European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) (Amendment) (No. 4) Regulations, 2009 (S.I. No. 329 of 2009)
颁布于 2009-08-18 · 文本截至 2026-10-01
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- 语言
- English
- 类型
- 条例
- 国家
- 爱尔兰
- 主题
- Cultivated plants
- 关键词
- plant protection, pesticides, inspection, offences/penalties
- 类别
- agriculture
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STATUTORY INSTRUMENTS. S.I. No. 329 of 2009 ———————— EUROPEAN COMMUNITIES (AUTHORIZATION, PLACING ON THE MARKET, USE AND CONTROL OF PLANT PROTECTION PRODUCTS) (AMENDMENT) (NO. 4) REGULATIONS 2009 (Prn. A9/1170) 2 [329] S.I. No. 329 of 2009 EUROPEAN COMMUNITIES (AUTHORIZATION, PLACING ON THE MARKET, USE AND CONTROL OF PLANT PROTECTION PRODUCTS) (AMENDMENT) (NO. 4) REGULATIONS 2009 I, Brendan Smith, Minister for Agriculture, Fisheries and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) for the purpose of giving further effect to Council Directive No 91/414/EEC of 15 July 19911, Commission Directive 93/71/EEC of 27 July 19932 Commission Directive 94/37/EC of 22 July 19943, Commission Directive 94/43/EC of 27 July 19944, Commission Directive 94/79/EC of 21 December 19945, Commission Directive 95/35/EC of 14 July 19956, Commission Directive 95/36/EC of 14 July 19957, Commission Directive 96/12/EC of 8 March 19968, Commission Directive 96/46/EC of 16 July 19969, Commission Directive 96/68/EC of 21 October 199610, Council Directive 97/57/EC of 22 September 199711 Commission Directive 97/73/EC of 15 December 199712, Commission Directive 98/47/EC of 25 June 199813, Commission Directive 99/1/EC of 21 January 199914, Commission Directive 99/73/EC of 19 July 199915, Commission Directive 1999/80/EC of 28 July 199916, Commission Directive 2000/10/EC of 1 March 200017, Commission Directive 2000/49/EC of 26 July 200018, Commission Directive 2000/50/EC of 26 July 200019, Commission Directive 2000/66/EC of 23 October 200020, Commission Directive 2000/67/EC of 23 October 200021, Com mission Directive 2000/68/EC of 23 October 200022, Commission Directive 2000/80/EC of 4 December 200023, Commission Directive 2001/21/EC of 5 March 200124, Commission Directive 2001/28/EC of 20 April 200125, Commission 1 O.J. 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[329] 3 Directive 2001/36/EC of 16 May 200126, Commission Directive 2001/47/EC of 25 June 200127, Commission Directive 2001/49/EC of 28 June 200128, Commission Directive 2001/87/EC of 12 October 200129, Commission Directive 2001/99/EC of 20 November 200130, Commission Directive 2001/103/EC of 28 November 200131, Commission Directive 2002/18/EC of 22 February 200232, Commission Directive 2002/37/EC of 3 May 200233, Commission Directive 2002/48/EC of 30 May 200234, Commission Directive 2002/64/EC of 15 July 200235, Commission Directive 2002/81/EC of 10 October 200236, Commission Directive 2003/5/EC of 10 January 200337, Commission Directive 2003/23/EC of 25 March 200338, Commission Directive 2003/31/EC of 11 April 200339, Council Regulation (EC) No 806/2003 of 14 April 200340, Commission Directive 2003/39/EC of 15 May 200341, Commission Directive 2003/68/EC of 11 July 200342, Commission Directive 2003/70/EC of 17 July 200343, Commission Directive 2003/79/EC of 13 August 200344, Commission Directive 2003/81/EC of 5 September 200345, Com mission Directive 2003/82/EC of 11 September 200346, Commission Directive 2003/84/EC of 25 September 200347, Commission Directive 2003/112/EC of 1 December 200348, Commission Directive 2003/119/EC of 5 December 200349, Commission Directive 2004/20/EC of 2 March 200450, Commission Directive 2004/30/EC of 10 March 200451, Commission