Decree of the Ministry of Agriculture No. 83 / 1997 Coll.
Decree of the Ministry of Agriculture on the protection against introduction, transit and export of harmful organisms and against their spread within the Czech Republic and on systematic plant health control
Valid
Order
Effective from 25.04.1997
Zobrazeno prvních 200 z celkem 501 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
83
DECLARATION
Ministry of Agriculture
of 26 March 1997
on the protection against the introduction, transit and export of plants and plant products and against their spread within the Czech Republic and on systematic plant health control
The Ministry of Agriculture, after consulting the Ministry of Transport and Communications, the Ministry of Finance and the Ministry of Industry and Trade, provides pursuant to § 45 (1) of Act No. 147 / 1996 Coll., on Phytosanitary Care and Changes to Certain Related Acts (hereinafter referred to as "the Act"):
For the purposes of this decree:
(a) a pathogen - a genetically established set of individuals of one type of harmful organism which differs from another genetically established set of individuals of the same species,
(b) eradication - the use of appropriate methods of combating the harmful organism in order to eradicate it,
(c) quarantine areas - territories subject to exceptional plant health measures due to the presence of a quarantine pest;
(d) growing substrate - material in which plants are grown or intended for that purpose;
(e) played wood - wood free of natural rounded surface,
(f) seeds - seeds intended for cultivation,
(g) grain - seeds which are plant products pursuant to Article 2 (3) of the Act,
(h) Member States of the European and Mediterranean Plant Protection Organisation (EPPO) - Albania, Algeria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Finland, France, Guernsey, Croatia, Ireland, Italy, Israel, Jersey, Jordan, Cyprus, Kyrgyzstan, Lithuania, Latvia, Luxembourg, Hungary, Macedonia, Malta, Morocco, Germany, Netherlands, Norway, Poland, Portugal, Romania, Russia, Greece, Slovakia, Slovenia, United Kingdom and Northern Ireland, Spain, Sweden, Switzerland, Tunisia, Turkey, Ukraine,
(i) Member States of the European Union (EU) - Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, Germany, the Netherlands, Portugal, Austria, Greece, the United Kingdom of Great Britain and Northern Ireland, Spain, Sweden.
Quarantine harmful organisms subject to reporting obligations
(k § 4 of the Act)
The legal or natural persons referred to in Section 4 of the Act declare the presence or suspected presence of quarantine pests listed in Annex 1.
Continuous phytosanitary inspection
[K § 7 (b) of the Act]
(1) The plants, plant products and other objects listed in Annex No 2 are subject to continuous phytosanitary inspection.
(2) Continuous plant health checks on the presence of harmful organisms listed in Annexes 6 and 7, harmful organisms referred to in Article 11 (1) (e) of the Act and compliance with specific plant health requirements as set out in Annex 9a shall be subject to the plants, plant products and other objects listed in Annex 2.
Registration of legal and natural persons
(Articles 7b (1) and (3) and 7c (2) of the Act)
(1) The Official Register under Section 7b (1) of the Act contains:
(a) the name, surname, address and date of birth, if any, of a natural person or of a commercial firm, registered office and identification number, if any, of a legal person;
(b) the registration number to which the relevant person is clearly identified;
(c) the name, surname, address and date of birth of the person or persons empowered to negotiate with the State Plant Health Administration (hereinafter referred to as the "Plant Health Administration"),
(d) the scope of the registration referred to in Annexes 2 and 3;
(e) the exact address of all places of work and premises of a registered person in which plants and plant products and other objects are grown and produced and subject to systematic plant health control (Annex 2) or where such plants, plant products and other objects are otherwise handled or treated with imported plants, plant products and other objects listed in Annex 3;
(f) the information referred to in § 7c (2) (d) (2) of the Act.
(2) The plant health administration shall keep the official register referred to in Section 7b (1) of the Act at regional and central level.
