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Statutory Instruments
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S.I. No. 400 of 2001
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European Communities (Certain
Contaminants In Foodstuffs) Regulations, 2001
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Dublin
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Published
by the Stationery Office
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S.I. No. 400 of 2001
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European Communities (Certain
Contaminants In Foodstuffs) Regulations, 2001
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I, Micháel Martin,
Minister for Health and Children in exercise of the powers conferred on me
by Section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ) having
regard to Council Regulation (EEC) No. 315/93 of 8 February 19931
, and for the purposes of giving effect
to Commission Regulation (EC) No. 194/97 of 31 January 19972 and Corrigendum of 29 May 19973
, and Commission Regulation (EC) No.
1525/98 of 16 July 19984 ,
and Commission Regulation (EC) No. 864/1999 of 26 April 19995 , and Commission Regulation (EC) No.
1566/1999 of 16 July 19996 ,
and Commission Regulation (EC) No. 466/2001 of 8 March 20017 hereby make the following Regulations :-
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PART I
Preliminary
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1. These
Regulations may be cited as the European Communities (Certain Contaminants
in Foodstuffs) Regulations, 2001.
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2. (1) In
these Regulations -
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“Act of 1998” means the Food Safety Authority of Ireland Act, 1998
(No. 29 of 1998) ;
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“the Annexes” means :-
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(a) before 5
April 2002 :
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the Annex to Commission Regulation 194/97 (and Corrigendum of 29
May 1997), as amended by Commission Regulation 1525/98, and Commission
Regulation 864/1999, and Commission Regulation (EC) No. 1566/1999;
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(b) on or
after 5 April 2002 :
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Annex I of Commission Regulation (EC) No. 466/2001 of 8 March 2001;
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“approved examiner” has the meaning assigned to it by the European
Communities (Official Control of Foodstuffs) Regulations 1998 ( S.I. No. 85
of 1998 ) and, for the purposes of these Regulations, includes the State
Chemist in the State Laboratory;
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“authorised officer” means -
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(a) an
authorised officer appointed under Section 49 of the Act of 1998;
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(b) in
relation to the functional area of a health board, a person or a person
belonging to a class of persons, authorised by the chief executive officer
of the health board concerned to perform the functions of an authorised
officer under these Regulations, or
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(c) in
relation to the functional area of the Eastern Regional Health Authority, a
person or a person belonging to a class of persons, authorised by the
Regional Chief Executive of the Eastern Regional Health Authority to perform
the functions of an authorised officer under these Regulations, or
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(d) a person
designated by the Minister for Agriculture, Food and Rural Development who
is authorised in writing by the Minister for Agriculture, Food and Rural
Development to be an authorised officer for the purposes of these
Regulations;
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“Certificate of an approved examiner” means a certificate given by
an approved examiner of any test, examination or analysis made under these
Regulations;
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“contaminant” means any substance not intentionally added to food
which is present in such food as a result of the production (including
operations carried out in crop husbandry, animal husbandry and veterinary
medicine), manufacture, processing, preparation, treatment, packing,
packaging, transport, holding and/or storage of such foodstuffs, or as a
result of environmental contamination. (This definition does not cover
extraneous matter such as insect fragments, animal hair, etc.);
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“the Council and Commission Regulations” means Council Regulation
(EEC) No. 315/93 of 8 February 1993 laying down Community procedures for
contaminants in foodstuffs, and Commission Regulation (EC) No. 194/97 of 31
January 1997 setting maximum levels for certain contaminants in foodstuffs
together with the Corrigendum to Commission Regulation (EC) No. 194/97, as
amended by Commission Regulation (EC) No. 1525/98 of 16 July 1998 and
Commission Regulation (EC) No. 864/1999 of 26 April 1999 and Commission
Regulation (EC) No. 1566/1999 of 16 July 1999 and, with effect from 5 April
2002, Commission Regulation (EC) No. 466/2001 of 8 March 2001;
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“EEA Agreement” means the Agreement on the
European Economic Area signed in Oporto on 2 May
1992 as adjusted by the Protocol to that Agreement done at Brussels on 17
March 19938 ;
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“Food Safety Authority” means the Food Safety Authority of Ireland
established under section 9 of the Food Safety Authority of Ireland Act,
1998 ( No. 29 of 1998 );
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“Foodstuff” means any substance used for food or drink by man, and
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(a) any
substance which enters into or is used in the composition or preparation of