Directive 2004/58/EC of 23 April 200452, Commission Directive 2004/60/EC of 23 April 200453, Commission Directive 2004/62/EC of 26 April 200454, Council Directive 2004/66/EC of 26 April 200455, Commission Directive 2004/71/EC of 28 April 200456, Commission Directive 2004/99/EC of 1 October 200457, Commission Directive 2005/2/EC of 26 O.J. No. L164 of 20.06.2001, p.1 27 O.J. No. L175 of 28.06.2001, p.21 28 O.J. No. L176 of 29.06.2001, p.61 29 O.J. No. L276 of 19.10.2001, p.17 30 O.J. No. L304 of 21.11.2001, p.14 31 O.J. No. L313 of 30.11.2001, p.37 32 O.J. No. L55 of 26.02.2002, p.29 33 O.J. No. L117 of 04.05.2002, p.10 34 O.J. No. L148 of 06.06.2002, p.19 35 O.J. No. L189 of 18.07.2002, p.27 36 O.J. No. L276 of 12.10.2002, p.28 37 O.J. No. L8 of 14.01.2003, p.7 38 O.J. No. L81 of 28.03.2003, p.39 39 O.J. No. L101 of 23.04.2003, p.3. 40 O.J. No. L122 of 16.05.2003, p.1 41 O.J. No. L124 of 20.05.2003, p.30 42 O.J. No. L177 of 16.07.2003, p.12 43 O.J. No. L184 of 23.07.2003, p.9 44 O.J. No. L205 of 14.08.2003, p.16 45 O.J. No. L224 of 06.09.2003, p.29 46 O.J. No. L228 of 12.09.2003, p.11 47 O.J. No. L247 of 30.09.2003, p.20 48 O.J. No. L321 of 06.12.2003, p.32 49 O.J. No. L325 of 12.12.2003, p.41 50 O.J. No. L70 of 09.03.2004, p.32 51 O.J. No. L77 of 13.03.2004, p.50 52 O.J. No. L120 of 24.04.2004, p.26 53 O.J. No. L120 of 24.04.2004, p.39 54 O.J. No. L125 of 28.04.2004, p.38 55 O.J. No. L168 of 01.05.2004, p.35 56 O.J. No. L127 of 29.04.2004, p.104 57 O.J. No. L309 of 06.10.2004, p.6 4 [329] 19 January 200558, Commission Directive 2005/3/EC of 19 January 200559,, Council Directive 2005/25/EC of 14 March 200560, Commission Directive 2005/34/EC of 17 May 200561, Commission Directive 2005/53/EC of 16 September 200562, Commission Directive 2005/54/EC of 19 September 200563, Commission Directive 2005/57/EC of 21 September 200564, Commission Directive 2005/58/EC of 21 September 200565, Commission Directive 2005/72/EC of 21 October 200566, Commission Directive 2006/5/EC of 17 January 200667, Commission Directive 2006/6/EC of 17 January 200668, Commission Directive 2006/10/EC of 27 January 200669, Commission Directive 2006/16/EC of 7 February 200670, Commission Directive 2006/19/EC of 14 February 200671, Com mission Directive 2006/39/EC of 12 April 200672, Commission Directive 2006/45/EC of 16 May 200673, Commission Directive 2006/74/EC of 21 August 200674, Commission Directive 2006/75/EC of 11 September 200675, Commission Directive 2006/76/EC of 22 September 200676, Commission Directive 2006/41/EC of 7 July 200677, Commission Directive 2006/131/EC of 11 December 200678, Commission Directive 2006/132/EC of 11 December 200679, Commission Directive 2006/133/EC of 11 December 200680, Commission Directive 2006/134/EC of 11 December 200681, Commission Directive 2006/135/EC of 11 December 200682, Commission Directive 2006/136/EC of 11 December 200683, Commission Directive 2006/64/EC of 18 July 200684, Commission Directive 2006/85/EC of 23 October 200685, Commission Directive 2007/6/EC of 14 February 200786, Commission Directive 2007/21/EC of 10 April 200787, Com mission Directive 2007/5/EC of 7 February 200788, Commission Directive 2007/25/EC of 23 April 200789, Commission Directive 2007/31/EC of 31 May 58 O.J. No. L20 of 22.01.2005, p.15 59 O.J. No. L20 of 22.01.2005, p.19 60 O.J. No. L90 of 08.04.2005, p.1 61 O.J. No. L125 of 18.05.2005, p 5 62 O.J. No. L241 of 17.09.2005, p.51 63 O.J. No. L244 of 20.09.2005, p.21 64 O.J. No. L246 of 22.09.2005, p.14 65 O.J. No. L246 of 22.09.2005, p.17 66 O.J. No. L279 of 22.10.2005, p.63 67 O.J. No. L12 of 18.01.2006, p.17 68 O.J. No. L12 of 18.01.2006, p.21 69 O.J. No. L25 