European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Union (Specific Conditions Applicable to the Import of Foodstuffs Containing or Consisting of Betel Leaves from India) Regulations 2016.
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paragraphs: (1) In these Regulations—
(2) A word or expression which is used in these Regulations and which is also used in Regulation (EU) 2016/166, 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 Regulation (EU) 2016/166, the General Food Law Regulation, the Official Controls Regulation or EC Regulation 669/2009.
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paragraphs: These Regulations shall be deemed to be food legislation for the purposes of the Act of 1998.
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paragraphs: The competent authority for the purposes of Regulation (EU) 2016/166 and of these Regulations shall be the Authority, or the official agency, as appropriate.
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paragraphs: The Authority or the official agency, as the case may be, shall carry out official controls on consignments in accordance with Regulation (EU) 2016/166 and these Regulations.
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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 Regulation (EU) 2016/166 and the place and duration of such detention shall be determined by the Authority or the official agency, as appropriate.
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paragraphs: (1) Subject to paragraph (2), in the case of consignments imported from India—
(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 shall, at least one working day prior to the physical arrival of the consignment, notify, whether directly themselves or through their representatives, the official agency at the designated point of entry of—
(i) the estimated date and time of the physical arrival, and
(ii) the nature of the consignment
(c) food business operators shall, at the time of presentation for import into the State, submit the results of sampling and analysis performed by the competent authorities of India in accordance with Article 4(1) of Regulation (EU) 2016/166,
(d) food business operators shall ensure that the sampling for the purposes of subparagraph (c) is carried out in accordance with Article 4(2) of Regulation (EU) 2016/166,
(e) food business operators shall, at the time of presentation for import into the State, submit a health certificate completed, signed and verified in accordance with Article 5 of Regulation (EU) 2016/166,
(f) food business operators shall ensure that each consignment is identified with an identification code which corresponds to the identification code mentioned on—
(i) the results of the sampling and analysis referred to in subparagraph (c), and
(ii) the health certificate referred to in subparagraph (e),
(g) food business operators shall ensure that the original of the common entry document, the results of sampling and analysis referred to in subparagraph (c) and the health certificate referred to in subparagraph (e) shall accompany a consignment during its transport until it is released for free circulation in accordance with Article 8(4) of Regulation (EU) 2016/166,
(h) food business operators shall ensure that consignments are not split until all official controls have been completed and the common entry document has been fully completed by the official agency as provided for in Article 8 of Regulation (EU) 2016/166,
(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 until it is released for free circulation in accordance with Article 9(2) of Regulation (EU) 2016/166, and
(j) the release for free circulation of consignments shall be subject to the presentation by the food business operator, whether directly themselves or through their representative, to the custom authorities of a common entry document, or its electronic equivalent, duly completed by the official agency once all official controls required by Regulation (EU) 2016/166 have been carried out and a favourable decision by the official agency is indicated in accordance with Article 10 of Regulation (EU) 2016/166.
(2) Paragraph (1) shall not apply to consignments which are destined to a private person for personal consumption and use only.
(3) It is the responsibility of the recipient of the consignment to prove that paragraph (2) applies.
(4) Notwithstanding paragraph (1)(c), (e), (f) and (g), a person who imports a consignment which left the country of origin before 12 February 2016, and fails to—
(a) submit the results of sampling and analysis in accordance with Regulation 7(1)(c) and Article 4(1) of Regulation (EU) 2016/166,
(b) submit a health certificate in accordance with Regulation 7(1)(e) and Article 5 of Regulation (EU) 2016/166,
(c) identify the consignment with an identification code corresponding with that mentioned on the results of sampling and analysis and the health certificate in accordance with Regulation 7(1)(f), or
(d) ensure that the consignment is accompanied by the health certificate and results of sampling and analysis in accordance with Regulation 7(1)(g) and Article 8(4) of Regulation (EU) 2016/166,
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paragraphs: (1) The Authority and the official agency shall, pursuant to Article 13 of Regulation (EU) 2016/166, set and charge fees to cover the costs occasioned by the official controls, including sampling, analysis and storage, carried out pursuant to that Regulation and these Regulations, and any measures taken following non-compliance.
(2) The food business operator responsible for the particular consignment shall pay the fees set and charged 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.
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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.
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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(1)(a) and Article 3 of Regulation (EU) 2016/166,
(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(1)(b) and Article 7 of Regulation (EU) 2016/166,
(i) imports a consignment but fails to submit the results of sampling and analysis performed by the competent authorities of India in accordance with Regulation 7(1)(c) and Article 4(1) of Regulation (EU) 2016/166,
(j) fails to ensure that the sampling of a consignment carried out pursuant to Regulation 7(1)(c) is performed in accordance with Regulation 7(1)(d) and Article 4(2) of Regulation (EU) 2016/166,
(k) imports a consignment but fails to submit a health certificate in accordance with Regulation 7(1)(e) and Article 5 of Regulation (EU) 2016/166,
(l) fails to fully and properly identify a consignment with an identification code, in accordance with Regulation 7(1)(f) and Article 6 of Regulation (EU) 2016/166,
(m) fails to ensure that a consignment is accompanied by the original of the common entry document, the results of the sampling and analysis and the health certificate during its transport until it is released for free circulation, contrary to Regulation 7(1)(g) and Article 8(4) of Regulation (EU) 2016/166,
(n) fails to ensure that a consignment is not split, contrary to Regulation 7(1)(h) and Article 9(1) of Regulation (EU) 2016/166,
(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(1)(i) and Article 9(2) of Regulation (EU) 2016/166,
(p) releases for free circulation in the State, a consignment not having presented to the custom authorities a common entry document, or its electronic equivalent, duly completed by the official agency in accordance with Regulation 7(1)(j) and Article 10 of Regulation (EU) 2016/166,
(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).
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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.