(3) The competent authorities shall request registration in writing. The application shall contain the particulars referred to in paragraph 1 and, where appropriate, other particulars necessary for the marketing authorisation. The model of the application for registration and the method for submitting applications shall be published by the Plant Health Administration in the Ministry of Agriculture Bulletin.
(4) Registered persons shall keep, in accordance with Article 7c (2) (a) of the Act, a continuous record of the plants, plant products and other objects listed in Annex 2 grown, produced, imported, stored and otherwise used, to the extent of their registration, containing:
(a) records of their species and, where appropriate, varieties and quantities thereof, including categories and generations of propagating material, 1)
(b) records and evidence of their origin, purpose of production, cultivation, handling, import and storage and their transfer or transfer to other persons;
(c) records of sites, (2) where they are grown, produced, stored or otherwise handled;
(d) records and documents relating to the care and evaluation of plant health and plant products, the treatment of other objects and their identity;
(e) records of plant health checks carried out.
(5) The records and documents referred to in paragraph 4 shall be kept by registered persons for at least one year from the date on which the last transfer or transfer of rights to plants, plant products or other objects took place.
(6) The specific requirements of plant health care to be fulfilled by registered persons under Section 7c (2) (e) of the Act are set out in Annex 9a.
Consignments subject to phytosanitary control
(Paragraph 8 (2) and (6) of the Act)
The consignments which are required to be presented by importers and carriers for plant health inspection under Section 8 (2) of the Act and which must be accompanied by a phytosanitary certificate under Section 8 (6) of the Act when entering the Czech Republic are listed in Annex 3.
Small quantities of plants
(Paragraph 8 (10) of the Law)
(1) The small quantities of plants not covered by the provisions of § 8 (2) and (3) of the Act shall not exceed:
(a) on origin from all countries except those referred to in (b)
| 1. | ovoce a zelenina kromě hlíz bramboru (Solanum tuberosum L.) | 2 kg |
| 2. | řezané květiny a části | 1 kytice |
| 3. | 5 sáčků v originálním balení pro drobný prodej, |
(b) on origin from EPPO Member States
| 1. | ovoce a zelenina kromě hlíz brambor (Solanum tuberosum L.) | 5 kg |
| 2. | stromy a keře | 3 kusy |
| 3. | pokojové a hrnkované | 3 kusy |
| 4. | cibule, hlízy a oddenky květin | 1 kg |
| 5. | vánoční stromky | 1 kus |
| 6. | věnce | 1 kus. |
(2) Small quantities of plants referred to in paragraph 1 may be considered as only those which:
(a) are intended for the use of passengers or recipients and do not serve gainful purposes or are consumed during transport;
(b) are not consignments listed in Annex 8;
(c) show no signs of harmful organisms being infected; and
(d) are not intended for research or breeding purposes.
Plant health certificate
(Paragraph 8 (6) of the Law)
(1) The plant health certificate bearing the consignments imported,
(a) it must not be displayed more than 14 days before the date on which the plants, plant products and other objects leave the exporting country;
(b) it must be completed in full and legibly in capital letters or in typescript without erasing or rewriting the text, in the English, French, Russian, German, Spanish, Slovak or Czech language, with scientific botanical names, and must bear the stamp of the authorised authority and the signature of the authorised person.
(2) The plant health certificate bearing the exported consignments must conform to the model set out in Annex 4 when re-exporting consignments from the Czech Republic with the model set out in Annex 5.
(3) Where a consignment is imported into the Czech Republic from a State other than that of its origin or when a consignment originating from another State is exported from the Czech Republic and such consignments have been stored, transhipped, repackaged or split into the territory of the exporting State, they must be accompanied by a phytosanitary certificate from the exporting State. If
(a) when imported into the Czech Republic the certificate according to the first sentence does not fully confirm the health status of the consignment according to the applicable phytosanitary rules of the Czech Republic;
(b) when exported from the Czech Republic, it is not possible to fully confirm, for material reasons, the health status of the consignment in accordance with the applicable phytosanitary rules of the importing State;
the consignment must bear a phytosanitary certificate for re-export and a phytosanitary certificate from the country of origin of the consignment or a certified copy thereof.
