S.I. No. 237/2020 - European Union (Temporary Increase of Official Controls and Measures on Imports of Food and Feed of Non-Animal Origin) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd July, 2020.

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 effect to Commission Implementing Regulation (EU) 2020/625 of 6 May 2020¹ , hereby make the following regulations:

1.

2.

• (a) in Regulation 2-

• (i) by substituting for paragraph (1) the following –

“2. (1) Subject to paragraph (2), these Regulations apply to-

• (a) food of non-animal origin listed in Annexes (I), (II) or (IIa) to Regulation 2019/1793 that has, in or on such food, possible noncompliance with the maximum allowed levels of pesticide residues, or

• (b) feed listed in Annexes (I) or (II) or (IIa) to Regulation 2019/1793 that is imported into the State from a country other than a Member State.”,

• (ii) by substituting for paragraph (2) the following -

• “(2) These Regulations do not apply to consignments of food of non-animal origin or feed of a net weight not exceeding 30 kg listed in Annex I and Annex II to Regulation 2019/1793 —

  • (a) which are destined to a private person for personal consumption or use only, or

  • (b) sent as trade samples, laboratory samples or as display items for exhibitions, that are not intended to be placed on the market or are sent to be used for scientific purposes.”,

• (b) In Regulation 3 (1) by substituting for the definition of “Regulation 2019/1793” the following-

“‘Regulation 2019/1793’ means Commission Implementing Regulation (EU) 2019/1793 of 22 October 2019 as amended by Commission Implementing Regulation (EU) 2020/625 of 6 May 2020;”, and

• (c) In Regulation 21 (1) by substituting for subparagraphs (f) and (g) the following-

• “(f) fails to comply with a requirement on official certificates in contravention of Article 11,

• (g) fails to comply with a prohibition on the entry into the Union of the food and feed listed in Annex IIa in contravention of Article 11a, or

• (h) otherwise contravenes a provision (mentioned in this Regulation)”.

GIVEN under my Official Seal,

19 June, 2020.

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 update existing Regulations with regard to additional levels of controls on the import of certain food of non animal origin from specific third countries with regard to pesticide residues and on the import of certain feed of non animal origin from specific third countries

Footnotes