European Communities (Authorization, Placing On the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations 2009
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations 2009.
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paragraphs: The European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations 2003 ( S.I. No. 83 of 2003 ) are amended-
(a) by the substitution for Regulation 31, of—
“31. (1) If an authorised officer has reasonable cause to suspect that—
(a) a plant protection product or a vessel, vehicle or trailer used in connection with a plant protection product is present, has been present or may be present on a premises,
(b) a plant protection product is or has been kept, processed, stored or otherwise dealt with on a premises,
(c) equipment, plant or machinery used in connection with a plant protection product has been, is or may be on a premises,
(d) a plant protection product or a vessel, vehicle or trailer, equipment, plant or machinery used in connection with a plant protection product has been held in possession or control, imported, exported, processed, stored or otherwise dealt with in contravention of these Regulations, or
(e) a document or other record relating to a thing referred to in paragraph (a), (b), (c) or (d) is present, was present or may be present on a premises,
the authorised officer may enter the premises and he or she may—
(i) search the premises,
(ii) stop a person, vehicle, vessel or container,
(iii) board and search a vehicle, vessel, aircraft or container,
(iv) examine a plant protection product, vehicle, vessel, aircraft, container, equipment, machinery or other thing,
(v) take, without payment, samples of a plant protection product or an article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on a sample such tests, analyses, examinations or inspections as he or she considers necessary or expedient,
(vi) require the production of a document or other record (including the production of a document or other record that is in non-legible form, in a legible form) or thing relating to a plant protection product, vehicle, vessel, container, equipment, machinery or other thing,
(vii) retain a document, other record or thing (for so long as is necessary),
(viii) make a record using any means including writing, photography or video,
(ix) give a direction to, or request information of, a person regarding a plant protection product, vessel, vehicle, container, machinery, equipment, premises or other thing as he or she considers necessary,
(x) require the name and address of a person and the name and address of any other person including the owner of, or person to whom a plant protection product or other thing is being delivered or who is causing it to be delivered,
(xi) require of a person the ownership, identity and origin of a plant protection product, vessel, vehicle, container, equipment, machinery or other thing,
(xii) require a person in charge or control of a plant protection product, vessel, vehicle or container to refrain from moving it, or
(xiii) mark or otherwise identify a plant protection product, vessel, vehicle, machinery, equipment or other thing or a sample taken under subparagraph (v).
(2) If an authorised officer has reasonable cause to suspect that-
(a) an offence is being or has been committed under these Regulations
(b) evidence of an offence or contravention to which paragraph (a) relates may be, is or has been on a premises-
the authorised officer may, in addition to the powers exercisable by him or her under subsection (1)—
(i) search a person, where the authorised officer considers it necessary,
(ii) seize and detain, a plant protection product, document, other record, vessel, vehicle, container, equipment, machinery or other thing, or
(iii) dispose of, or require the owner or person in charge of or in possession of a plant protection product to deal with or dispose of it (or any equipment, machinery, plant or other thing used in connection with, or that may have been in contact with the plant protection product) in a manner that the authorised officer sees fit.
(3) An authorised officer shall not enter, except with the consent of the occupier, a private dwelling, unless he or she has obtained a search warrant under Regulation 31A other than if he or she has reasonable cause to suspect that before a search warrant could be sought in relation to the dwelling anything to which paragraph (1) or (2) relates is being or is likely to be destroyed or disposed of.
(4) An authorised officer may use reasonable force, if necessary, in exercise of his or her powers under this section.
(5) An authorised officer, when exercising a power under this Regulation may be accompanied by other persons and may take with him or her, or those persons may take with them, any equipment or materials to assist the officer in the exercise of the power.
(6) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under this Regulation if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.
(7) Without prejudice to the generality of subsection (1), a direction or requirement of an authorised officer may include conditions—
(a) prohibiting, restricting or otherwise controlling the marketing, use, processing or movement of a plant protection product, vessel, vehicle, container, equipment, machinery or other thing as may be specified by the authorised officer, or
(b) requiring that the person to whom the direction is addressed to take the measures specified by the authorised officer.
(8) If a member of the Garda SÃ­ochÃ¡na has reasonable grounds to suspect that a person has committed an offence under these Regulations, the member may without warrant arrest the person.
(9) If in the course of exercising any powers under Regulations to which these Regulations apply an authorised officer, officer of Customs and Excise or a member of the Garda SÃ­ochÃ¡na finds or comes into possession of any thing that the officer or member believes to be evidence of an offence or suspected offence under Regulations to which these Regulations apply, it may be seized and retained for use in evidence in criminal proceedings.
(10) Nothing in these Regulations operates to prejudice a power conferred by another enactment to search, or to seize or detain property, which may be exercised by a member of an Garda SÃ­ochÃ¡na or an officer of Customs and Excise.
(11) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a power conferred on him or her by these Regulations.
31A. (1) If a judge of the District Court is satisfied by information on oath of an authorised officer that there are reasonable grounds for suspecting-
(a) an offence is being or has been committed under these Regulations,
(b) evidence of an offence or contravention or intended contravention to which paragraph (a) relates may be, is or has been on a premises,
(c) there is or was a plant protection product, document or other record relating to a plant protection product, equipment or other thing made used or adapted for use (including manufacture and transport) in connection with a plant protection product, or
(d) a document or other record related to a thing to which subparagraph (a), (b) or (c) refers is or may be on the premises,
the judge may issue a search warrant.
(2) A search warrant under this Regulation shall be expressed and operate to authorise a named authorised officer, accompanied by such authorised officers or other persons as the named authorised officer thinks necessary, at any time, within one month from the date of issue of the warrant, on production if so requested of the warrant, to enter (if necessary by use of reasonable force) the premises, vehicle, vessel or aircraft named in the warrant.
