Enforcement powers and offences
Onus of proof as regards techniques and evidence16
1
In any proceedings for either of the following offences, that is to say—
a
an offence under Article 15(1)(c) consisting in a failure to comply with the general condition implied by Article 9(4)(c) or (5)(c); or
b
an offence under Article 15(1)(d) consisting in a failure to comply with Article 6(3)(c) or (4)(c);
it shall be for the accused to proveF1 the matters described in paragraph (1A).
F1F11A
The matters referred to in paragraph (1) are—
a
in the case of an offence under Article 15(1)(c) consisting in a failure to comply with the general condition implied by Article 9(5)(c)—
i
that no measures, other than the measures taken by him, were necessary to prevent damage being caused to the environment from the release or, as the case may be, placing on the market of the organisms, or
ii
in a case where he took no measures, that no measures were necessary; and
b
in any other case,
that there was no better available technique not entailing excessive cost than was in fact used to satisfy the condition or comply with that Article.
F12
Where an entry is required by a condition in a consent to be made in any record as to the observance of any other condition and the entry has not been made, that fact shall be admissible as evidence that that other condition has not been observed.