S.I. No. 844/2005 - European Communities (Detergents) Regulations 2005
Statutory Instruments | ||||||
EUROPEAN COMMUNITIES (DETERGENTS) REGULATIONS 2005 | ||||||
I, Micheál Martin, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Regulation (EC) No. 648/2004 of the European Parliament and of the Council of 31 March 20041 , hereby make the following regulations: 1. These Regulations may be cited as the European Communities (Detergents Regulations 2005. 2. (1) In these Regulations - | ||||||
“authorised officer” means a person appointed under Regulation 3(1) of these Regulations; | ||||||
“Council Regulation” means Regulation (EC) No. 648/2004 of the European Parliament and of the Council of 31 March 20041 ; | ||||||
“Minister” means the Minister for Enterprise, Trade and Employment. | ||||||
(2) A word or expression that is used in these Regulations and is also used in the Council Regulation shall have the same meaning that it has in the Council Regulation, unless the context otherwise requires. 3. (1) The Minister may appoint one or more persons to be an authorised officer or authorised officers for the purposes of these Regulations. | ||||||
(2) A person appointed under paragraph (1) of this Regulation shall be furnished with a warrant of his or her appointment as an authorised officer and when exercising any powers conferred on him by these Regulations shall, if requested by any person thereby affected, produce the warrant to that person. | ||||||
(3) An authorised officer may at all reasonable times enter and inspect any premises (other than a private dwelling) in which he or she has reasonable grounds for believing there is, or has been, on the premises a contravention of the Council Regulation and he or she may, during such inspection- | ||||||
(a) require any person present to give to that officer any information that he or she may reasonably require for the purposes of the inspection, | ||||||
(b) inspect any detergent or other product that is the subject of the Council Regulation, and | ||||||
(c) take and retain any sample or consignment at or near the premises of any detergent or other product that is the subject of the Council Regulation that the officer reasonably believes fails to comply with the Council Regulation. | ||||||
(4) An authorised officer may detain consignments of detergents that fail to comply with the Council Regulation. 4. (1) A manufacturer who contravenes the Council Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both. | ||||||
(2) A person who- | ||||||
(a) obstructs or interferes with an authorised officer in the exercise of the officer's powers under these Regulations, | ||||||
(b) refuses or fails to comply with a requirement by an authorised officer under these Regulations, or | ||||||
(c) makes a statement to an authorised officer that the person knows to be false or misleading or that he or she does not believe to be true is guilty of an offence and is liable on summary conviction to a fine not exceeding €5,000 or imprisonment for a term not exceeding 12 months or both. | ||||||
(3) Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. 5. Proceedings for an offence under these Regulations may be prosecuted by the Minister. 6. The European Communities (Detergents) Regulations 1984 ( S.I. No. 43 of 1984 ) are revoked. | ||||||
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EXPLANATORY NOTE. | ||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation) | ||||||
The purpose of these Regulations is to give further effect to Council Regulation 648/2004 which consolidates and amends Community legislation in relation to the biodegradability of surfactants in detergents, labelling of detergents and related matters. The Regulations also revoke the European Communities (Detergents) Regulations, 1984 ( S.I. No. 43 of 1984 ). | ||||||
These Regulations should be read together with the Council Regulation. | ||||||
