Committee Reports::Report No. 32 - Statutory Instruments [21]::08 July, 1986::Appendix



[S.I. NO. 261 OF 1984]

For the attention T.D. Mahon

Our Ref: EC4/5


Department of Agriculture

Re:- E.C. (Feeding Stuffs) (Additives) (Amendment)
Regulations, 1984.

[S.I. NO. 261 of 1984]

I am directed by Mr. Gerard Collins, T.D., Chairman of the Joint Committee to refer to the above regulations and to make the following enquiries:-

1.Why has the fine applicable in relation to these regulations remained unchanged at £200 since the original regulations were made in 1974 [S.I. No. 302 of 1974] ?

2.Regulation 3 of the 1974 instrument obliges “every person concerned” to comply with its provisions. This phrase was never amended in any of the subsequently made regulations, and therefore remains applicable.

Why is there no reference to this in the explanatory memo to the instrument under current examination ?

Seamus Phelan

Clerk to Joint Committee

9 August, 1985.

Ref: 20/37/33

Your Ref: EC4/5

11 December, 1985.

E.C. (Feeding Stuffs) (Additives) (Amendment) Regulations, 1984.

[S.I. NO. 261 OF 1984]

Mr. Seamus Phelan

Clerk to the Joint Committee on

Legislation of the European Communities

Leinster House

Dublin 2

Dear Mr. Phelan

I wish to refer to your letter of 9 August in which you raised some points in the context of the implementation of the above Regulations. I regret the delay in replying to your enquiries.

The first matter you raised was in relation to the level of fine fixed under the original additive Regulations (S.I. No. 302 of 1974). The figure of £200 was fixed in consultation with the Parliamentqry Draftsman as being the most appropriate for a breach of the Regulations concerned.

We have had no prosecution under the Regulations to date. Hence the figure of £200 has not been critically examined since.

However a new amending Directive has been agreed which effectively codifies the existing Directives on additives. This will have to be brought into national legislation by 31 December, 1986. We will look at the level of the fines for breaching the Regulations at that time.

You also referred to Regulation 3 of the 1974 Regulation which obliges “every person concerned” to comply with its provisions. The position is that this was the phrase used in the Directive. It was the intention that farmers as well as feed compounders have to comply with the Directive - hence the global term “all persons concerned”.

We have brought this matter to the attention of farmers through their Associations. We (and the people in Brussels) recognise that control at farm level is practically impossible, nevertheless the Commission are anxious to keep the broad provision in the Directive

Yours sincerely

T.D. Mahon

Assistant Principal