Committee Reports > List of Committees > Joint > 1976 > Committee on the Secondary Legislation of the European Communities > Report No. 30 - Secondary Legislation, Implementation by Statutory Instruments

APPENDIX 3

Food Standards (Certain Sugars) (European Communities) Regulations, 1975 [S.I. No. 118 of 1975].

An Rúnaí,

An Roinn Talmhaíochta Agus Iascaigh.

I am directed by the Chairman of the Joint Committee on the Secondary Legislation of the European Communities to refer to the Food Standards (Certain Sugars) (European Communities) Regulations, 1975 [S.I. No. 118 of 1975] which is to be examined by the Joint Committee.

I am to request you to be good enough to furnish a note for the information of the Joint Committee explaining the need for Regulation 5 of the Regulations. It would appear that this provision has the effect of creating an offence for failure to comply with the law of other countries. It is noted that the parent statute enables regulations to be made prohibiting the export of food which “does not comply with the regulations or specified provisions thereof”. It is desired therefore to ascertain why it is not thought sufficient that a product which does not comply with Council Directive 73/437/EEC of 11th December, 1973, as applied in the importing country, could not lawfully be offered for sale in that country.

Cléireach an Chomhchoiste.

8 Meán Fómhair, 1975.

Cléireach an Chomhchoiste faoi Reachtaíocht Thánaisteach na gComhphobal Eorpach.

Food Standards (Certain Sugars) (European Communities) Regulations, 1975.

I am directed by the Minister for Agriculture and Fisheries to refer to your minute of 8 Meán Fómhair, 1975 and to convey the following observations in relation to Regulation 5 of the above-mentioned Regulations.

Directive 73/437/EEC allows Member States to derogate from some of its provisions and to apply national provisions in certain circumstances. Although the Directive is intended to apply to trade throughout the Community (see Article 14) its provisions are likely to be applied differently in different Member States. Regulation 5 of Statutory Instrument 118/75 caters for this situation and furthermore serves to inform any person intending to export sugar of the need to take account of the manner in which the Directive is applied in other Member States.

13 Feabhra, 1976.