plant protection products and auxiliary products

Draft Act amending Act No 326/2004 on plant health care and amending certain related acts, as amended

The Act on phytosanitary care in its current form allows for the registration of plant protection products and plant protection aids containing active substances within the meaning of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC.

The Act is adapted to Regulation (EC) No 7No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market, which regulates the process of registration of plant protection products and auxiliary products and their mutual recognition in Member States and zones. The regulation also regulates marketing rules. The amendment to the Phytosanitary Care Act introduces the labelling of plant protection products for professional users by means of 2D codes, allowing easy traceability of the product at each link in the distribution chain. The draft fully respects the fundamental mission of phytosanitary care, which is to safeguard the health of plants and plant products with regard to food safety, human health, animal health, environmental protection and consumer protection, based on the identification of risks associated with the use of products. Furthermore, the draft aims at adapting the computerisation of records on used products and plant protection aids and their transmission in a specified format over a certain period of time.
In the phytosanitary part, the draft Act also regulates the processes of the Central Institute of Control and Testing of Agriculture in addressing extreme numbers of harmful plant pests. Definitions and procedures for determining the population density of pests are revised, not only where there is economic damage to agricultural production, but also where risks to human, animal or environmental health may arise.
The amendment to Act No 326/2004 contains references to the following European Union legislation:
• Regulation 2016/2031 of 26 October 2016 on protective measures against pests of plants — point 5 [§ 14(5)]
• Regulation No 1107/2009 of 21 October 2009 concerning the placing of plant protection products on the market — point 9 [§ 35(1)(g)] and point No 29 [§ 60(5)]
• Regulation 2019/515 of 19 March 2019 on the mutual recognition of goods lawfully marketed in another Member State — point 26 [§ 54(3) and (4)]

Keywords: protection against pests of plants, plant protection products and auxiliary means, mutual recognition,
electronic registration, placing of plant protection products on the market