APPENDIX 5
FOOD STANDARDS (FRUIT JUICES AND FRUIT
NECTARS) (EUROPEAN COMMUNITIES) (AMENDMENT)
REGULATIONS, 1984.
[S.I. NO. 266 OF 1984]
Ref: EC4/80
Secretary
Department of Industry, Trade, Commerce and Tourism
I am directed by Mr. Gerard Collins, T.D., Chairman of the JOint Committee on the Secondary Legislation of the European Communities to refer to the Food Standards (Fruit Juices and Fruit Nectars) (European Communities) (Amendment) Regulations, 1984. [S.I. No. 266 of 1984]
It is noted that Article 3(c) of the Regulations amends the Food Standards (Fruit Juices and Fruit Nectars) (European Communities) Regulations, 1978 by substituting for Regulations 4 and 5 of the latter a new Regulation 4. The latter provides that a person “shall not market” certain products except under prescribed conditions while the Regulations which it replaces provided that a person “shall not sell” similar products which did not conform to prescribed requirements. I am to enquire for the information of the Joint Committee whether the new Regulation is intended to be wider in scope than the Regulation it replaces or what is the significance of the change of phraseology.
Seamus Phelan
Principal Committee Clerk
8 January, 1986.
Ref: No. 51DC /EEC1 /17
21 March, 1986.
Principal Committee Clerk
Joint Committee on the Secondary Legislation
of the European Communities
I am directed by the Minister for Industry, Trade, Commerce and Tourism to refer to your minute dated 8th January, 1986 about a change in phraseology used in the Food Standards (Fruit Juices and Fruit Nectars) (European Communities) (Amendment) Regulations, 1984 [S.I. No. 266 of 1984].
It has been ascertained, from the Parliamentary Draftsman’s Office, that the new Regulation 4 is not intended to be wider in scope than those which it replaces. The phrase “shall not market … unless” was used in the 1984 Regulations to give effect to the words “may be marketed only if” in Article 2(1) of the original 1975 Directive on fruit juices. The Parliamentary Draftsman’s Office normally adheres as strictly as possible, to the terminology used in EEC Directives when drafting Irish implementing Regulations so that they cannot be said to be interpreting the Directives.
The Parliamentary Draftman’s Office sees no danger that the changed phraseology will give rise to a different interpretation in the case in question as, according to the Shorter Oxford Dictionary (Vol. 1 1977), the verbs ‘market’ and ‘sell’ have the same meaning.
_________________________
Thomas O’Reilly
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