Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 20th July, 2018. | ||
I, MICHAEL CREED, Minister for Agriculture Food and the Marine, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), for the purpose of giving full effect to Commission Regulation (EU) 2017/752 of 29 April 20171 , Commission Regulation (EU) 2018/79 of 18 January 20182 , and Commission Regulation (EU) 2018/213 of 12 February 20183 , hereby make the following Regulations: | ||
1. These Regulations may be cited as the European Union (Plastics and other materials) (Contact with food) (Amendment) Regulations 2018. | ||
2. The European Union (Plastics and other materials) (Contact with food) Regulations 2017 are amended- | ||
(a) in Regulation 2 (1) by the substitution, for the definition of “Plastics Regulation”, of— | ||
“ ‘Plastics Regulation’ means Commission Regulation (EC) No. 10/2011 of 14 January 2011 (as amended by Commission Implementing Regulation (EU) No 321/2011 of 1 April 2011, Commission Regulation (EU) No 1282/2011 of 28 November 2011, Commission Regulation (EU) No 1183/2012 of 30 November 2012, Commission Regulation (EU) No 202/2014 of 3 March 2014, Commission Regulation (EU) No 865/2014 of 8 August 2014, Commission Regulation (EU) 2015/174 of 5 February 2015, Commission Regulation (EU) 2016/1416 of 24 August 2016, Commission Regulation (EU) 2017/752 of 29 April 2017, Commission Regulation (EU) 2018/79 of 18 January 2018 and, from 6 September 2018, Commission Regulation (EU) 2018/213 of 12 February 2018);”, | ||
(b) by the insertion, after Regulation 4 (11), of— | ||
“(12) A person who commits an offence under this Regulation is liable— | ||
(a) on summary conviction to a Class A fine or to a term of imprisonment not exceeding 6 months, or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding €250,000 or to a term of imprisonment not exceeding 5 years or to both.”, and | ||
(c) by the substitution, for Regulation 13 (1), of— | ||
“(1) A person who, by act or omission, contravenes— | ||
(a) Article 3, 4, 11(4), 11(5), 15, 16(1), or 17 of the Framework Regulation, | ||
(b) Article 4, 5, 6, 9, 10, 11, 12 or 13 of the active and intelligent material Regulation, subject to Article 14 of that Regulation, | ||
(c) Article 4, 5, 6 or 7 of the GMP Regulation, | ||
(d) Article 2, 3, 4 or 5 of the Epoxy Derivatives Regulation, | ||
(e) Article 2, 3, 4, 5, 7, 8, 10(3), 11, 12, 13 or 14 of the Recycled Plastic Regulation, subject to Articles 14 and 16 of that Regulation, | ||
(f) Article 1, 2, 3 or 4 of Commission Regulation (EU) 2018/213 of 12 February 2018, subject to Article 6 of that Regulation, or | ||
(g) Regulation 3, 5, 6, 7, 11(3), 11(9) or 12 of these Regulations. | ||
commits an offence and is liable— | ||
(i) on summary conviction to a Class A fine or to a term of imprisonment not exceeding 6 months, or to both, | ||
or | ||
(ii) on conviction on indictment, to a fine not exceeding €250,000 or to a term of imprisonment not exceeding 5 years or to both.”. | ||
| ||
GIVEN under my Official Seal, | ||
3 July 2018. | ||
MICHAEL CREED, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation). | ||
These Regulations amend the European Union (Plastics and other materials) (Contact with food) Regulations 2017 to take account of developments at EU level. | ||
1 O.J. L 113 of 29.4.2017, 18. http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/-uri=CELEX:32017R0752&from=EN 2 O.J. L14 of 19.01.2018, 31. http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/-uri=CELEX:32018R0079&rid=2 3 O.J. L41 of 14.02.2018, 6. https://eur-lex.europa.eu/legal-content/EN/TXT/-uri=uriserv:OJ.L_ .2018.041.01.0006.01.ENG&toc=OJ:L:2018:041:TOC |