Plant Protection Products (pesticides) and Official Controls

What are Official Controls?

Official Controls are checks carried out by the Competent Authority to ensure that laws across the agri-food chain are being followed. This includes rules on food and feed safety, animal health and welfare, plant health, and the use of plant protection products (PPPs). 

Official Controls are established under Regulation (EU) 2017/625 on Official Controls (the OCR), which came into force on 14 December 2019.  

The OCR introduces a proactive, risk-based approach to compliance checks. 

Official Controls for Plant Protection Products

DAERA is responsible for Official Controls relating to the placing on the market and use of plant protection products (PPPs) in Northern Ireland.

The scope of these controls includes verifying compliance with:

• The legal requirements governing the authorisation, supply and use of plant protection products under Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market; 
• Requirements relating to substances contained within PPPs, including Requirements relating to substances contained within PPPs, including active substances, safeners, synergists, co-formulants, and adjuvants;
• The legal requirements, established under Directive 2009/128/EC on the sustainable use of pesticides, with the exception of pesticide application equipment.

The Official Controls (Plant Protection Products) Regulations (Northern Ireland) 2020

The Official Controls (Plant Protection Products) Regulations (Northern Ireland) 2020 [SR 2020 No. 360] (The 2020 Regulations), came into force on 31 December 2020. 

These Regulations set out how official checks on PPPs are to be carried out in Northern Ireland. They provide the legal framework that enables DAERA to fulfil its responsibilities under the Official Controls Regulation and to take enforcement action where necessary.

Equivalent legislation applies in Great Britain, ensuring that pesticide controls are enforced across the UK.

The Regulations:

• Provide for the exchange of information between Competent Authorities within the United Kingdom and, where appropriate, EU Member States. 
• Confer powers on auditors and inspectors to verify that Official Controls have been carried out effectively. 
• Make it an offence to: 
• Obstruct an auditor or inspector (or anyone accompanying them);
• Fail to provide information when required;
• Provide false or misleading information.
• Enable DAERA to recover certain costs incurred in undertaking Official Controls and enforcement activities. 
• Establish offences and penalties relating to obstruction and the provision of false or misleading information.
• Introduce a requirement for operators involved in the placing on the market or use of PPPs, their active ingredients; safeners and synergists; or adjuvants or co-formulants to register with the Competent Authority.

Registration Requirements

Operators must provide a minimum level of information about their business activities relating to plant protection products. This information helps DAERA plan and deliver effective, risk-based Official Controls.

Visit The Official Controls (Plant Protection Products) Regulations (Northern Ireland) 2020 – List of Operators Registration page for more guidance and to register online.

The PPP Official Controls Programme

Our Official Controls programme for plant protection products is currently being developed.

Further information will be provided in advance of the programme being fully implemented. As the programme is developed, DAERA's objective will be to ensure that inspections and compliance activities are focused on areas of greatest risk while minimising unnecessary burdens on businesses.

PPP Official Controls may include:

• Desk based audits.
• Inspections of premises where pesticides are stored, sold or used.
• Examination of records required to be kept under plant protection product law.
• Checks of certification held by distributors and/or users.

In the meantime, existing arrangements for the enforcement of plant protection product legislation remain in place.

Who is subject to the 2020 Regulations?

If your work involves PPPs, including active substances, safeners, synergists, co-formulants and adjuvants you must comply with the Regulations. This includes:

• businesses who produce, manufacture, process, import, store, distribute and sell PPPs for professional use, their components and adjuvants;
• businesses involved in the supply chain of amateur use (home garden) PPPs;
• users of PPPs in a professional capacity, i.e. in the course of their work. This includes operators, technicians, employers and self-employed people, who work in agriculture, horticulture, forestry and amenity (grounds maintenance) sectors.

Who is NOT subject to the 2020 Regulations?

You do not need to comply with these Regulations if:

• your business is involved in the supply chain or use of the biocides, such as rodenticides and products to control algae in ponds or bio-stimulants, such as seaweed, plant extracts, and trace elements.
• you use pesticides authorised for amateur (home garden) use as part of your gardening hobby.