Decree of the Ministry of Agriculture No. 89 / 2002 Coll.
Decree of the Ministry of Agriculture on the protection against the introduction, transit and export of plants, plant products and other objects and against their spread within the Czech Republic and on systematic plant health control
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Order
Effective from 20.03.2002
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89
DECLARATION
Ministry of Agriculture
of 26 February 2002
on the protection against the introduction into, transit and export of plants, plant products and other objects and against their spread within the Czech Republic and on systematic phytosanitary inspection
The Ministry of Agriculture, after consulting the Ministry of Transport, 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 Amendments to Certain Related Acts, as amended by Act No. 409 / 2000 Coll., Act No. 314 / 2001 Coll., (hereinafter "the Act ') and in accordance with the law of the European Communities (1)
(1) 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 at a specific place or area,
(c) indexed - any procedure to demonstrate the presence of phytoplaques, viruses, viroids or similar harmful organisms in susceptible (marker) plants,
(d) played wood - wood free of natural rounded surface,
(e) seed - seeds intended for cultivation which are plants under Article 2 (2) of the Act,
(f) grain - seeds which are plant products pursuant to Article 2 (3) of the Act,
(g) final consumer - a person who does not engage in plant production and uses plants or plant products only for his own use and does not put them into circulation;
(h) by a commercial customer - a legal or natural person who, in the course of business, is engaged in the cultivation of plants and / or plants purchased from them produced by them, where appropriate, put into circulation;
(i) place of production - any site, plot or set of land used as a separate production unit;
(j) an area free from a particular harmful organism - a territory in which there is no particular harmful organism, which is officially documented and in which, if necessary, official measures are applied to maintain this condition,
(k) continuous operating mode - a mode of operation where plant health checks are carried out at the point of entry at import and transit without time limits, 24 hours a day, 7 days a week,
(l) intermittent operating regime - an operational regime in which the worker of the plant health administration is present at the point of entry and the performance of the plant health inspection of consignments at import and transit is carried out only at the specified operating time and as determined by the notification of the plant health administration;
(m) an operating call regime - a special operating regime whereby the presence of a plant health worker at the point of entry shall be ensured in advance by the importer or declarant, upon prior request, in a manner specified for each point of entry in public contact; where appropriate, an inspection of the consignment shall be agreed at the time specified in the operating rules of the point of entry.
(2) For the purposes of this decree:
(a) by the Member States of the European and Mediterranean Plant Protection Organisation (EPPO) - the States whose list is published annually by the State Plant Health Administration (hereinafter referred to as the Plant Health Administration) in the Ministry of Agriculture Bulletin (hereinafter referred to as the Bulletin) and on its website,
(b) European countries - Albania, Andorra, Belgium, Belarus, Bosnia and Herzegovina, Bulgaria, Czech Republic, Denmark, Estonia, Faeroe Islands, Finland, France, Gibraltar, Croatia, Ireland, Iceland, Italy, Canary Islands, Kazakhstan (European Part), Cyprus, Liechtenstein, Lithuania, Latvia, Luxembourg, Hungary, Macedonia, Malta, Moldova, Monaco, Germany, Netherlands, Norway, Poland, Portugal, Austria, Romania, Russia (European Part), Greece, San Marino, Slovakia, Slovenia, United Kingdom and Northern Ireland, Yugoslavia, Spain, Sweden, Switzerland, Turkey (European Part), Ukraine, Vatican,
(c) non-European Mediterranean countries - Algeria, Ceuta, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Melilla, Syria, Tunisia, Turkey,
(d) North American countries - Greenland, Canada, Saint Pierre and Miquelon, United States of America,
(e) American countries - all countries of North, Central and South America, including the islands;
(f) continental American countries - all countries of North, Central and South America, except the islands,
(g) United States of America - Alabama, Alaska, Arizona, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, South Dakota, South Carolina, California, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Mississippi, Missouri, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New York, New Mexico, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, North Dakota, North Carolina, Tennessee, Texas, Utah, Vermont, New Mexico, Washington, Washington, Washington, Washington D. C., Wisconsin, Wyoming, West Virginia.
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.
Registration of legal and natural persons
(K § 7 (1) and (3), § 7a and § 8 (3) of the Act)
(1) Plants, plant products and other objects and consignments which are subject to the obligation to register persons pursuant to Articles 7 (1) and 8 (3) of the Act, hereinafter referred to as "risk plants," are listed in Annexes 2 and 3.