Import and transit ban
(Paragraph 11 (1) and (2) of the Act)
(1) It is prohibited to import and accompany:
(a) quarantine harmful organisms listed in Annex 6 and consignments with their presence;
(b) consignments with the presence of quarantine harmful organisms listed in Annex 7 on the plants or plant products listed in that Annex;
(c) consignments listed in Annex 8 from countries listed in that Annex;
(d) consignments which do not comply with the specific quarantine requirements laid down in Annex 9; compliance with the specific quarantine requirements (hereinafter referred to as "official confirmation") shall be indicated in the supplementary declaration of the phytosanitary certificate and, if the treatment of plant protection products is concerned, also under the section "Dissection and / or disinfection" of the phytosanitary certificate, unless otherwise provided for by an international agreement binding the Czech Republic, 2a);
(e) harmful organisms referred to in Section 11 (1) (e) of the Act and consignments with their presence.
(2) The risk of spreading harmful organisms on their import and on the import of consignments under Article 11 (2) of the Act is assessed on the basis of:
(a) available current scientific information on the relevant harmful organisms, in particular their biology and active dissemination capability;
(b) an assessment of the technical and professional assumptions of the consignee of the consignment to prevent the spread of the relevant harmful organisms, where appropriate;
(c) the investigation carried out in the country of origin of the consignment or the request for confirmation by the authorised authority of that country that the specific quarantine requirements have been met.
Entry points
(to Paragraph 12 (1) of the Law)
(1) The list of entry points for carrying out plant health checks is set out in Annex 10.
(2) The minimum technical conditions for carrying out plant health checks at points of entry are set out in Annex 10a.
(3) The working time of the operating mode of the entry points is determined and published by the Plant Health Administration in the Bulletin.
Plant health inspection on importation and transit
(Paragraph 12 (1) and (2) of the Act)
(1) Plant health checks shall be carried out outside the point of entry where more time-consuming or more complex laboratory analyses or detailed inspection of the consignment at or after unloading are required; (3) the carrier and the customs authority at the point of entry, indicating in the transport document that the consignment is required to carry out the plant health inspection outside the point of entry.
(2) In agreement with the importer and the phytosanitary service of the exporting country, plant health checks may be carried out on the territory of that country. The results of this check shall be indicated in the transport documents.
(3) Imported or accompanying consignment
(a) it must be returned or destroyed if:
1. it is subject to the import and transit ban provided for in Article 6 (1);
2. its origin or identity is not reliably established;
3. it is not accompanied by a phytosanitary certificate or phytosanitary certificate for re-export in accordance with § 8 (6) and (7) of the Act or by any other official document in accordance with § 8 (8) of the Act,
4. it is not accompanied by a phytosanitary certificate containing the particulars referred to in Article 5 (1);
5. its state or manner of storage does not permit a phytosanitary inspection at all;
(b) it must be destroyed if there is an imminent risk of spreading the quarantine pest or harmful organisms referred to in Article 11 (1) (e) of the Act;
(c) may, except for a consignment whose import is prohibited, be placed under the proposed customs regime (4), provided that exceptional plant health measures have been complied with, provided that the consignment has been found to contain non-quarantine harmful organisms or harmful organisms referred to in Article 11 (1) (e) of the Act and that such exceptional plant health measures have been implemented to spread and cause damage.
(4) Where the presence of a quarantine pest or harmful organism referred to in Article 11 (1) (e) of the Act has been detected only in part of the consignment and it is evident that the remaining part of the consignment is not contested, the affected part of the consignment shall be handled in accordance with the provisions of paragraph 3 and the remaining part may be placed under the proposed customs procedure, (4) subject, where appropriate, to exceptional plant health measures.
(5) The decision to dispose of the consignment referred to in paragraph 3 or part of the consignment referred to in paragraph 4 shall be notified by the phytosanitary management3) and the customs authority.
