Decree of the Ministry of Agriculture No. 90 / 2002 Coll.
Decree of the Ministry of Agriculture laying down measures to ensure the protection of bees, game and fish when using plant protection products
Valid
Effective from 20.03.2002
Text versions:
20.03.2002
Zobrazeno prvních 200 z celkem 208 ustanovení tohoto předpisu.
Zobrazit celý předpis →
Pro stažení celého znění použijte tlačítko Stáhnout výše.
90
DECLARATION
Ministry of Agriculture
of 26 February 2002
laying down measures to ensure the protection of bees, game and fish when using plant protection products
According to Article 45 (4) of Act No. 147 / 1996 Coll., on Phytosanitary Care and Amendments to Certain Related Acts, as amended by Act No. 314 / 2001 Coll., (hereinafter referred to as "the Act"), the Ministry of Agriculture provides for the implementation of § 30 (1), (3) (b), (9) and (11), and § 31 (1) and (3) respectively:
Subject matter
This Decree sets out measures to ensure the protection of bees, (1) animals (2) and (1) fish (1) when using plant protection products (hereinafter referred to as "products') and sets out certain other non-target organisms and measures to protect them from the use of products.
Basic concepts
For the purposes of this decree:
(a) flowering plants of plants, including trees and other trees, on which open flowers are found, which means pestling and dusty flowers on wood;
(b) a flowering crop of plants in which there are on average more than two flowering plants on one square metre at the time of treatment;
(c) plants visited by bees
1. flowering plants; or
2. trees and other trees in the event of the occurrence of mead or other sweet fluids secreted by these plants ("mead").
Some other non-target organisms
(Paragraph 30 (11) of the Law)
Certain other non-target organisms (hereinafter referred to as "other non-target organisms') shall be considered as:
(a) wild terrestrial vertebrates other than game 2 ("terrestrial vertebrates");
(b) aquatic organisms other than fish (hereinafter referred to as "aquatic organisms");
(c) wild terrestrial arthropods which, as parasites, parasites and predators, restrict the presence of harmful organisms (hereinafter referred to as "productive arthropods");
(d) species and groups of species of organisms which live permanently in the soil and contribute to the development and stability of soil fertility, hereinafter referred to as "soil organisms."
Protection of bees
(Articles 30 (1) and 31 (1) of the Law)
Preparations that are toxic to bees according to the Marketing Authorisation (3) and are labelled with a standard sentence for specific risks4) "Preparations for bees toxic 'shall not be applied by air and by any other means to plants visited by bees.
Products which are harmful to bees under the marketing authorisation,
(a) must not be applied when bees are flying;
1. to plants visited by bees,
2. by air on land through which a mass flight of bees is carried out to the source of the collection, traceable from the ground by sight and hearing;
(b) may be applied after the end of the daily flight of bees, no later than the twenty-third hour of each day.
(1) The labelling of preparations by the words "For bees harmful" or "For bees relatively harmless" applies only to the conditions of use laid down in the marketing authorisation for preparation.
(2) The criteria for the labelling of bee protection products are set out in Annex 1.
(1) The products for toxic bees may only be applied at a distance from the plants visited by the bees and from the hives, which, taking into account the method of application, the mechanisation device used and the strength and direction of the wind, ensures that the applied product does not fall on them. In the case of the application of products for bees harmful, that distance shall be maintained when the application is carried out at the time when the bees fly.
(2) Crops under or near trees visited by bees
(a) preparations for bees which are toxic only in such a way as to exclude the introduction of such preparations on flowers and parts of such trees with the presence of mead,
(b) products harmful to bees only in such a way as to prevent the introduction of such products on flowers and parts of such trees with the presence of mead at the time when the bees fly.
(3) Preparations for bees which are labelled with a warning, according to the marketing authorisation, that they may be applied no later than a certain number of days before the flowering of plants or crops, shall not be applied less than that number of days.
(4) Products may only be disposed of, stored or disposed of after use of residues or packaging in such a way as to eliminate the risk to bees.
