S.I. No. 459/2020 - European Union (Plant Health) Regulations 2020

• (ii) specifying his or her reasons for the intended revocation, suspension or refusal of the authorisation or approval, or amendment of the condition, and

• (iii) affording the holder of, or applicant for, the authorisation or approval an opportunity for making representations or having representations made on his or her behalf to the Minister in relation to the proposed revocation, suspension or refusal or amendment of the condition, as the case may be, within 14 days of the receipt by that person of the notification referred to in subparagraph (i) and having regard to any such representations.

• (11) The holder of an authorisation or approval shall inform the Minister if significant changes are made in the operation or organisation of the activities to which the authorisation or approval relates.

• (12) A person who contravenes an authorisation or approval or a condition of an authorisation or approval or fails to comply with paragraph (11) commits an offence.

Records

62.

Forgery including fraudulent or deceptive activity

63.

• (a) a document or record referred to in these Regulations,

• (b) a certificate referred to in Article 88 of Regulation No 2017/625,

• (c) an attestation referred to in Article 99 of the Plant Health Regulation or Article 91 of Regulation No 2017/625 or a private attestation,

• (d) an entry in the professional operator register, a record purporting to be maintained under Regulation 62, a requirement or direction of an authorised officer under Regulation 65 (if the requirement or direction is in writing), a compliance notice or notice under Regulation 70, a certificate or other document purporting to be issued, granted or given under these Regulations,

(in this Regulation referred to as “a forged document”).

• (2) A person shall not alter with intent to defraud or deceive, or to utter knowing it to be so altered—

• (a) a document or record referred to in these Regulations,

• (b) a certificate referred to in Article 88 of Regulation No 2017/625,

• (c) an attestation referred to in Article 99 of the Plant Health Regulation or Article 91 of Regulation No 2017/625 or a private attestation,

• (d) an entry in the register of professional operators, a record purporting to be maintained under Regulation 62, a requirement or direction of an authorised officer under Regulation 65 (if the requirement or direction is in writing), a compliance notice or notice under Regulation 70, a certificate or other document purporting to be issued, granted or given under these Regulations,

(in this Regulation referred to as “an altered document”).

• (3) A person shall not have, without lawful authority, in his or her possession or under his or her control a forged document or an altered document.

• (4) A person, either directly or indirectly, by himself or herself or with another person shall not knowingly-

• (a) import or move into the State a plant, plant product or other object where the marketing, indication, documentation or labelling of such plant, plant product or other object is false, deceptive or misleading or is likely to create an erroneous impression about the health status of such plant, plant product or other object,

• (b) sell or supply a plant, plant product or other object to another professional operator or member of the general public where the marketing, indication, documentation or labelling of such plant, plant product or other object is false, deceptive or misleading or is likely to create an erroneous impression about the health status of such plant, plant product or other object,

• (c) make false, incorrect or incomplete statements to deceive or attempt to deceive in relation to the health status of a plant, plant product or other object, or

• (d) apply the ISPM15 mark to wood packaging material, or repair wood packaging material bearing the ISPM15 mark, in contravention of the Plant Health Regulation.

• (5) Without prejudice to the generality of paragraph (4), a person shall not knowingly misrepresent the health status of a plant, plant product or other object in relation to, but not limited to, its infestation or contamination with a pest or disease, place of origin or dispatch, or the species, variety or constituent parts of a plant, plant product or other object.

Part 4 Enforcement

Appointment of authorised officer

64.

• (2) The Minister may terminate the appointment of an authorised officer appointed by him or her, whether or not the appointment was for a fixed period or specified purpose.

• (3) An appointment as an authorised officer ceases—

• (a) if it is terminated pursuant to paragraph (2),

• (b) if it is for a fixed period, on the expiry of that period,

• (c) if it is for a specified purpose, on the completion of that purpose, or

• (d) if the person appointed is an officer of the Minister, a member of the Garda Síochána, an officer of the Revenue Commissioners or member of a class of person, upon the person ceasing to be such an officer or member.

• (4) Nothing in paragraph (3) is to be construed so as to prevent the Minister from reappointing as an authorised officer a person to whom that paragraph relates.

• (5) An authorised officer appointed under this Regulation shall be furnished with a warrant of his or her appointment.