Subsequent post-importation plant health check
(Paragraph 12 (7) of the Law)
Plants intended for cultivation which are subject to post-importation plant health checks pursuant to Article 12 (7) of the Act are listed in Annex No 11.
Registration of harmful organisms
[to Paragraph 14 (1) (d) of the Law]
(1) The plant health authority shall keep records of the presence of quarantine pests and harmful organisms referred to in Article 11 (1) (e) of the Act, which shall contain the following information, depending on the type of harmful organism and host plants and the place of occurrence:
(a) the scientific name and, where appropriate, the pathogen of the harmful organism;
(b) identification of contaminated parcels and objects, 2)
(c) the name, address and birth number (if it is a natural person) or the business name, registered office and identification number (if it is a legal person) of the owner of the contaminated parcels or objects or of the person using them for other legal reasons;
(d) the scientific name of the species and, where appropriate, the variety of the host plant,
(e) the date and manner of detection of the harmful organism and the name of the person who found it;
(f) the name of the person who has designated the harmful organism and, where appropriate, the person who has verified the accuracy of the determination and the date of destination and, where appropriate, its verification;
(g) data on the presence of the harmful organism.
(2) The register shall also include official documents on the regulations and the implementation of emergency plant health measures and on the results of the survey and checking of the presence of quarantine harmful organisms and harmful organisms referred to in Section 11 (1) (e) of the Act.
Method of professional investigation following the detection of the presence of a quarantine pest or a harmful organism referred to in Article 11 (1) (e) of the Act or of a calamity of another harmful organism
(Article 14 (2) of the Law)
In order to assess the need and scope of the regulations on emergency phytosanitary measures, plant health management
(a) verify the accuracy of the identification of the quarantine pest or pest referred to in Article 11 (1) (e) of the Act (laboratory diagnostic examination),
(b) establish the origin of its occurrence;
(c) carry out a detailed survey of its territorial spread at and around the site of the occurrence or other locations, where appropriate;
(d) assess the possibilities for its further dissemination and eradication;
(e) verify, where necessary, the pathogen of the harmful organism,
(f) assess the calamity of the excess of a non-quarantine pest or harmful organism referred to in Article 11 (1) (e) of the Act.
Compensation for property damage resulting from the imposition of emergency phytosanitary measures
(Article 16 (2) of the Law)
(1) Compensation for property damage consists of:
(a) compensation for evidence of loss of income or destroyed plants, plant products and other objects;
(b) reimbursement of expenses incurred economically to implement the emergency plant health measures ordered.
(2) Compensation for property damage is granted on the basis of a written request from the natural or legal person concerned.
(3) The application referred to in paragraph 2 shall include:
(a) the name, surname, birth number and address of the applicant's permanent address, if any, if any;
(b) the trade name, registered office, name of the representative responsible and the identification number, if any, if any,
(c) the name of the money institution and the number of the applicant's account, including the money institution's directional code, where the account is set up;
(d) whether the applicant is a payer of value added tax;
(e) place of implementation of emergency plant health measures: municipality, cadastral territory, parcel number and, where appropriate, more precise marking of the place,
(f) the description and the duration of the emergency phytosanitary measures,
(g) a financial statement of the material damage.
(4) The application referred to in paragraph 2 shall be accompanied by:
(a) proof of business (extract from the business register, trade certificate or extract from the register of persons engaged in agricultural production);
(b) the tax authority's registration certificate of the payer;
(c) evidence of ownership or use of the land or objects concerned for any other legal reason;
(d) accounting documents and, where appropriate, tax documents proving the property damage suffered as a result of exceptional plant health measures.
Efficacy
This decree shall take effect on the day of its publication.
Minister:
Ing. Lux v. r.
Příloha č. 1
Annex No 1 to Decree No 83 / 1997 Coll.