The average number of flowering plants, including flowering weeds in the grassland, is recorded in strips evenly spread out, 1 m wide and 100 m long, in areas up to 10 ha in five places, in areas above 10 ha in ten places. If there are significant differences in the flowering of parts of the crop, each part shall be assessed separately.
(1) A legal or natural person who is a bee breeder (hereinafter referred to as "bee breeder") shall notify the municipal authority of the location of permanent hives by the end of February each year.
(2) The new location of hives, including nomadic bee breeders, shall be notified to the municipal authority no later than five days before their movement; if the new location is not in the built-up part of the village, the breeder shall attach a simple situation sketch indicating the colony habitat.
(3) If not located in the built-up part of the municipality, the hives shall be marked by the location of a yellow equilateral triangle with a side length of 1m in a horizontal position.
The mass flight of bees to the source of the collection, traceable from the ground by sight and hearing, shall be notified by the bee breeder or by his authorised person to the municipal authority, including the indication of the route of the mass flight, immediately after the announcement of the start of the aerial treatment of the crops (Section 30 (9) of the Act).
Protection of game and terrestrial vertebrates
(Articles 30 (1), (3) and (11) and 31 (3) of the Law)
(1) Products which, according to the decision on their registration (3), are labelled with a standard sentence for specific risks4) "Toxic to animals" are considered to be toxic to animals (1) and terrestrial vertebrates.
(2) Animal toxic products must not be applied in the branches, (2) pheasants, (2) animal reserves, (2) farmed game farms (1) and in places at a distance which does not exclude that, when the product is used and the mechanisation device is used, those products will be affected by the force and direction of the wind.
Common measures for the protection of animals (2) for the use of animal toxic products (Section 31 (3) of the Act) consist of:
(a) in the expulsion of the game (2) from the parcels to be treated immediately prior to the application of these products if the game is threatened by such treatment;
(b) in order to prevent the access of animals (2) to treated parcels by appropriate technical means, such as game scavengers or electric fences, at least for the duration of application of the product if game 2 is threatened by such treatment;
(c) use of the products in such a way as to prevent direct contact of the game (2) with the product;
(d) the exclusion of the application of animal toxic products on authorised hunting grounds or parts thereof marked by the user of the chase at the time when the chicks are hatched or nests with feathered game eggs are present.
Measures to protect terrestrial vertebrates in the use of animal toxic products consist of:
(a) prevent animals from accessing the preparation;
(b) to avoid the possibility of devouring the seed of birds if the seed is contaminated with such a preparation;
(c) excluding the application of these preparations to plants on which spray fluid is collected at a time when there is a risk of birds drinking such liquid.
The criteria for the labelling of animal protection products and terrestrial vertebrates are set out in Annex 2.
Protection of fish and other aquatic organisms
(Paragraph 30 (1) and (11) of the Law)
(1) Products which, according to their marketing authorisation, are identified by standard risk phrases (4) as:
(a) R 50 - Very toxic to aquatic organisms, or
(b) R 51 - Toxic to aquatic life and at the same time
(c) R 53 - It may cause long-term adverse effects in the aquatic environment,
are considered hazardous to the environment.
(2) Products dangerous to the environment shall not enter surface water, either in the form of spray fluid or in any other way.
(3) The criteria laid down in specific legislation shall apply to the labelling of products with regard to the protection of fish and other aquatic organisms .5) For acute toxicity tests of individual substances and preparations, the methods contained in the relevant technical standards shall be used. 6)
Protection of useful arthropods
(Paragraph 30 (11) of the Law)
(1) The effects of preparations on useful arthropods are assessed in accordance with the criteria set out in Annex 3.
(2) Products identified as toxic to useful arthropods according to the decision on their registration (3) cannot be used in ecosystems where integrated plant protection is applied.
Protection of soil organisms
(Paragraph 30 (1) and (11) of the Law)
(1) The effects of preparations on soil organisms are to be assessed against the criteria set out in Annex 4.
(2) Products which, according to the marketing authorisations, are marked with a standard sentence for specific risk (4) "Toxic to soil organisms" shall not be re-applied to the same parcel before the instructions for use (Section 26 (3) of the Act).
