European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations 2017.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the European Union (Specific Conditions Applicable to the Introduction into the Union of Consignments from Certain Third Countries due to Microbiological Contamination) Regulations 2017.
num: 2
paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and which is also used in EU Regulation 2017/186, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009 has, unless the context otherwise requires, the same meaning in these Regulations as it has in EU Regulation 2017/186, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009.
num: 3
paragraphs: These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
num: 4
paragraphs: (1) The competent authority for the purposes of EU Regulation 2017/186 and of these Regulations shall be the Authority, or the official agency, as appropriate.
(2) The Authority shall submit biannual reports to the European Commission in accordance with Article 12 of EU Regulation 2017/186.
num: 5
paragraphs: The Authority or the official agency, as the case may be, shall carry out official controls on consignments covered by EU Regulation 2017/186 in accordance with that Regulation and these Regulations.
num: 6
paragraphs: The Authority or the official agency, as the case may be, may order the official detention of consignments where that is required to fulfil its obligations under EU Regulation 2017/186 and the place and duration of such detention shall be determined by the Authority or the official agency, as appropriate.
num: 7
paragraphs: In the case of consignments dispatched from third countries—
(a) food business operators may only import the consignment through the designated point of entry in the State for the particular food;
(b) food business operators or their representatives shall, at least one working day prior to the physical arrival of the consignment, notify the official agency at the designated point of entry of—
(i) the estimated date and time of the arrival, and
(ii) the nature of the consignment
(c) food business operators shall, at the time of presentation for import into the State, present the results of sampling and analysis in accordance with Article 4(1) of EU Regulation 2017/186;
(d) food business operators shall ensure that the sampling and analysis referred to in paragraph (c) is carried out in accordance with Article 4(2) of EU Regulation 2017/186;
(e) food business operators shall, at the time of presentation for import into the State, present a health certificate which is—
(i) in accordance with the model set out in Annex III to EU Regulation 2017/186,
(ii) signed and stamped by an authorised representative of the competent authority of the third country of dispatch in accordance with Article 5(2) of EU Regulation 2017/186, and
(iii) issued not more than four months prior to the date of presentation of the food for import but no longer than six months from the date of the last microbiological laboratory analysis in accordance with Article 5(4) of EU Regulation 2017/186;
(f) food business operators shall ensure that each consignment is identified with an identification code (consignment code) which corresponds to the identification code on the results of sampling and analysis and the health certificate, and that each individual bag or other packaging form of the consignment is identified with that identification code;
(g) food business operators shall ensure that the original of the common entry document, the results of sampling and analysis referred to in paragraph (c) and the health certificate referred to in paragraph (e) shall accompany a consignment during its transport until it is released into free circulation in accordance with Article 8(5) of EU Regulation 2017/186;
(h) food business operators shall ensure that consignments are not split until all checks have been completed and the common entry document has been fully filled in by the official agency at the designated point of entry as provided for in Article 8 of EU Regulation 2017/186;
(i) food business operators shall ensure that, where a consignment is subsequently split, an authenticated copy of the common entry document shall accompany each part of the consignment during its transport and until it is released for free circulation in accordance with Article 9(2) of EU Regulation 2017/186; and
(j) the release for free circulation of consignments shall be subject to the presentation by the food business operator, or its representatives, to the customs authorities of a common entry document, or its electronic equivalent, duly filled in by the official agency at the designated point of entry once all official controls required by EU Regulation 2017/186 have been carried out and favourable results from physical checks, where such checks are required, are known in accordance with Article 10 of EU Regulation 2017/186.
num: 8
paragraphs: (1) The Authority and the official agency shall, pursuant to Article 13 of EU Regulation 2017/186, set and charge fees to cover the costs occasioned by the official controls carried out pursuant to that Regulation and these Regulations, including sampling, analysis, storage and any measures taken in case of non-compliance.
(2) The food business operator responsible for the particular consignment shall pay the fees set pursuant to paragraph (1).
(3) A fee payable pursuant to this Regulation may be recovered by the Authority or the official agency from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.
(4) Moneys received under this Regulation shall be paid into, or disposed of for the benefit of, the Exchequer in accordance with the directions of the Minister for Finance.
(5) The Public Offices Fees Act 1879 (42 & 43 Vict. Cap 58) does not apply to a fee charged pursuant to this Regulation.
(6) The Authority or the official agency, as the case may be, may order that a consignment be destroyed, or otherwise disposed of, where a food business operator has failed to pay a fee charged pursuant to this Regulation in relation to said consignment and the Authority or official agency forms the view that the consignment has been abandoned.
num: 9
paragraphs: In the course of his or her duties, an authorised officer may require a person to state his or her name and address and, if the authorised officer thinks it necessary, to produce corroborative evidence of same.
num: 10
paragraphs: (1) The offences provided for in these Regulations shall not apply to an authorised officer or to a person acting under such an officer’s express direction, acting in the course of his or her duties pursuant to these Regulations.