• (6) when exercising a power conferred on him or her, the authorised officer, an officer of the Revenue Commissioners or a member of the Garda Síochána shall, if requested by a person affected, produce the warrant or evidence that he or she is such an officer or member to the person.

Functions of authorised officer

65.

• (a) enter and inspect, at all reasonable times, any premises if he or she is carrying out an official control or other official activity for the purposes of these Regulations, the Plant Health Regulation or a Commission Decision or where he or she has reasonable grounds for believing that—

• (i) a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates is, may be or has been present,

• (ii) a record relating to a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates is, may be or has been present,

• (iii) equipment, machinery, a vehicle, a vessel or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates is, may be or has been present,

• (b) examine a pest, plant, plant product, object, equipment, machinery or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates,

• (c) require the name and address of the owner, or person in possession or control of a pest, plant, plant product, object, equipment, machinery, a document, a vehicle or a vessel used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, or require details of place of departure, journey or destination,

• (d) inspect a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment, machinery, a computerised information management system or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates and require the person in charge or control of such to refrain from moving it,

• (e) require the owner, person in possession or control of any premises, equipment, machinery, a computerised information management system, a vehicle, a vessel or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, to produce to the officer such records (and in the case of a record stored in non-legible form, produce to him or her a copy in a legible form) that are in the person’s possession or procurement, or under the person’s control, as the officer may reasonably require,

• (f) inspect and take copies of any record (including a legible reproduction of one stored in non-legible form) or extracts from the record that the officer finds or is produced to him or her during an inspection,

• (g) make a record, including by means of writing, sound recording, photograph, video or other means,

• (h) take, without making a payment, samples from a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, or any article, substance or liquid as he or she may reasonably require and carry out or cause to be carried out on the samples such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it,

• (i) obtain samples of a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates by way of anonymously placed orders or mystery shopping, whether in person, remotely or over the internet, and carry out or cause to be carried out on the samples such tests, analyses, examinations or inspections as he or she considers necessary or expedient and mark or otherwise identify it.

• (2) An authorised officer may require a person to give information regarding the ownership and identity of a pest, plant, plant product, object, equipment, machinery, a vehicle, a vessel or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates as is in the person’s knowledge or procurement.

• (3) Where an authorised officer has reasonable grounds for believing that—

• (a) an offence is being or has been committed under these Regulations, or

• (b) evidence of an offence to which subparagraph (a) relates may be, is or has been on any land or premises, or in a vehicle, a vessel, an aircraft, a railway wagon, a container, equipment or machinery,

the officer may, in addition to the powers exercisable by him or her under paragraph (1):

• (i) search the land or premises;

• (ii) search the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery (including any computerised information management system);

• (iii) require a person in charge or control of the vehicle, vessel, aircraft, railway wagon, container, equipment or machinery to—

• (I) refrain from moving it, or move it to a location where it may be searched,

• (II) give information regarding its place of departure, journey or destination, and

• (III) where the equipment or machinery is part of a computerised information management system, provide assistance (including passwords) to enable access to such devices or systems;

• (iv) seize and detain a pest, plant, plant product, object or other thing and mark or otherwise identify it;

• (v) detain the vehicle, vessel, aircraft, railway wagon, equipment, machinery (including any computerised information management system) or container for such reasonable period necessary for the purposes of permitting an inspection or a search under this Regulation either at the place where it was first detained or require it to be moved to such other location as the authorised officer requires;

• (vi) remove any equipment, machinery (including any computerised information management system), books, documents or records and detain them for such reasonable period necessary for the purpose of his or her functions under these Regulations;

• (vii) give such direction to a person who has a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, or who has equipment, machinery, vehicle or vessel or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates in his or her possession or under his or her control or who has information relating to such, as the authorised officer may reasonably consider necessary for the purposes of these Regulations.

• (4) 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 66 other than where he or she has reasonable grounds for believing that before a search warrant could be sought in relation to the dwelling under Regulation 66, any evidence of an offence referred to in paragraph (3)(a) is being or is likely to be disposed of or destroyed.

• (5) An authorised officer, when exercising a function 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 function.

• (6) An authorised officer may use reasonable force, if necessary, to exercise his or her functions under these Regulations.

