S.I. No. 677/2020 - European Union (Amendment of Pre-notification of Imports) Regulations 2020
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 5th January, 2021. | ||
I, CHARLIE MCCONALOGUE, Minister for Agriculture, Food and the Marine, 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 further effect to Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 20171 (as amended by Commission Delegated Regulation (EU) 2019/478 of 14 January 20192 and Commission Delegated Regulation (EU) 2019/2127 of 10 October 20193 ) and Commission Implementing Regulation (EU) 2019/1013 of 16 April 20194 (and in so far as these Regulations relate to food contact materials, Commission Regulation (EU) No 284/2011 of 22 March 20115 ), hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Amendment of Pre-notification of Imports) Regulations 2020. | ||
2. The European Union (Temporary Increase of Official Controls and Emergency Measures on Imports of Food and Feed of Non-animal Origin) Regulations 2020 ( S.I. No. 9 of 2020 ) are amended in Regulation 9 by- | ||
(a) substituting for subparagraph (b) the following: | ||
“(b) Except as provided in subparagraph (bb), a food business operator, feed business operator or their representative shall, in accordance with Article 56(3)(a) of Regulation No 2017/625, at least 1 working day before the expected arrival, notify in writing the Minister at the approved border control post of the pending arrival, by means of Part I of the common health entry document, of their intention to move into the State a consignment of, as the case may be, such food or feed; | ||
(bb) A food business operator, feed business operator or their representative referred to in subparagraph (b) may, where logistical constraints prevent compliance with the time limit set out in subparagraph (b), avail of the derogation provided for in Article 1(2) of Commission Implementing Regulation (EU) 2019/1013 of 16 April 2019, but in such a case the period of prior notification shall be at least 24 hours;”. | ||
3. The European Union (Plastics and other materials) (Contact with food) Regulations 2017 ( S.I. No. 49 of 2017 ) are amended in Regulation 4 by substituting for paragraphs (10) and (11) the following: | ||
“(10) Except as provided for in paragraph (10A), a person who imports polyamide or melamine plastic kitchenware from China, including Hong Kong, other than in accordance with Article 3 and 4 of Commission Regulation (EU) No. 284/2011 of 22 March 2011 commits an offence. | ||
(10A) Notwithstanding paragraph (10) in respect of the requirement to notify the Minister at least two working days in advance of the estimated date and time of physical arrival of a consignment at the approved border control post, a person referred to in that paragraph may, where logistical constraints prevent compliance with the time limit set out in Article 4 of Commission Regulation (EU) No. 284/2011 of 22 March 2011, avail of the derogation provided for in Article 1(2) of Commission Implementing Regulation (EU) 2019/1013 of 16 April 2019, but in such a case the period of prior notification shall be at least 24 hours. | ||
(11) The designated border control posts for the purposes of Article 59 and 61 of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 are Dublin airport, Dublin port and Rosslare EuroPort.”. | ||
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GIVEN under my Official Seal, | ||
17 December, 2020. | ||
CHARLIE MCCONALOGUE, | ||
Minister for Agriculture, Food and the Marine. | ||
EXPLANATORY NOTE | ||
(This note is not part of the instrument and does not purport to be a legal interpretation.) | ||
These Regulations change the notification period for imports coming from a country outside the EU to 24 hours in the case of imports arriving into the State. | ||
