S.I. No. 195/2007 - European Communities (Beef Carcase Classification) (Amendment) Regulations 2007


S.I. No. 195 of 2007

EUROPEAN COMMUNITIES (BEEF CARCASE CLASSIFICATION) (AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th May, 2007.

I, MARY COUGHLAN, Minister for Agriculture and Food, 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 further effect to Commission Regulation (EEC) No. 344/91 of 13 February 1991 1 , Commission Regulation (EEC) No. 2191/93 of 27 July 1993 2 , Commission Regulation (EC) No. 1993/95 of 16 August 1995 3 , Commission Regulation (EC) No. 1215/2003 of 7 July 2003 4 and Commission Regulation (EC) No. 103/2006 of 20 January 2006 5 , hereby make the following regulations—

1. These Regulations may be cited as the European Communities (Beef Carcase Classification) (Amendment) Regulations 2007.

2. The European Communities (Beef Carcase Classification) Regulations 2004 ( S.I. No. 45 of 2004 ) are amended—

(a) in Regulation 2(1), by—

(i) the substitution, for the definition of “Community Regulations”, of—

“ ‘Community Regulations’ means Council Regulation (EEC) No. 1358/80 of 5 June 1980, Commission Regulation (EEC) No. 1208/81 of 28 April 1981, Commission Regulation (EEC) No. 563/82 of 10 March 1982, Commission Regulation (EEC) No. 3402/85 of 2 December 1985, Council Regulation (EEC) No. 1186/90 of 7 May 1990, Commission Regulation (EEC) No. 344/91 of 13 February 1991, Council Regulation (EEC) No. 1026/91 of 22 April 1991, Commission Regulation (EEC) No. 2090/93 of 27 July 1993, Commission Regulation (EEC) No. 2191/93 of 27 July 1993, Commission Regulation (EC) No. 1993/95 of 16 August 1995, Commission Regulation (EC) No. 295/96 of 16 February 1996, Commission Regulation (EC) No. 2181/2001 of 9 November 2001, Commission Regulation (EC) No. 1215/2003 of 7 July 2003 and Commission Regulation (EC) No. 103/2006 of 20 January 2006;”, and

(ii) the substitution, for the definition of “export premises”, of—

“ ‘export premises’ means a premises to which, but for the making of the European Communities (Food and Feed Hygiene) Regulations 2005 ( S.I. No. 910 of 2005 ), the European Communities (Fresh Meat) Regulations 1997 ( S.I. No. 434 of 1997 ) would apply and that would not be subject to a derogation under Regulation 6 thereof;”,

(b) by the substitution, for Regulation 2(3), of—

“(3) these Regulations apply at export premises.”,

(c) by the substitution, in Regulation 10 for “1254/1999 of 17 May 1999”, of “295/96 of 16 February 1996”, and

(d) by the substitution, for Regulation 16, of—

“16. (1) A person who—

(a) contravenes Article 2 or 3 of Commission Regulation (EC) No. 295/96 of 16 February 1996,

(b) contravenes the Community Regulations,

(c) contravenes these Regulations,

(d) fails to comply with a request of a supervisory officer under Regulation 12, or

(e) obstructs or impedes a supervisory officer in the exercise of his or her powers,

commits an offence and is liable on conviction to a fine not exceeding €5,000 or to a term of imprisonment not exceeding 6 months or to both.

(2) An offence under these Regulations may be prosecuted by the Minister.

(3) If an offence under these Regulations is committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence is committed, is a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if guilty of the first-mentioned offence.

(4) If the affairs of a body corporate or unincorporated body are managed by its members, paragraph (3) applies in relation to the acts and defaults of a member in connection with functions of management as if the member is a director or manager of the body corporate.”.

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GIVEN under my Official Seal,

24 April 2007

MARY COUGHLAN

Minister for Agriculture and Food

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The Regulations amend the European Communities (Beef Carcase Classification) Regulations 2004 ( S.I. No. 45 of 2004 ).

1 O.J. No. L 41 of 14.2.1991, p. 15.

2 O.J. No. L 196 of 5.8.1993, p. 17.

3 O.J. No. L 194 of 17.8.1995, p. 7.

4 O.J. No. L 169 of 8.7. 2003, p. 32.

5 O.J. No. L 17 of 21.1.2006, p. 6.