(2) The competent persons (Section 7 of the Act) shall apply for registration in writing. The model of the application for registration shall be provided by the plant health authority to the applicants, which shall publish this model and the manner in which the application is submitted in the Bulletin and on its website. The application shall include:
(a) the date of birth, the name and surname of the applicant or of the trading firm, if any, if it is a natural person, or the name or business name of the applicant, if it is a legal person, and the identification number, if any;
(b) the address of the applicant for service and the registered office, if any,
(c) the name, surname and address of the person or persons authorised by the applicant to deal with the plant health administration for service;
(d) the scope of registration for the risk plants listed in Annexes 2 and 3 which the applicant intends to put into circulation;
(e) whether the applicant intends to apply for the issue of replacement plant passports ("replacement passport") pursuant to Article 7 (1) of the Act.
(3) The registration number shall be assigned by the plant health service to the persons whose registration it has decided on (hereinafter referred to as the registered person). The registration number thus assigned shall not be transferable to another person.
(4) The official register referred to in Article 7 (1) of the Act contains:
(a) the date of birth, the name and surname of the registered person, or the trading firm, if any, if it is a natural person, or the name or business name of the registered person, if it is a legal person, and the identification number, if it is assigned,
(b) the address to be served and the registered person's registered office, if any,
(c) the registration number assigned to the registered person by the plant health administration;
(d) whether or not a registered plant is imported, grown or produced by a registered person, whether or not it intends to apply for the issue of replacement passports under Article 7 (1) of the Act and whether or not it has been authorised to issue plant passports under Article 7e (4) of the Act;
(e) details of the termination, interruption, renewal or modification of the activity for which registered persons are registered.
(5) To the extent of their registration, registered persons shall keep a continuous record of the plants grown, produced, stored or otherwise used and of the risk plants listed in Annex 2 and of the imported plants listed in Annex 3. The record shall include:
(a) records of species, varieties and quantities of plants at risk, including categories of generations of propagating material, 2)
(b) records and documents of origin, purpose of production, cultivation, handling, import and storage of plants at risk and their transfer or transfer to other persons;
(c) records of locations, (3) where risk plants are grown, produced, stored or otherwise handled;
(d) records and documents relating to the care and evaluation of the health status of plants at risk, including records of inspections carried out by a registered person pursuant to Article 7a (1). (c) the law;
(e) records of plant health checks carried out by the plant health administration and records of plant passports issued, indicating the particulars referred to in Article 6 (2) (d).
(6) The records and documents referred to in paragraph 5 shall be kept by registered persons for at least one year from the date on which the last transfer or transfer of rights to risk plants took place.
(7) Registered persons shall notify the phytosanitary authorities of the data referred to in Section 7a (d) (2) of the Act on the forms they receive from the phytosanitary authorities at the same time as the registration decision. The plant health authorities shall notify the data referred to in Section 7a (d) (1) of the Act without delay.
(8) The specific requirements for limiting the spread of quarantine harmful organisms which are carried out by registered persons under Section 7a (e) of the Act are set out in Annex 4.
Continuous phytosanitary inspection
(K § 7c (3) of the Act)
The following shall be ascertained by continuous phytosanitary checks:
(a) the presence of quarantine harmful organisms listed in Annexes 8 and 9; and
(b) that the specific requirements for limiting the spread of quarantine pests listed in Annex 4 are met.
Conditions for movements of plants at risk in relation to the protected zone
(K § 7d (3) of the Act)
(1) Risk plants subject to measures in relation to a protected zone and coming from outside that zone may only be moved through a protected zone with a final location outside it without a plant passport valid for that zone under the following conditions:
(a) the packaging used and the vehicles transporting hazardous plants must be clean and free from the relevant quarantine pests and must be secured in such a way that there is no risk of spreading the relevant quarantine pests during transport in the protected zone and that the identity of those plants is maintained; and
(b) the plants at risk shall bear a document which is usually used for transport purposes indicating that they come from outside the protected zone and that they are intended for a place outside that zone.
(2) Where it is found during plant health surveillance that the conditions laid down in paragraph 1 are not fulfilled, the plant health authorities shall immediately seal the packaging with the relevant risk plants and transport them under official supervision to places outside the protected zone.
Forms of plant passports and details for their display and consent to their display
(K § 7e paragraphs 1, 2, 4 and 6 of the Act)
(1) The plant passport shall consist of an official label and, where appropriate, an accompanying document containing the particulars referred to in paragraphs 2 and 3 respectively. The label shall be unused and shall be made of suitable material to prevent its deterioration or deterioration. An accompanying document shall not be required if all the particulars referred to in paragraph 2 are indicated on the label.