human food,
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(b) any
substance which enters into or is used in the composition or preparation of
any such substance aforesaid, and
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(c) chewing
gum and products of a similar composition and use
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and references to foodstuff include, as the context may require,
references to a particular food, particular foods or a class or classes of
food;
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“functional area” means :-
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(a) in
relation to a health board the functional area of the health board as
specified in the Health Board Regulations, 1970 ( S.I. No. 170 of 1970 );
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(b) in
relation to the Eastern Regional Health Authority, means its functional area
as specified in section 7(4) of the Health (Eastern Regional Health
Authority) Act, 1999 (No. 13 of 1999) ;
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(c) in relation
to the Department of Agriculture, Food and Rural Development, means its
functional area in all of the territory of the State;
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“functions” includes powers and duties and references to the
performance of functions include references to the exercise of powers and
the performance of duties;
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“import” means importation from a country other than a Member State;
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“Member State” means a Member State of the European Community and
shall be construed as including reference to those States which are
Contracting Parties to the EEA Agreement;
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“Minister” means the Minister for Health and Children;
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“Official Control of Foodstuffs” hereinafter called “control of
foodstuffs” means an inspection by an authorised officer of the compliance
of :-
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- foodstuffs,
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- food
additives, vitamins, mineral salts, trace elements and other additives
intended to be sold as such, or
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- materials
and articles intended to come into contact with food,
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with provisions aimed at preventing risks to public health, guaranteeing
fair commercial transactions or protecting consumer interests, including
provisions on consumer information;
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“Official laboratory” means
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(a) a
laboratory approved in writing by the Minister to analyse any samples of a
controlled item taken by an authorised officer for the purposes of these
Regulations, or
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(b) a
laboratory approved in writing by the Chief Executive Officer of a health
board with the consent of the Minister to analyse any samples of a
controlled item taken by an authorised officer for the purposes of these
Regulations, or
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(c) a laboratory
approved in writing by the Regional Chief Executive of the Eastern Regional
Health Authority with the consent of the Minister to analyse any samples of
a controlled item taken by an authorised officer for the purposes of these
Regulations, or
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(d) the
State Laboratory;
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“place on the market” means -
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(a) import,
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(b) sell,
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(c) offer
or expose for sale,
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(d) invite
the making by a person of an offer to purchase,
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(e) distribute
free of charge, or
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(f) supply
for any of those purposes,
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and cognate words shall be construed accordingly;
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“Public Analyst” means an analyst appointed by a health board and/or
the Eastern Regional Health Authority to carry out the duties of a public
analyst for the area of the board and/or Authority or an analyst designated
by a health board and/or Authority to be a public analyst for its area.
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“State Chemist” means the head of the State Laboratory or a person
authorised by him or her in writing to perform the functions performed by
the State Chemist in these Regulations;
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(2) A word or
expression that is used in these Regulations and which is also used in the
Council and Commission Regulations has, unless the context otherwise
requires, the same meaning in these Regulations as it has in the Council and
Commission Regulations;
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(3) (a) A
reference in these Regulations to a Regulation is to a Regulation of these
Regulations, unless it is indicated that reference to some other Regulation
is intended;
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(b) A
reference in these Regulations to a paragraph or subparagraph is to the
paragraph or subparagraph of the provision in which the reference occurs,
unless it is indicated that reference to some other provision is intended.
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PART
II
General Provisions
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3. A
person shall not place on the market foodstuffs unless they comply with the
provisions laid down in these Regulations and in the Council and Commission
Regulations.
