S.I. No. 153/1988 - European Communities (Co-Responsibility Levy on Cereals) Regulations, 1988.

S.I. No. 153 of 1988.

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON CEREALS) REGULATIONS, 1988.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, 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 effect to Council Regulation (EEC) No. 2727/75 of 29 October, 1975⁽¹⁾ (as amended by Council Regulation (EEC) No. 1097/88 of 25 April 1988 ⁽²⁾, and Commission Regulation (EEC) No. 1432/88 of 26 May, 1988 ⁽³⁾, hereby make the following Regulations:

⁽¹⁾O.J. No. L 281 of 1.11.75 page 1.

⁽²⁾O.J. No. L 110 of 29.4.88 page 7.

⁽³⁾O.J. No. L 131 of 27.5.88 page 37.

1. These Regulations may be cited as the European Communities (Co-responsibility Levy on Cereals) Regulations, 1988.

2. These Regulations shall come into operation on the 1st day of July, 1988.

3. (1) In these Regulations—

"authorised officer" means an officer of the Minister authorised in writing by the Minister for the purposes of these Regulations;

"the Commission Regulation" means Commission Regulation (EEC) No. 1432/88 ⁽³⁾ ;

⁽³⁾O.J. No. L 131 of 27.5.88 page 37.

"the Minister" means the Minister for Agriculture and Food;

"the Communities Regulations" means Council Regulation (EEC) No. 2727/75 of 29 October, 1975 ⁽¹⁾ (as amended by Council Regulation (EEC) No. 1097/88 of 25 April, 1988 ⁽²⁾) and the Commission Regulation.

⁽¹⁾O.J. No. L 281 of 1.11.75 page 1.

⁽²⁾O.J. No. L 110 of 29.4.88 page 7.

(2) A word or expression which is used in these Regulations and is also used in the Communities Regulations shall, unless the contrary intention is expressed, have in these Regulations the meaning that it has in the Communities Regulations.

4. The Minister shall be the competent authority for the purpose of the Communities Regulations.

5. Any co-responsibility levies owing to the Minister under the Communities Regulations which are unpaid may be recovered by the Minister from the person who by virtue of the Communities Regulations is liable to pay them to the Minister as a simple contract debt in any court of competent jurisdiction.

6. (1) Any person who engages in a transaction or operation which is defined in the Commission Regulation as placing on the market and in respect of which he is liable for payment of co-responsibility levies to the Minister shall furnish in writing to the Minister within the appropriate time limit for payment specified in Article 4 of the Commission Regulation full details of the quantities of cereals which have been the subject of any such transaction or operation.

(2) Any person who engages in a transaction or operation which is defined in the Commission Regulation as placing on the market and in respect of which he is liable for payment of co-responsibility levies to the Minister, and

( a ) who fails to comply with paragraph (1) of this Regulation, or knowingly furnishes details referred to therein which are false or misleading, or

( b ) who fails to furnish a declaration required under Article 4 of the Commission Regulation (collection and payment of levies), or who furnishes such a declaration knowing it to be false or misleading, or

( c ) who contravenes Article 6 of the Commission Regulation (keeping accounts available to the competent authority),

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

7. (1) An authorised officer may—

( a ) at all reasonable times enter and inspect any premises in which he has reason for believing that any books, documents or records relating to transactions or operations involving cereals are held or that stocks of cereals or cereal products are held,

( b ) inspect and copy to take extracts from any such books, documents or records and inspect such stocks.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred on him by this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

(3) ( a ) A certificate signed by an authorised officer and stating that a specified amount of co-responsibility levy is due and owing to the Minister by a specified person and is unpaid shall be evidence of the facts stated in the certificate.

( b ) A document purporting to a certificate under this paragraph and to be signed by an authorised officer shall be deemed, for the purposes of this paragraph, to be such a certificate and to be so signed unless the contrary is shown.

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

8. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or approval of, or to have been facilitated by any neglect on the part of, any person, being a director, member of the committee of management or other controlling authority thereof, or manager, secretary or other officer thereof, that person shall also be deemed to have committed the offence and shall be liable to be proceeded against and punished accordingly.

9. An offence under these Regulations may be prosecuted by the Minister.

10. The European Communities (Co-responsibility Levy on Cereals) Regulations, 1986, are hereby revoked.

GIVEN under my Official Seal, this 1st day of July, 1988.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations implement the provisions of Council Regulation (EEC) No. 1097/88 and Commission Regulation (EEC) No. 1432/88, in relation to the collection of co-responsibility levies on cereals.