of 28.01.2006, p.24 70 O.J. No. L36 of 08.02.2006, p.37 71 O.J. No. L44 of 15.02.2006, p.15 72 O.J. No. L104 of 13.04.2006, p.30 73 O.J. No. L130 of 18.05.2006, p.27 74 O.J. No. L235 of 30.08.2006, p.17 75 O.J. No. L248 of 12.09.2006, p.3 76 O.J. No. L263 of 23.09.2006, p.9 77 O.J. No. L187 of 08.07.2006, p.24 78 O.J. No. L349 of 12.12.2006, p.17 79 O.J. No. L349 of 12.12.2006, p.22 80 O.J. No. L349 of 12.12.2006, p.27 81 O.J. No. L349 of 12.12.2006, p.32 82 O.J. No. L349 of 12.12.2006, p.37 83 O.J. No. L349 of 12.12.2006, p.42 84 O.J. No. L206 of 27.07.2006, p.107 85 O.J. No. L293 of 24.10.2006, p.3 86 O.J. No. L43 of 15.02.2007, p.13 87 O.J. No. L97 of 12.04.2007, p.42 88 O.J. No. L35 of 08.02.2007, p.11 89 O.J. No. L106 of 24.04.2007, p.35 [329] 5 200790, Commission Decision 2007/452/EC of 29 June 200791, Commission Directive 2007/50/EC of 2 August 200792, Commission Directive 2007/52/EC of 16 August 200793, Commission Directive 2007/76/EC of 20 December 200794, Commission Directive 2008/40/EC of 28 March 200895, Commission Directive 2008/41/EC of 31 March 200896, Commission Directive 2008/44/EC of 4 April 200897, Commission Directive 2008/45/EC of 4 April 200898, Commission Directive 2008/91/EC of 29 September 200899, Commission Directive 2008/70/EC of 11 July 2008100, (Commission Directive 2008/66/EC of 30 June 2008101, Com mission Directive 2008/69/EC of 1 July 2008102, Commission Directive 2009/25/EC of 2 April 2009, (from 1 September 2009) Commission Directive 2008/108/EC of 26 November 2008103, (from 1 November 2009) Commission Directive 2008/107/EC of 25 November 2008104 and Commission Directive 2008/113/EC of 8 December 2008105, (from 1 Feb 2010) Commission Directive 2008/116/EC of 15 December 2008106, (from 1 March 2010) Commission Directive 2008/125/EC of 19 December 2008107 and Commission Directive 2008/127/EC of 18 December 2008108, (from 1 May 2010) Commission Directive 2009/11/EC of 18 February 2009109, Commission Directive 2009/25/EC of 2 April 2009110, and (from 1 June 2010) Commission Directive 2009/37/EC of 23 April 2009111, hereby make the following Regulations: 1. 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. 2. 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— 90 O.J. No. L140 of 01.06.2007, p.44 91 O.J. No. L172 of 30.06.2007, p.83 92 O.J. No. L202 of 03.08.2007, p.15 93 O.J. No L214 of 17.08.2007, p.3 94 O.J. No. L337 of 21.12.2007, p.100 95 O.J. No. L87 of 29.03.2008, p.5 97 O.J. No. L94 of 05.04.2008, p.13 98 O.J. No. L94 of 05.04.2008, p.21 99 O.J. No.L262 of 01.10.2008, p.31 100 O.J. No.L185 of 12.07.2008, p.40 101 O.J. No.L171 of 01.07.2008, p.9 102 O.J. No.L172 of 02.07.2008, p.9 103 O.J. No.L317 of 26.11.2008, p.6 104 O.J. No.L316 of 26.11.2008, p.4 105 O.J. No.L330 of 09.12.2008, p.6 106 O.J. No.L337 of 16.12.2008, p.86 107 O.J. No.L344 of 20.12.2008, p.78 108 O.J. No.L344 of 20.12.2008, p.89 109 O.J. No.L48 of 19.02.2009, p.5 110 O.J. No. L91 of 03.04.2009, p.20 111 O.J. No. L104 of 24.04.2009, p.23 6 [329] (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 con trol, 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, air craft, 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, examin ations 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, pho tography or video, [329] 7 (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 protec tion 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 8 [329] 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 Regu lation 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 any thing 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 market ing, use, processing or movement of a plant protection