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4. (1) A
person shall not manufacture, produce, process, prepare, import, distribute,
market, sell or offer for sale any of the products indicated in the Annexes
which contains contaminants at a level higher than that specified therein;
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(2) A person shall
not place on the market foodstuffs containing a contaminant in an amount
which is unacceptable from the public health viewpoint and, in particular,
at a toxicological level;
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(3) The maximum
limits applicable to the products, as laid down in the Annexes shall also be
applicable to processed products thereof in so far as no specific maximum
limits are fixed for such processed products;
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(4) Contaminant
levels shall be kept as low as can reasonably be achieved by following good
practices at all the stages referred to in paragraph (1).
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(5) With effect
from 5 April 2002 the maximum levels specified in Annex I of Commission
Regulation (EC) No. 466/2001 shall apply to the edible part of the
foodstuffs mentioned.
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5. Without
prejudice to Regulation 4(4), and for the purposes of these Regulations,
Regulations 3 and 4 shall not apply in the case of fresh spinach (Spinacia oleracea L) and fresh
lettuce (Lactuca sativa
L) grown in Ireland in accordance with the Irish Code of Good Agricultural
Practice for Production of Protected Lettuce and Spinach with Respect to
Nitrate Content, and intended for sale in Ireland, for as long as the
derogation provided for in the Council and Commission Regulations continues
in operation.
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6. (1) With
regard to the products mentioned in point 1.2.1 of the Annex of Commission
Regulation (EC) No. 194/97, and subject to the provisions of these
Regulations it is prohibited :-
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(a) to mix
products complying with the maximum limits laid down in the Annexes with
products exceeding the specified maximum limits, or to mix products to be
subjected to a sorting technique or physical treatment with products
intended for direct human consumption or as an ingredient in foodstuffs;
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(c) comply
with the maximum admissible levels laid down, before 5 April 2002 in point
1.2.1.1.3. of the Annex, and on or after that date in point 2.1.1.3. of the
Annex, for nuts and dried fruit, and/or
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(d) are
subjected to a secondary treatment involving sorting or other physical
treatments and that after this treatment the maximum levels laid down,
before 5 April 2002 in points 1.2.1.1.1. and 1.2.1.2.1. of the Annex and
after that date in points 2.1.1.1. and 2.1.2.1. of the Annex, are not
exceeded, and this treatment does not result in other harmful residues;
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(2) the destination
of these products is demonstrated by labelling, which must be conspicuous,
clearly legible and indelible, and comprising the indication “product must
be subjected to sorting or other physical treatment to reduce aflatoxin contamination before human consumption or use
as an ingredient in foodstuffs”.
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(3) With effect
from 5 April 2002, the maximum limits of aflatoxins
applicable to the products, as provided for in Article 4(1) of Commission
Regulation (EC) No. 466/2001 shall also be applicable to processed products
thereof in so far as no specific maximum limits are fixed for such processed
products.
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9. With
effect from 5 April 2002, in the case of products, other than those
mentioned under Article 4(1) of Commission Regulation (EC) No. 466/2001,
which are dried, diluted, processed or composed of more than one ingredient,
insofar as no specific maximum levels are fixed for such products, the
maximum level applicable shall be that laid down in Annex I of that
Regulation, taking into account respectively:
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(1) changes of the
concentration of the contaminant caused by drying or dilution processes,
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(2) changes of the
concentration of the contaminant caused by processing,
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(3) the relative
proportions of the ingredients in the product, and
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(4) the analytical
limit of quantification.
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10. With effect
from 5 April 2002, the maximum levels specified in Annex I of Commission
Regulation (EC) No. 466/2001 shall apply also to food intended for infants
and young children covered by Directive 91/321/EEC and Directive 96/5/EC,
taking into account respectively, the changes of the concentration of the
contaminant caused by drying, dilution or processing and the relative
concentrations of the ingredients in the product.
