Login details for the distance test shall be received by the professional operator after an application for authorisation to issue plant passports. The professional operator shall pass the distance test for the relevant professional part successfully if:
(a) achieve at least 80% of the correct answers in the general section;
(b) achieve at least 80% of the correct answers in the relevant professional section; and
(c) it shall be lodged no later than 30 days from the date on which it receives the login details for the distance test.
Information concerning the plant passport to be recorded by the authorised operator
(Paragraph 14 (5) of the Law)
The information concerning the plant passport to be recorded by the authorised operator pursuant to Article 69 (3) (c) of Regulation (EU) 2016 / 2031 shall be:
(a) the botanical name and quantity of the plant species or taxon concerned, in the case of a plant or plant product, or the name and quantity of the other object concerned for which a single plant passport has been issued; and
(b) the date of issue of the plant passport or the date of issue of the accounting document where the information referred to in (a) is recorded.
List of harmful organisms which repeatedly reach the calamite threshold and their calamity thresholds
(K § 4a (1) of the Act)
The list of harmful organisms which repeatedly reach the calamite threshold and their calamity thresholds are set out in Annex 2 to this Decree.
Exports of plants, plant products and other objects
(Paragraph 28 (2) and (4) of the Law)
(1) The minimum requirements for the technical equipment of the site for carrying out the export investigation and the specific requirements for the technical equipment of the place for carrying out the export investigation of plants, plant products and other objects which present a high level of risk of introduction and spread of harmful organisms are set out in Annex 3 to this Regulation.
(2) The export investigation covers:
(a) inspection of exported plants, plant products and other objects at the place of manufacture, storage or processing;
(b) sampling of the exported commodity and, where appropriate, of the raw materials needed for its production;
(c) inspection of storage premises, production areas and processing of the exported commodity;
(d) inspection of the packaging used and, where appropriate, storage;
(e) inspection of means of transport and transport;
(f) inspection of the production areas of the exported commodity;
(g) the examination of the treatment carried out and the examination of the documents supplied for the chemical or physical treatment; or
(h) checking compliance with the conditions for processing, treatment, packaging and storage of the exported commodity with regard to possible contamination by harmful organisms.
(3) Plants, plant products, other objects and harmful organisms which do not give rise to visible signs of infestation are listed in Annex 4 to this Decree.
(4) The models of phytosanitary certificates are set out in Annex 5 to this Regulation.
Pre-export certificate
(Paragraph 29 (3) of the Act)
The model of the pre-export certificate is set out in Annex 6 to this Order.
Repeal
They shall be deleted:
1. Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products.
2. Decree No. 159 / 2009 Coll., amending Decree No. 215 / 2008 Coll., on measures against the introduction and spread of harmful organisms of plants and plant products.
3. Decree No. 76 / 2010 Coll., amending Decree No. 215 / 2008 Coll., on measures against the introduction and spread of harmful organisms of plants and plant products, as amended by Decree No. 159 / 2009 Coll.
4. Decree No. 382 / 2011 Coll., amending Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products, as amended.
5. Decree No. 442 / 2013 Coll., amending Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products, as amended.
6. Decree No. 104 / 2014 Coll., amending Decree No. 215 / 2008 Coll., on measures against the introduction and spread of harmful organisms of plants and plant products, as amended.
7. Decree No. 207 / 2014 Coll., amending Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products, as amended.
8. Decree No. 11 / 2018 Coll., amending Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products, as amended.
9. Decree No. 251 / 2019 Coll., amending Decree No. 215 / 2008 Coll., on measures to prevent the introduction and spread of harmful organisms of plants and plant products, as amended.
Efficacy
(1) This Decree takes effect on the 15th day following its publication.
(2) Paragraph 4, 5 and Annex 2 to this Decree expire on 13 December 2020.
Minister:
Ing. Toman, CSc., v. r.
Příloha č. 1
Annex No 1 to Decree No 5 / 2020 Coll.
Scope of knowledge necessary to obtain authorisation to issue plant passports
1. Knowledge of quarantine harmful organisms for the European Union and for protected zones, of harmful organisms subject to measures adopted pursuant to Article 30 (1) of Regulation (EU) 2016 / 2031 and of regulated non-quarantine harmful organisms for the European Union, and of the procedures and measures required to prevent and spread such harmful organisms.