(3) If a premises is entered pursuant to a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.
Obstruction, etc.
31B. A person shall not—
(a) obstruct or impede an authorised officer in the exercise of his or her powers under Regulation 31,
(b) fail, without reasonable cause, to comply with a requirement or direction of an authorised officer under Regulation 31,
(c) tamper or otherwise interfere with a sample taken under Regulation 13,
(d) in purporting to give information required by an authorised officer for the performance of the officer’s powers under these Regulations-
(i) make a statement which he or she knows to be false in a material particular or recklessly make a statement which is false in a material particular, or
(ii) fail to disclose any material particular, or
(e) aid or abet a contravention of these Regulations.”
(b) by the substitution for Regulation 33 (inserted by the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations 2006 ( S.I. No. 381 of 2006 )), of—
Compliance notice
“33. (1) Without prejudice to Regulation 31, if an authorised officer has reasonable grounds to suspect that—
(a) an act of the institutions of the European Communities is not being or has not been complied with or there are reasons to believe that an act of the institutions of the European Communities, will not be complied with,
(b) it is necessary for the protection of human health, animal health or welfare, plant health or the environment including the prevention or control of contamination of feed or food,
(c) it is necessary, ancillary or supplementary for an act of the institutions of the European Communities to have full effect,
(d) an animal, animal product, plant, plant product, food or feed is or may be contaminated with a plant protection product, or
(e) an offence has been committed under these Regulations,
he or she may serve or cause to be served on the owner or person who appears to be in charge, possession or control of a plant protection product, premises, vehicle, vessel, animal, animal product, plant, plant product, feed or food a notice (“compliance notice”) stating that opinion and directing that—
(i) an animal, animal product, plant, plant product, feed or food be dealt with in a manner specified in the notice,
(ii) a plant protection product or ingredient for a plant protection product be dealt with in a manner specified in the notice,
(iii) an animal, animal product, plant, plant product feed or food be disposed of or destroyed in a manner (if any) specified in the notice,
(iv) a plant protection product be disposed of or destroyed in a manner (if any) specified in the notice,
(v) a specified operation or activity cease on a premises,
(vi) a specified operation or activity take place only in a manner specified in the notice, or
(vii) a specified operation or activity may only be carried out under and in accordance with such terms and conditions as are specified in the compliance notice.
(2) A person shall comply with a compliance notice or a requirement of a compliance notice unless and until the notice is annulled under Regulation 33A.
(3) A requirement contained in a compliance notice may specify a time limit within which the notice is to be complied with.
(4) A requirement specified in a compliance notice (in this paragraph referred to as “the earlier compliance notice”) may be amended or withdrawn by a further notice in writing and the earlier compliance notice has effect subject to such amendment or withdrawal.
(5) A compliance notice, whether amended under paragraph (4) or not, may require the owner or person in charge of a premises, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product to choose between one or more of the requirements specified in the compliance notice and that person shall comply with the alternative requirement that he or she chooses.
Appeal against compliance notice
33A. (1) A person affected by a compliance notice may, within 7 days of service of the compliance notice, apply to the Judge of the District Court having jurisdiction in the District Court District where the business is situated or to the Judge of the District Court having jurisdiction in the District Court District where the person ordinarily resides on the grounds that the compliance notice or any term of the compliance notice are not reasonable, having regard to the objectives of Directive of 1991 or these Regulations (in this Regulation referred to as “an appeal”).
(2) An appeal may be heard at any sitting of the District Court within the appropriate District Court Area.
(3) A person making an appeal shall serve notice of the appeal, which shall contain a statement of the grounds upon which it is alleged that the compliance notice or any term of the compliance notice is unreasonable having regard to the objectives of the Directive of 1991 or these Regulations, on the appropriate registering authority at least 48 hours prior to the hearing of the appeal and a copy of the notice of appeal shall be lodged with the appropriate District Court Clerk.
(4) On the hearing of an appeal, a Judge of the District Court may confirm, with or without modification, or annul a compliance notice.
(5) A person, including a person on whom a compliance notice is served, shall not—
(a) pending the determination of an appeal, deal with a premises, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product to which a compliance notice relates other than under and in accordance with the notice, or
(b) after the appeal, deal with a premises, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product to which a compliance notice relates other than under and in accordance with the compliance notice or compliance notice as modified.
Emergency measures
33B. (1) If—
(f) a person, by act or omission, fails to comply, whether within the time specified therein or otherwise, with a compliance notice (including a compliance notice modified in accordance with Regulation 33A(4), or
(g) an authorised officer has reasonable cause to suspect—
(i) that a compliance notice (including a compliance notice modified in accordance with Regulation 33A(4)) is not or will not be complied with, or
(ii) pending the determination of an appeal, a plant protection product, premises, animal, feed, a feed additive or food to which the compliance notice relates is or will not be dealt with other than in accordance with Regulation 33A(5),
an authorised officer may seize and detain a vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product in a manner that he or she thinks fit and sell or dispose of it in a manner (including slaughter) as the authorised officer considers appropriate.
(2) Subject to paragraph (4), the proceeds of the sale or disposal of a vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product under paragraph (1) shall be paid to the owner of a premises, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product as soon as may be after such sale or disposal and after a person has satisfied the Minister that he or she is the owner or otherwise entitled to the proceeds of the sale or disposal of the, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product.
(3) The costs of seizure, sale or disposal of a vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product under this Regulation shall be recoverable by the Minister—
(a) as a simple contract debt in a court of competent jurisdiction, or
(b) by deducting the costs from any sum due by the Minister to a person on whom a notice has been served.
(4) The costs of any action required by a compliance notice shall be borne by the owner of a premises, vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product to which the notice relates.”