Taimekaitseseadus (TaimKS)

§ 1. Scope of application of Act

(1) This Act regulates:

(1) the protection of plant health, clarifying and supplementing Regulation (EU) 2016/2031 of the European Parliament and of the Council on protective measures against pests 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 (OJ L 317, 23.11.2016, pp 4–104);

2) the placing on the market, distribution and use of plant protection products, clarifying and supplementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, pp 1–50);

3) the use of plant protection equipment.

(2) This Act provides for the following:

(1) rules aimed at implementing Regulation (EU) No 2016/2031 of the European Parliament and of the Council, Regulation (EC) No 1107/2009 of the European Parliament and of the Council and Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 07.04.2017, pp 1–142);

2) rules transposing Directive 2009/128/EC of the European Parliament and of the Council establishing a framework for Community action to achieve the sustainable use of pesticides (OJ L 309, 24.11.2009, pp 71–86);

3) procedure for regulatory enforcement and administrative supervision of compliance with the plant health requirements, the requirements for placing on the market, distribution and use of plant protection products and use of plant protection equipment;

4) liability for violations of the requirements for plant health and use of plant protection products and equipment.

(3) The provisions of the Administrative Procedure Act apply to the administrative proceedings provided for the legislation of the European Union and in this Act, taking account of the specifications of Regulation (EU) 2017/625 of the European Parliament and of the Council, other legislation of the European Union and this Act.

(4) Within the limits of their competence, the minister in charge of the policy sector may establish a legal instrument implementing plant health requirements and requirements applicable to plant protection products and equipment and their use in a matter which, according to the European Union legislation, falls within the competence of Member States.

§ 2. Notification

(1) The Agriculture and Food Authority notifies in writing the European Commission, the competent authorities of other Member States and the Ministry of Regional Affairs and Agriculture about detecting pests, application of plant health measures, violations of plant health requirements, authorisations of plant protection products, technical inspectors and operations where these must be notified of in accordance with the legislation of the European Union.

(2) Plant health measures include pest control measures established in the legislation of the European Union, this Act and legislation established on the basis of this Act.

§ 2¹. Competent authority

(1) Unless otherwise provided for in this Act, the Agriculture and Food Authority is the competent authority for the purposes of:

1) Article 2(6) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

2) Article IV(1) of the International Plant Protection Convention;

3) Article 3(3)(a) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, performing official controls in the fields specified in Articles 1(2)(g) and (h) of the Regulation;

4) Article 3(30) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(2) The Agriculture and Food Authority performs the tasks provided for in Articles 26, 32(4) and 35(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 2². Delivery of decision

Where a decision made on the basis of this Act is delivered by post, it may be delivered by unregistered post, registered post or registered post with advice of delivery.

§ 3. Plant, plant product and other object

(1) For the purposes of this Act, ‘plant’ means a plant for the purposes of Article 2(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council.

(2) For the purposes of this Act, ‘plant product’ means a plant product for the purposes of Article 2(2) of Regulation (EU) 2016/2031 of the European Parliament and of the Council.

(3) For the purposes of this Act, ‘other object’ means other object for the purposes of Article 2(5) of Regulation (EU) 2016/2031 of the European Parliament and of the Council.

§ 3¹. Consignment and batch

(1) For the purposes of this Act, consignment means a collection of plants, plant products or other objects transported inside one state or from one state to another and concerning which a phytosanitary certificate, an invoice or another consignment document has been issued. A consignment may consist of one or more lots for the purposes of Article 2(7) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council. A consignment must be identifiable.

(2) For the purposes of this Chapter, ‘marketing’ means the offer for sale, sale and transfer in any other manner, free of charge or for a fee, of plants, plant products and other objects.

(3) For the purposes of this Act, ‘final user’ means a final user for the purposes of Article 2(12) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 4. Pest

For the purposes of this Act, ‘pest’ means a pest specified in Articles 4, 6 and 29 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 5. Plant health

(1) For the purposes of this Act, ‘plant health’ means the condition of a plant, plant product, plot of land, plantation and other object.

(2) Plants, plant products and other objects are either free from pests or contaminated, in danger of contamination or suspected of contamination with pests.

(3) The Agriculture and Food Authority declares a plant, plant product or another object to which a pest has spread as contaminated on the basis of collected observation data and other relevant information.

(4) A plot of land, a building or civil engineering works that is situated in the vicinity of a plant, plant product or other object declared to be contaminated and contains plants which are suitable for spreading a pest is in danger of contamination. The danger of contamination exists until the destruction of the pest.

(5) A plant, plant product or other object is suspected of contamination where the Agriculture and Food Authority based observation data or other relevant information declares it to be suspected of contamination. A thing that has come in contact with a contaminated plant, plant product or another object to which a pest may have spread, or a facility where a contaminated plant, plant product or another object is taken, is also suspected of contamination. The suspicion of contamination remains until the results of supervision which confirm contamination or absence of pests become clear or until the extinguishment of the obligation to take control measures.

§ 6. Plant health requirements

(1) Plants, plant products and other objects must be pest-free and comply with the special requirements of plant health.

(2) In event of non-compliance with the requirements established on the basis of subsection 1 of this section, a plant, plant product or other object is declared being suspected of contamination.

(3) A person possessing a plant, plant product or other object ensures conformity with the requirements provided for in subsection 1 of this section, unless otherwise provided for in this Act.

§ 7. Prohibition to spread pests

(1) It is prohibited to spread pests.

(2) The creation of favourable conditions for the spreading of pests as expressed by the failure to notify of pests or the failure to implement control measures is also deemed to be the spreading of pests.

(3) A person who deliberately spreads pests is required to compensate the costs relating to the control thereof and damage caused.

§ 8. Notification of pest

A person who ascertains the occurrence of a pest or who suspects the occurrence of a pest must notify the Agriculture and Food Authority promptly thereof.

§ 9. Control measures against pest

(1) In the event of existence of a pest or suspicion of contamination or danger of contamination, the control measures established in this Act, in legislation established on the basis thereof or in relevant legislation of the European Union are implemented.

(2) Control measures against pests are defined as restrictions applied in order to prevent the spreading of a pest or the destruction of a pest in the prescribed manner.

(3) Control measures against pests include the following:

1) restriction on cultivation for a specified term;

2) the obligation to select resistant crops and varieties;

3) the prohibition of the use and marketing of plants, plant products and other objects which are contaminated, in danger of contamination or suspected of contamination;

4) the restriction on the use of plants, plant products and other objects that are contaminated, in danger of contamination or suspected of contamination;

5) the obligation to purify or destroy plants, plant products and other objects that are contaminated or suspected of contamination;

6) the obligation to organise control;

7) the obligation to destroy host plants;

8) the obligation to disinfect buildings, civil engineering works and other objects that are contaminated or suspected of contamination.

(4) Control measures appropriate to the species of a pest that occurs on a plant, plant product or other object that is contaminated, in danger of contamination or suspected of contamination with the pest may be established by the minister in charge of the policy sector.

(5) Where the control measures appropriate to the species of a pest have been established on the basis of subsection 4 of this section or in relevant legislation of the European Union, the Agriculture and Food Authority decides the implementation of a control measure appropriate to the species of the pest, determining the scope of implementation of the control measure. Where control measures appropriate to the species of a pest have not been established by legislation or where the established control measure has not proven effective, the Agriculture and Food Authority decides the application of a control measure specified in subsection 3 of this section, which is appropriate to the species of the pest, taking account of the biology and the manner of spreading of the pest and determining the scope of application of the control measure.

(6) In a situation specified in Article 52(2) of Regulation (EU) 2016/2031 of the European Parliament and of the Council, the minister in charge of the policy sector may temporarily prohibit the bringing of a plant, plant product or other object from another Member State or third state to Estonia and the marketing thereof in Estonia.

§ 11. Zones free of pests

(1) A zone is deemed to be free of pests where it has been established following supervision that pests are not present therein and the status of the zone is being maintained in accordance with requirements.

(1¹) The Agriculture and Food Authority may declare a zone to be a zone free of pests where two years’ supervision shows that pests do not exist in the zone, or in accordance with the procedure as provided for in subsection 3 of this section on the basis of an application submitted by a person.

(2) A person who wishes a zone to be declared free of pests must submit a corresponding application to the Agriculture and Food Authority.

(3) The minister in charge of the policy sector establishes the requirements for declaring a zone to be free of pests, the procedure for the submission and processing of applications, the requirements for a zone free of pests, and the procedure and requirements for maintaining the status of a zone free of pests.

(4) The Agriculture and Food Authority makes a decision to declare a zone free of pests or a reasoned decision to reject an application.The decision is delivered to the person within ten working days after making the decision.

(5) The application specified in subsection 2 of this section is rejected where, based on the results of state supervision and other relevant evidence, it becomes evident that the area does not meet the requirements set for zones free of pests.

§ 12. Use of pests and use of plants, plant product and other objects subject to special requirements

(1) A pest specified in Article 8(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council may be used for an activity and purpose specified in the same provision only where authorised by the Agriculture and Food Authority.

(2) A plant, plant product or other object specified in Article 48(1), Article 49(1) and Article 58 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council may be used for the activities and purpose specified in the same provisions only where authorised by the Agriculture and Food Authority.

(3) The Agriculture and Food Authority grants the authorisation specified in subsections 1 and 2 of this section, establishing relevant conditions specified in Articles 8, 48 and 58 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(4) The Agriculture and Food Authority refuses to grant the authorisation specified in subsections 1 and 2 of this section in a relevant event specified in Articles 8, 48 and 58 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(5) The Agriculture and Food Authority revokes the authorisation specified in subsections 1 and 2 of this section in a relevant event specified in Articles 8, 48 and 58 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(6) The Agriculture and Food Authority makes a decision to designate a quarantine station and a confinement facility specified in Article 60 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council, taking into account the requirements provided for in Articles 61 and 62 of the Regulation.

(7) The Agriculture and Food Authority revokes a decision specified in subsection 6 of this section in a relevant event specified in Article 63 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 13. Implementation of control measures on state land, in state forests and on municipal land

(1) On state land that is not in use, the Agriculture and Food Authority organises the implementation of control measures out of the funds allocated for that purpose.