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11. With effect
from 5 April 2002, and without prejudice to Articles 3(1) and 4(3) of
Commission Regulation (EC) No. 466/2001, it is prohibited to use products as
food ingredients for the production of compound foodstuffs which do not
comply with the maximum levels set in Annex I of that Regulation.
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12. For the
purposes of these Regulations the sampling method applied shall be in
accordance with the methods described in the Annexes.
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13. For the
purposes of these Regulations the analysis method applied shall comply with
the criteria described in the Annexes.
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14. (1) With
effect from 5 April 2002, Commission Regulation (EC) No. 194/97, as amended,
is repealed.
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(2) With effect
from 5 April 2002, references to the repealed Regulation shall be construed
as references to Commission Regulation (EC) No. 466/2001, and shall be read
in accordance with the correlation table in Annex II of Commission
Regulation (EC) No. 466/2001.
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15. Sections 3 and
4 of Annex I of Commission Regulation (EC) No. 466/2001 shall not apply to
products which have been lawfully placed on the Community market before 5
April 2002.
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16. The Minister
for Health and Children, after consultation with the Food Safety Authority
of Ireland, may, by order, temporarily suspend or restrict the application
of these Regulations where, as a result of new information or of a
reassessment of existing information, there is reason to suspect that a
contaminant in food, although complying with these Regulations, constitutes
a health risk.
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PART III
Enforcement
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17. Control of
foodstuffs shall be carried out in accordance with the provisions of these
Regulations.
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18. These
Regulations shall be enforced by the Food Safety Authority of Ireland.
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19. These
Regulations shall be deemed to be food legislation for the purposes of the
Act of 1998 and the enforcement provisions contained in that Act shall
accordingly apply for the purpose of ensuring compliance with these
Regulations.
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20. (1) Without
prejudice to Regulation 19, the powers contained in the European Communities
(Official Control of Foodstuffs) Regulations, 1998 ( S.I. No. 85 of 1998 ),
as amended, may be exercised for the purpose of ensuring compliance with
these Regulations;
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(2) An official
certificate given in accordance with sub-article (1) of Article 14 of the
said Regulations of 1998, as amended, may be adduced in evidence in a
prosecution under these Regulations and shall be prima facie evidence
of the matters contained therein, until the contrary is proved;
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(3) An official
certificate given by the State Laboratory may be adduced in evidence in a
prosecution under these Regulations and shall be prima facie evidence
of the matters contained therein, until the contrary is proved.
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21. (1) Without
prejudice to Regulations 18, 19 and 20, before the European Communities
(Certain Contaminants in Foodstuffs) Regulations, 2001 are added to Schedule
1 of the service contract entered into by a health board and the Food Safety
Authority under the Act of 1998, the powers contained in Regulations 22 to
26 may be exercised by an authorised officer of a health board for the
purpose of ensuring compliance with these Regulations.
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(2) Without
prejudice to Regulations 18, 19 and 20, before the European Communities
(Certain Contaminants in Foodstuffs) Regulations, 2001 are added to Schedule
1 of the service contract entered into by the Eastern Regional Health
Authority and the Food Safety Authority under the Act of 1998, the powers
contained in Regulations 22 to 26 may be exercised by an authorised officer
of a health board for the purpose of ensuring compliance with these
Regulations.
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(3) Without
prejudice to Regulations 18, 19 and 20, before the European Communities
(Certain Contaminants in Foodstuffs) Regulations, 2001 are added to Schedule
1 of the service contract entered into by the Department of Agriculture,
Food and Rural Development, and the Food Safety Authority under the Act of
1998, the powers contained in Regulations 22 to 26 may be exercised by an
authorised officer designated by the Minister for Agriculture, Food and
Rural Development for the purpose of ensuring compliance with these
Regulations.
