Controls and Other Official Activities (Amendment) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 21,046, 28 ta’ April, 2023

L.N. 102 of 2023

PLANT QUARANTINE ACT

(CAP. 433)

Protective Measures Against Pests of Plants and Related Official

Controls and Other Official Activities (Amendment) Regulations,

IN EXERCISE of the powers conferred by article 32 of the Plant

Quarantine Act, the Minister responsible for agriculture has made the

following regulations:-

The title of these regulations is the Protective Measures Citation.

Against Pests of Plants and Related Official Controls and Other

Official Activities (Amendment) Regulations, 2023 and these

regulations shall be read and construed as one with the Protective S.L. 433.35.

Measures Against Pests of Plants and Related Official Controls and

Other Official Activities Regulations, hereinafter referred to as "the

principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

(a) in paragraph (a) thereof, immediately after the words

"and 2007/33/EC" there shall be added the words "as may be

amended from time to time";

(b) in paragraph (b) thereof, immediately after the words

"(Official Controls Regulation)" there shall be added the words

"as may be amended from time to time"; and

(c) in paragraph (c) thereof, immediately after the words

"the above mentioned regulations" there shall be added the

words "and as may be amended from time to time".

Sub-regulation (1) of regulation 3 of the principal Amends

regulation 3 of

regulations shall be amended as follows

the principal

regulations.

(a) in the definition "Official Controls Regulation"

thereof, immediately after the words "and plant protection

products" there shall be added the words "as may be amended

from time to time"; and

(b) in the definition "Plant Health Regulation" thereof,

immediately after the words "against pests of plants" there shall

be added the words "as may be amended from time to time".

Regulation 12 of the principal regulations shall be

renumbered as regulation 11.

Regulation 11 of the principal regulations, as renumbered,

shall be amended as follows

(a) sub-regulation (10) thereof shall be substituted by the

following new sub-regulation

"(10) Without prejudice to the provisions of article

29A of the Act, any person found guilty of an offence

against any provision of these regulations, the Official

Controls Regulation, the Plant Health Regulation and any

implementing and delegated acts issued under the

aforementioned regulations, as may be amended from time

to time, shall, on conviction, be liable to the penalties

established under the Act."; and

(b) immediately after there shall be added the following

new sub-regulation

"(11) Where the Director has reasonable cause to

believe that an offence against these regulations has been

committed and that it would be appropriate to impose an

administrative penalty under article 29A of the Act, the

Director shall proceed in accordance with the provisions of

the said article 29A of the Act, which shall be applicable

also in relation to offences against these regulations.".

€0.09