(2) In state forests that are not in use, the Environmental Board organises the implementation of control measures out of the funds allocated for that purpose.

(3) On municipal land that is not in use, the rural municipality or city government organises the implementation of control measures.

(4) In the events specified in subsections 1 and 2 of this section, the procedure for the implementation and financing of control measures is established by the minister in charge of the policy sector.

§ 14. Implementation of control measures on behalf of person

(1) Where a person specified in subsection 5 of § 6 of this Act does not perform their obligations upon implementation of control measures, as a result of which an extensive spread of pests may cause significant financial loss, the Agriculture and Food Authority, in accordance with the procedure provided for in the Substitutional Performance and Non-Compliance Levies Act, organises the implementation of the control measures on behalf of the person.

(2) In addition to the events provided for in subsections 1 and 2 of § 12 of the Substitutional Performance and Non-Compliance Levies Act, the Agriculture and Food Authority may without a precept organise the implementation of pest controlling measures instead of a person also where it is obvious that the person is unable to implement control measures on their own.

(3) The recovery of the costs of substitutional performance may be abandoned.

§ 15. Compensation of costs of implementation of control measures

(1) The costs of application of measures of controlling a pest on the basis of a precept are covered from the state budget to the extent of up to 100 per cent. The costs are compensated to a person who produces plants, plant products or other objects.

(2) The costs of application of control measures are compensated in accordance with the procedure established in the Rural Development and Agricultural Market Regulation Act or legislation established on the basis thereof.

§ 16. Taking plants, plant products and other objects from Estonia to third countries

(1) Plants, plant products and other objects taken from Estonia to a third country must comply with the plant health requirements in force in the country of destination.

(2) A check of conformity with the plant health requirements in force in the country of destination is carried out on the storage site of the plant, plant product or other object, at the place of production of the plant or other place of inspection where the operator has ensured the conditions required for carrying out inspection operations.

(3) For the purposes of this Act, ‘phytosanitary certificate for export’ means a phytosanitary certificate for export for the purposes of Article 100(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(4) For the purposes of this Act, ‘phytosanitary certificate for re-export’ means a phytosanitary certificate for re-export for the purposes of Article 101(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(5) For the purposes of this Act, ‘pre-export certificate’ means a pre-export certificate for the purposes of Article 102(2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 17. Issue of phytosanitary certificate

(1) A state fee at the rate provided for in the State Fees Act is paid for reviewing an application for a phytosanitary certificate for export, phytosanitary certificate for re-export and pre-export certificate.

(2) A phytosanitary certificate for export and a phytosanitary certificate for re-export must not be issued more than 14 days before the taking of a consignment from Estonia to a third country.

(3) The costs of analyses related to the issue of a phytosanitary certificate for export, phytosanitary certificate for re-export and pre-export certificate are borne by the operator.

§ 18. Validity of phytosanitary certificate for export and phytosanitary certificate for re-export

(1) A consignment’s phytosanitary certificate for export and a phytosanitary certificate for re-export certify the compliance of the consignment with the plant health requirements in force in the country of destination.

(2) After the issue of a phytosanitary certificate for export and a phytosanitary certificate for re-export, the possessor of the consignment ensures the identity of the batch of plants, plant products and other objects and their conformity with the accompanying documents and the plant health requirements until the consignment is taken to a third country.

§ 19. Use of phytosanitary certificate for export and phytosanitary certificate for re-export

A phytosanitary certificate for export and a phytosanitary certificate for re-export that contains amendments not approved by the issuer is invalid.

§ 22. Plant passport

For the purposes of this Act, ‘plant passport’ means a plant passport for the purposes Article 78 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 23. Issue of plant passport

(1) A plant passport is issued by an operator that holds an authorisation to issue plant passports in accordance with Article 84 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council and in whose establishment a person in charge of the issue of plant passports has been appointed.

(2) The Agriculture and Food Authority issues a plant passport only with regard to a certified propagating material and a plant, plant product and other object specified in Articles 79(1)(c) and 94(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council. A state fee is paid for the issue of a plant passport at the rate set out in the State Fees Act.

(3) The Agriculture and Food Authority may replace a plant passport in an event provided for in Article 93(1) and (2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council. A state fee is paid for the issue of a plant passport at the rate set out in the State Fees Act.

(4) The Agriculture and Food Authority issues a plant passport only to an operator whose data have been entered in the plant health register.

(5) An operator to whom the Agriculture and Food Authority has issued a plant passport may use the plant passport only for the certification of the conformity of a plant, plant product or other object belonging to the operator.

§ 25. Requirements for issuance of plant passport

An operator that has been granted authorisation to issue plant passports issues a plant passport in accordance with the requirements of Articles 83(1), (2), (4) and (5), 87 and 88, 89(1), 90, 93(1), (2), (3) and (5) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

§ 30. Plant health register

(1) The plant health register and its statutes are established by a regulation of the minister in charge of the policy sector.

(2) The controller of the plant health register is the Ministry of Regional Affairs and Agriculture.The processor is specified in the statutes of the register.

(3) The purpose of the plant health register is to ensure the protection of plant health and efficient supervision over the compliance with plant health requirements.

(4) The data specified in subsection 1 of § 51 of the General Part of the Economic Activities Code Act is entered in the plant health register regarding the following persons and their activities:

1) operators that have submitted a notice of economic activities under the Plant Protection Act;

2) operators that have submitted a notice of economic activities or received an authorisation under the Plant Propagation and Variety Rights Act;

3) operators that have submitted a notice of economic activities under the Release into Environment of Genetically Modified Organisms Act.

(5) The provisions of the General Part of the Economic Activities Code Act regulating registers apply to the plant health register, taking account of the specifics provided for in this Act.

§ 31. Notification obligation

(1) Before commencing activity, the following persons must submit a notice of economic activities to the Agriculture and Food Authority:

1) an operator specified in Article 65(1)(a), (c), (d) and (e) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

2) an operator that markets plants, plant products or other objects that must have a plant passport in accordance with Regulation (EU) No 2016/2031 of European Parliament and of Council;

3) an operator that for the purpose of marketing produces, stores or packages plants, plant products or other objects that must have a plant passport in accordance with Regulation (EU) No 2016/2031 of European Parliament and of Council;

4) an operator that grows potatoes on more than one hectare;

5) an operator engaged in the production and marketing of a cultivating material specified in subsection 1 of § 5 of the Plant Propagation and Plant Variety Rights Act, including in marketing to the final user.

(2) A notice of economic activities does not need to be submitted by an operator specified in subsection 1 of this section who is required to hold the following authorisation:

1) authorisation to issue plant passports;

2) conformity marking authorisation regarding a wood packaging material, wood or other object.

(3) In addition to the information provided for in the General Part of the Economic Activities Code Act, the following information is given in a notice of economic activities:

1) the information specified in Article 66(2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

2) information on the location and total area of the production site;

3) the details of the person in charge of plant health.

(4) The information specified in subsection 3 of this section is entered in the plant health register established on the basis of subsection 1 of § 30 of this Act.

(5) The operator pays a state fee at the rate provided for in the State Fees Act for entering the information specified in subsection 3 of this section in the plant health register. No state fee is paid for amending the information specified in subsection 3 of this section or for entering information submitted by a notice of renouncement of economic activities, notice of temporary renouncement of economic activities or notice of resumption of economic activities in the register.

§ 31¹. Plant passport issuance authorisation obligation

(1) The operator needs an authorisation to issue plant passports where, regarding the operator’s activities and a plant, plant product or other object related thereto, Regulation (EU) No 2016/2031 of the European Parliament and of the Council requires that the plant, plant product or other object have a plant passport.

(2) The operator specified in subsection 1 of this section does not need to have an authorisation to issue plant passports where the operator’s activities involve only a plant, plant product or other object to which a plant passport has been issued by another operator or, in the events specified in subsection 2 or 3 of § 23 of this Act, the Agriculture and Food Authority.

(3) An authorisation to issue plant passports gives the operator the right to commence and pursue economic activities only in or with regard to the establishment specified in the authorisation.

§ 31². Applying for authorisation to issue plant passports

(1) The Agriculture and Food Authority decides an application for an authorisation to issue plant passports by granting or refusing to grant the authorisation.

(2) In addition to the information specified in subsection 2 of § 19 of the General Part of the Economic Activities Code Act, an application for an authorisation to issue plant passports must contain the following information and documents:

1) the name and contact details of the person in charge of the issuance of plant passports and the number of the certificate of completion of further training by the plant passport issuer;

2) the details of the family, genera or species and commodity type of the plant, plant product or other object with regard to which a plant passport is to be issued;

3) a description of the system and procedure for the performance of the obligations provided for in Articles 69 and 70 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

4) the details of the production process and transport specified in Article 90(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council and the procedure for monitoring and keeping records of the critical points;

5) a training plan for the personnel specified in Article 90(2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council in order to train them to carry out the required inspections.

(3) The information specified in subsection 2 of this section is entered in the plant health register established on the basis of subsection 1 of § 30 of this Act.

(4) The operator pays a state fee for reviewing an application for an authorisation to issue plant passports at the rate provided for in the State Fees Act. No state fee is charged for the entry of information in the plant health register on the basis of an application for a revision of an authorisation to issue plant passports or on the basis of a notice of a renouncement of an authorisation to issue plant passports or on the basis of a notice of a temporary renouncement of an authorisation to issue plant passports.

§ 31³. Subject-matter of inspection of authorisation to issue plant passports

An authorisation to issue plant passports is granted to an operator provided that the operator has appointed an appropriate person-in-charge who holds a valid certificate in proof of the completion of further training specified in § 31⁵ of this Act.

§ 31⁴. Secondary conditions of authorisation to issue plant passports

The family, genera or species and commodity type of the plant, plant product or other object are added to an authorisation to issue plant passports as secondary conditions.

§ 31⁵. Refresher training of plant passport issuers

(1) The refresher training of plant passport issuers is organised by the Agriculture and Food Authority.

(2) The refresher training of plant passport issuers includes a theoretical part specified in Article 89(1)(a) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(3) The refresher training of plant passport issuers ends with an examination.

