S.L. 549.111 Art. 14Due diligence obligations of the CouncilRegulation which are subject to administrative fines.

(1) Subject to sub-regulations (2) and (3), administrative fines may be imposed in relation to a failure to comply with any of the following provisions:

(a) Article 4(1) of the Council Regulation (obligation to exercise due diligence);

(b) Article 4(3) of the Council Regulation (obligation to seek, keep and transfer information and documentation to subsequent users);

(c) Article 7(1) and (2) of the Council Regulation (obligation to make a declaration of due diligence).

(2) There is no failure to comply with Article 4(3) of the Council Regulation if the competent authority is satisfied that -

(a) the user is considered to have exercised due diligence under Article 4(4) of the Council Regulation (use of the Plant Treaty’s Standard Material Transfer Agreement for material not listed in Annex 1 to that Treaty);

(b) the user is considered to have exercised due diligence under Article 4(7) of the Council Regulation (users obtaining material from a registered collection); or

(c) the user is in accordance with Article 4(8) of the Council Regulation (use of pathogen for the purpose of public health emergency preparedness).