S.I. No. 325/2017 - European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations 201

for the purpose of giving partial effect to Commission Implementing Regulation (EU) 2017/186 of 2 February 20171 , hereby make the following regulations: Part I Preliminary Citation

1. These Regulations may be cited as the European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations
2. Interpretation 2.

by the competent authority confirming completion of official controls, completed in the official language, or in one of the official languages, of the Member State where the designated point of entry is located

in English; “consignment” means an identifiable quantity of foods listed in Annex I to EU Regulation 2017/186 delivered at one time

determined by an authorised officer to be of the same class or description, covered by the same document(s), conveyed by the same means of transport

coming from the same third country or part of such country; “designated point of entry” means a particular point of entry designated by a competent authority of a Member State pursuant to Article 17 of EC Regulation 882/2004 for the purposes of importation of consignments,

in the case of the State, means such point designated by the State

listed on the website www.fsai.ie; in cases of consignments arriving by sea, which are unloaded at a port in the State for the purposes of being loaded on another vessel for onwards transportation to a port in another Member State, the designated point of entry shall be the latter port; “EC Regulation 669/2009” has the meaning assigned to it by Regulation 2

of the Council of 28 January 20022 as amended by Regulation (EC) No. 1642/2003 of the European Parliament

of the Council of 22 July 20033 , Commission Regulation (EC) No. 575/2006 of 7 April 20064 , Commission Regulation (EC) No. 202/2008 of 4 March 20085 , Regulation (EC) No. 596/2009 of the European Parliament

of the Council of 18 June 20096

Regulation (EU) No. 652/2014 of the European Parliament

of the Council of 15 May 20147 ; “health certificate” means the health certificate required by Article 5 of EU Regulation 2017/186, a model for which is set out in Annex III to that Regulation, completed in an official language of the Member State where the designated point of entry is located

in English; “Health Service Executive” (HSE) means the Health Service Executive, established under section 6 of the Health Act 2004 (No. 42 of 2004); “Member State” means a state which is a contracting party to the Agreement on the European Economic Area signed in Oporto on 2 May 1992; “official agency” means the Health Service Executive, carrying out functions under these Regulations

EU Regulation 2017/186, pursuant to section 48 of the Act of 1998; “Official Controls Regulation” means Regulation (EC) No. 882/2004 of the European Parliament

of the Council of 29 April 20048 , as affected by the Corrigendum to Regulation (EC) No. 882/2004 of 28 May 20049 , as amended by Commission Regulation (EC) No. 1029/2008 of 20 October 200810 , Regulation (EC) No. 596/2009 of the European Parliament

of the Council of 18 June 200911 , Commission Regulation (EU) No. 208/2011 of 2 March 201112 (as corrected by Commission Regulation (EU) No. 880/2011 of 2 September 201113 ), Commission Regulation (EU) No. 563/2012 of 27 June 201214 , Council Regulation (EU) No. 517/2013 of 13 May 201315

Regulation (EU) No. 652/2014 of the European Parliament

of the Council of 15 May 201416 ; “official detention” has the meaning assigned to it by Article 2 of the Official Controls Regulation; “third country” means a state that is not a Member State.

which is also used in EU Regulation 2017/186, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009 has, unless the context otherwise requires, the same meaning in these Regulations as it has in EU Regulation 2017/186, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009. Food legislation 3. These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998. Part 2 General Provisions Competent authority 4.

of these Regulations shall be the Authority, or the official agency, as appropriate.

these Regulations. Detention of consignments 6. The Authority or the official agency, as the case may be, may order the official detention of consignments where that is required to fulfil its obligations under EU Regulation 2017/186

the place

duration of such detention shall be determined by the Authority or the official agency, as appropriate. Import conditions 7. In the case of consignments dispatched from third countries— (

1. a)food business operators may only import the consignment through the designated point of entry in the State for the particular food; (
2. b)food business operators or their representatives shall, at least one working day prior to the physical arrival of the consignment, notify the official agency at the designated point of entry of— (
3. i)the estimated date

time of the arrival,

(ii) the nature of the consignment by completing

transmitting Part I of the common entry document, taking into account the notes for guidance laid down in Annex II to EC Regulation 669/2009; (c) food business operators shall, at the time of presentation for import into the State, present the results of sampling

analysis in accordance with Article 4

analysis referred to in paragraph (c) is carried out in accordance with Article 4

stamped by an authorised representative of the competent authority of the third country of dispatch in accordance with Article 5

(iii) issued not more than four months prior to the date of presentation of the food for import but no longer than six months from the date of the last microbiological laboratory analysis in accordance with Article 5

analysis

the health certificate,

that each individual bag or other packaging form of the consignment is identified with that identification code; (g) food business operators shall ensure that the original of the common entry document, the results of sampling

analysis referred to in paragraph (c)

the health certificate referred to in paragraph (e) shall accompany a consignment during its transport until it is released into free circulation in accordance with Article 8

the common entry document has been fully filled in by the official agency at the designated point of entry as provided for in Article 8 of EU Regulation 2017/186; (i) food business operators shall ensure that, where a consignment is subsequently split, an authenticated copy of the common entry document shall accompany each part of the consignment during its transport

until it is released for free circulation in accordance with Article 9

(j) the release for free circulation of consignments shall be subject to the presentation by the food business operator, or its representatives, to the customs authorities of a common entry document, or its electronic equivalent, duly filled in by the official agency at the designated point of entry once all official controls required by EU Regulation 2017/186 have been carried out

favourable results from physical checks, where such checks are required, are known in accordance with Article 10 of EU Regulation 2017/186. Part 3 Fees, Enforcement

Sanctions Fees 8.

the official agency shall, pursuant to Article 13 of EU Regulation 2017/186, set

charge fees to cover the costs occasioned by the official controls carried out pursuant to that Regulation

these Regulations, including sampling, analysis, storage

any measures taken in case of non-compliance.

the Authority or official agency forms the view that the consignment has been abandoned. Additional powers of authorised officers 9. In the course of his or her duties, an authorised officer may require a person to state his or her name

address

, if the authorised officer thinks it necessary, to produce corroborative evidence of same. Offences 10.