• (7) Where, in the course of exercising a function under these Regulations, an authorised officer finds or comes into possession of anything that the officer has reasonable grounds for believing to be evidence of an offence or suspected offence under these Regulations, the officer may seize and retain it for use in evidence in proceedings for an offence under these Regulations.

• (8) An authorised officer is not liable in any proceedings for anything done in the purported exercise of his or her powers under these Regulations if the court is satisfied that the act was done in good faith and that there were reasonable grounds for doing it.

• (9) A member of the Garda Síochána may stop a vehicle or vessel, for the purposes of these Regulations and may require it to be moved for inspection to such place as he or she directs.

• (10) A person who has—

• (a) a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, or

• (b) equipment, machinery, a vehicle, a vessel or other thing used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates in his or her possession or under his or her control, or information or a record relating to any of them, shall give such—

• (i) assistance to an authorised officer, or person who accompanies the officer, and

• (ii) information to an authorised officer on request being made, in that behalf by the officer, as the officer may reasonably require for the exercise of his or her functions under these Regulations.

• (11) The owner or person in charge of any premises used in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates shall, if required by an authorised officer, where it is practicable and possible, provide suitable equipment or facilities or a suitable part of the plant or establishment for the officer to carry out his or her functions under these Regulations.

• (12) An authorised officer may require a person to give to the officer such information as is in the person’s possession, power or procurement as regards any premises specified by the officer including—

• (a) whether or not the premises is used, either partly or wholly, for or in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates,

• (b) the name of the owner, occupier or person who is in charge of the premises, and

• (c) whether or not the premises is let and, if let, the name and address of the person to whom, and the period of time for which, it is let.

• (13) Nothing in section 17 of the Industrial and Provident Societies Act 1893 prevents an authorised officer from exercising a function conferred on him or her by these Regulations.

Search warrant

66.

• (a) evidence of or relating to the commission or intended commission of an offence under these Regulations is to be found on a premises,

• (b) there is or was a pest, plant, plant product, object, equipment or other thing made, used or adapted for use (including manufacture and transport) in connection with a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, or

• (c) a document or other record related to a thing to which subparagraph (a) or (b) 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 under 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.

Compliance notice

67.

• (a) these Regulations, the Plant Health Regulation or a Commission Decision is not being or has not been complied with, or there are reasons to believe that these Regulations, the Plant Health Regulation or a Commission Decision will not be complied with,

• (b) it is necessary for the protection of human health, plant health or the environment including the prevention, control or eradication of a disease, or

• (c) it is necessary, ancillary or supplementary for the Plant Health Regulation or a Commission Decision to have full effect,

the officer may serve a notice (“compliance notice”) stating that opinion to the person—

• (i) who appears to be the owner, occupier, or person in charge of the premises, or

• (ii) in possession or control of a pest, plant, plant product, object or other thing

to which the notice relates.

• (2) A compliance notice shall—

• (a) require the person to whom it is served to take such action as specified in the notice,

• (b) inform the person to whom it is served that he or she may appeal the notice in the District Court under Regulation 68, and

• (c) state that if the person to whom it is served fails to comply with the notice, he or she commits an offence and is liable to a penalty set out in Regulation 76(1).

• (3) A compliance notice may require that—

• (a) a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates be dealt with in a manner specified in the notice,

• (b) such alterations be made to a premises or operations at a premises as the officer specifies in the notice,

• (c) a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates be detained, disposed of or destroyed in such manner and at a place (if any) as the officer specifies in the notice,

• (d) a specified operation or activity cease on a premises,

• (e) a specified operation or activity take place only in a manner specified in the notice,

• (f) a specified type or level of sampling and analysis be undertaken for a period specified in the notice,

• (g) prohibit the transport or further transport of a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, either absolutely or unless such conditions as may be specified in the notice are complied with,

• (h) require a person to return a pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates, to the place of departure by a route which in the opinion of the authorised officer is the most direct or prudent,

• (i) a measure within the meaning of Article 138(2) of Regulation No 2017/625 be taken as specified in the notice,

• (j) a special treatment within the meaning of Article 71 of Regulation No 2017/625 be taken as specified in the notice,

• (k) a specified operation or activity may only be carried out under and in accordance with such terms and conditions as are specified in the notice, or

• (l) require a person to make such changes to a label, packaging or marketing material including re-labelling of a plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates as may be specified in the notice.