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22. (1) The
chief executive officer of a health board and the Regional Chief Executive
of the Eastern Regional Health Authority may appoint in writing such and so
many officers of the health board as he or she thinks fit to be authorised officers
for the purposes of ensuring compliance with these Regulations in the
functional area of the health board;
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(2) The Minister
for Agriculture, Food and Rural Development may appoint in writing such and
so many persons as he or she thinks fit to be authorised officers for the
purposes of ensuring compliance with these Regulations;
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(3) An authorised
officer shall be furnished with a certificate of his or her appointment as
an authorised officer and, when exercising any power conferred on an
authorised officer under these Regulations, shall, if requested by any
person affected, produce the certificate to that person;
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(4) For the
purposes of ensuring compliance with these Regulations, after entering into
a service contract between the Food Safety Authority and the Department for
Agriculture, Food and Rural Development, or a health board, or the Eastern
Regional Health Authority, the appointments referred to in paragraphs (1)
and (2) shall continue in force.
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23. (1) An
authorised officer may for the purpose of ensuring that these Regulations
are being complied with -
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(a) at all
reasonable times enter any premises, subject to paragraph (2), at which
there are reasonable grounds to believe that any trade, business or activity
in connection with the production, processing, disposal, manufacture,
exportation, importation, storage, distribution, sale, marketing or
labelling for the purposes of marketing of any foodstuffs or foodstuff
ingredient to which these Regulations apply is or has been carried on, or
that records in relation to such trade, business or activity are kept, and
search and inspect the premises and any foodstuff, label or records found in
or on the premises;
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(b) require
any employee of the health board, a former employee of the health board or
any person otherwise currently or previously retained by the health board,
or any person who carries or has carried on any trade, business or activity
to which these Regulations relate or any person currently or previously
employed in connection with that trade, business or activity to produce to
him or her such records, and in the case of such information in a
non-legible form to reproduce it in a permanent legible form, or to give him
or her such information, as the officer may reasonably require in relation
to any entries in such records;
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(c) secure
for later inspection any premises or any part thereof in which such product,
label or records are kept or with respect to which there are reasonable
grounds for believing that such product, label or records are kept there;
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(d) require
any person in charge thereof or so employed therein, to produce to the
officer such records and to give to the officer such information as the
officer may reasonably require in relation to any entries in such records;
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(e) inspect
and take copies of or extracts from any such records (including in the case
of information in a non-legible form a copy of or extract from such
information in a permanent legible form);
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(f) seize
and detain any product which fails to comply with these Regulations which he
or she has reason to believe is unfit for human consumption;
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(g) remove
and retain the said product, labels or records for such period as may be
reasonable for further examination or until the conclusion of any legal
proceedings;
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(h) as
regards any product, or any article or substance used in the manufacture or
preparation of a product the officer finds at or in a premises, require any
person in charge thereof or any person who appears to the officer to be in
possession of the product or the article or substance, to supply without
payment, for test, examination or analysis sufficient samples thereof;
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(i) require
any person to afford the officer such facilities and assistance within his
or her control or responsibilities as are reasonably necessary to enable the
officer to exercise any of the powers conferred on an authorised officer
under this Regulation;
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(j) require a
person referred to in subparagraph (b) to give to the officer any
information which the officer may reasonably require in regard to the trade,
business or activity or in regard to the persons carrying on such trade,
business or activity or employed in connection with that trade, business or
activity;
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(k) require
any person referred to in subparagraph (b) by or on whose behalf data
equipment is or has been used in relation to a business within the meaning
of subparagraph (a) or any person having charge of, or otherwise concerned
with the operation of, the data equipment or any associated apparatus or
material, to afford the officer all reasonable assistance in relation to its
use in connection with such business;
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(l) summon,
at any reasonable time, any other person being or having been an employee of
the health board or retained or having been retained by the health board or
