The Italian Government has recently introduced an extensive
reform of the penalty system on violations of EU Regulations
No 1107/2009 and No 547/2011 on plant protection products
Published in the Gazzetta Ufficiale (the Italian Official
Gazette) on 6 May 2014 and scheduled to enter into force on 21 May
2014, the Legislative Decree No 69 of 17 April 2014 repeals
the previously existing rules on this matter (i.e. Articles 23-28,
Legislative Decree No 194 of 17 March 1995, implemented under
Directive 91/414/CEE) and provides an accurate set of penalties for
infractions related to placement on the market, labelling and
advertising of PPPs.
In a nutshell, the system is reorganized and penalties for
unlawful placement on the market and mislabelling of PPPs are
consolidated in a single text. This better structured system is
likely to be beneficial to the Competent Authorities, resulting
eventually in a faster and more extended enforcement against
violations. At the same time, users must consider the fact that the
new legislation almost trebles the maximum fines for some common
violations such as the placement on the market of unauthorised
PPPs. As a consequence, typical violations of Regulation
No 1107/2009, such as marketing products as fertilizers, which
are in fact PPPs (i.e. without the due authorisation), will be
punished with fines up to EUR 150 000. Also, in the majority
of the cases, the infractions also entail the revocation of the
authorisation for business activity. Lastly, the administrative
penalties are provided in addition to the eventual criminal
liability of the person violating the law.
An overview of the most important authorisation- and
advertising-related penalties is included below. The Decree also
provides further penalties on duplication of tests, violation of
the duty of compulsory communications to the Ministero della Salute
(Minister of Health), as well as data keeping.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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