S.I. No. 143/2014 - European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2014.

1. (1) These Regulations may be cited as the European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2014.

(2) The Principal Regulations, the Regulations of 2012, the Regulations of 2013 and these Regulations may be cited together as the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 to 2014.

2. In these Regulations—

“Principal Regulations” means the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (

S.I. No. 218 of 2010

);

“Regulations of 2012” means the European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2012 (

S.I. No. 276 of 2012

) and the European Communities (Certain Contaminants in Foodstuffs) (Amendment) (No. 2) Regulations 2012 (

S.I. No. 348 of 2012

);

“Regulations of 2013” means the European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2013 (

S.I. No. 380 of 2013

).

3. The Principal Regulations are amended—

(

a

) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting for the definition of “Commission Regulation (EC) No. 1881/2006” the following—

‘“Commission Regulation (EC) No. 1881/2006’ means Commission Regulation (EC) No. 1881/2006 of 19 December 2006

2

regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 2007

3

, Commission Regulation (EC) No. 565/2008 of 18 June 2008

4

, Commission Regulation (EC) No. 629/2008 of 2 July 2008

5

, Commission Regulation (EU) No. 105/2010 of 5 February 2010

6

, Commission Regulation (EU) No. 165/2010 of 26 February 2010

7

, Commission Regulation (EU) No. 420/2011 of 29 April 2011

8

as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 2011

9

, Commission Regulation (EU) No. 835/2011 of 19 August 2011

10

, Commission Regulation (EU) No. 1258/2011 of 2 December 2011

11

, Commission Regulation (EU) No. 1259/2011 of 2 December 2011

12

, Commission Regulation (EU) No. 594/2012 of 5 July 2012

13

, Commission Regulation (EU) No. 1058/2012 of 12 November 2012

14

and Commission Regulation (EU) No. 1067/2013 of 30 October 2013

1

;”.

(

b

) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting for the definition of “EU Regulations” the following—

‘“EU Regulations’ means Council Regulation (EEC) No. 315/93 of 8 February 1993

15

laying down Community procedures for contaminants in food, Commission Regulation (EC) No. 1881/2006 of 19 December 2006

2

regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 2007

3

, Commission Regulation (EC) No. 565/2008 of 18 June 2008

4

, Commission Regulation (EC) No. 629/2008 of 2 July 2008

5

, Commission Regulation (EU) No. 105/2010 of 5 February 2010

6

, Commission Regulation (EU) No. 165/2010 of 26 February 2010

7

, Commission Regulation (EU) No. 420/2011 of 29 April 2011

8

as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 2011

9

, Commission Regulation (EU) No. 835/2011 of 19 August 2011

10

, Commission Regulation (EU) No. 1258/2011 of 2 December 2011

11

, Commission Regulation (EU) No. 1259/2011 of 2 December 2011

12

, Commission Regulation (EU) No. 594/2012 of 5 July 2012

13

, Commission Regulation (EU) No. 1058/2012 of 12 November 2012

14

and Commission Regulation (EU) No. 1067/2013 of 30 October 2013

1

, and, as regards laying down methods of sampling and analysis for the official control of the levels of certain contaminants in foodstuffs, Commission Regulation (EC) No. 401/2006 of 23 February 2006

16

as amended by Commission Regulation (EU) No. 178/2010 of 2 March 2010

17

, Commission Regulation (EC) No. 1882/2006 of 19 December 2006

18

laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs, Commission Regulation (EC) No. 333/2007 of 28 March 2007

19

, as amended by Commission Regulation (EU) No. 836/2011 of 19 August 2011

20

(including as regards its title, which, since 1 September 2012, has referred to “polycyclic aromatic hydrocarbons” instead of “benzo(

a

) pyrene”) and, as regards laying down methods of sampling and analysis for the official control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EC) No. 1883/2006, Commission Regulation (EU) No. 252/2012 of 21 March 2012

21

;”.