employed in connection with the trade, business or activity under
examination by the health board to give to the officer any information which
the officer may reasonably require in regard to that trade, business or
activity and to produce to the officer any records which are in that
person's power or control;
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(m) examine any
procedure connected with the manufacture of a product referred to in this
Regulation, and
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(n) exercise
such other powers as may be necessary to ensure that these Regulations are
being complied with;
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(2) An authorised
officer shall not, other than with the consent of the occupier, enter a
private dwelling unless he or she has obtained a warrant from the District
Court under paragraph (6) authorising such entry;
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(3) Where an
authorised officer in the exercise of the officer's powers under this
Regulation is prevented from entering any premises an application may be
made to the District Court under paragraph (6) for a warrant authorising
such entry;
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(4) An authorised
officer where he or she considers it necessary, may be accompanied by a
member(s) of the Garda Síochána
when performing any powers conferred on an authorised officer under this
Regulation;
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(5) In this
Regulation “premises” means any place, ship or other vessel, aircraft,
railway wagon or other vehicle, and includes a container used to transport
foodstuffs;
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(6) If a judge of
the District Court is satisfied on the sworn information of an authorised
officer that there are reasonable grounds for suspecting that there is
information required by an authorised officer under this Regulation held on
or in any premises or any part of any premises or there is a product which
an authorised officer requires to inspect for purposes of these Regulations
or that such inspection is likely to disclose evidence of a contravention of
these Regulations, the judge may issue a warrant authorising an authorised
officer, accompanied, if appropriate, by other authorised officers or by a
member(s) of the Garda Síochána,
at any time or times within one month from the date of issue of the warrant,
on production, if so requested, of the warrant, to enter, if need be by
reasonable force, the premises and exercise all or any of the powers
conferred on an authorised officer under this Regulation;
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(7) An application
under paragraph (6) shall be made to the judge of the District Court in whose
district court district the premises is situated.
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24. (1) An
authorised officer may destroy or otherwise dispose of any product seized
and detained by him or her under paragraph 1(f) of Regulation 23, with the
consent of the owner or person responsible for the product or upon the
granting of an order under paragraph (3).
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(2) An authorised
officer who has seized and detained any product under paragraph 1(f) of
Regulation 23 may, on giving notice in writing to the owner or person
responsible for the product apply to a judge of the District Court in whose
district court district the product was seized for an order directing that
the product be destroyed or otherwise disposed of as being a foodstuff or a
product which is unfit for human consumption.
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(3) A judge of the
District Court to whom an application is made under paragraph (2) shall, if
satisfied that such product does not comply with these Regulations and is
unfit for human consumption, order that it be destroyed or otherwise
disposed of after such period, not exceeding 14 days, as may be specified in
the order, as being a foodstuff which is unfit for human consumption.
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25. (1) Where
a sample of any product, article or substance is supplied pursuant to
sub-paragraph (1)(h) of Regulation 23 and where the division of the sample
is reasonably practicable, the authorised officer concerned may divide the
sample into not more than three approximately equal parts each of which he
or she shall mark in such a way as to identify it as a part of the sample so
supplied;
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(2) The authorised
officer shall mark, seal and fasten each part referred to in paragraph (1)
in such a manner as its nature will permit, forward one part to a laboratory
approved under the European Communities (Official Control of Foodstuffs)
(Approved Laboratories) Order, 1998 ( S.I. No. 95 of 1998 ), or to the State
Laboratory, where it may be tested, examined or analysed for the purposes of
these Regulations by an approved examiner, give or send one part to the
seller, owner or person in apparent charge or control of the product,
article or substance and retain the third part;
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(3) Where an
authorised officer is supplied with a sample consisting of a product,
article or substance which is contained in unopened containers and its
division into parts -
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(a) is not
reasonably practicable, or
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(b) might
affect the composition or impede the proper analysis of the sample,
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the provisions of paragraph (1) as regards the division of samples
into parts shall be deemed to be complied with if the authorised officer
divides the containers into three lots and deals with each lot as if it were
a sample as specified under paragraph (1).