(2) The plant passport comprising only a label contains the following particulars:
(a) the designation "CZ- Plant Health Passport,"
(b) the designation "State Plant Health Administration" or "SRS,"
(c) the registration number assigned to the registered person by the plant health administration;
(d) identification of the lot of the plants at risk (e.g. the serial number of the plants at risk or the serial number of the week of the year concerned or the batch number or packaging of the plants at risk),
(e) the scientific botanical name of the plants at risk;
(f) the quantity of plants at risk;
(g) the distinguishing mark "CHZ" (protected zone) with the code of the relevant protected zone (only for risk plants intended for the protected zone);
(h) the distinguishing mark "NP" (replacement passport) and the registration number of the original grower, importer or producer (only for risk plants for which the original plant passport has been replaced by another passport);
(i) the distinguishing mark "KZ" (country code) with the country code or exporting country (only for plants imported from abroad).
(3) Where the plant passport consists of a label and an accompanying document, the label shall contain at least the particulars referred to in points (a) to (d) of paragraph 2 and the accompanying document the particulars referred to in points (a) to (f) of paragraph 2 and, where appropriate, the particulars referred to in points (g) to (i) of paragraph 2. The accompanying document may also contain additional information, but must be clearly separated from the information referred to in paragraph 2.
(4) The particulars referred to in paragraph 2 shall be completed in full and legibly in block letters, if the relevant boxes in the plant passport are pre-printed or typescript, in the Czech language. Any repairs or erasures in the plant passport shall be officially verified, otherwise the plant passport shall be invalid.
(5) Where a registered person is authorised to issue plant passports pursuant to Article 8 (1), for potato plants (Solanum tuberosum L.) intended for cultivation (seed potatoes), the plant passport made up by the label shall be considered to be exclusively an official label in accordance with the specific legislation4, supplemented by the particulars referred to in paragraph 2 (a) and (b).
(1) The plant health administration shall issue the plant passport to a person registered under Article 7 (1) of the Act upon request. Application to be made
(a) the plant health authority at the place where the plant health inspection is carried out on importation, if it is for imported plants at risk; or
(b) the department of the plant health administration responsible locally for the parcels or objects on which or where the risk plants on which passports are to be displayed are located, in good time before their expected movement.
(2) The issue of plant passports shall include their completion and complete and correct completion.
(3) The label must be affixed to the relevant risk plants, their packaging or means of transport so that it cannot be reused.
(1) The plant health service may grant a registered person authorisation to issue plant passports only on the risk plants put into circulation by that person, provided that such authorisation is requested by the plant health service and submitted to him a proposal for models of plant passports and that the plant health authority finds that the applicant is fit to comply with the procedure laid down in Article 7 (2) when issuing such passports and that he is able to keep records in accordance with Article 3 (5). The model of the application for authorisation to issue plant passports is set out in Annex 5.
(2) Authorisations may not be granted for the issue of replacement passports.
(3) The plant health service shall grant consent to the issue of a plant passport to a person authorised to issue such passports in accordance with paragraph 1, provided that such consent is requested in due time before the expected movement of the plants at risk.
(a) the department of the plant health administration responsible locally for the parcels or objects on or in which the risk plants on which passports are to be exposed are located; or
(b) plant health management at the place where plant health checks are carried out on imports of plants at risk
and if the plant health authority finds that there is no risk of spreading the quarantine harmful organisms listed in Annexes 8 and 9 and harmful organisms referred to in Article 11 (2) of the Act when putting the relevant risk plants into circulation and that specific requirements to limit the spread of the quarantine harmful organisms listed in Annex 4 are met.
Replacement of plant passports
(K § 7e (6) of the Act)
(1) The plant health administration may replace the plant passport by an alternative passport only if:
(a) where the supply of plants at risk is divided or where several supplies or parts thereof are combined or the health status of plants at risk changes; and
(b) where the risk of contamination by quarantine harmful organisms is excluded, and
(c) where, in due time, a person registered under Article 7 (1) of the Act so requests, the local competent department of the plant health administration or, where appropriate, the plant health administration at the place where the plant health inspection is carried out on imports of plants at risk.
(2) Paragraph 6 applies mutatis mutandis to replacement passports.
Record keeping of plant passports
(K § 7e (3) of the Act)
The legal and natural persons referred to in § 7e (3) of the Act shall keep records of plant passports with the data referred to in § 6 (2) (d), (e) and (f).
Consignments subject to phytosanitary control
(Paragraph 8 (2) and (7) 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 (7) of the Act when entering the Czech Republic are listed in Annex 3.