• (4) A person to whom a compliance notice is served shall comply with the compliance notice until the notice expires, is withdrawn under paragraph (6) or is annulled under Regulation 68, and not cause or permit another person to contravene the terms of the notice.

• (5) A compliance notice may specify a time limit within which it is to be complied with.

• (6) A compliance notice may be modified or withdrawn in a further notice and the earlier notice has effect subject to the modification or withdrawal.

• (7) A compliance notice may require the owner, occupier, operator or person in charge of any premises, a pest, plant, plant product, object, vehicle, vessel, machinery (including any computerised information management system), equipment or other thing to which the Plant Health Regulation relates to choose between two or more of the requirements specified in the notice.

• (8) A compliance notice shall include an address for service of an appeal under Regulation 68.

• (9) A person on whom a compliance notice is served who fails to comply with, or causes or permits another person to contravene the notice commits an offence.

Appeal against compliance notice

68.

• (a) where the pest, plant, plant product, object, premises, vehicle, machinery (including any computerised information management system), equipment, vessel or other thing to which the Plant Health Regulation or a Commission Decision relates which is the subject of the notice, is situated, or

• (b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to these Regulations, the Plant Health Regulation or a Commission Decision.

• (2) Notice of an appeal shall contain a statement of the grounds upon which it is alleged that the notice or any of the terms of the notice are unreasonable and shall be served on the authorised officer who served the compliance notice at the address included on the notice in accordance with Regulation 67 not later than 48 hours prior to the hearing of the appeal.

• (3) A person bringing an appeal shall lodge a copy of the notice or appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

• (4) On the hearing of an appeal a Judge of the District Court may confirm, modify or annul a notice.

• (5) A person, including a person on whom a compliance notice has been served, who —

• (a) pending the determination of an appeal, deals with a pest, plant, plant product, object, premises, vehicle, vessel, machinery (including any computerised information management system), equipment or other thing to which the notice relates, other than in accordance with the terms of the compliance notice, or

• (b) if the notice is confirmed or modified on appeal, deals with a pest, plant, plant product, object, any premises, vehicle, vessel, equipment, machinery (including any computerised information management system) or other thing to which the notice relates other than in accordance with the terms of the compliance notice as confirmed or modified

commits an offence.

• (6) In this Regulation “appeal” means an appeal under paragraph (1).

Seizure and detention for non-compliance with a compliance notice

69.

• (a) a person in control of a pest, plant, plant product, object or other thing to which a compliance notice relates, or in control of a premises, vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a pest, plant, plant product, object or other thing to which a compliance notice relates fails to comply with the terms of a compliance notice within the time specified,

• (b) an authorised officer has reasonable grounds for believing that the terms of a compliance notice, whether or not modified under Regulation 68(4), will not be complied with, or

• (c) a compliance notice has been confirmed with or without modification under Regulation 68(4) and the notice has not been complied with,

an authorised officer may at any time seize the pest, plant, plant product, object or other thing to which a compliance notice relates, or seize the vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a pest, plant, plant product, object or other thing to which a compliance notice relates.

• (2) If the pest, plant, plant product, object or other thing to which a compliance notice relates, a vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a pest, plant, plant product, object or other thing to which a compliance notice relates is seized in accordance with paragraph (1), an authorised officer may—

• (a) sell, destroy or dispose of the pest, plant, plant product, object or other thing to which a compliance notice relates or cause it to be sold, destroyed or be disposed of, or

• (b) take such other measures in relation to the pest, plant, plant product, object or other thing to which a compliance notice relates, or in relation to the vessel, vehicle, equipment, machinery (including any computerised information management system) or other thing used in connection with a pest, plant, plant product, object or other thing to which a compliance notice relates as the authorised officer considers appropriate in the circumstances.

• (3) Any profits arising out of the sale, destruction or disposal of a pest, plant, plant product, object or other thing to which a compliance notice relates in accordance with paragraph (2) shall be paid to the owner of the pest, plant, plant product, object or other thing to which a compliance notice relates less any expenses incurred in connection with the seizure, sale, destruction or disposal.

