LAW ON BIOCIDAL PRODUCTS

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Paragraph 9, Article 27 Paragraph 6, Article 31 Paragraph 6, Article 33 Paragraph 2, Article36 Paragraph 6, Article 42 Paragraph 3 and Article 43 Paragraph 5 of this Law.XV. SUPERVISI<strong>ON</strong>Article 50Supervision over the implementation of provisions of this Law and relevant secondarylegislation shall be conducted by the Ministry in charge of environmental protection(hereinafter: the Ministry).The Ministry through environmental inspectors shall conduct inspection supervision.Supervision on classification, labelling, packing of the biocidal products, bans andrestrictions for placing on the market and use of the biocidal products as well as supervisionon the conditions of sale of the biocidal products for general use and their storage, in the retailshall be conducted by the ministry in charge of trade and trade inspectors.For the purpose of monitoring and undertaking of certain measures, environmentalinspectors and trade inspectors (hereinafter: the inspectors) shall, in cooperation with theAgency, prepare annual plans for the inspections supervision and shall submit to the Agency,twice a year, information on the results and findings of the inspections.Article 51Inspector may carry out the sampling of the biocidal product to determine if theconditions for placing on the market or use of the biocidal product are fulfilled.Costs of testing from paragraph 1 of this Article shall be paid by the producer orimporter of that biocidal product.Article 52In performing inspection activities, the inspector has the right and the duty todetermine:1) if the biocidal product is placed on market without authorisation or withoutDecision on inclusion into the Temporary List or if the biocidal product is classified, packedand labelled and has safety data sheet in accordance with this Law;2) if for the biocidal product placed on the market before this Law came into force theapplication for inclusion into the Temporary List was submitted within the prescribed timeperiod;3) if complied with the Agency’s injunction on the manner of handling with thebiocidal product placed on the market or with the injunction on the manner of withdrawal ofthe biocidal product from the market;4) if the biocidal product is placed on the market in accordance with the conditions forplacing on the market and conditions for use set out in the Decision on inclusion of thebiocidal product into the Temporary List or in authorisation or if such biocidal product islabelled and if intended use and conditions of its use are listed in the safety data sheet;22
5) if temporarily permit was obtained for the biocidal product before it is placed onthe market;6) if the holder of the temporarily permit instructed the users to the conditions forlimited and controlled use of the biocidal product;7) if the biocidal product for which the temporarily permit was issued is usedaccording to prescribed conditions;8) if the report on used and unused quantities and on results on systematic monitoringof use is submitted for the biocidal product for which the temporarily permit was issued;9) if complied with bans and restrictions for placing on the market and use of thebiocidal product;10) if the consent from the Agency was obtained prior to placing on the market of thebiocidal product for the process-orientated research and development;11) if prior to placing on the market of the biocidal product used for scientificresearch and development or for process-oriented research and development permit wasobtained for such research;12) if biocidal product is used in accordance with this Law as well as if complied withall precautions in accordance with the instructions for use and information from the safety datasheet;13) if certain hazardous biocidal product or certain biocidal product type is placed onthe market opposite to the provisions of this Law;14) if professional user, who uses certain hazardous biocidal product or certainbiocidal product type, fulfils prescribed conditions;15) if the records are kept, if the required data on biocidal product are submitted orkept as well as the accuracy of such data.Article 53While conducting the activities referred to in the Article 52 of this Law, the inspectorshall be authorised and obliged to:1) ban placing on the market of the biocidal product if authorization or Decision oninclusion into the Temporary List was not obtained or if the biocidal product was notclassified, labelled and packed in accordance with this Law;2) order that the biocidal product is classified, labelled and packed in accordance withthis Law;3) order that for the biocidal product placed on the market before this Law came intoforce application for inclusion into the Temporary List is submitted;4) order that the biocidal product, for which the application for inclusion into theTemporary List was not submitted within the prescribed time period, is removed from themarket;5) order to comply with the Agency’s injunction on the manner of handling with thebiocidal product placed on the market or with the injunction on the manner of withdrawal ofthe biocidal product from the market;23
Page 1 and 2: LAW ON BIOCIDAL PRODUCTSI. GENERAL
Page 3 and 4: II. LISTS OF ACTIVE SUBSTANCESArtic
Page 5 and 6: Data on efficacy referred to in Par
Page 7 and 8: Article 15If the Technical Dossier
Page 9 and 10: Agency whether the experiments on v
Page 11 and 12: Article 24In the procedure of issui
Page 13 and 14: Against the Decision referred to in
Page 15 and 16: Against the Decision referred to in
Page 17 and 18: Article 36If, while using the bioci
Page 19 and 20: The Agency shall lay down certain h
Page 21: 5) name of hazardous substances whi
Page 25 and 26: The inspector shall the oral Decisi
Page 27 and 28: For the commercial offence from Par
Page 29: Professional user from Article 42 P

LAW ON BIOCIDAL PRODUCTS

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