prod uct, 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 Sı́ochána has reasonable grounds to suspect that a person has committed an offence under these Regu lations, 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 Cus toms and Excise or a member of the Garda Sı́ochána 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 prop erty, which may be exercised by a member of an Garda Sı́ochána 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 con ferred on him or her by these Regulations. [329] 9 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 contra vention 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 manu facture and transport) in connection with a plant protection product, or (d) a document or other record related to a thing to which sub paragraph (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 10 [329] (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 Com munities (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 pro tection 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, [329] 11 (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 require ment 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 para graph 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 com pliance 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 12 [329] 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 prem ises, 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 pro tection 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 accord ance 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 protec tion 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 Regu lation 33A(5), an authorised officer may seize and detain a vehicle, vessel, animal, animal product, plant, plant product, feed, food, plant protection prod uct 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, [329] 13 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 prod uct 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 prod uct 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 juris diction, 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 prod uct, plant, plant product, feed, food, plant protection product or ingredient for a plant protection product to which the notice relates.” GIVEN under my Official Seal, 18 August 2009. BRENDAN SMITH, Minister for Agriculture, Fisheries and Food. 0 14 [329] EXPLANATORY NOTE (This note is not part of the instrument and does not purport to be a legal interpretation) These Regulations amend the European Communities (Authorization, Placing on the Market, Use and Control of Plant Protection Products) Regulations, 2003 (S.I. No. 83 of 2003), as amended 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). The amendments specify and update the enforcement provisions of the Regulations. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach dı́reach ón OIFIG DHÍOLTA FOILSEACHÁN RIALTAIS, TEACH SUN ALLIANCE, SRÁID THEACH LAIGHEAN, BAILE ÁTHA CLIATH 2, nó trı́d an bpost ó FOILSEACHÁIN RIALTAIS, AN RANNÓG POST-TRÁCHTA, AONAD 20 PÁIRC MIONDÍOLA COIS LOCHA, CLÁR CHLAINNE MHUIRIS, CONTAE MHAIGH EO, (Teil: 01 - 6476834 nó 1890 213434; Fax: 094 - 9378964 nó 01 - 6476843) nó trı́ aon dı́oltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased directly from the GOVERNMENT PUBLICATIONS SALE OFFICE SUN ALLIANCE HOUSE, MOLESWORTH STREET, DUBLIN 2, or by mail order from GOVERNMENT PUBLICATIONS, POSTAL TRADE SECTION, UNIT 20 LAKESIDE RETAIL PARK, CLAREMORRIS, CO. MAYO, (Tel: 01 - 6476834 or 1890 213434; Fax: 094 - 9378964 or 01 - 6476843) or through any bookseller. —————— \3.81 Wt. (B27088). 295. 8/09. Cahill. Gr. 30-15. ISBN 978-1-4064-4864-1