• (4) The costs (including ancillary costs) of a measure taken under this Regulation are recoverable by the Minister—

• (a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the pest, plant, plant product, object or other thing to which these Regulations, the Plant Health Regulation or a Commission Decision relates or from the person who was the owner of the means of transport at the time the measure was carried out, or

• (b) by deducting the costs from any sum payable from the Minister to a person on whom a notice has been served.

• (5) The costs of any action required by a compliance notice shall be borne by the owner of a premises, pest, plant, plant product, object or other thing to which the notice relates.

Fixed Payment Notice

70.

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 28 days beginning on the date of the notice make to the Minister, at the address specified in the notice, a payment of €250 accompanied by the notice,

• (c) the person is not obliged to make the payment, and

• (d) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where a fixed payment notice is served under paragraph (1)—

• (a) the person to whom the notice applies may, during the period specified in the notice, make to the Minister, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

• (b) the Minister may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In proceedings for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the person on whom the fixed payment notice was served.

• (4) In proceedings for an offence referred to in paragraph (1) it is a defence for the accused to show that he or she has made a payment in accordance with this Regulation pursuant to a fixed payment notice issued in respect of that offence.

Part 5 Procedural

Fees

71.

• (a) an application for entry onto, or amendment to, the register of professional operators,

• (b) an application for an authorisation or approval under Regulation 61(1),

• (c) a licence, authorisation, approval, attestation or certificate (or amendment to registration, a licence, authorisation, approval, attestation or certificate) which is in force for a definite or indefinite period of more than 12 months, such annual fee (if any), or

• (d) the performance by the Minister of a function under the Plant Health Regulation or under these Regulations,

and different fees (having regard to Chapter VI of, and Annex IV to, Regulation No 2017/625 and not exceeding the cost, estimated by the Minister, of performing the function to which the fee relates) may be set and charged having regard to the cost to the Minister of performing a particular function.

• (2) Notwithstanding paragraph (1), the Minister shall charge a fee for an activity referred to -

• (a) in Article 79(1), in respect of which a fee is set under Annex IV to that Regulation unless he or she sets a different fee in accordance with Article 81, and

• (b) in Article 79(2), in accordance with Article 81

of Regulation No 2017/625.

• (3) A fee payable pursuant to this Regulation may be recovered by the Minister from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

• (4) Moneys received by the Minister under this Regulation or Regulation 70 shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Public Expenditure and Reform.

• (5) A fee set under the Regulations revoked by Regulation 78 of these Regulations remains payable and may be recovered by the Minister from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

Obstruction and false statements

72.

• (a) obstructs, interferes with or impedes an authorised officer, or any person who accompanies an authorised officer, in the course of exercising a function conferred on the officer under these Regulations,

• (b) fails or refuses, without reasonable cause, to comply with a requirement of an authorised officer under Regulation 65,

• (c) fails, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with Regulation 65,

• (d) in purporting to give information to an authorised officer for the exercise of the officer’s functions under these Regulations—

• (i) makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

• (ii) intentionally fails to disclose a material particular,

• (e) tampers or otherwise interferes with a sample taken under Regulation 65, or

• (f) aids or abets a contravention of these Regulations, the Plant Health Regulation or a Commission Decision

commits an offence.

Data Sharing

73.

• (a) the Minister,

• (b) a body or individual to whom a function under these Regulations, the Plant Health Regulation or a Commission Decision has been delegated, or

• (c) the operator of a laboratory for the analysis of samples,

for the purposes of these Regulations or an act of the institutions of the European Union, may be exchanged by them with each other for the performance by them of their functions under these Regulations.

• (2) Paragraph (1) is without prejudice to any other power of the Minister to disclose information by or under an act of the institutions of the European Union.

Service

74.(1) A compliance notice shall, subject to paragraph (2), be addressed to the person concerned by name and may be served on or given to the person—

• (a) by giving it to the person, his or her employee, servant or agent,

• (b) by leaving it at the address at which the person ordinarily resides, normally carries out business, or, if an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, at that address,

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises,

• (e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

• (2) If a compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

• (3) A person shall not, at any time within 6 months after a compliance notice is affixed under paragraph (1)(d), remove, damage or deface the notification or compliance notice without lawful authority.

