S.I. No. 202/1988 - European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1988.


S.I. No. 202 of 1988.

EUROPEAN COMMUNITIES (LABELLING, PRESENTATION AND ADVERTISING OF FOODSTUFFS) (AMENDMENT) REGULATIONS, 1988.

I, ALBERT REYNOLDS, 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), and for the purpose of giving effect to Council Directive No. 86/197/EEC of 26 May 1986(1) and Commission Directive No. 87/250/EEC of 15 April 1987(2), hereby make the following Regulations:

(1)OJ No. L144/38, 29.5.86.

(2)OJ No. L113/57, 30.4.87.

1. These Regulations may be cited as the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment) Regulations, 1988.

2. These Regulations shall come into operation on the 1st day of May, 1989, but shall not apply to the sale of beverages labelled before that date.

3. In these Regulations "the Principal Regulations" means the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations, 1982 ( S.I. No. 205 of 1982 ).

4. The Principal Regulations are hereby amended—

(a) by the substitution in Regulation 3(1) of the following definition for the definition of "the Council Directive":

"`the Council Directive' means Council Directive No. 79/112/EEC of 18 December, 1978 (3), as amended by Council Directive No. 86/197/EEC of 26 May 1986;",

(3)OJ No. L33/1, 8.2.79.

and

(b) by the insertion in Regulation 12, after paragraph (2) of the following paragraph:

"(3) An indication of alcoholic strength in the labelling of beverages referred to in the second paragraph of Article 10a of the Council Directive shall be in accordance with Commission Directive 87/250/EEC of 15 April, 1987.".

5. Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under the Principal Regulations, as amended by these Regulations, committed after the commencement of these Regulations may be instituted within 18 months from the date of the offence.

GIVEN under my Official Seal, this 18th day of August, 1988.

ALBERT REYNOLDS,

Minister for Industry andCommerce.

EXPLANATORY NOTE.

These Regulations have been made to give effect to—

Council Directive 86/197/EEC of 26 May, 1986 (O.J. No. L 144/38 of 29 May, 1986) which amends Council Directive 79/112/EEC of 18 December, 1978 on the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer, and

Commission Directive 87/250/EEC of 15 April, 1987 (O.J. No. L 113/57 of 30 April, 1987) on the indication of alcoholic strength by volume in the labelling of alcoholic beverages for sale to the ultimate consumer.

These Regulations require, with respect to beverages containing more than 1.2% by volume of alcohol, that (in addition to labelling details already required to be shown) the actual alcoholic strength by volume be shown.

Rules concerning the indication of alcoholic strength for products covered by Tariff Heads 22.04 and 22.05 are laid down in specific Community provisions applicable to those products.

Rules for all other beverages containing more than 1.2% by volume of alcohol are laid down in Commission Directive 87/250/EEC referred to above.