Article 3

(

1. b)of EU Regulation 2017/186; (
2. h)imports a consignment into the State through the designated point of entry in the State but fails to notify the official agency at the designated point of entry in accordance with Regulation 7(b)

Article 7

of EU Regulation 2017/186; (i) imports a consignment but fails to submit the results of sampling

analysis in accordance with Regulation 7(c)

Article 4

analysis is performed in accordance with Regulation 7(d)

Article 4

Article 5

of EU Regulation 2017/186; (l) fails to fully

properly identify a consignment with an identification code, in accordance with Regulation 7(f)

Article 6

of EU Regulation 2017/186; (m) fails to ensure that a consignment is accompanied by the original of the common entry document, the results of sampling

analysis

the health certificate during its transport until it is released into free circulation, contrary to Regulation 7(g)

Article 8

Article 9

Article 9

Article 10

of EU Regulation 2017/186; (

1. q)fails to pay a fee payable pursuant to Regulation 8; (
2. r)forges, or utters knowing it to be forged, a common entry document or other document purporting to be issued, granted or given under these Regulations, or required for the purposes of these Regulations (“a forged document”); (
3. s)alters with intent to defraud or deceive, or utters knowing it to be so altered, a common entry document or other document issued, granted or given under these Regulations, or required for the purposes of these Regulations (“an altered document”); (
4. t)has in his or her possession, without lawful authority, a forged document or an altered document, knowing it to be a forged or altered document as the case may be; (
5. u)tampers with any substance or thing with intent to defraud or deceive

with the result that a sample taken pursuant to these Regulations does not correctly represent the substance sampled; or (v) tampers or interferes with any sample taken under these Regulations, with intent to defraud or deceive.

the offence is committed with the consent, connivance or approval of, or is attributable to any neglect or default on the part of, any director, manager, secretary or any other officer of such body, or a person purporting to act in any such capacity, such person is also guilty of an offence

is liable to be proceeded against

punished as if he or she were guilty of the first-mentioned offence.

every contravention of a paragraph or a subparagraph of such provision shall also be deemed to be a separate contravention

shall carry the same penalty as for a single contravention of any such provision.

substantial reasons for not so doing, order the person to pay to the Authority or the official agency, as the case may be, the costs

expenses, measured by the court, incurred by the Authority or official agency in relation to the investigation, detection

prosecution of the offence, including costs

expenses incurred in the taking of samples, the carrying out of tests, examinations

analyses

in respect of the remuneration

other expenses of employees, consultants

advisors engaged by the Authority or official agency.

expenses under paragraph

not instead of, any fine or penalty the court may impose under paragraph

(l), a person who imports a consignment which left the third country of dispatch before 22 February 2017,

fails to— (a) submit the results of sampling

analysis in accordance with Regulation 7(c)

Article 4

Article 5

of EU Regulation 2017/186, or (

1. c)identify the consignment(
2. s)with a code in accordance with Regulation 7(f)

Article 6of EU Regulation 2017/186 is not guilty of an offence.

Prosecution of offences 11. Notwithstanding section 57 of the Act of 1998, a summary offence under these Regulations may be prosecuted by— (

1. a)the Authority, or (
2. b)the official agency. Revocation 12. The European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016 ( S.I. No. 554 of 2016 ) are revoked. GIVEN under my Official Seal, 2017 19 July 2017. SIMON HARRIS, Minister for Health. EXPLANATORY NOTE (This note is not part of the instrument

does not purport to be a legal interpretation.) These Regulations give partial effect to Commission Implementing Regulation (EU) 2017/186 of 2 February 2017 laying down specific conditions applicable to the introduction into the Union of consignments from certain third countries due to microbiological contamination. These Regulations may be cited as the European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations

1. These Regulations should be read in conjunction with the European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010 ( S.I. No. 391 of 2010 ) as some of the general conditions relating to the import of foods of non-animal origin are derived from those Regulations. These Regulations revoke the European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016 ( S.I. No. 554 of 2016 ). 1 OJ No. L 29, 3.2.2017, p.
2. 2 OJ No. L 31, 1.2.2002, p.
3. 3 OJ No. L 245, 29.9.2003, p.
4. 4 OJ No. L 100, 8.4.2006, p.
5. 5 OJ No. L 60, 5.3.2008, p.
6. 6 OJ No. L 188, 18.7.2009, p.
7. 7 OJ No. L 189, 27.6.2014, p.
8. 8 OJ No. L 165, 30.4.2004, p.
9. 9 OJ No. L 191, 28.5.2004, p.
10. 10 OJ No. L 278, 21.10.2008, p.
11. 11 OJ No. L 188, 18.7.2009, p.
12. 12 OJ No. L 58, 3.3.2011, p.
13. 13 OJ No. L 228, 3.9.2011, p.
14. 14 OJ No. L 168, 28.6.2012, p.
15. 15 OJ No. L 158, 10.6.2013, p.
16. 16 OJ No. L 189, 27.6.2014, p.
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