(2) A person is guilty of an offence if he or she, by act or omission—
(a) obstructs or interferes with an authorised officer in the exercise of the officer’s powers under these Regulations;
(b) fails or refuses to state his or her name or address in compliance with a request under these Regulations;
(c) fails to comply with a request or notice from an authorised officer under these Regulations;
(d) makes a statement to an authorised officer which the person knows is false or misleading;
(e) gives, in purported compliance with a request under these Regulations, a name, an address or corroborative evidence which is false or misleading;
(f) falsely represents himself or herself to be an authorised officer;
(g) imports a consignment other than through the designated point of entry in the State for the particular food, contrary to Regulation 7(a) and Article 3(b) of EU Regulation 2017/186;
(h) imports a consignment into the State through the designated point of entry in the State but fails to notify the official agency at the designated point of entry in accordance with Regulation 7(b) and Article 7 of EU Regulation 2017/186;
(i) imports a consignment but fails to submit the results of sampling and analysis in accordance with Regulation 7(c) and Article 4(1) of EU Regulation 2017/186;
(j) fails to ensure that the sampling and analysis is performed in accordance with Regulation 7(d) and Article 4(2) of EU Regulation 2017/186;
(k) imports a consignment but fails to present a health certificate in accordance with Regulation 7(e) and Article 5 of EU Regulation 2017/186;
(l) fails to fully and properly identify a consignment with an identification code, in accordance with Regulation 7(f) and Article 6 of EU Regulation 2017/186;
(m) fails to ensure that a consignment is accompanied by the original of the common entry document, the results of sampling and analysis and the health certificate during its transport until it is released into free circulation, contrary to Regulation 7(g) and Article 8(5) of EU Regulation 2017/186;
(n) splits a consignment otherwise than in accordance with Regulation 7(h) and Article 9(1) of EU Regulation 2017/186;
(o) in the case of a consignment which has been split, fails to ensure that an authenticated copy of the relevant common entry document accompanies each part of a consignment in accordance with Regulation 7(i) and Article 9(2) of EU Regulation 2017/186;
(p) releases a consignment for free circulation in the State not having presented to the custom authorities a common entry document, or its electronic equivalent, duly filled in by the official agency in accordance with Regulation 7(j) and Article 10 of EU Regulation 2017/186;
(q) fails to pay a fee payable pursuant to Regulation 8;
(r) forges, or utters knowing it to be forged, a common entry document or other document purporting to be issued, granted or given under these Regulations, or required for the purposes of these Regulations (“a forged document”);
(s) alters with intent to defraud or deceive, or utters knowing it to be so altered, a common entry document or other document issued, granted or given under these Regulations, or required for the purposes of these Regulations (“an altered document”);
(t) has in his or her possession, without lawful authority, a forged document or an altered document, knowing it to be a forged or altered document as the case may be;
(u) tampers with any substance or thing with intent to defraud or deceive and with the result that a sample taken pursuant to these Regulations does not correctly represent the substance sampled; or
(v) tampers or interferes with any sample taken under these Regulations, with intent to defraud or deceive.
(3) Where a body corporate, or a person acting on behalf of a body corporate, commits an offence under these Regulations and the offence is committed with the consent, connivance or approval of, or is attributable to any neglect or default on the part of, any director, manager, secretary or any other officer of such body, or a person purporting to act in any such capacity, such person is also guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(4) For the purposes of these Regulations, every contravention of a provision of these Regulations shall be deemed a separate contravention and every contravention of a paragraph or a subparagraph of such provision shall also be deemed to be a separate contravention and shall carry the same penalty as for a single contravention of any such provision.
(5) A person who is guilty of an offence under these Regulations is liable—
(a) on summary conviction, to a class A fine or, at the discretion of the court, to imprisonment for a term not exceeding 6 months, or both, or,
(b) on conviction on indictment, to a fine not exceeding €500,000, or imprisonment for a term not exceeding 3 years, or both.
(6) Where a person is convicted of an offence under these Regulations, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the Authority or the official agency, as the case may be, the costs and expenses, measured by the court, incurred by the Authority or official agency in relation to the investigation, detection and prosecution of the offence, including costs and expenses incurred in the taking of samples, the carrying out of tests, examinations and analyses and in respect of the remuneration and other expenses of employees, consultants and advisors engaged by the Authority or official agency.
(7) An order for costs and expenses under paragraph (6) is in addition to, and not instead of, any fine or penalty the court may impose under paragraph (5).
(8) Notwithstanding paragraph (2)(i), (k) and (l), a person who imports a consignment which left the third country of dispatch before 22 February 2017, and fails to—
(a) submit the results of sampling and analysis in accordance with Regulation 7(c) and Article 4(1) of EU Regulation 2017/186,
(b) submit a health certificate in accordance with Regulation 7(e) and Article 5 of EU Regulation 2017/186, or
(c) identify the consignment(s) with a code in accordance with Regulation 7(f) and Article 6 of EU Regulation 2017/186
num: 11
paragraphs: Notwithstanding section 57 of the Act of 1998, a summary offence under these Regulations may be prosecuted by—
(a) the Authority, or
(b) the official agency.
num: 12
paragraphs: The European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016 ( S.I. No. 554 of 2016 ) are revoked.