Quarantine harmful organisms subject to reporting obligations under § 4 (a) (2) of the Act
(a) quarantine harmful organisms listed in Annex 6, unless listed under (c);
(b) quarantine harmful organisms listed in Annex 7 on plants or plant products listed for the relevant organisms in Annex 7, unless listed under (d);
(c) quarantine harmful organisms when present on land or premises of persons registered under § 7b (1) and § 8 (3) of the Act
- insects and PWN at all stages of development:
1. Bemisia tabaci (Gennadius) 1)
2. Spodoptera exigua (Hübner)
- viruses and virus-like organisms:
1. Beet necrotic yellow vein furovirus;
(d) quarantine harmful organisms on the plants or plant products listed below, only if they are present on land or premises of persons registered in accordance with Sections 7b (1) and 8 (3) of the Act:
| Karanténní škodlivé organismy | Rostliny a rostlinné produkty |
|---|---|
| Hmyz, roztoči a háďátka ve všech stadiích vývoje | |
| 1. Ditylenchus destructor Thorne | cibule, hlízy a oddenky hyacintu (Hyacinthus L.)2), kosatce (Iris L.), zakrslých forem mečíku (Gladiolus Tourn. ex L.) a jejich kříženců (Gladiolus callianthus Marais, Gladiolus colvillei Sweet, Gladiolus nanus hort., Gladiolus ramosus hort., Gladiolus tubergenii hort. a dalších kultivarů), šafránu (Crocus L.), Tigridia Juss a tulipánu (Tulipa L.), určené k |
| 2. Ditylenchus dipsaci (Kühn) Filipjev | |
| 3. Quadraspidiotus perniciosus (Comstock) | |
| 4. Viteus vitifoliae (Fitch) | |
| Bakterie | |
| 1. Apple proliferation phytoplasma | |
| Viry a virům podobné organismy | |
| 1. Plum pox potyvirus |
Příloha č. 2
Annex No 2 to Decree No 83 / 1997 Coll.
Plants, plant products and other objects subject to systematic phytosanitary control pursuant to § 7 (1) (b) of the Act
1. Plants, plant products and other objects
1.1. Haloon plants (Crataegus L.), 1) hare (Pyracantha Roemer), pear (Pyrus L.), apple tree (Malus Mill.), crane (Sorbus L. - except Sorbus intermedia (Ehrh.), quail (Chaenomeles Lindl.), loquat (Eriobotrya Lindl.), mishpule (Mespirus L.), rocky rock (Cotoneaster Ehrh.), slipper (Prunus L. - excluding bobevocovy medical (Prunus laurocerasus L.) and Prunus lusitanica L.] 2) and Stranvaesia Lindl., intended for cultivation, with the exception of seed.
1.2. Plants of hops (Humulus lupulus) and beets (Beta vulgaris L.) intended for cultivation, excluding seed.
1.3. Plants of Stolonoforming and tuber species of the genus Solanum L. or their hybrids intended for cultivation.
1.4. Plants of Fortuna Swingle, Poncirus Raf and their hybrids and vines (Vitis L.), with the exception of fruits and seeds.
1.5 Plants of citrus (Citrus L.) and its hybrids, with the exception of fruits and seeds.
1.6. Seeds and seeds of beans (Phaseolus L.), tomato (Lycopersicon lysopersicum (L.) Karsten ex Farw), 3) sunflower (Helianthus annuus L.) and alfalfa (Medicago sativa L.).
1.7. Wood which:
(a) comes wholly or partly from plants:
- chestnut tree (Castanea Mill.), excluding bark-free wood,
- platinum (Platanus L.), including edged wood, and
(b) is put into circulation as:
- fuel wood (logs, blocks, branches, heating, etc.),
- wood chips or chips,
- residues of wood or wood waste, not agglomerated in blocks, briquettes, pellets, etc.,
- raw wood, including stripped of bark or roughly squared, provided it is not coated or coated with creosote or other preservatives,
- split bars, wooden poles or pins, painted, not sawn lengthwise,
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 83 / 1997 Coll., on the protection against the introduction of harmful organisms on the import, transit and export of plants and plant products and against their spread in the Czech Republic and on systematic phytosanitary inspection |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.04.1997 |
|---|---|
| Effective from | 25.04.1997 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0