(4) A person who failed the examination specified in subsection 3 of this section is permitted to take a re-examination within one year from the time of failing the examination. A person who does not pass the re-examination must complete the refresher training of plant passport issuers again.

(5) A non-expiring certificate is issued to a person who has passed an examination of the refresher training of plant passport issuers in proof of the completion of the refresher training.

(6) A person specified in subsection 5 of this section undergoes refresher training once every two years.

(7) A certificate specified in subsection 5 of this section is valid for two years from the date of issue of the certificate where the person has not participate in the refresher training specified in subsection 6 within two years from the issuance of the certificate.

§ 31⁶. Authorisation requirement for applying conformity mark to wood packaging material, wood and other objects

(1) The operator must have authorisation for applying conformity marks to wood packaging material and wood or other objects (hereinafter conformity marking authorisation) for the activities specified in Articles 98(1) and (2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(2) The authorisation specified in subsection 1 of this section gives the operator the right to operate only in the establishment or a part thereof specified in the conformity marking authorisation.

(3) The conformity marking authorisation granted only for an activity specified in Article 98(2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council does not give the right to process wood under Articles 96 and 97 of the Regulation.

§ 31⁷. Application for conformity marking authorisation

(1) The Agriculture and Food Authority decides an application for a conformity marking authorisation by granting or refusing to grant the authorisation.

(2) In addition to the information specified in subsection 2 of § 19 of the General Part of the Economic Activities Code Act, an application for a conformity marking authorisation must contain the following information and documents:

1) information on the wood packaging material, wood and other objects to be marked;

2) information on the wood packaging material to be repaired and marked;

3) in the event provided for in Article 98(2) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council, information and documents on the appropriate treatment of the wood;

4) information on the manner of treatment of the wood packaging material, wood and other objects;

5) information on the treatment and marking of wood packaging material, wood and other objects and on the facilities and equipment used for the treatment of wood packaging material;

6) self-control plan that describes all of the stages of treatment, marking and repairing;

7) name and contact details of the person in charge of the compliance of the treatment and marking of wood packaging material, wood and other objects and of the repairing of wood packaging material with requirements.

(3) The information specified in subsection 2 of this section is entered in the plant health register established on the basis of subsection 1 of § 30 of this Act.

(4) The operator pays a state fee for reviewing an application for a conformity marking authorisation at the rate provided for in the State Fees Act.

§ 31⁸. Subject-matter of inspection of conformity marking authorisation

A conformity marking authorisation is granted to an operator that meets all of the following conditions:

1) the operator complies with the relevant requirements provided for in Article 98 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

2) the operator has appointed a person-in-charge;

3) the operator has a self-control plan that complies with the requirements.

§ 31⁹. Secondary conditions of conformity marking authorisation

The manner of treatment of wood packaging material, wood and other objects is added to a conformity marking authorisation as secondary conditions.

§ 32. Data subject to entry in plant health register

In addition to the information given in the notice of economic activities on the basis of this Act, the Agriculture and Food Authority enters in the plant health register the information submitted on the basis of Articles 66(2) and 67 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council, the Plat Propagation and Plant Variety Rights Act and the Release into Environment of Genetically Modified Organisms Act.

§ 33. Duties of persons entered in plant health register

(1) A person entered in the plant health register is required to:

1) follow relevant requirements provided for in this Act, legislation adopted on the basis thereof and Regulation (EC) No 2016/2031 of the European Parliament and of the Council;

2) enable the Agriculture and Food Authority to access the object under inspection;

3) cooperate with the Agriculture and Food Authority upon assessment of plant health and appoint a person who is in charge of plant health issues in the establishment;

4) keep a field record established on the basis of subsection 1 of § 155 of the Water Act concerning used land and, where buildings and civil engineering works are used, keep a plan for their use;

5) indicate, when marketing potatoes intended for consumption, the plant health register number of the producer on the packaging of the potatoes, or where the potatoes intended for consumption are not packaged, in the document accompanying the goods;

6) annually replace, upon producing potatoes for consumption, 20 percent of the planting material with certified propagating material;

7) inform the Agriculture and Food Authority of potatoes intended for consumption and plant propagating material brought from the Member States of the European Union;

(3) Subsection 1 of this section does not apply to an operator entered in the plant health register on the basis of §§ 78, 84, 90 and 95 of the Plant Propagation and Plant Variety Rights Act or on the basis of § 283 of the Release into Environment of Genetically Modified Organisms Act, except to a packager of the seed of a plant species equipped with a plant passport.

§ 37. Bringing of plant, plant product and other object from third country to Estonia

(1) For the purposes of this Act, the bringing of a plant, plant product or other object from a country or territory located outside the customs territory of the European Union (hereinafter third country) to Estonia means an activity specified in Article 3(40) of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(2) A plant, plant product and other object may be brought from a third country to Estonia on the grounds and in accordance with the procedure provided for in this Act and Regulation (EU) 2017/625 of the European Parliament and of the Council.

(3) In the event of bringing a plant, plant product or other object specified in a list established on the basis of Article 72(1), Article 73 and Article 74(1) of Regulation (EU) 2016/2031 of the European Parliament and of the Council from a third country to Estonia, the consignment must be accompanied by a phytosanitary certificate specified in Article 71(1) of the Regulation.

(4) Wood packaging material may be brought to Estonia from a third country only where it meets the requirements established in Article 43(1) of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(5) The plants, plant products and other objects specified subsections 3 and 4 of this Act may be brought from third countries to Estonia through border control posts designated on the basis of Article 59(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(6) Where a plant, plant product or other object specified in subsection 3 of this section is brought from a third country to Estonia at the weekend or on a national or public holiday through a border control post at which the Agriculture and Food Authority exercises on-call supervision, the consignee or the representative of the consignee notifies the Agriculture and Food Authority thereof on the day immediately preceding the weekend, national holiday or public holiday.

(7) A customs officer may allow the release for free circulation of a consignment once the Agriculture and Food Authority has made a permitting note on the accompanying document or in the electronic customs information system.

§ 38¹. Border control post

(1) The Agriculture and Food Authority designates the border control post opened for international traffic under the State Borders Act through which it is permitted to bring to Estonia plants, plant products and other objects specified in subsection 3 of § 37 of this Act, provided that a Member State holds the right to designate the border control post in accordance with the relevant legislation of the European Union.

(2) The list of border control posts is published on the website of the Agriculture and Food Authority in accordance with the requirements of Article 60 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(3) The owner or possessor of the border control post submits to the Agriculture and Food Authority a request for the designation of the border control post specified in subsection 1 of this section and pays a state fee at the rate provided for in the State Fees Act.

(4) A border control post owner or a possessor that, upon the transfer of possession of the post, has been granted the respective right by the owner ensures that the Agriculture and Food Authority can, free of charge, use premises along with requisite equipment, including furnished office rooms and means of communication, which comply with the occupational safety and health requirements, for the purposes carrying out control operations. The Agriculture and Food Authority pays for telecommunications services. The owner or possessor of the border control post who, upon the transfer of possession of the post, was granted the respective right by the owner, pays for public utility services and other services necessary for the maintenance of the premises.

(5) In accordance with Article 59(2) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority notifies the European Commission of the intent to designate a border control post.

(6) After receiving a notice specified in Articles 59(3)–(5) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority makes a respective decision without delay.

(7) In an event provided for in Article 62(1) and Articles 63(1) and (4) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority makes a respective decision and a respective change in the list of border control posts and notifies the European Commission and other Member States thereof in accordance with Articles 62 and 63 of the Regulation.

(8) The requirements for the contents of a request for designation of a border control post and the procedure for processing requests set out in subsection 1 of this section are established by a regulation of the minister in charge of the policy sector.

§ 38². Place of official controls of plants, plant products and other objects when bringing these from third country to Estonia

(1) In the event of bringing a plant, plant product and other object specified in subsection 3 of § 37 of this Act to Estonia, the Agriculture and Food Authority may designate a place other than a border control post as a place of official controls (hereinafter place of official controls). The Tax and Customs Board accepts the place of official controls.

(2) The list of places of official controls is published on the website of the Agriculture and Food Authority in accordance with the requirements of Article 53(2) of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(3) The Agriculture and Food Authority assesses the compliance of a place of official controls with the requirements referred to in Article 53(1)(a) of Regulation (EU) No 2017/625 of the European Parliament and of the Council based on documents as well as on site.

(4) Where a place of official controls meets the requirements provided for in Article 53(1)(a) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority makes a decision to designate the place of official controls.

(5) Where a place of official controls does not meet the requirements provided for in Article 53(1)(a) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority makes a decision to refuse to designate the place of official controls.

(6) Where the designation of a place of official controls is requested by an operator, the Agriculture and Food Authority makes a decision specified in subsections 4 and 5 of this section within 30 working days after the receipt of the request. For processing a request to designate a place of official controls, the operator pays a state fee at a rate provided for in the State Fees Act.

(7) In an event provided for in Article 62(1) and Articles 63(1) and (4) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority makes a respective decision and a respective change in the list of places of official controls and notifies the European Commission and other Member States thereof in accordance with Articles 62 and 63 of the Regulation.

(8) The requirements for the contents of a request for designation of a place of official controls and the procedure for processing requests set out in subsection 1 of this section are established by a regulation of the minister in charge of the policy sector.

§ 41. Inspection of consignment when bringing it from third country to Estonia

(3) Where a consignment is suspected of being contaminated, the Agriculture and Food Authority orders without delay the implementation of control measures on the basis of observation data and other relevant information. Where it is not possible for the Agriculture and Food Authority to confirm a suspicion of contamination based on observation data or other relevant information, it takes a sample from the consignment and suspends the bringing of the consignment from a third country to Estonia until the results of the tests performed on the sample are obtained, but for no longer than 10 working days. Where it is necessary to perform additional tests on a consignment, the time limit may be extended by up to 30 days. The consignee must be immediately notified of the extension of the time limit.

(4) A consignment the bringing of which from a third country to Estonia has been suspended is placed in a place designated by the Agriculture and Food Authority. It is not permitted to place a consignment suspected of contamination in facilities where it may cause the contamination of other goods with a pest. The Agriculture and Food Authority seals a consignment that is suspected of contamination and it is prohibited to use or transport the consignment without its permission.