• (4) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Part 6 Offences and Penalties

Contravention of these Regulations

• (a) contravenes Regulation 60(5), (6) or (8), 62 or 63(3) of these Regulations,

• (b) fails to give assistance to an authorised officer, or person who accompanies the officer, or

• (c) contravenes a condition of-

• (i) a registration under Regulation 60, or

• (ii) an authorisation or approval under these Regulations

commits an offence.

• (2) A person who contravenes Regulation 63(1), (2), (4) or (5) commits an offence.

• (3) A statement or admission made by a person pursuant to a requirement under Regulation 65(10)(ii) is not admissible in evidence in proceedings brought against the person for an offence (other than an offence under this Regulation for failing to give information or giving false information) under these Regulations.

Penalties & prosecutions

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment to a fine not exceeding €500,000, or to imprisonment for a term not exceeding three years, or to both.

• (2) A person who commits an offence under Regulation 63(1), (2), (4) or (5) is liable—

• (a) on summary conviction, to—

• (i) a class A fine,

• (ii) imprisonment for a term not exceeding 6 months,

• (iii) the forfeiture of any consideration or advantage obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such consideration or advantage, or

• (iv) any combination of the penalties referred to in subparagraphs (i) to (iii), or

• (b) on conviction on indictment, to—

• (i) a fine not exceeding €500,000,

• (ii) imprisonment for a term not exceeding 3 years,

• (iii) the forfeiture of any consideration or advantage obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such consideration or advantage, or

• (iv) any combination of the penalties referred to in subparagraphs (i) to (iii).

• (3) An offence under these Regulations may be prosecuted summarily by the Minister.

• (4) If an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purported to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she was guilty of the offence.

• (5) If the affairs of a body corporate are managed by its members, paragraph (4) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.

• (6) In proceedings alleging a contravention of these Regulations, it is a defence for the defendant to show he or she acted in accordance with a derogation or transitional measure laid down by an act of an institution of the European Union relevant to the subject of the offence it is alleged that he or she committed.

Evidence on certificate etc

• (a) that the person received a sample,

• (b) that, for the period specified in the certificate, the person had the sample in his or her possession,

• (c) that the person gave the sample to another person named in the certificate, or

• (d) the person carried out a procedure for the purpose of detecting in the sample, a substance or contamination or that the sample contained a substance as is, or was contaminated in a manner, specified in the certificate,

is (without proof of the signature of the person or that he or she is employed at the laboratory), unless the contrary is proved, evidence of the matters stated in the certificate.

• (2) A certificate purporting to be signed by an officer of the Minister and to certify that on a specific day or days or during the whole of a specified period-

• (a) a particular person or establishment did not stand registered in the register of professional operators,

• (b) the registration of a person or establishment in the register of professional operators is suspended or has been revoked,

• (c) a person was or was not the holder of an authorisation or approval granted under these Regulations,

• (d) a plan or establishment was or was not authorised or approved under these Regulations, or

• (e) that a particular authorisation or registration, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the Minister, evidence, unless the contrary is shown, of the matters stated in the certificate.

• (3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of any matter stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

Part 7 Revocations and Transitional Measures

Revocations, savers etc

• (a) The European Communities (Phytosanitary Measures) Regulations 2004 ( S.I. No. 578 of 2004 ),

• (b) European Communities (Control of Organisms Harmful to Plants and Plant Products) Regulations 2004 ( S.I. No. 894 of 2004 ),

• (c) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 3) Regulations 2006 ( S.I. No. 490 of 2006 ),

• (d) the European Communities (Phytosanitary Measures) (Sudden Oak Death) (Amendment) Regulations 2007 ( S.I. No. 673 of 2007 ),

• (e) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 3) Regulations 2007 ( S.I. No. 777 of 2007 ),

• (f) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2012 ( S.I. No. 99 of 2012 ),

• (g) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 2) Regulations 2012 ( S.I. No. 297 of 2012 ),

• (h) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No.3) Regulations 2012 ( S.I. No. 370 of 2012 ),

• (i) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 2) Regulations 2017 ( S.I. No. 318 of 2017 ),

• (j) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 3) Regulations 2018 ( S.I. No. 86 of 2018 ),

• (k) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No.4) Regulations 2018 ( S.I. No. 87 of 2018 ),

• (l) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No.5) Regulations 2018 ( S.I. No.444 of 2018 ),

• (m) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) Regulations 2019 ( S.I. No. 227 of 2019 ), and

• (n) European Communities (Control of Organisms Harmful to Plants and Plant Products) (Amendment) (No. 2) Regulations 2019 ( S.I. No. 437 of 2019 ).