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26. (1) The
approved examiner or a person under his or her direction shall analyse as
soon as possible any sample of a product, article or substance submitted to
him or her in pursuance of these Regulations and the approved examiner shall
certify to the person who submitted the sample to him or her the result of
such analysis;
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(2) If the approved
examiner finds that any sample analysed by him or her under paragraph (1) is
diseased, contaminated or otherwise unfit for human consumption he or she
should set out his or her findings in the form of certificate set out in the
Schedule to these Regulations or a certificate in like form;
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(3) An official
certificate given in accordance with paragraph (1) may be given in evidence
in a prosecution under these Regulations and shall be prima facie
evidence of the matters contained therein, until the contrary is shown.
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27. Where a sample of
a product, article or substance is taken by an authorised officer in
pursuance of these Regulations for analysis by the approved examiner, and
where the seller, owner or person in apparent charge or control of such item
requests in writing the results of such analysis, the request shall be made
to the health board or the Eastern Regional Health Authority in whose
functional area the sample was taken, or the Minister for Agriculture, Food
and Rural Development, or the Food Safety Authority of Ireland, and the
health board or the Eastern Regional Health Authority or the Minister for
Agriculture, Food and Rural Development or the Food Safety Authority of
Ireland shall comply with such request.
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28. (1) A
person who fails to comply with these Regulations (other than Regulations
23(2), 24, 25, 26 or 27) is guilty of an offence;
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(2) A person who
falsely represents himself or herself to be an authorised officer is guilty
of an offence;
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(3) A person who -
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(a) obstructs
or interferes with an authorised officer in the exercise of the officer's
powers under Regulation 23,
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(b) fails to
comply with a request from an authorised officer under Regulation 23, or
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(c) makes a
statement to an authorised officer which the person knows is false or
misleading,
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is guilty of an offence;
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(4) A person guilty
of an offence under these Regulations shall be liable on summary conviction
to a fine not exceeding £1,500 or to imprisonment for a term not exceeding
six months, or both.
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29. Where an
offence under these Regulations is committed by a body corporate or by a
person acting on behalf of 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 any director, manager, secretary or any other officer
of such body or a person who was purporting to act in any such capacity,
such person is also guilty of an offence and shall be liable to be proceeded
against and punished as if he or she were guilty of the same offence.
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30. (1) Any
person who forges, or utters knowing it to be forged, a certificate or other
document purporting to be issued, granted or given under these Regulations
(hereafter in this Regulation referred to as “a forged document”), is guilty
of an offence;
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(2) Any person who
alters with intent to defraud or deceive, or who utters knowing it to be so
altered, a certificate or other document issued, granted or given under
these Regulations (hereafter in this Regulation referred to as “an altered
document”), is guilty of an offence;
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(3) Any person who,
without lawful authority, has in his or her possession a forged document or
an altered document is guilty of an offence;
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(4) Any person who,
with intent to defraud or deceive -
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(a) tampers
with any thing so as to procure that any sample taken pursuant to these
Regulations does not correctly represent the substance sampled, or
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(b) tampers
or interferes with any sample taken under these Regulations,
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is guilty of an offence.
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31. (1) A
notice or other document under these Regulations shall, subject to paragraph
(2), be addressed to the person concerned by name, and may be served on or
given to the person in one of the following ways :
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(a) by
delivering it to the person,
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(b) by
leaving it at the address at which the person ordinarily resides or, in a
case in which an address for service has been furnished, at that address,
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(c) by
sending it by post in a prepaid registered letter to the address at which
the person ordinarily resides or, in a case in which an address for service
has been furnished, to that address,
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(d) where the
address at which the person ordinarily resides cannot be ascertained by
reasonable inquiry and the notice, direction or other document relates to
land, by delivering it to some person over 16 years of age resident or
employed on the land or by affixing it in a conspicuous position on or near
the land;
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(2) It shall not be
lawful for a person at any time during the period of 12 months after a
direction or other document is affixed under paragraph (d) of paragraph (1)
to remove, damage or deface the notice, direction or other document without
lawful authority;
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(3) For the
purposes of this Regulation, a company within the meaning of the Companies
Acts, 1963 to 1999, shall be deemed to be ordinarily resident at its
registered office, and every other body corporate and every unincorporated
body shall be deemed to be ordinarily resident at its principal office or
place of business.