Plant health certificate
(Articles 8 (8) and 9 (1) 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) they must be completed in full and legibly in capital letters or typescript, in the English, French, German, Spanish, Slovak or Czech languages, with scientific botanical names, and must bear the stamp of the authorised authority and the signature of the authorised person; in the case of officially uncertified changes, overwriting and deletion of text, the certificate shall be deemed to be invalid.
(2) The plant health certificate and phytosanitary certificate for re-export must contain the following information:
(a) the certificate number,
(b) the country and the name of the competent authority of the phytosanitary treatment which has issued the certificate;
(c) the country to which the certificate is addressed to the phytosanitary authority;
(d) the name and surname of the exporter or, where applicable, of the company, if it is a natural person, or the name or business name of the exporter, if it is a legal person, and the address of the exporter to be served and the place of export concerned;
(e) the registered name and surname of the consignee or, where applicable, of the business firm, if it is a natural person, or the registered name or business name of the consignee, if it is a legal person, and the address of the consignee to be served and the relevant destination of the consignment;
(f) number and description of packaging,
(g) distinguishing features of the package,
(h) the place of origin of the consignment;
(i) means of transport declared;
(j) the declared point of entry;
(k) the botanical name of the plants in the consignment or the plants from which the plant product has been produced in the consignment or the name of another article, the number and description of the packaging;
(l) the declared quantity of plants, plant products or other objects,
(m) if the plant health certificate, confirmation that the relevant plants, plant products or other objects have been inspected or tested in accordance with the relevant official procedures and are considered free of quarantine harmful organisms specified by the importing country and comply with the current quarantine requirements of the importing country;
(n) if the plant health certificate for re-export is concerned, confirmation that the relevant plants, plant products or other objects:
1. have been imported into that reexporting country from that country of origin of the consignment and have been accompanied by a phytosanitary certificate the original or certified copy of which is attached to that phytosanitary certificate for re-export;
2. are packed in original packaging or have been changed into original packaging or new packaging;
3. are considered to satisfy the current quarantine requirements of the importing country on the basis of the original phytosanitary certificate or additional checks;
4. During storage in the reexporting country, they were not exposed to the risk of infestation by harmful organisms;
(o) Additional declaration;
(p) data on disinfectant or disinfectant treatment (date, method of treatment, product and active substance used, duration and temperature, concentration, additional information),
(r) the place and date of issue of the certificate;
(s) the name, surname and signature of the authorised person of the competent plant health authority;
(t) the stamp of the competent authority of phytosanitary treatment,
(u) a statement, if any, that no financial obligations are incurred by the competent authority of plant health or its authorised persons or representatives under this certificate.
Where the particulars in the phytosanitary certificate or the phytosanitary certificate for re-export bearing the imported consignments do not show the identification details of the registered person referred to in Article 3 (4) (a), the applicant for the phytosanitary inspection on importation and transit of consignments shall indicate them to the phytosanitary authorities.
(3) The models of the phytosanitary certificate and the phytosanitary certificate for re-export, issued at the time of export and re-export from the Czech Republic, are set out in Annexes 6 and 7.
(4) Where a consignment is imported into the Czech Republic from a country other than its country of origin, or a consignment originating in another country is exported from the Czech Republic and such consignments have been stored, transhipped, repackaged or split into the territory of the exporting country, they must be accompanied by a phytosanitary certificate from the exporting country. If for reasons of substance
(a) when imported into the Czech Republic, this certificate does not fully confirm the health status of the consignment in accordance with the applicable quarantine requirements of the Czech Republic; or
(b) when exported from the Czech Republic, the health status of the consignment cannot be fully confirmed in accordance with the quarantine requirements in force of the importing country;
the consignment must be accompanied by a phytosanitary certificate for re-export of the exporting country 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 8 and consignments with their presence;
(b) consignments with the presence of quarantine pests listed in Annex 9 on the plants or plant products listed in that Annex;
(c) consignments listed in Annex 10 from countries listed in that Annex;
(d) consignments which do not comply with the specific requirements set out in Annex 11.
(2) The plant health service declares a ban on import and transit, or other measures under Article 11 (2) of the Act in the Bulletin and on its website.