(5) On the basis of the results of the tests performed on a sample, the Agriculture and Food Authority declares a consignment to be in conformity with the requirements or prohibits, in accordance with § 42 of this Act, the bringing of a contaminated consignment from a third country to Estonia and decides on the further use thereof.

(6) The costs of storage and transport of the goods the bringing of which from a third country to Estonia is suspended are borne by the consignee.

§ 42. Establishment of contamination of consignment when bringing it from third country to Estonia

(1) Upon identification of contamination, the Agriculture and Food Authority decides on the returning, carriage out of Estonia in some other manner or designation of contaminated consignments for purification or destruction.Upon making a decision, the Agriculture and Food Authority may take into account the wishes of the consignee.

(2) Where the Agriculture and Food Authoritys decides on the returning or carriage out of Estonia in some other manner of a consignment, the consignee is required to carry the consignment out of Estonia.Where the consignee fails to carry the consignment out of Estonia within 10 working days, the consignment is destroyed.

(3) Where a part of a contaminated consignment is not contaminated and it can be separated from the contaminated part, the Agriculture and Food Authority may grant permission to bring the non-contaminated part of the consignment from a third country to Estonia. The costs of separating a non-contaminated portion are borne by the consignee.

(4) A decision on designation of a consignment for disinfection or other similar purification is made where by purification of the consignment with the prescribed products, in the required manner and in accordance with the required procedure, compliance with the plant health requirements is guaranteed. The costs of purification of a consignment are borne by the consignee.

(5) The customs authorities seize, confiscate or destroy contaminated consignments in accordance with the procedure provided for in the Customs Act and based on the decision of the Agriculture and Food Authority.The costs of destruction of a contaminated consignment are borne by the consignee.

§ 44¹. Plant health supervision fee

(1) ‘Plant health supervision fee’ (hereinafter supervision fee) means an amount payable at the rate established in this Act for official controls and other official activities (hereinafter supervisory operation) performed for the purpose of checking the compliance of the activities of an operator that is under a notification obligation and an authorisation obligation and the compliance of a plant, plant product or other object with the requirements in the events specified in Articles 79(1) and 79(2)(c) of Regulation (EU) 2017/625 of the European Parliament and of the Council.

(2) A person obligated to pay the supervision fee (hereinafter obligated person) is a person in respect of whom a supervision operation has been performed.

(3) Multiple obligated persons bear joint and several liability for payment of the supervision fee for performing a joint supervisory operation.

(4) In the events specified in Article 79(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the supervision fee is charged at a rate established in Annex IV of the Regulation.

(5) In the event specified in Article 79(2)(c) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the obligated person pays a supervision fee for the performance of a supervisory operation at the rate provided for in subsection 6 of this section. Where any additional laboratory tests need to be carried out in connection with an established violation of the plant health rules, the obligated person pays the supervision fee also for these tests.

(6) For every year the minister in charge of the policy sector establishes by a regulation a rate of the supervision fee payable for performing a supervisory operation, relying on the following data characterising the four quarters preceding the establishment of the regulation:

1) the average salary of the official performing the supervisory operation and social tax and unemployment insurance premium paid thereon;

2) the average cost of use of the official vehicles of the Agriculture and Food Authority per supervisory operation;

3) the average time spent by the official performing the supervisory operation per one supervisory operation.

§ 44³. Payment of supervision fee

(1) In the event specified in Article 79(1) and Article 79(2)(c) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the obligated person pays a supervision fee for the performance of supervisory operations before the consignment is permitted from a third country to Estonia in the amount specified in the supervisory fee collection decision submitted by the Agriculture and Food Authority to the current account of the Agriculture and Food Authority, which forms a part of the cash pool arrangement of the state treasury of the Ministry of Finance. In the events specified in Article 79(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the obligated person may pay the supervision fee to the cash desk of the customs office.

(2) In the events specified in Article 79(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority may exempt an obligated person from payment of the supervision fee before granting permission to bring a consignment from a third country to Estonia and make a note permitting the bringing of the consignment from a third country to Estonia on the accompanying document or in the electronic customs information system where there is a sufficient guarantee or where the obligated person has previously paid the supervision fee in the correct amount and in good time.

(3) In the event provided for in Article 79(2)(c) of Regulation (EU) No 2017/625 of the European Parliament and of the Council and subsection 2 of this section, the Agriculture and Food Authority makes a decision on the collection of the supervision fee for plant health supervision operations performed during the preceding calendar month by the tenth day of every calendar month.

(4) A decision to collect the supervision fee is delivered to the obligated person within five working days after making the decision.

(5) In the event provided for in subsection 3 of this section, the obligated person, within ten days after the receipt of a copy of the decision to collect the supervision fee, transfers the amount set in the decision to the current account indicated in the decision.

(6) The procedure for payment and monitoring of payment of the supervision fee is established by a regulation of the minister in charge of the policy sector.

(7) The obligated person pays the sum specified in a precept made for the collection of an overdue supervision fee within ten working days after the receipt of the precept.

(8) In the event of failure to comply with a precept issued for the collection of an overdue supervision fee within the time limit indicated in the precept, the Agriculture and Food Authority has the right to contact an enforcement agent who will collect the overdue supervision fee from the obligated person in accordance with the procedure established in the Code of Enforcement Procedure.

§ 44⁴. Refund of overpaid supervision fee

(1) An overpaid supervision fee is refunded where the supervision fee paid exceeds the prescribed amount.

(2) An obligated person has the right to apply for the refund of an overpaid supervision fee within two years as of the date of the payment of the supervision fee.

(3) In order to apply for refund of an overpaid supervision fee, the obligated person must submit a respective written application to the Agriculture and Food Authority along with a document certifying the payment of the supervision fee.

(4) The Agriculture and Food Authority makes a decision to refund or refuse to refund the supervision fee within 10 working days as of the receipt of the application. The supervision fee is not refunded where the person is not entitled to refund or where the person who paid the supervision fee or the person for whom the supervision fee was paid cannot be ascertained. The supervision fee subject to refund is transferred to the bank account specified in the application within 10 calendar days as of the date on which the decision to refund the supervision fee is made.

(5) The procedure for refunding overpaid supervisory fees is established by a regulation of the minister in charge of the policy sector.

§ 44⁵. Funding of plant health supervision operations concerning plants, plant products and other objects

The expenses borne by the Agriculture and Food Authority in relation with the performance of plant health supervision operations concerning plants, plant products and other objects brought from a third country to Estonia are funded from the supervision fee payable by the obligated person.

§ 45¹. Requirements for treatment and marking of wood packaging material, wood and other objects and repairing wood packaging material

(1) Wood packaging material, wood and other objects may be treated and marked and wood packaging material may be repaired by an operator:

1) holding an authorisation to apply the conformity mark specified in § 31⁶ of this Act for the purposes of Article 98 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council;

2) in the establishment of which a person has been put in charge of the treatment and marking of wood packaging material, wood and other objects and of repairing wood packaging material.

(2) Requirements for an establishment engaged in the treatment and marking of wood packaging material, wood and other objects and in repairing wood packaging material are established by a regulation of the minister in charge of the policy sector.

§ 47. Self-checking

(1) The operator specified in subsection 1 of § 45¹ of this Act carries out self-checks over the compliance with the requirements for the treatment and marking of wood packaging material, wood and other objects and for repairing wood packaging material.

(2) A self-check plan is drawn up in an establishment for the purpose of carrying out self-checks. A self-check plan describes each stage of the processing of the wood packaging material, wood and other object and the storage and marking of processed material. The data of the self-check plan are documented and retained for five years.

(3) More detailed requirements for a self-check system are established by a regulation of the minister in charge of the policy sector.

§ 50

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§ 51

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§ 60. Submission of application for approval of active substance, safener and synergist

(1) To apply for the approval of an active substance, safener or synergist provided for in Articles 2(2) and 3(a) and (b) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, an applicant must submit to the Agriculture and Food Authority a written application in compliance with the requirements provided for in Article 7 of the Regulation.

(2) The Agriculture and Food Authority verifies the admissibility of the application and send to the applicant a written acknowledgement confirming the receipt of the application in accordance with Article 9(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(3) The Agriculture and Food Authority declares an application inadmissible where it is not in compliance with the requirements and inform the applicant, other Member States and the European Commission thereof on the basis of and in accordance with the procedure provided for in Article 9(2) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(4) The Agriculture and Food Authority assesses the compliance of an active substance with the approval criteria for active substances provided for in Article 4 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council and submit a draft assessment report immediately to the European Commission and the European Food Safety Authority.

(5) Where an applicant seeks the renewal of the approval of an active substance, safener or synergist, the applicant must submit to the Agriculture and Food Authority an application specified in Article 14 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council in accordance with the procedure provided for in Article 15 of the Regulation.

§ 60¹. Fee for reviewing application for approval of active substance, safener and synergist

(1) An applicant specified in § 60 of this Act must pay the Agriculture and Food Authority for the assessment of the compliance of an application for approval of an active substance, safener or synergist.

(2) In addition to assessing the compliance of the application, the applicant must pay for the assessment of whether active substances, safeners or synergists are identical as well as for the assessment of their physical and chemical properties, methods of analysis, toxicological properties, exposure risk, residues, fate and behaviour in the environment, ecotoxicological properties and effectiveness.

(3) The fee specified in subsections 1 and 2 of this section is paid as an hourly fee that is calculated on the basis of the staff and administrative expenses of the Agriculture and Food Authority relating to the plant protection area in the previous calendar year.

(4) The rates of the fees specified in subsection 3 of this section are established by a regulation of the minister in charge of the policy sector annually.

(5) The Agriculture and Food Authority makes a decision on the size of the fee specified in subsections 1 and 2 of this section within ten working days as of the submission of the assessment report specified in subsection 4 of § 60 of this Act and sends a copy of the decision to the applicant within five working days after making the decision.Where the Agriculture and Food Authority declares the application admissible in accordance with subsection 3 of § 60 of this Act, the Agriculture and Food Authority makes a decision on the size of the fee to be charged for assessing the compliance of the application within ten working days after sending the applicant a notice thereof.