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32. An offence
under these Regulations may be prosecuted by -
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(1) the Food Safety
Authority of Ireland, or
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(2) a health board
within whose functional area the offence was committed, or
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(3) the Eastern
Regional Health Authority within whose functional area the offence was
committed, or
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(4) the Minister
for Agriculture, Food and Rural Development.
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Schedule
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Form of
official certificate to be given by an approved examiner to an authorised
officer.
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European
Communities (Certain Contaminants in Foodstuffs) Regulations, 2001
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Certificate
of Analysis
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To (1)
.........................................
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I, the undersigned (2)
................................................
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being the Approved Examiner for the purpose
of Regulations 20 and 21 of the above Regulations certify that on
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the ........................ day of
......................... 20....
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a sample marked (3)
..............................
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Date .....................................
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Number ................................................
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Weight or Measure
(4) ...........................................
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was submitted to me by you and I certify that
the sample has been analysed/examined by me or under my direction (5) and as
a result I am of the opinion that (6)
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Observations: (7)
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I further certify that the sample has
undergone no change which would affect my opinion/observations expressed
above.
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Certified by me
this.......................day of.....................20.....
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at (8) ......................................
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Name in BLOCK LETTERS
............................................ Status
..............................
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Signature
......................................
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______________________
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Official Stamp
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NOTES
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(1) Insert the name
and address of the person who submitted the sample for analysis.
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(2) Insert
description (i.e. officer of Health Board etc.)
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(3) Insert
particulars of marking (e.g. name, date etc.)
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(4) This may be
left unanswered if the sample cannot be conveniently weighed or measured or
the weight or measurement is not material to the result of analysis.
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(5) State whether
the analysis was carried out by an approved examiner or under his direction
by deleting appropriate words (“by me” or “under my direction”).
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(6) Here the
approved examiner should specify the result of the analysis having regard to
the provision of relevant legislation.
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(7) Here the
approved examiner may insert, at his discretion, his opinion whether the
analysis indicates any addition, abstraction, deficiency or the presence of
foreign matter or other defect and whether the composition or quality is
thereby affected; any physical, chemical or other properties bearing on the
composition or quality of the article; whether the article is injurious to
health or unfit for human consumption; whether and in what respect a label
and description relating to the sample is incorrect or misleading; and he
may add any other observations as he may consider relevant.
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(8) Insert the name
and address of the laboratory carrying out the analysis/examination.
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GIVEN under the Official
Seal of the
Minister for Health and Children this
28th day of August, 2001.
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Micheál
Martin
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Minister for Health and Children
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Explanatory Note
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(This note is not part of the Instrument and does not purport to be
a legal interpretation).
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These Regulations give effect to European
Commission Regulation 194/97 and Corrigenda, Commission Regulation 1525/98
of 16 July 1998, Commission Regulation 864/1999 of 26 April 1999, Commission
Regulation 1566/1999 of 16 July 1999 and, with effect from 5 April 2002,
Commission Regulation (EC) No. 466/2001 of 8 March 2001.
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The principal effect of these Regulations is
to set maximum levels for certain contaminants in foodstuffs.
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1 OJ
No. L 37, 13.2.93, p. 1
2 OJ No
L 31, 1.2.97, p. 48
3 OJ No
L 138, 29.5.97, p. 31
4 OJ
No. L 201, 17.7.98, p. 43
5 OJ
No. L 108, 27.4.99, p. 16
6 OJ
No. L 184, 17.7.99, p. 17
7 OJ
No. L 77, 16.3.2001, p. 1
8 The foodstuffs Directives fall
within the scope of the EEA Agreement by virtue of
Chapter XII of ANNEX II to that Agreement.
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