S.I. No. 43/1973 - European Communities (Names and Labelling of Textile Products) Regulations, 1973


S.I. No. 43 of 1973.

EUROPEAN COMMUNITIES (NAMES AND LABELLING OF TEXTILE PRODUCTS) REGULATIONS, 1973

I, PATRICK J. LALOR, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Names and Labelling of Textile Products) Regulations, 1973, and shall come into operation on the 13th day of February, 1973.

2. (1) Textile products shall not be sold unless they comply with the provisions of Council Directive No. 71/307/EEC of 26 July, 1971,1 as adapted by Part III of and Annex I to the Act annexed to the Treaty relating to the accession of Ireland to the European Economic Community and to the European Atomic Energy Community, signed at Brussels on the 22nd day of January, 1972.

1 OJ No. L 185/16, 25 August, 1971, p. 16.

(2) ( a ) In paragraph (1) "textile products" has the meaning assigned to it by the said Council Directive No. 71/307/EEC of 26 July, 1971.

( b ) The reference in paragraph (1) to sold includes a reference to bartered, offered or exposed for sale and made the subject of an invitation to buy.

3. (1) A person who contravenes Regulation 2 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

(2) An offence under this Regulation may be prosecuted by the Minister for Industry and Commerce.

4. (1) The Minister for Industry and Commerce may appoint such and so many of his officers as he thinks fit to be authorised officers for the purposes of these Regulations.

(2) An authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations shall, if requested by any person affected, produce the warrant to that person.

5. (1) An authorised officer may at all reasonable times enter and inspect any premises, railway waggon, vehicle, ship, vessel or aircraft in which he has reasonable grounds for believing that any textile products are kept and examine, test and (where appropriate) take reasonable samples of any such products which he finds in the course of his inspection.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

6. If any person fradulently—

( a ) tampers with any textile products so as to procure that any sample of it taken under these Regulations does not correctly represent the product, or

( b ) tampers or interferes with any sample taken under these regulations,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both the fine and the imprisonment.

GIVEN under my Official Seal, this 13th day of February, 1973.

PATRICK J. LALOR,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations have been made to give effect to the European Communities Council Directive No. 71/307/EEC of 26 July, 1971 (OJ No. L 185/16, 25 August, 1971) (as adapted by the Treaty of Accession of Ireland to the Communities) relating to the names and labelling of textile products.