(6) The applicant must transfer the amount specified in subsection 5 of this section to the bank account specified in the decision within 10 calendar days after the receipt of a copy of the decision. Where the applicant does not pay the fee specified in subsections 1 and 2 of this section within the prescribed time limit, the Agriculture and Food Authority has the right to have an enforcement agent enforce the decision ordering payment of the fee in accordance with the procedure provided for in the Code of Enforcement Procedure.

§ 62. Requirements for placing plant protection product on market

(1) A plant protection product may be placed on the market in Estonia where it has been granted authorisation of a plant protection product for the purposes of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(2) Authorisation of a plant protection product is not required in the events specified in Article 28 (2) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(3) In an authorisation of a plant protection product classified as toxic, very toxic, carcinogenic, mutagenic or toxic to reproduction under the Chemicals Act, the Agriculture and Food Authority designates the professional category of users specified in Article 31(4)(d) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(4) For the purposes of this Act, ‘professional user of a plant protection product’ (hereinafter professional user) means a person, above all, a self-employed person or an employee of their establishment and a member of the management board of a legal person operating in such field of activity, a person authorised to manage a legal person or an employee of an establishment who uses, buys and decides over the selection and use of a plant protection product in their economic and professional activities.

§ 64. Effectiveness test of plant protection product

(1) An effectiveness test of a plant protection product is carried out in agricultural, plant health and environmental conditions which are relevant to the use of the plant protection product and representative of the conditions prevailing in zone A provided for in Annex I to Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(2) An effectiveness test is carried out by a testing facility recognised under this Act.

§ 64¹. Recognition of testing facility

(1) A person or entity who wishes to act as a recognised testing facility must submit to the Agriculture and Food Authority an application for the recognition of the testing facility.

(2) In order to act as a recognised testing facility, the testing facility of a person or entity specified in subsection 1 of this section must comply with the requirements provided for in Clause 2 of the Annex to Commission Regulation (EU) No 545/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for plant protection products (OJ L 155, 11.06.2011, pp. 67–126).

(3) The Agriculture and Food Authority assesses the compliance of a testing facility with the requirements of this Act both on the basis of the information submitted by the person as well as on site. Based on the assessment results, the Agriculture and Food Authority makes a decision to recognise or to refuse to recognise the testing facility within three months after the receipt of the application.

(4) The decision to recognise a test facility remains in force for five years from making the decision.

(5) A person or entity who would like to continue operating as a recognised testing facility must, not later than three months before expiry of the decision to recognise the testing facility, submit to the Agriculture and Food Authority an application for recognising the testing facility.

(6) A recognised testing facility annually submits to the Agriculture and Food Authority relevant information on effectiveness tests of plant protection products by 15 June. A recognised testing facility retains information relating to tests within the term provided for in Sub-clause 2.2 of Clause 2 of the Annex to Commission Regulation (EU) No 545/2011.

(7) More detailed requirements for recognition of testing facilities, the substantive and formal requirements for applications and the procedure for processing applications are established by a regulation of the minister in charge of the policy sector.

§ 65. Application for authorisation for plant protection product

(1) To place a plant protection product on the market, a person must submit to the Agriculture and Food Authority a written application for authorisation specified in Articles 30, 33, 40, 47, 51 and 53 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council and pay the state fee. The state fee does not need to be paid for the submission of an application specified in Articles 51 and 53.

(2) An application specified in subsection 1 of this section must comply with the requirements provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council regarding a relevant application.

§ 68. Decision on whether to grant authorisation of plant protection product

The Agriculture and Food Authority reviews an application specified in subsection 1 of § 65 of this Act and decides whether to grant or refuse to grant the authorisation of a plant protection product on the grounds and in accordance with the procedure provided for in Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

§ 68¹. Granting authorisation for research and development

(1) In order to obtain an authorisation for the research or development specified in Article 54 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, a person must submit to the Agriculture and Food Authority a written application, indicating the following information:

1) the name, seat and address, personal identification code or registry code and numbers of the means of communication of the applicant;

2) the name, address and registry code of the research and development institution carrying out tests;

3) the name of the plant protection product and its active substance, the type of the effect, the preparatory form and the quantity;

4) the name of the country of origin and the name and address of the producer of the plant protection product;

5) the purpose and place of use of the plant protection product.

(2) The Agriculture and Food Authority decides to grant or refuses to grant the authorisation specified in subsection 1 of this section in the events provided for in Article 54(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council within 20 working days as of the receipt of the application.

§ 68². Granting parallel trade permit

(1) A person who wishes to market in Estonia a plant production product authorised in another Member State and identical to a plant protection product placed on the market in Estonia must submit an application for a parallel trade permit to the Agriculture and Food Authority in compliance with the requirements provided for in Article 52(4) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council and pay the state fee.

(2) The Agriculture and Food Authority decides whether to grant or refuse to grant a parallel trade permit on the grounds and in accordance with the procedure provided for in Article 52 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

§ 73. Amendment and revocation of authorisation of plant protection product

(1) In order to amend or revoke an authorisation of plant protection product, the holder of the authorisation must submit to the Agriculture and Food Authority an application along with the information provided for in Article 43(2) or 45(1) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council and pay the state fee.

(2) The Agriculture and Food Authority decides whether to amend, refuse to amend or revoke an authorisation of a plant protection product on the grounds and in accordance with the procedure provided for in Articles 43 to 45 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

§ 73¹. Duties of holder of authorisation of plant protection product

(1) A holder of an authorisation of a plant protection product draws up a safety data sheet on the plant protection product in accordance with the requirements provided for in Article 31 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, pp. 1–850).

(2) The holder of an authorisation of a plant protection product classifies the product in accordance with the Chemicals Act. The holder of an authorisation of a plant protection product updates the marking of the product immediately after each change in the classification and marking of the product in accordance with the Chemicals Act and Commission Regulation (EU) No 547/2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the data requirements for plant protection products (OJ L 155, 11.06.2011, pp 176–205) and inform the Agriculture and Food Authority thereof in writing.

(3) The holder of an authorisation of a plant protection product informs the Agriculture and Food Authority of the possible harmful or unacceptable effect in accordance with the requirements of Article 56 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

§ 74. Packaging, presentation and marking of plant protection product

(1) The packaging and presentation of a plant protection product must comply with the requirements provided for in Article 64 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council and in the Chemicals Act.

(2) The marking of a plant protection product must comply with the requirements provided for in Commission Regulation (EU) 547/2011 and other relevant legislation of the European Union.

§ 76. Requirements for marketing plant protection products

(1) In the event of marketing a plant protection product to be used by professional users, the distributor of the product must ensure that it has sufficient employees who hold a plant protection certificate and give the professional user information about the use of the plant protection product and safety data sheets, health risks and environmental risks.

(2) In the event of marketing a plant protection product to be used by a non-professional user, the distributor of the product gives the buyer general information about how to use the product, especially about processing plants, proper storage and safe disposal of the product and the health risks and environmental risks relating to the use of the product and about lower-risk plant protection products.

(3) For the purposes of this Act, ‘distributor of a plant protection product’ means a natural or legal person, including a wholesaler, retailer, reseller or supplier who places the plant protection product on the market.

(4) The data of a person who wishes to engage in marketing a plant protection product must be entered in the register of plant protection products.

§ 77. Place of storage and marketing of plant protection product

(1) The room where a marketed plant protection product is stored, must be in compliance with the requirements of the Chemicals Act and this Act. A marketed plant protection product is kept and marketed separately from food, medicinal products and feed, in order to prevent their contamination by the plant protection product.

(2) No open packaging of a plant protection product may be kept in the place of storage and marketing of the plant protection product. It is prohibited to repackage a plant protection product in the place of storage and marketing. A plant protection product whose packaging has damaged must be immediately removed from marketing and rendered harmless in accordance with the procedure established in the Chemicals Act.

(3) The distributor of a plant protection product, before commencement of marketing, submits to the Agriculture and Food Authority an application for the entry of the place of storage and marketing in the register of plant protection products.

(4) The distributor of a plant protection product must keep account of the product marketed on the basis of a plant protection certificate in the place of storage and marketing either on paper or in electronic form. The accounts must indicate the date of marketing, the name of the buyer of the plant protection product, the number of the plant protection certificate and the name and quantity o the marketed plant protection product. The distributor of the plant protection product must preserve the records for five years as of the date of marketing.

§ 78. Requirements for use of plant protection product

(1) A plant protection product may be used only on the conditions specified in the authorisation of the plant protection product and on the marking of the product, taking into account the good practice of plant protection. A professional user also takes into account the principles of integrated plant protection.

(2) A plant protection product is used in compliance with the requirements provided for in the Water Act and the Nature Conservation Act.

(3) ‘Integrated plant protection’ means weighing the plant protection measures to be used and integration of suitable measures impeding the development of the populations of pests in such a manner that the use of the plant protection product and other measures would remain at an economically and ecologically reasoned level and the threat to human health and the environment would be reduced or minimised.

(4) The conditions and manner of implementation of the principles of integrated plant production are established by a regulation of the minister in charge of the policy sector.

(5) A plant protection product is stored in a suitable room or, where the quantity of the plant protection product is small, in a special container or cupboard, which is locked and bears the warning sign used in the event of a toxic product. A marketed plant protection product is kept and marketed separately from food, medicinal products and feed, in order to prevent their contamination by the plant protection product.

(6) A person who uses a plant protection product in their economic activities keeps account of the product on paper or in electronic form. The records must indicate the name of the product used, the time of use, the amount spent, the area and the plant species on which the product was used. In the event of commissioning the use of a plant protection product, the recipient of the service also keeps account of the service provider.

(7) A plant protection product must not be used from an aircraft.

(8) The residues and packaging waste of a plant protection product are handled in accordance with the requirements established in the Waste Act and in the Packaging Act.

(9) More detailed requirements for the use and storage of plant protection products are established by a regulation of the minister in charge of the policy sector.