• (2) The provisions of the following Orders do not apply to a pest, plant, plant product or other thing referred to in these Regulations, the Plant Health Regulation or a Commission Decision that originates in a Member State—

• (a) the Potatoes Importation (Ireland) Order, 1920,

• (b) the Destructive Insects and Pests (Ireland) Order, 1922,

• (c) the Destructive Insects and Pests (Chrysanthemum Midge) (No. 2) Order 1939,

• (d) the Colorado Beetle Order 1945 (S.R. and O., No. 228 of 1945),

• (e) the Importation of Strawberry Plants and Black Currant and Gooseberry Bushes Order 1946 (S.R. and O. No. 358 of 1946),

• (f) the Importation of Forest Trees (Prohibition) Order 1949 ( S.I. No. 292 of 1949 ), and

• (g) the Stem and Bulb Eelworm Order 1966 ( S.I. No. 2 of 1966 ).

• (3) An authorised officer appointed under the Regulations revoked by paragraph (1) and holding office immediately before the making of these Regulations continues in office after such making as if appointed under these Regulations.

• (4) An authorisation granted under the Regulations revoked by paragraph (1) and in force immediately before the making of these Regulations continues in force after such making as if granted under these Regulations.

• (5) An application for entry in the register or an application for an authorisation (within the meaning of the Regulations revoked by paragraph (1)) that remains to be determined on commencement of these Regulations is, after the commencement of these Regulations considered to be an application for entry in the register of professional operators or an application for an authorisation and may be determined as if made under these Regulations.

• (6) Any reference made in an instrument to Regulations revoked by paragraph (1) shall be construed as a reference to these Regulations.

Regulation 2

Schedule

Ref	EU Act
1	Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017
2	Commission Implementing Regulation (EU) 2017/2313 of 13 December 2017
3	Commission Implementing Regulation (EU) 2018/2018 of 18 December 2018
4	Commission Implementing Regulation (EU) 2018/2019 of 18 December 2018 (as amended by Commission Implementing Regulation (EU) 2020/1214 of 21 August 2020 and Commission Implementing Regulation (EU) 2020/1361 of 30 September 2020)
5	Commission Delegated Regulation (EU) 2019/827 of 13 March 2019
6	Commission Delegated Regulation (EU) 2019/829 of 14 March 2019
7	Commission Delegated Regulation (EU) 2019/1702 of 1 August 2019
8	Commission Implementing Regulation (EU) 2019/1715 of 30 September 2019
9	Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019 as amended by Commission Implementing Regulation (EU) 2020/1164 of 6 August 2020
10	Commission Implementing Regulation (EU) 2019/2148 of 13 December 2019 (as amended by Commission Implementing Regulation (EU) 2020/1217 of 25 August 2020)
11	Commission Implementing Regulation (EU) 2020/178 of 31 January 2020
12	Commission Implementing Regulation (EU) 2020/918 of 1 July 2020
13	Commission Implementing Regulation (EU) 2020/1002 of 9 July 2020
14	Commission Implementing Decision (EU) 2020/758 of 4 June 2020
15	Commission Implementing Regulation (EU) 2020/1191 of 11 August 2020
16	Commission Implementing Regulation (EU) 2020/1199 of 13 August 2020
17	Commission Implementing Regulation (EU) 2020/1201 of 14 August 2020
18	Commission Implementing Regulation (EU) 2020/1213 of 21 August 2020 (as amended by Commission Implementing Regulation (EU) 2020/1362 of 30 September 2020)
19	Commission Implementing Regulation (EU) 2020/1231 of 27 August 2020
20	Commission Implementing Regulation (EU) 2020/1292 of 15 September 2020

GIVEN under my Official Seal,

23 October, 2020.

CHARLIE MCCONALOGUE,

Minister for Agriculture, Food and the Marine.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations give further effect to Plant Health Regulation (EU) 2016/2031 to provide for more proactive and effective measures to protect plants, plant products and forests from destructive pests and diseases.

Footnotes