Method of declaring the start of the aerial treatment of crops
(Articles 30 (9) and 31 (1) of the Law)
The start of the aerial treatment of the crop shall be declared by the municipal authority no later than the eighteenth hour before the date on which the treatment will be carried out, in a manner and by means enabling the breeders of bees to be informed as quickly as possible.
Aerial applications of products which are harmful to bees according to the marketing authorisation may be carried out only in such a way as to prevent the impact of hives and the notified mass flight path of bees with the applied product and to ensure the protection of bees in accordance with § 4 to 10.
Method of sampling
(Paragraph 32 (1) of the Law)
(1) A sample of about 60 grams of dead bees, that is about 500 head, and a sample of treated crops of at least 200 grams, shall be taken to investigate the cause of death of bees. The samples shall be marked and packed in breathable solid packaging and delivered for analysis no later than 72 hours after treatment of the crops.
(2) A sample of fish freshly dead or of fish with signs of poisoning is taken in tanks with a single-ring assembly of 5 to 20 pieces, depending on the weight and circumstances of the mortality. 3 to 5 pieces of species most frequently occurring between fish with signs of poisoning or dead fish are collected in tanks with multispecies and running waters. At the same time, samples of contaminated water of 4 litres and sediments of 2 kg bottom are always taken.
(3) A sample of the animal to be tested is the body of a dead animal or an animal with signs of poisoning, possibly only body tissue, body fluid or dissolution of animals in the amount necessary for the examination as determined by the district veterinary administration (Section 32 (1) of the Act).
Transitional provision
For products which have been put into circulation before the entry into force of this Decree, their labelling shall be used to ensure the protection of bees, game, fish and other aquatic organisms in accordance with the existing rules until the expiry of the period of application of those products on their packaging.
Final provisions
Decree No. 40 / 1997 Coll., laying down details on the protection of bees, game and fish when using plant protection products, is hereby repealed.
This decree shall take effect on the day of its publication.
Minister:
Ing. Fencl v. r.
Příloha č. 1
Annex No 1 to Decree No 90 / 2002 Coll.
Criteria for the labelling of bee protection products
1. The product is marked with a standard sentence Toxic to bees
on the basis of the following criteria:
1.1. The exposure of bees is possible; and
1.2 QH is > 2500 and LT 50 is > 8 h, or
1.3 as a result of administration of the product shows a negative effect on
(a) bee fruit; or
(b) the behaviour of bees; or
(c) the colony caused by the contact of intoxicated bees with bees in the colony ("secondary residual effects").
The label for a toxic product to bees shall include a warning:
"The product must not be applied to flowering plants, flowering crops and flowering trees or trees in the presence of mead!"
"The product must not come into direct contact with bees."
2. The product shall be labelled as a harmful product for bees based on the following criteria:
2.1. The exposure is possible, and
2.2 QH is > 2500 and simultaneously LT50 is < 8 h, or QH is > 50 to < 2500; and
2.3 as a result of application of the product, there is no negative effect on the bee's foetus, on the behaviour of the bees, or on secondary residual effects.
The product label for harmful bees shall include a warning:
"The product must not be applied to flowering plants, flowering crops, and flowering trees or trees at the time of the occurrence of mead while bees fly; on completion of the daily flight, bees may be applied no later than twenty-third hour! '
3. The product shall be labelled as
"The product is relatively harmless to bees with respect to the prescribed dose or spray fluid concentration based on the following criteria ':
3.1. Exposure is not possible; or
3.2 exposure is possible but QH is < 50 and no negative effect on the bee foetus or bee behaviour or secondary residual effects is present as a result of the administration of the product.
4. The label for a toxic product to bees or to a harmful product shall include the following:
"The use of the product is governed by Decree No. 90 / 2002 Coll.!"
Notes:
1. QH is a risk factor (risk quotient) which is calculated using the formula:
QH = maximum dose in g.ha-1LD5024 h per μg per bee
2. The LT50 expresses the mortality of 50% of the subjects after administration, depending on the time; LT50 (8h) means 50% mortality after 8 hours of application.
