Colm Burke (Fine Gael)
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My question is about the sale of pesticides. While I know there is comprehensive legislation dealing with this matter, I would like to ask about counterfeit pesticides. My understanding is that there is a major trade in counterfeit pesticides across Europe, although the authorities are working hard to combat this problem. A loophole has been identified. It is illegal to sell counterfeit pesticides, but it appears there is a deficiency in the legislation in some European countries, and the legislation in Ireland lacks some clarity with regard to whether the authorities have the right to confiscate. In a recent case, 135 tonnes of counterfeit pesticides that were being transported between Germany and Lithuania had to be returned to the owners because the legislation there did not allow the products to be confiscated.

Now we are facing into the spring season, in which there is substantial use of pesticides in this country. In fairness to farmers in this country, they are careful about what they buy and who they buy it from, but it appears this is a growing problem across Europe. What checks have been established in this country? Do we have adequate legislation to ensure we can impound any product that is proved to be a counterfeit? The people who are bringing these products to the market use false information on the containers, so it may be hard to identify what is counterfeit unless there are adequate testing procedures. Does the Minister have concerns about this matter? How are the products coming into this country checked? How can we ensure our legislation in this regard is adequate?

Simon Coveney (Cork South Central, Fine Gael)
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I thank Senator Burke for raising this issue. I am glad he did so because it has forced a focus on this issue in my office that perhaps was not there previously, although there is a strong focus on it in the Department, as I have found out since the Senator tabled his motion.

The placing on the market and use of plant protection products is regulated in Ireland by SI 83/2003. This instrument implements European legislation that lays down the procedures and decision-making criteria that must be used for assessing risk and for approving active substances and the plant protection products containing them.

The pesticide registration and control division, PRCD, of my Department has primary responsibility for the implementation of the legislation in this regard. The registration of plant protection products is a two-stage process. First, the active substances are scientifically reviewed at a European level and, following approval, are included in a positive list of approved substances. Following this inclusion, each member state is required to carry out a detailed scientific review of products containing that particular active substance so that the products may be placed on the market. This review includes a detailed assessment of all properties of a product. It assesses the impact on human or animal health and on the environment that may arise from use of the product, along with its biological effectiveness. Almost 850 such pesticides are registered for marketing in Ireland. Products demonstrating unacceptable impact on health or the environment or without suitable effectiveness cannot be approved or registered.

In addition to the registration process, my Department is also responsible for enforcement of the Chemicals Act in so far as it relates to pesticides. The Act implements procedures to regulate the import and export of dangerous pesticides and improve the regulation of pesticides, especially in developing countries, by requiring prior informed consent from an importing country before import or export can take place. The Act also deals with the classification, labelling and packaging of chemicals, including pesticides, and lays down strict requirements in this regard.

Authorised officers of my Department ensure compliance with the legislation through an enforcement programme, which involves a planned series of inspections of wholesale and retail outlets, sampling and analysis of the pesticides offered for sale to ensure they meet FAO tolerances, namely, that they are what they say they are, and residue testing of Irish and imported primary food products. Approximately 400 wholesale and retail outlets are inspected annually, and wholesalers receive at least three annual inspections to ensure compliance with the regulations. If unregistered products are found several courses of action are available to the authorised officer - this is the key issue for the Senator - which may involve seizure and destruction, the recall and re-export of the product to the country of origin and-or a criminal prosecution. However, it is fair to say the majority of non-compliance encountered by authorised officers relates to a failure to fully comply with the registration procedures.

An annual formulation sampling programme is conducted in order to verify that the products on the market comply with the registration specification. Samples are taken again at retail and wholesale levels and analysed by the pesticide control laboratory. It is accredited to ISO 17025 standard and is equipped with the latest analytical technology. The Department of Agriculture, Food and the Marine carries out a comprehensive pesticide residue control programme, whereby approximately 1,500 samples of produce, both Irish and imported, are analysed for some 340 pesticides. The results indicate substantial compliance with the legislation.

Since the Senator has raised the issue I will revert to the experts in my Department and discuss the issue with them. If he has specific examples or anecdotal evidence that further legislation or enforcement are needed I would like to hear about it.

Colm Burke (Fine Gael)
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My understanding is that there is adequate legislation but the problem is the impounding of products. There is concern that the EU regulations, which we have followed very carefully, involve a technicality about the impounding of counterfeit pesticide. The issue has been raised at European level. I do not know whether there is a proposal to introduce amending regulations to deal with it. It has not been a problem and the Minister has given a very comprehensive reply, for which I thank him and his staff. My only issue is that if such products are found we have the right to infringe them.

Simon Coveney (Cork South Central, Fine Gael)
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I will follow through on that. I have a comprehensive answer but only read out part of it because of time constraints. The Senator will find a lot of detail in it useful. I ask him to contact the office if he wishes to follow up.

Colm Burke (Fine Gael)
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I thank the Minister.