2. Knowledge of the obligations of professional operators laid down in Regulation (EU) 2016 / 2031 and the legal situation of the presence or suspected presence of harmful organisms established under Regulation (EU) 2016 / 2031.
3. Knowledge of the formalities for plant passports and the procedures for attaching plant passports to plants, plant products and other objects.
4. Knowledge of systems and procedures to enable a professional operator to fulfil obligations regarding traceability of plants, plant products and other objects, in accordance with Articles 69 and 70 of Regulation (EU) 2016 / 2031.
5. Knowledge necessary for carrying out investigations on plants, plant products and other objects covered by Article 89 (1) (a) of Regulation (EU) 2016 / 2031.
Příloha č. 2
Annex No 2
List of harmful organisms which repeatedly reach the calamite threshold and their calamity thresholds
Field vole Microtus arvalis (Pallas)
| Období | Plodina | Kalamitní práh |
|---|---|---|
| 1. 3. – 31. 5. | všechny plodiny | 250 aktivních východů z nor*/1 ha |
| 1. 6. – 31. 8. | všechny plodiny | 1000 aktivních východů z nor*/1 ha |
| 1. 9. – 28. 2. (29. 2.) | jednoleté polní plodiny | 1000 aktivních východů z nor*/1 ha |
| 1. 9. – 28. 2. (29. 2.) | víceleté polní plodiny, louky, pastviny, ovocné sady, vinice a chmelnice | 2000 aktivních východů z nor*/1 ha |
| 1. 9. – 28. 2. (29. 2.) | lesní, okrasné a ovocné školky, okrasné rostliny | 2000 aktivních východů z nor*/1 ha |
* An active exit from the burrow means an exit from the burrow with the apparent activity of the field vole, i.e. distinct resident tracks in its immediate vicinity.
Příloha č. 3
Annex 3 to Decree No 5 / 2020 Coll.
Minimum requirements for the technical equipment of the point of export investigation and specific requirements for the technical equipment of the point of export survey of plants, plant products and other objects presenting a high level of risk of introduction and spread of harmful organisms
1. The minimum requirements for the technical equipment of the export enquiry point are:
- an all-year drive from a passenger motor vehicle,
- artificial lighting when the investigation is to be carried out in covered areas or in reduced visibility,
- means of opening and closing the means of transport, transport containers and wagons, and means of bringing ladders, bridges and mobile stairs, and
- a handling technique enabling the removal from storage of the consignment or part thereof, where appropriate, so that all lots of the consignment can be inspected, including where the consignment is already loaded in a means of transport.
2. Specific requirements for the technical equipment of the site for carrying out the export survey of plants, plant products and other objects presenting a high level of risk of introduction and spread of harmful organisms are:
- a table enabling the consignment of samples to be examined and the plant health certificate to be issued,
- heating to the temperature required to ensure testing methods,
- connection to the electricity network, and
- water supply and waste water disposal.
Příloha č. 4
Annex No 4 to Decree No 5 / 2020 Coll.
Plants, plant products, other objects and harmful organisms which do not give rise to visible signs of infestation
Plants, plant products and other objects presenting a high level of risk of introduction and spread of harmful organisms causing them to be contaminated:
(a) plants of ornamental herbal species, shrubs, trees and vegetables intended for cultivation, except:
1. onions,
2. cloth tubers,
3. plants of the family Graminae,
4th rhizome,
5. Seeds,
6. tubers,
7. tissue cultures,
(b) cut flowers.
Harmful organisms that cause hidden infestations on plants, plant products and other objects which present a high level of risk of their introduction and spread:
(a) Thisanoptera;
(b) redfish (Agromyzidae).
Příloha č. 5
Annex No 5 to Decree No 5 / 2020 Coll.
Model phytosanitary certificates
Příloha č. 6
Annex No 6 to Decree No 5 / 2020 Coll.
Model pre-export certificate
1) 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.
2) Act No. 219 / 2003 Coll., on the circulation of seeds and propagating plants and amending certain laws, as amended. Act No. 149 / 2003 Coll., on the putting into circulation of forest reproductive material of forestry species and artificial cross-breeds intended for forest renewal and afforestation, and on the modification of certain related laws, as amended.
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Regulation Information
| Citation | Decree No. 5 / 2020 Coll., on protective measures against harmful plant organisms |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 10.01.2020 |
|---|---|
| Effective from | 25.01.2020 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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