§ 78¹. Special requirements for use of plant protection product

(1) In a public place and in an area used by a vulnerable group specified in Article 3(14) of Regulation (EC) No 1107/2009 of the European Parliament and of the Council, such as a public park, garden or sports, recreation or school area, children’s playground or an area located in the immediate proximity of a health care institution, only a professional user may use a plant protection product.

(2) In the event of using a plant protection product in an area specified in subsection 1, a lower-risk plant protection product and biological control measure is preferred.

§ 78². Plant protection certificate

(1) Distributors, professional users and advisers of plant protection products must have undergone plant protection training and they must hold a plant protection certificate certifying it.

(2) A plant protection certificate is a document which certifies that a person may distribute, buy and use all plant protection products, except those classified as very toxic.

(3) An adviser is a person whom the qualifications of an agricultural adviser have been conferred on the basis of and in accordance with the Professions Act.

(4) Where the distributor of a plant protection product is a legal person, it is sufficient for the performance of the obligation provided for in subsection 1 of this section where a person specified in subsection 76 (1) of this Act works for it under a contract.

(5) The Agriculture and Food Authority issues a plant protection certificate.A plant protection certificate is valid for five years.

(6) The Agriculture and Food Authority has the right to declare a plant protection certificate invalid where:

1) a person has repeatedly violated requirements for the packaging, labelling, distribution or use of a plant protection product established by the relevant legislation of the European Union, this Act or legislation issued on the basis thereof;

2) a person has repeatedly failed to eliminate, by the term specified in the precept, any deficiencies detected in the course of supervision.

(7) A person whose plant protection certificate expires during the emergency situation declared by the Government of the Republic on 12 March 2020 may distribute, purchase and use any and all plant protection products, except very poisonous plant protection products, until 30 November 2020.

§ 79. Plant protection training

(1) Plant protection training is organised by an adult training establishment (hereinafter training establishment) on the basis of a plant protection training programme approved by the Agriculture and Food Authority and in accordance with the requirements of the Adult Education Act, Institutions of Professional Higher Education Act and this Act.

(2) The training establishment draws up a plant protection training programme, taking into account the specifications arising from the functions and responsibility of the professional user, distributor or adviser of the plant protection product, and submit it to the Agriculture and Food Authority for approval.The Agriculture and Food Authority decides the approval or rejection of the plant protection training programme within 20 working days after the receipt of the plant protection training programme.The Agriculture and Food Authority rejects the plant protection training programme where it does not comply with the requirements established on the basis of subsection 6 of this section.

(3) Plant protection training consists of fundamental training and further training.Fundamental training is undergone upon first application for a plant protection certificate.Further training is undergone in the event of application for a new plant protection certificate three months before the expiry of the existing plant protection certificate.

(4) Plant protection training ends with an examination.The training establishment sends to the Agriculture and Food Authority the details of the persons who passed the training within three working days after taking the examination.

(5) A person who did not pass the examination is allowed to retake the examination within three months.A person who did not pass the re-examination is required to undergo the plant protection training again.

(6) More detailed requirements for the plant protection training programme, the topics and training covered in the plant protection training and the duration of the training are established by a regulation of the minister in charge of the policy sector.

§ 79¹. Requirements for person using very toxic plant protection product

(1) Data concerning a person who wishes to use very toxic plant protection products are entered in the register of plant protection products.

(2) A person specified in subsection 1 of this section or its employee may use only such a very toxic plant protection product for the safe and proper use of which the person holds relevant qualifications for the purposes of the Chemicals Act.

(3) A person using a very toxic plant protection product follows the requirements set out in the user manual of the product and ensure its safety to the vulnerable group and the environment.

(4) A person using a very toxic plant protection product draws up a plan of use of the product and adherence to the plan is compulsory. The plan is drawn up taking into account the special characteristics and temperature of the treated object and be approved by the possessor of the site before the use of the very toxic plant protection product.

(5) A person using a very toxic plant protection product keeps record of the use. To that end, the person specified prepares a report on the use of the very toxic plant protection product to the possessor or representative of the possessor of the site within 24 hours after termination of the use of the very toxic plant protection product on the site and the person who used the plant protection product keeps a copy of the report.

(6) A person using a very toxic plant protection product retains the report specified in subsection 5 for five years.

(7) The requirements for the plan and report of use of very toxic plant protection products are established by the minister in charge of the policy sector.

§ 79². Use of very toxic plant protection product

(1) A very toxic plant protection product may be used for the treatment of plants, plant products and other objects in a building, structure or part thereof, carriage, ship or hold thereof or any other temporary storage facility and also for the treatment of a building, structure or part thereof, carriage, ship or hold thereof or any other temporary storage facility (hereinafter site).

(2) A person using a very toxic plant protection product must ensure the existence of telecommunications on the site for connection to emergency number 112.

(3) Before using a very toxic plant protection product the user must notify the persons concerned, inspect the site and the area bordering it in order to ensure safety and mark danger zones in accordance with the Occupational Health and Safety Act.

(4) A person using a very toxic plant protection product or an employee thereof uses the appropriate personal protective equipment in accordance with the Occupational Health and Safety Act, depending on the plant protection product. At least two persons complying with the requirements established for persons using such plant protection products must present at the use of a very toxic plant protection product.

(5) A person using a very toxic plant protection product checks, before commencement of the use of the plant protection product, for unauthorised persons on the site and verifies that accidental release of the very toxic plant protection product outside the site is precluded.

(6) After the use of a very toxic plant protection product the user verifies the safety of the site and removes the safety signs.

(7) More detailed requirements for the use of very toxic plant protection products are established by the minister in charge of the policy sector. Requirements are established for notification required to ensure the safe use of very toxic plant protection products, inspection of the site prior and after the use of plant protection products, the selection and maintenance of personal protective equipment and action in the event of an accident.

§ 79³. Action plan on sustainable use of plant protection products

(1) The Ministry of Regional Affairs and Agriculture draws up an action plan on the sustainable use of plant protection products, setting out measures to be implemented for the purpose of reducing the risk and effect arising from the use of plant protection products on human health and the environment and the timetable of implementation of the measures, which plan supports the drafting of the principles of integrated plant protection and other measures, in order to reduce the dependency on the use of plant protection products.

(2) The provisions of the open procedure provided for in the Administrative Procedure Act apply to a plan on the sustainable use of plant protection products.

(3) The action plan on the sustainable use of plant protection products is approved by the minister in charge of the policy sector.

§ 79⁴. Raising public awareness

(1) In order to prevent cases of intoxication, the Agriculture and Food Authority publishes information about the risk arising from using a plant protection product and the possible acute and chronic effect on human health and the environment and the use of a biological plant protection product and another measure in a manner, which ensures that the information is understandable, accurate, comparable, up to date, and effectively informs the public.

(1¹) The Agriculture and Food Authority collects and assesses data related to the harmonised risk indicators, communicates relevant results to the European Commission and other Member States and publishes the results on its website.

(2) In order to publish the information specified in subsection 1 of this section, the Agriculture and Food Authority has the right to use information about the active substance of a plant protection product, the composition of the plant protection product set out in the file of the product and its properties hazardous to human health and the environment.

§ 80. Register of plant protection products

(1) The purpose of the register of plant protection products is to ensure the compliance of the plant protection product placed on the Estonian market with requirements and efficient supervision over the plant protection products placed on the market.

(2) The register of plant protection products and its statutes are established by a regulation of the minister in charge of the policy sector.

(3) Data on plant protection products placed on the market as well as the name, registry or personal identification code or, upon absence of a personal identification code, the date of birth, contact details and data on the place of residence or seat and the place of business of producers and distributors of plant protection products and importers of highly toxic plant protection products, including data on the places of storage and distribution of plant protection products are entered in the register of plant protection products.

(4) The controller of the register of plant protection products is the Ministry of Regional Affairs and Agriculture and the processor is specified in the statutes of the register.

§ 81. Data entered in register of plant protection products, entry thereof in register and duties of registered person

(1) Data provided in the statutes of the register of plant protection products concerning authorised plant protection products are entered in the register without an application by the person concerned, on the basis of the decisions specified in § 68, subsection 2 of § 68¹, subsection 2 of § subsection 68² and § 73 of this Act.

(2) To enter data provided for in the statutes of the register of plant protection products in the register of plant protection products concerning distributors of plant protection products, persons who use very toxic plant protection products, and the storage and marketing facilities belonging to such persons, such persons must submit a standard‑form application to the Agriculture and Food Authority and pay the state fee.

(3) A person entered in the register of plant protection products is responsible for the correctness of the data submitted by the person. Where the data change, the person immediately requests their amendment in the register.

(4) In the event of discovery of inaccurate data in the register, the authorised processor issues a precept to the person entered in the register. Where the person does not apply for amendment or invalidation of a register entry within 10 working days from the receipt of the precept, or does not contest the precept, the Agriculture and Food Authority may amend or invalidate the entry on the basis of the data known to the Agriculture and Food Authority.

§ 82. Protection of data entered in register of plant protection products

(1) Data entered in the registers of plant protection products, except for data containing business secrets, are public.

(2) The following is not a trade secret:

1) the name of a plant protection product or an active substance thereof, the content of an active substance in a plant protection product and the name of a hazardous substance contained in a plant protection product;

2) the description of the physical and chemical properties of an active substance of a plant protection product;

3) the method of rendering a plant protection product or its active substance harmless;

4) the effectiveness of a plant protection product and the active substance thereof, the summary of the results of testing performed for the ascertainment of their safety for humans, animals, plants and the environment;

5) the safety measures applied in the packaging, storage, transportation and marketing of a plant protection product;

6) analytical methods;

7) the methods for the elimination of pollution caused by a plant protection product;

8) the methods of first aid and treatment to be provided in the event of intoxication.

(2¹) The Agriculture and Food Authority publishes on its website information about valid and revoked authorisations of plant protection products, taking into account the requirements provided for in Article 57 of Regulation (EC) No 1107/2009 of the European Parliament and of the Council.

(3) The Agriculture and Food Authority draws up and publishes on its website a list of plant protection products placed on the market in Estonia and a list of the conditions of use of such products.

(4) A person whose plant protection product has been authorised is required to inform the Agriculture and Food Authority of the disclosure of a trade secret.