(

c

) in Regulation 6(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting the following—

“For the purposes of this Regulation and of Regulations 7 to 11, all references to “the Annex” mean the Annex to Commission Regulation (EC) No. 1881/2006 of 19 December 20062, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 2007

3

, Commission Regulation (EC) No. 565/2008 of 18 June 2008

4

, Commission Regulation (EC) No. 629/2008 of 2 July 2008

5

, Commission Regulation (EU) No. 105/2010 of 5 February 2010

6

, Commission Regulation (EU) No. 165/2010 of 26 February 2010

7

, Commission Regulation (EU) No. 420/2011 of 29 April 2011

8

as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 2011

9

, Commission Regulation (EU) No. 835/2011 of 19 August 2011

10

, Commission Regulation (EU) No. 1258/2011 of 2 December 2011

11

, Commission Regulation (EU) No. 1259/2011 of 2 December 2011

12

, Commission Regulation (EU) No. 594/2012 of 5 July 2012

13

, Commission Regulation (EU) No. 1058/2012 of 12 November 2012

14

and to Commission Regulation (EU) No. 1067/2013 of 30 October 2013

1

.”.

(

d

) in Regulation 11 (as last amended by Regulation 3 of the Regulations of 2012) by inserting after paragraph (2A) the following—

“(2B) The prohibition in Regulation 6(2) shall not apply to foodstuffs and derived products referred to in section 5.2 of the Annex with regard to the maximum levels for dioxins, dioxin-like PCBs and non-dioxin-like PCBs laid down in the said section 5.2 and that were placed on the market before 1 January 2014, provided that, in all such cases, such products were placed on the market in conformity with the provisions applicable thereto at the date of their placing on the market.”.

(

e

) in Regulation 12 by substituting the following—

12. (1) The Minister, after consultation with the Authority, may, by notice in writing, temporarily suspend or restrict the application of these Regulations where, as a result of new information or of a reassessment of existing information, there is reason to suspect that a contaminant in food, although complying with these Regulations, constitutes a health risk.

(2) The Minister, after consultation with the Authority, may, by notice in writing, temporarily suspend or restrict the placing on the market or sale of a particular food, or both such placing and sale, where, as a result of new information or of a reassessment of existing information, there is reason to suspect that a contaminant present therein, although complying with these Regulations and the EU Regulations, constitutes a health risk.

(3) Any notice issued under this Regulation shall be published in Iris Oifigiúil.

GIVEN under my Official Seal,

13 March 2014.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give further effect to Commission Regulation (EU) No. 1067/2013 of 30 October 2013 amending Regulation (EC) No. 1881/2006 as regards maximum levels of the contaminants dioxins, dioxin-like PCBs and non-dioxin-like PCBs in the liver of terrestrial animals.

These Regulations amend the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (

S.I. No. 218 of 2010

) in the manner specified in these Regulations.

These Regulations may be cited as the European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2014.

1 OJ No. L. 289, 31.10.2013, p. 56.

2 OJ No. L. 364, 20.12.2006, p. 5.

3 OJ No. L. 255, 29.9.2007, p. 14.

4 OJ No. L. 160, 19.6.2008, p. 20.

5 OJ No. L. 173, 3.7.2008, p. 6.

6 OJ No. L. 35, 6.2.2010, p. 7.

7 OJ No. L. 50, 27.2.2010, p. 8.

8 OJ No. L. 111, 30.4.2011, p. 3.

9 OJ No. L. 168, 28.6.2011, p. 20.

10 OJ No. L. 215, 20.8.2011, p. 4.

11 OJ No. L. 320, 3.12.2011, p. 15.

12 OJ No. L. 320, 3.12.2011, p. 18.

13 OJ No. L. 176, 6.7.2012, p. 43.

14 OJ No. L. 313, 13.11.2012, p. 14.

15 OJ No. L. 37, 13.2.1993, p. 1.

16 OJ No. L. 70, 9.3.2006, p. 12.

17 OJ No. L. 52, 3.3.2010, p. 32.

18 OJ No. L. 364, 20.12.2006, p. 25.

19 OJ No. L. 88, 29.3.2007, p. 29.

20 OJ No. L. 215, 20.8.2011, p. 9.

21 OJ No. L. 84, 23.3.2012, p. 1.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st March

, 2014.

I, JAMES REILLY, Minister for Health, 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 Commission Regulation (EU) No. 1067/2013 of 30 October 2013

1

hereby make the following regulations