(3) The import and transit ban provided for in paragraph 1 (c) and (d) does not apply to the exporting countries in which the plant health authorities have examined:
(a) the conditions for the cultivation of the relevant plants or the production of the relevant plant products or other objects;
(b) the manner and extent of the survey carried out on the presence of the relevant quarantine pests; and
(c) the possibilities and methods of protection against the spread of the relevant quarantine harmful organisms;
concluding that taking into account the origin, appropriate treatment or specific preventive measures for the use of such plants, plant products or other objects, the risk of introduction of quarantine harmful organisms upon importation of certain consignments into the Czech Republic is excluded. Such examination shall be based on available scientific and technical knowledge and, where appropriate, on the results of the further investigation and, if necessary, on the results of the investigation carried out in the country concerned. Those countries and requirements, which are not at risk of introduction of quarantine harmful organisms, shall establish and publish the plant health administration in the Bulletin and on its website.
Entry points
(K § 12 (1) of the Act)
(1) The list of entry points for carrying out plant health checks is set out in Annex 12.
(2) The minimum conditions for carrying out plant health checks at points of entry are set out in Annex 13.
(3) The working time of the operating mode of the entry points shall be determined and published by the Plant Health Administration in the Bulletin and on its website.
(4) Consignments subject to plant health control pursuant to Section 8 (2) of the Act, as listed in Annex 3, and consignments subject to that control under Section 8 (4) of the Act may be imported or accompanied outside the entry points where:
(a) they are transported to the place where the plant health inspection is carried out in sealed and undamaged packages or with an intact seal, 5); and
(b) the place where the plant health checks on such consignments are carried out in inland waters complies with the conditions set out in Annex 14.
Plant health checks on importation and transit and post-importation plant health checks
(K § 12a paragraphs 1 and 2, § 12b paragraphs 1, 3, 6 and 7 of the Act)
(1) The specific requirements for imported and accompanying consignments are set out in Annex 11. Compliance with the specific requirements shall be confirmed by the competent authority of the phytosanitary service of the exporting country by issuing a phytosanitary certificate and, where treatment is concerned with plant protection products, by filling in the part "Dissection or disinfection 'of that certificate.
(2) Plant health checks may be carried out outside the entry points if:
(a) the consignment is transported to the place where the plant health inspection is carried out in sealed and undamaged packages or with an intact seal, (5); or
(b) the consignment to that place shall be indicated in writing by the phytosanitary service from the point of entry.
(3) The plant health service shall refer the consignment to carry out or complete a plant health check outside the points of entry if:
(a) a more time-consuming or complex laboratory analysis or a detailed inspection of the consignment at or after unloading is required; or
(b) when carrying out plant health checks at the point of entry, there is a risk of damage to the consignment by extreme temperatures.
The place and conditions for carrying out such plant health checks shall be notified by the phytosanitary authority to the declarant, (6) the carrier and the customs authority at the point of entry and shall at the same time indicate on the transport document that the consignment is required to carry out or complete the plant health inspection outside the point of entry.
(4) At a place other than the point of entry proposed by the registered importer for carrying out the plant health inspection, the consignment may be unloaded from the means of transport before the start of the inspection only if the importer of the consignment requests in writing, at the latest 30 days before the expected import, the plant health service to check the place and the plant health service finds and confirms, by protocol, that the place complies with the conditions set out in Annex 14.
(5) Where the presence of a quarantine pest has been detected only in part of the consignment and it is clear that the remaining part of the consignment is not contested, the affected part of the consignment shall be handled in accordance with Section 12b (1) (b) of the Act and the remaining part may be placed under the proposed customs procedure, (7) subject, where appropriate, to exceptional plant health measures.
(6) The decision to dispose of the consignment or part of the consignment under Section 12b (1) of the Act shall be delivered by the phytosanitary service to the declarant and to the customs authority.
(7) The subsequent post-importation plant health inspection provided for in Article 12b (3) of the Act shall be subject to the plants intended for cultivation listed in Annex 15, after they have been sown or planted in a temporary or permanent post on land or in the premises of commercial customers of those plants.
(8) Where the plant health authority has decided to dispose of the consignment or part of the consignment pursuant to Article 12b (1) (b) of the Act (hereinafter referred to as "detention of the consignment '),
(a) indicate the relevant phytosanitary certificate issued for that consignment as invalid by issuing, in conspicuous place on the face side, a stamp in the form of an equilateral triangle 50 mm long in red with the text "cancelled" and indicate the name and surname of the authorised person in capital letters and the date of the loading decision; and
(b) inform the phytosanitary service of the exporting country by means of an official communication, indicating the information referred to in Annex 16, within two working days of the date of the decision to detain the consignment or part thereof; it shall send an official communication to the EPPO.
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Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 89 / 2002 Coll., on the protection against the introduction of harmful organisms on importation, transit and export of plants, plant products and other objects and against their spread within the Czech Republic and on systematic phytosanitary inspection |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.03.2002 |
|---|---|
| Effective from | 20.03.2002 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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