The Official Controls (Plant Protection Products) Regulations 2020
| Year | 2020 |
2020 No. 552
Pesticides
The Official Controls (Plant Protection Products) Regulations 2020
Made 28th May 2020
Laid before Parliament 1st June 2020
Coming into force 22th June 2020
The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 19721in relation to the common agricultural policy of the European Union2and measures in the veterinary and phytosanitary fields for the protection of public health3.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972, and, with the consent of the Treasury, in exercise of powers conferred by section 56(1) of the Finance Act 19734.
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Official Controls (Plant Protection Products) Regulations 2020 and come into force on 22nd June 2020.
(2) These Regulations extend to Great Britain.
Interpretation and scope
2.—(1) In these Regulations—
“authorised person” means a person authorised by a competent authority under regulation 8(2) to exercise the powers set out in Part 4 of these Regulations;
“competent authority” has the meaning given in regulation 3;
“component” means—
(a) any active substance, safener, synergist, or co-formulant that could form a component part of a plant protection product; or
(b) any adjuvant,
and active substance, safener, synergist, co-formulant and adjuvant have the same meanings as in the Plant Protection Products Regulation;
“the OC Regulation” means 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 products5;
“the Official Controls Regulations” means the OC Regulation and the Implementing Regulations and Delegated Regulations made under it;
“plant protection product” has the same meaning as in the Plant Protection Products Regulation;
“the Plant Protection Products Regulation” means Regulation (EC) No 1107/2009of the European Parliament concerning the placing of plant protection products on the market6;
“premises” includes any place and, in particular, includes—
(a) any vehicle, vessel, aircraft, hovercraft or marine structure, and
(b) any tent or moveable structure;
“professional use” and “professional user” have the same meaning as in the Plant Protection Products (Sustainable Use) Regulations 20127;
“relevant legislation” means retained direct EU legislation and domestic legislation governing the requirements for the placing on the market and use of plant protection products and the sustainable use of pesticides, with the exception of pesticides application equipment.
(2) These Regulations apply in relation to the area referred to in Article 1(2)(h).
(3) Non-professional users of plant protection products are not subject to these Regulations.
(4) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in the OC Regulation.
(5) Any reference in these Regulations to an “Article” or “Title” is to an Article or Title of the OC Regulation.
Designation for the purposes of Article 4
3. For the purposes of Article 4 in relation to the requirements for the placing on the market and use of plant protection products and components and the sustainable use of pesticides, with the exception of pesticides application equipment, the competent authority designated is—
(a) the Secretary of State, for England,
(b) the Scottish Ministers, for Scotland, and
(c) the Welsh Ministers, for Wales.
Exchange of information
4. The competent authorities may disclose information to each other and to other competent authorities in the United Kingdom and EU member States for the purposes of applying these Regulations and the Official Controls Regulations.
PART 2
List of operators
List of operators
5.—(1) Each operator must notify the competent authority of—
(a)
(a) the name of the operator;
(b)
(b) the activities carried out by the operator that relate to the placing on the market and use of plant protection products and components and the sustainable use of pesticides;
(c)
(c) the premises on which those activities are carried out.
(2) The time period for making the notification in paragraph (1) is—
(a)
(a) within the period of 15 months after the date on which these Regulations come into force, for operators concerned with the placing on the market of plant protection products authorised for professional use, and components, including those who produce, manufacture, process, import, distribute and sell those products; and
(b)
(b) within the period of 24 months after the date on which these Regulations come into force, for all other operators.
(3) Where an operator commences business within the period of 3 months before the end of the period referred to in paragraph (2) for that type of operator, or after that period, that operator must make the notification required by paragraph (2) within three months of commencing business.
PART 3
Assistance and co-operation under Title IV and recovery of expenses incurred
Facilitating assistance and co-operation
6.—(1) For the purposes of assisting a competent authority of a member State as provided for in Article 104, or enabling the competent authority to do so, an authorised person exercising powers in relation to plant protection products and components to enter premises or to inspect records may—
(a)
(a) be accompanied by authorised officers of a competent authority of a member State;
(b)
(b) show records to such accompanying authorised officers; and
(c)
(c) make copies for them, or require copies to be made for them, of the records.
(2) For the purposes of facilitating a visit by an inspection team as provided for in Article 108, an authorised person may be accompanied by representatives of the EU Commission when exercising powers under relevant legislation to enter premises and inspect records.
(3) A person may be required to provide an authorised person with such assistance, information or facilities as the authorised person may reasonably require for the purpose of the execution or enforcement of these Regulations or the Official Controls Regulations.
Expenses
7.—(1) Any expenses incurred by a competent authority in carrying out official controls or enforcement activities under these Regulations, or the Official Controls Regulations may be recovered from the relevant operator and such expenses must be paid on written demand.
(2) Any sum owing under this regulation and unpaid may be recovered—
(a)
(a) as a civil debt;
(b)
(b) under an order of the court, on such terms as the court may order.
PART 4
Enforcement and penalties
Enforcement
8.—(1) Enforcement of these Regulations and the Official Controls Regulations is the responsibility of the competent authority.
(2) A competent authority may authorise any person to exercise the powers given to authorised persons in these Regulations.
(3) A person may be authorised for specified purposes.
(4) An authorisation must be in writing.
(5) A competent authority may specify descriptions of local authority officers who may be authorised to exercise enforcement powers and may direct that an officer of a particular description may only be appointed to exercise them for a specified purpose.
(6) Any specification or direction under paragraph (5) must be in writing.
(7) If a competent authority specifies a description of local authority officers under paragraph (5), a local authority may authorise any of its officers falling within that description to exercise enforcement powers.
(8) An authorised person performing functions under these Regulations or the Official Controls Regulations must produce, on request, evidence of their authorisation.
(9) An authorised person must state, if requested—
(a)
(a) their name;
(b)
(b) the functions to be performed; and
(c)
(c) the grounds for proposing to perform those functions.
(10) In this regulation “enforcement powers” means the powers set out in this Part.
(11) In this regulation “local authority” means—
(a)
(a) in relation to England—
(i) where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 19948, that authority;
(ii) where there is not a unitary authority—
(aa) in a metropolitan district, the council of that district;
(bb) in a non-metropolitan district, the council of that county or the council of a district within the county area;
(cc) in each London borough, the council of that borough;
(iii) in the City of London, the Common Council; or
(iv) the Council of the Isles of Scilly;
(b)
(b) in relation to Wales, a county council or a county borough council; and
(c)
(c) in relation to Scotland, a Council constituted under section 2 of the Local Government etc. (Scotland) Act 19949.
Powers of entry
9.—(1) An authorised person may enter any premises (except premises used wholly or mainly as a private dwelling) without prior notice, if the authorised person has reason to believe that it is necessary for the purpose of enforcement of these Regulations or the Official Controls Regulations.
(2) An authorised person must exercise powers of entry at a reasonable hour unless it appears to the authorised person that there are grounds for suspecting that the exercise of the power of entry may be frustrated if the authorised person seeks to exercise them at a reasonable hour.
(3) An authorised person who enters any unoccupied premises must leave...
To continue reading
Request your trial