§ 83. Plant protection equipment

For the purpose of this Act, ‘plant protection equipment’ means equipment intended for using a plant protection product, including a part for its effective operation such as a sprayer, manometer, filter, sieve and tank cleaning device.

§ 84. Requirements for plant protection equipment

(1) Upon proper designated use, cleaning, maintenance and storage, plant protection equipment must not present danger to human health or the environment.

(1¹) A professional user checks the functionality of its plant protection equipment regularly and, where necessary, regulates its essential parts for the purpose of ensuring its functioning.

(2) The safety requirements for the use, cleaning, maintenance and storage of plant protection equipment are established by the minister in charge of the policy sector.

§ 87. Regular technical inspection of plant protection equipment

(1) Plant protection equipment, which is in use, except for spray guns and knapsack sprayers, must have undergone regular technical inspection once every three years. Disinfection equipment and an aerosol dispenser must have undergone regular technical inspection once every five years.

(1¹) Plant protection equipment whose technical inspection expires during the emergency situation declared by the Government of the Republic on 12 March 2020 may be used during the emergency situation and over a period of 60 days following the end of the emergency situation.

(2) The technical inspection specified in subsection 1 of this section is conducted by a person so authorised on the basis of this Act or a research and development institution administered by the Ministry of Regional Affairs and Agriculture.

(3) The further training necessary for conducting the technical inspection specified in subsection 1 of this section is organised by a research and development institution administered by the Ministry of Regional Affairs and Agriculture, who issues a certificate concerning the training.

(3¹) A person specified in subsection 2 of this section keeps records on the plant protection equipment which have undergone inspection and must submit the results of the inspection performed during the preceding quarter to the Agriculture and Food Authority by the fifteenth day of the first month of each quarter.

(3²) The inspection specified in subsection 1 of this section is conducted at the expense of the owner or possessor of the plant protection equipment.

(3³) The fees charged by a person conducting inspection specified in subsection 2 of this section must be cost-oriented, transparent and non-discriminatory and be set so as to ensure that the justified costs related to these services are covered.

(4) The procedure for the regular inspection of plant protection equipment is established by the minister in charge of the policy sector.

§ 87¹. Persons conducting technical inspection of plant protection equipment

(1) A person conducting technical inspection of plant protection equipment means a natural person or a legal person in private law who, in accordance with the procedure provided for in this Act, has been granted authority to conduct technical inspection of plant protection equipment specified in subsection 1 of § 87 of this Act.

(2) The list of persons conducting technical inspection specified in subsection 1 of this section is published on the website of the Agriculture and Food Authority.

§ 87². Requirements for persons conducting technicalinspection of plant protection equipment

A person applying for the right to conduct technical inspection of plant protection equipment or an employee thereof must:

1) have completed education in the field of agriculture or technical vocational education;

2) have completed a course of further training specified in subsection 3 of § 87 of this Act required for conducting the inspection of plant protection equipment;

3) have the equipment and measuring instruments required for conducting the technical inspection of plant protection equipment;

4) be able to act impartially and make appropriate assessments of the actual state of plant protection equipment.

§ 87³. Application for authority for conducting technical inspection of plant protection equipment

In order to be authorised to conduct technical inspection of plant protection equipment, an applicant must submit the following to the Agriculture and Food Authority:

1) an application;

2) the list of employees who have completed the further training specified in subsection 87 (3) of this Act and the document or a copy of the document certifying the completion of the training;

3) the list of the equipment and measuring instruments required for conducting the technical inspection of plant protection equipment;

4) a copy of the document certifying the vocational education of the person applying for authority to conduct technical inspection of plant protection equipment or an employee thereof.

§ 87⁴. Grant of or refusal to grant authority to conduct inspection of plant protection equipment

(1) The Agriculture and Food Authority authorises persons to conduct technical inspection of plant protection equipment and enters into public law contracts with them for the performance of the administrative functions.

(2) Where a person complies with the requirements provided for in § 87² of this Act, the Agriculture and Food Authority decides the authorisation of a person within 30 working days after receiving a corresponding application.

(3) The Agriculture and Food Authority may refuse to grant authority where the person does not comply with the requirements provided for in this Act.

(4) A decision to grant or to refuse to grant authority is communicated to a person within five working days after making the decision

§ 87⁵. Rights and duties of persons conducting technical inspection of plant protection equipment

(1) A person conducting technical inspection of plant protection equipment has, within the limits of their competence, the right to:

1) obtain information necessary for conducting technical inspection of plant protection equipment;

2) draw up a technical inspection report of plant protection equipment;

3) use the equipment and measuring instruments required for conducting technical inspection of plant protection equipment.

(2) A person conducting technical inspection of plant protection equipment is required to:

1) conduct technical inspection of plant protection equipment in accordance with the procedure established on the basis of subsection 87 (4) of this Act;

2) perform, in an impartial manner, the duties vested in them by their authority;

3) guarantee that technical inspection reports of plant protection equipment and other documents are prepared in a lawful, conforming and proper manner;

4) maintain trade and professional secrets, which become known to them during technical inspection of plant protection equipment;

5) present a technical inspection report of plant protection equipment to the Agriculture and Food Authority at the latter’s request;

6) keep records specified in subsection 87 (3¹) of this Act;

7) at the request of the Agriculture and Food Authority, submit to the Agriculture and Food Authority all documents needed for exercising supervision over the person’s activity connected to their authority;

8) once a year, complete a course of further training required for conducting technical inspection of plant protection equipment in order to improve their professional knowledge, skills and experience.

§ 87⁶. Termination and suspension of authority

(1) Authority granted by a public law contract terminates in the event of:

1) surrender of authority;

2) expiry of the term of authority;

3) withdrawal of authority.

(2) The Agriculture and Food Authority immediately takes measures to ensure that the administrative functions are performed where a public law contract is terminated unilaterally or another reason becomes evident which prevents a person from continuing the performance of the administrative functions.

(3) Where an activity of a technical inspector relating to their authority does not comply with the requirements, the Agriculture and Food Authority suspends the authority and sets the person a time limit for elimination of deficiencies. Where the deficiencies are not eliminated during the time limit, the Agriculture and Food Authority withdraws the authority and terminates the public law contract unilaterally.

§ 87⁷. Organisation of official controls

(1) Official controls related to plant health and plant protection products are organised based on a control plan drawn up in accordance with Article 109 of Regulation (EU) 2017/625 of the European Parliament and of the Council. The control plan is published on the website of the Agriculture and Food Authority in accordance with Article 111 of the Regulation.

(2) The information specified in Article 11(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council on the outcome of official controls is published on the website of the Agriculture and Food Authority.

(3) The Agriculture and Food Authority participates in the preparation of a multiannual national control plan specified in Article 109 of Regulation (EU) No 2017/625 of the European Parliament and of the Council, while the Veterinary and Food Board is the coordinating authority and the submitter of a report on the plan.

(4) The Veterinary and Food Board is the liaison body of supervisory cooperation within the meaning of Article 103(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(5) Another law enforcement body, administrative body or government agency informs the Agriculture and Food Authority without delay of the following possible violations of the plant health requirements and requirements applicable to plant protection products:

1) a violation that may jeopardise human or animal health or the environment;

2) a violation that has been committed by knowingly creating a misconception of the actual circumstances.

§ 87⁸. Analysing samples

(1) Samples taken in the course of performance of official controls and other official operations are analysed in an official laboratory that complies with the requirements provided for in Article 37 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(2) The details of the official laboratories that analyse samples taken in performing official controls and other official operations are published on the website of the Agriculture and Food Authority.

(3) In the case of a plant, plant product and other object, a person has the right to demand that the documents provided for in Article 35(3) of Regulation (EU) No 2017/625 of the European Parliament and of the Council be reviewed at their own expense.

(4) In the case of a plant protection product, a person has the right to demand that the documents provided for in Article 35(3) of Regulation (EU) No 2017/625 of the European Parliament and of the Council be reviewed at their own expense and that, where necessary, a second analysis, test or diagnosis be carried out in another official laboratory.

§ 87⁹. Official laboratory

1) The Agriculture and Food Authority designates an official laboratory in accordance with the conditions of Article 37 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

1) The Agriculture and Food Authority designates an official laboratory in accordance with the conditions of Article 37 of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(2) In events specified in Articles 40 and 42 of Regulation (EU) No 2017/625 of the European Parliament and of the Council, an unaccredited laboratory may be designated as an official laboratory.

(3) The Agriculture and Food Authority may refuse to designate a laboratory as an official laboratory where laboratory does not comply with the requirements provided for in Articles 37(4) and (5) of Regulation (EU) No 2017/625 of the European Parliament and of the Council.

(4) In the events provided for in Article 39(2) of Regulation (EU) No 2017/625 of the European Parliament and of the Council, the Agriculture and Food Authority revokes a decision to designate an official laboratory.

§ 87¹⁰. National reference laboratory

(1) For the purposes of this Act, ‘national reference laboratory’ means the laboratory specified in Article 100 of Regulation (EU) No 2017/625 of the European Parliament and of the Council, which performs the duties of a reference laboratory in the field of plant health.

(2) With regard to each plant health reference laboratory referred to in Article 93(1) of Regulation (EU) No 2017/625 of the European Parliament and of the Council a national reference laboratory is designated by a decree of the minister in charge of the policy sector, which describes the scope of the right to act as a national reference laboratory.

§ 88. State and administrative supervision

(1) The Agriculture and Food Authority exercises state and administrative supervision over the compliance with the requirements of this Act and legislation established on the basis thereof.

(2) In exercising supervision over conformity with the requirements applicable to forest cultivating material, including forest seed, nursery stock and raw wood, the Agriculture and Food Authority cooperates with the Environmental Board.

(4) When bringing a plant protection product from a third country to Estonia under the customs procedure of release for free circulation, the Tax and Customs Board verifies whether the plant protection product has been entered in the register of plant protection products.

(6) Administrative supervision over the performance of a public law contract concluded in accordance with subsection 87⁴ (1) is exercised by the Agriculture and Food Authority.

