S.L. 433.35 Art. 11L.N. 102 of 2023. 9

(1) It shall be the duty of the Directorate to ensure compliance with the provisions of these regulations, the Official Controls Regulation and the Plant Health Regulation in Malta and for such purposes, it shall perform investigations, checks, verifications, inspections, follow-ups and other activities during such time or times as may be necessary. For the purposes of the foregoing provisions, the Directorate shall have access to all premises where a regulated activity is being carried out and shall have access to all relevant information and records. Furthermore, collection of samples of plants, plant products and other objects, laboratory testing and other relevant checks thereon may be also carried out by the Directorate.

(2) Without prejudice to the provisions of these regulations, the Directorate may by notice in the Government Gazette publish guidelines establishing the minimum measures to be taken to rectify breaches or to take action on recommendations by the Directorate.

(3) Where it is established, through official controls and other official activities carried out in accordance with these regulations, the Official Controls Regulation and the Plant Health Regulation, that plants, plant products or other objects present a risk of spreading harmful organisms, they shall be the subject of any measures deemed appropriate to ensure compliance to Article 138 of the Official Controls Regulation.

(4) In those cases where the Directorate has reasonable belief that an offence against these regulations, the Official Control Regulation and the Plant Health Regulation has been committed by any person and it results that such person has not previously committed an offence against the Act, the Director may serve an enforcement notice on such person in accordance with sub-paragraph

(b) below:

(5) An enforcement notice served upon a person in terms of sub-regulation (4) shall:

(a) require the person upon whom it is served to carry out such works or to take such steps as the Director may determine in order to remedy or to prevent the continuation or repetition of, any contravention to which the enforcement notice relates; and

(b) state the time period within which any such requirement is to be complied with.

(6) The time period stated in the enforcement notice for compliance with any such requirement shall be such period as is reasonable in the particular circumstances.

(7) The Director may at any time:

(a) withdraw the enforcement notice;

(b) extend the time period for compliance with any remedies specified in the enforcement notice; or

(c) modify the remedies of the enforcement notice.

(8) The Directorate may, when deemed appropriate, issue guidelines, measures or operative procedures for the implementation of these regulations, the Official Controls Regulation and the Plant Health Regulation.

(9) Without prejudice to the generality of sub-regulation (8), the Director may by notice published in the Gazette lay down the minimum measures to be taken to control and prevent the spread of harmful organisms.

(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.

(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.