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  4. S.I. No. 107/1975 - The European Communities (Detergents) (No. 2) Regulations, 1975.

S.I. No. 107/1975 - The European Communities (Detergents) (No. 2) Regulations, 1975.

I, JUSTIN KEATING, Minister for Industry and Commerce, in exercise of the power 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 (Detergents) (No. 2) Regulations, 1975, and shall come into operation on the 28th day of May, 1975.

2. In these Regulations "the Council Directive" means Council Directive 73/404/EEC.*

*OJ No. L 347/51, 17.12.1973, p. 51 (as corrected, OJ No. L 195/35, 18.7.1974).

3. In these Regulations words and phrases shall, unless the context otherwise requires, have the same meanings as in the Council Directive.

4. A person shall not place on the market or use a detergent where the average level of biodegradability of the surfactants contained therein is less than 90% for each of the following categories, namely, anionic, cationic, non-ionic and ampholytic, and shall not contravene the second paragraph of Article 2 of the Council Directive.

5. A person shall not place on the market or use in the State a detergent where it is established in accordance with Article 5 of the Council Directive that the detergent does not comply with the requirements laid down in Article 2 of that Directive.

6. A person shall not put up for sale to the consumer a detergent in respect of which the provisions of subparagraphs 1 (a) and 1 (b) of Article 7 of the Council Directive are not complied with, and shall not transport in bulk a detergent in respect of which the second paragraph of Article 7 (l) of that Directive is not complied with.

7. A person who contravenes paragraph 4 or 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200, together with, in the case of a continuing offence, a further fine of £50 for each day on which the offence is continued.

8. A prosecution for an offence under these Regulations may be brought by the Minister for Industry and Commerce.

9. The European Communities (Detergents) Regulations, 1975 ( S.I. No. 102 of 1975 ), are hereby revoked.

GIVEN under my Official Seal this 28th day of May, 1975.

JUSTIN KEATING,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give legal effect to Council Directive 73/404/EEC.

This Directive requires Member States to prohibit the placing on the market and the use of detergents where the average level of biodegradability (i.e. ability to be broken down by bacteria) of certain essential constituents is less than 90%. It also provides that the name of the product and the name or trade name and address or trademark of the party responsible for placing the product on the market appear on the packaging in which the detergents are put up for sale to the consumer and on all documents accompanying detergents transported in bulk.