§ 88¹. Special measures of state supervision

The law enforcement authority may, for the purpose of exercising the state supervision provided for in this Act, take special measures of state supervision provided for in §§ 30, 32, 49, 50 and 51 of the Law Enforcement Act on the grounds and in accordance with the procedure provided for in the Law Enforcement Act.

§ 88². Specifics of state supervision

(1) The law enforcement authority may take samples at the expense of the person upon inspection of a movable.Where the inspected movable is no longer fit for ordinary use following the inspection, the cost of the movable or the cost of restoring the movable for ordinary use is not compensated to the person.

(4) In the course of the tests provided for in Articles 19, 22–24 and 34 of Regulation (EU) 2016/2031 of the European Parliament and of the Council, the Agriculture and Food Authority collects, systematises and retains information on pests and the existence, release and spread of pests in a pest-free region (hereinafter plant health monitoring). The Agriculture and Food Authority informs the European Commission, the competent authorities of other Member States and the Ministry of Regional Affairs and Agriculture of the result of plant health monitoring in writing in accordance with the procedure established in the legislation of the European Union.

(5) The Agriculture and Food Authority draws up the multiannual survey programmes specified in Article 23 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council and the contingency plans specified in Article 25 of the Regulation and performs other roles given to a Member State under these Articles.

(6) While exercising state supervision, the official of the Agriculture and Food Authority must wear the official uniform.

(7) The Agriculture and Food Authority has the right to issue a precept to suspend, in part or in full, also the handling of agricultural products in which case an unauthorised plant protection product has been used or there is justified doubt of the use thereof or in which case a plant protection product has been used incorrectly or there is justified doubt of the incorrect use thereof.

(8) Where residential premises are also used as commercial premises, the law enforcement authority may inspect these during the working or opening hours without the authorisation of an administrative court specified in subsection 51 (2) of the Law Enforcement Act.

(9) An operator engaged in the treatment, marking as appropriate and repairing of wood packaging material, wood and other objects under Article 98(3) of Regulation (EU) 2016/2031 of the European Parliament and of the Council pays a state fee for the supervision exercised over the compliance of its activities with the requirements by the tenth day of the following month at the rate provided for in the State Fees Act.

§ 89

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§ 97. Spreading of pest

(1) The penalty for spreading pests or failure to apply control measures against a pest is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros.

§ 98. Failure to notify of pest

(1) The penalty for failure to notify of a pest or suspicion thereof is a fine of up to 200 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 2000 euros.

§ 98². Violation of requirements for treatment and marking of wood packaging material, wood and other objects and for repairing wood packaging material

(1) The penalty for failure to comply with the requirements established in this Act and legislation established on the basis thereof and the requirements established in Regulation (EU) No 2016/2031 of the European Parliament and of the Council regarding the treatment and marking of wood packaging material, wood and other objects and for repairing wood packaging material is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 8,400 euros.

§ 98³. Violation of requirements for issuance of plant passports

(1) The penalty for failure to comply with the requirements established in this Act and legislation established on the basis thereof and the requirements established in Regulation (EU) No 2016/2031 of the European Parliament and of the Council regarding the issuance of plant passports is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 8,400 euros.

§ 99. Violation of requirements for marketing and use of plant protection products

(1) The penalty for endangering human or animal health or the environment due to failure to comply with the requirements established in this Act and legislation established on the basis thereof and the requirements established in Regulation (EU) No 1107/2009 of the European Parliament and of the Council regarding the placing on the market, marketing or use of a plant protection product is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 32 000 euros.

§ 99¹. Violation of requirements for packaging and labelling of plant protection products

(1) The penalty for endangering human or animal health or the environment due to failure to comply with the requirements established in this Act and legislation established on the basis thereof and the requirements established in Regulation (EU) No 1107/2009 of the European Parliament and of the Council regarding the packaging or marking of a plant protection product is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 8400 euros.

§ 100². Violation of requirements for use of very toxic plant protection product

(1) The penalty for violation of the requirements for the use of very toxic plant protection products is a fine of up to 300 fine units.

(2) The penalty for the same act committed by a legal person is a fine of up to 3200 euros.

§ 101. Confiscation

The Agriculture and Food Authority or a court may, in accordance with § 83 of the Penal Code, confiscate a plant protection product that was the direct object of commission of a misdemeanour specified in §§ 99 and 99¹ of this Act.

§ 102. Proceedings

The Agriculture and Food Authority is the body that carries out extrajudicial proceedings of the misdemeanours specified in this chapter.

§ 103. Plant health register

(1) The plant health register is considered an official register of professional operators and the data of the register are considered the data of the official register of professional operators for the purposes of Article 65 of Regulation (EU) No 2016/2031 of the European Parliament and of the Council.

(2) The reviewing of a notice of economic activities submitted on the basis of subsections 1 and 2 of § 31 of this Act in force before 1 July 2020 is continued in accordance with the version that entered into force on 1 July 2020.

§ 104. Register of plant protection products

The register of plant protection products founded on the basis of subsection 69 (2) of the Plant Protection Act in force prior to the entry in force of this Act is deemed to be the register of plant protection products specified in subsection 80 (2) of this Act.

§ 105. Continuing processing registration applications for plant protection products and testing plant protection products

Processing registration applications for plant protection products submitted on the basis of subsection 1 of § 70 of the Plant Protection Act in force prior to the entry into force of this Act, and organisation of testing of plant protection products is continued in accordance with the procedure established by this Act.

§ 106. Inspection of plant protection equipment

Agencies engaged in the organisation of inspection of plant protection equipment on the basis of § 68 of the Plant Protection Act in force prior to the entry into force of this Act may continue to conduct inspection of plant protection equipment on the basis of this Act until 1 January 2005.

§ 107

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§ 110

[Omitted from this text.]

§ 111. Implementing provision

(1) Legislation adopted on the basis of the Plant Protection Act that was in force prior to the entry into force of this Act, except for legislation issued on the basis of subsection 2 of § 21, subsection 1 of § 35 and § 86 thereof, remains in force after the entry into force of this Act and until repealed or the entry into force of new legislation established on the basis of this Act.

(2) An authority granted for an unspecified term on the basis of the Plant Protection Act specified in subsection 1 of this section for testing a plant protection product is valid until approval of the testing facility of a person conducting effectiveness testing of a plant protection product on the basis of this Act or until 1 January 2009.

(3) A contract for conducting regular technical inspection of plant protection equipment entered into before 1 July 2008 is valid until 1 January 2009.

(4) The principles of integrated plant protection apply as of 1 January 2014.

(5) Plant protection equipment in use, except mounted, semi-mounted, trailer and self-propelled sprayers intended for pest control, must have undergone the first regular technical inspection by 26 November 2016.

(6) The document certifying the passing of the technical inspection specified in subsection 1 of § 87 (1) of this Act remains in force until the arrival of the next regular technical inspection deadline.

(7) Certificates issued by the Estonian Research Institute of Agriculture before 1 July 2013 regarding the professional training specified in subsection 3 of § 87 of this Act remains in force.

(8) An operator entered in the plant health register before 1 July 2020 is as of 1 July 2020 deemed an operator engaged in a field of activity subject to the notification obligation and their notification obligation is deemed as performed, taking into account the derogations provided for in subsections 9 and 11 of this section. The provisions of this section do not apply to an operator engaged in a field of activity that is deemed a field of activity subject to an authorisation obligation as of 1 July 2020.

(9) An operator specified in subsection 8 of this section with regard to whom not all of the information specified in Article 66(2) of Regulation (EU) 2016/2031 of the European Parliament and of the Council has been entered in the plant health register submits the missing information not later than by 1 November 2020. Where the details are not submitted by the prescribed date, the operator’s notification obligation is deemed as not performed.

(10) An operator entered in the register of economic activities before 1 July 2020, which is engaged in supplying cultivating material is as of 1 July 2020 deemed an operator engaged in a field of activity subject to a notification obligation and their notification obligation is deemed as performed and their data are entered from the register of economic activities to the plant health register. The provisions of this section do not apply to an operator engaged in a field of activity that is deemed a field of activity subject to an authorisation obligation as of 1 July 2020.

(11) An operator specified in subsection 10 of this section with regard to which not all of the details specified in Article 66(2) of Regulation (EU) 2016/2031 of the European Parliament and of the Council have been entered in the plant health register submits the missing data to the Agriculture and Food Authority not later than by 1 November 2020. Where the details are not submitted by the prescribed date, the operator’s notification obligation is deemed as not performed.

(12) In the events specified in subsections 9 and 11 of this section, the operator does not need to pay a state fee for entering the missing details in the plant health register.

(13) The authorisation to issue plant passports granted to a person before 14 December 2019 remains in force until 14 December 2020. A person to whom authorisation to issue plant passports has been granted before 14 December 2019 and who wishes to continue issuing plant passports submits a request for an authorisation to issue plant passports not later than on 14 December 2020.

(14) The plant passport issuer refresher training specified in § 31⁵ of this Act is considered as completed in the case of a person to whom the authorisation to issue plant passports has been granted between 14 December 2019 and 14 December 2020, provided that the person participates in refresher training of the field of specialisation specified in subsection 6 of § 31⁵ within two years as of being granted the authorisation.

(15) A person whose dry kiln has been declared to be in conformity with the requirements before 14 December 2019 may process wood, mark the wood with a conformity mark and make timber products until 14 December 2020. Where the person wishes to continue applying conformity marks, the person submits a request for a conformity marking authorisation not later than by 14 December 2020. A decision to declare a dry kiln to be in conformity with the requirements, which was in force before 14 December 2019 or was made between 14 December 2019 and 1 July 2020 is deemed an authorisation specified in subsection 1 of § 31⁶ of this Act.

(16) An operator whom an authorisation to issue plant passports has been granted before 14 December 2019 and who submits a request for an authorisation to issue plant passports before 14 December 2020 does not need to pay a state fee for the reviewing of the request for the authorisation specified in subsection 1 of § 31¹ of this Act.

§ 112. Entry into force of Act

(1) This Act enters into force on 1 January 2004.

(2) The provisions of clause 6 of subsection 1 of § 33 and § 100 of this Act concerning liability for the failure to comply with the requirements for regular technical inspection of plant protection equipment enter into force on 1 January 2006.