The Plant Protection Products (Sustainable Use) Regulations 2012

Designation of authorities (training and certification)

5.—(1) The appropriate United Kingdom competent authority shall ensure, by 26th November 2013, that systems are established which enable distributors, advisors and professional users to have access to appropriate training by bodies deemed to be designated under paragraph (10) and to obtain certificates which, as a minimum, provide evidence of sufficient knowledge of the subjects listed in Annex I to the Directive either by undergoing training or by other means (“certification systems”).

(2) Before 26th November 2016, for the purposes of Article 5(2), the appropriate United Kingdom competent authority must designate, by including their names on a list published by that authority, bodies responsible for the implementation of certification systems (“awarding bodies”) and that authority may update that list from time to time.

(3) The appropriate United Kingdom competent authority may only designate an awarding body if—

(a) the authority is satisfied that the body has the necessary capability to implement a certification system; and

(b) its awards are accredited by a regulator in the United Kingdom or it is subject to independent review by a regulator in the United Kingdom.

(4) An awarding body will no longer be designated if the appropriate United Kingdom competent authority removes its name from its published list of awarding bodies.

(5) The appropriate United Kingdom competent authority may remove the name of an awarding body from its published list of awarding bodies if the awarding body no longer satisfies the criteria set out in paragraph (3).

(6) A specified certificate provides evidence of sufficient knowledge of the subjects listed in Annex I to the Directive acquired by professional users, distributors and advisors either by undergoing training or by other means.

(7) Where the holder of a specified certificate is convicted of an offence under these Regulations, under the Plant Protection Products Regulations 2011(1), or under the Plant Protection Products Regulations (Northern Ireland) 2011(2) that certificate is deemed to be withdrawn immediately on receipt of a notice in writing notifying him or her of that fact served by the appropriate United Kingdom competent authority.

(8) A person whose certificate is deemed to be withdrawn pursuant to paragraph (7) may, by satisfying the relevant criteria, obtain another certificate.

(9) If the holder of a certificate deemed to be withdrawn pursuant to paragraph (7) successfully appeals against his or her conviction, his or her certificate is no longer deemed to be withdrawn.

(10) For the purposes of Article 5(1), the bodies designated by awarding bodies are deemed to be those bodies that offer training on the subjects listed in Annex I to the Directive leading to an accredited award in relation to plant protection products.

(11) Before 26th November 2013, the appropriate United Kingdom competent authority must publish a list of certificates, updated from time to time, that provide evidence of sufficient knowledge of the subjects listed in Annex I to the Directive acquired either by undergoing training or by other means.

(12) In this regulation—

“accredited award” means an award accredited by a regulator in the United Kingdom or an award that is offered by a body that is subject to independent review by a regulator in the United Kingdom;

“advisor” means any person who has acquired adequate knowledge of and advises on pest management and the safe use of plant protection products, in the context of a professional capacity or commercial service, including private, self-employed and public advisory services, commercial agents, food producers and retailers where applicable;

“awarding body” means a body responsible for implementing a certification system;

“a regulator in the United Kingdom” means—

(a)

in relation to England, the Quality Assurance Agency or the Office of Qualifications and Examinations Regulation;

(b)

in relation to Wales, the Welsh Ministers or the Quality Assurance Agency (Wales);

(c)

in relation to Scotland, the Quality Assurance Agency (Scotland) or the Scottish Qualifications Authority;

(d)

in relation to Northern Ireland, the Northern Ireland Council for Curriculum Examinations and Assessment or the Office of Qualifications and Examinations Regulation.

(1)

S.I. 2011/2131.

(2)

S.R. (NI) 2011 No 295 amended by S.R. (NI) 2012 No12.