3. LD50 is a lethal dose at which 50% of the subjects die after single administration.
4. The effects of the product shall be assessed in the light of individual criteria and in a coherent context, in order to best characterise the classification of the product in terms of bee protection.
Příloha č. 2
Annex No 2 to Decree No 90 / 2002 Coll.
Criteria for the labelling of products with regard to the protection of game and terrestrial vertebrates
1. The product is marked with a standard sentence
Toxic to animals based on the following criteria:
1.1 exposure to game and other wild terrestrial vertebrates is possible,
1.2 TERa is < 10 [acute toxicity ratio in LD50 / short-term exposure (ETE)],
1.3. TER lt is < 5 [chronic toxicity ratio in LD50 / long-term exposure (ETE)],
1.4. The fat-related bioconcentration factor (BCF) is > 1,
1.5. For non-animal birds exposed to granular formulation, acute LD50 < 50 mg product / kg body weight.
The label for a product dangerous to animals shall include a warning corresponding to the risk, for example, as selected from the following models:
(a) "The product must not be used on parcels the surface of which is bare, uncoated with vegetation!"
(b) "Granules of the preparation are dangerous to birds, when applied they must be sealed with vegetation."
(c) "The product is dangerous for birds, not to be used to spray lettuce, brassica vegetables and other plants at a time when the spray fluid is accumulating on them and the birds can drink it!"
(d) "Seed infested with preparation is dangerous for birds!"
(e) "The use of the product is governed by Decree No. 90 / 2002 Coll.!"
Notes:
1. The warnings referred to in points (a) and (b) shall apply if ingestion of 10 or less granules of the preparation by an individual of the exposed species of birds may cause death. The appropriate words for the warning referred to in point (b) shall be chosen according to the type of product.
2. The warning referred to in point (c) shall apply if LD50 of the most sensitive exposed bird species is contained in less than 100 ml of spray fluid.
3. TER is an abbreviation for "Toxicity Exposure Ratio (ratio: toxicity / exposure), whereby" TER a "applies to acute toxicity in conjunction with short-term exposure and" TER lt "applies to chronic toxicity and long-term exposure.
4. ETE is an abbreviation for the "Eestimated Theoretical Exposure."
Příloha č. 3
Annex 3 to Decree No 90 / 2002 Coll.
Criteria for assessing the effects of preparations on useful arthropods
1. Effects shall be assessed in relation to a species of parasite, parasite or predator, if possible.
2. Evaluation scheme:
| Označení přípravku | Mortalita nebo snížení užitečnosti1) určitého druhu užitečného členovce ve zkouškách | |
|---|---|---|
| laboratorních2) | polních a poloprovozních2) | |
| Toxický | > 99% | > 75% |
| Škodlivý | 81 - 99% | 51-75% |
| Slabě škodlivý | 30 - 80% | 25 - 50% |
| Relativně neškodný | < 30% | < 25% |
1) Reducing utility involves the overall impact of the product on mortality and reproduction of a particular type of useful arthropod.
(2) Laboratory tests shall be considered as indicative. Depending on the nature of a particular type of useful arthropod and the environment where field and semi-operational tests are required to specify the product designation.
Příloha č. 4
Annex No. 4 to Decree No. 90 / 2002 Coll.
Criteria for assessing the effects of preparations on soil organisms
1. The product is marked with a standard sentence Toxic to Soil Organisms
Based on these criteria
1.1 exposure to soil organisms is possible,
1.2 worms:
- TER *) and is < 10 (acute / short-term exposure ratio)
- TER *) lt is < 5 (chronic / long-term exposure ratio)
1.3. Microorganisms:
negative effect of transformation
- nitrogen, or
- carbon
after 100 days in laboratory conditions is > 25% and negative results are obtained in additional tests.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Ministry of Agriculture No. 90 / 2002 Coll., laying down measures to ensure the protection of bees, game and fish when using plant protection products |
|---|---|
| Regulation Type | - |
| 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.
Comments 0