S.I. No. 439/1986:

EUROPEAN COMMUNITIES (FRUIT AND VEGETABLES) REGULATIONS, 1973 (AMENDMENT) REGULATIONS, 1986.

EUROPEAN COMMUNITIES (FRUIT AND VEGETABLES) REGULATIONS, 1973 (AMENDMENT) REGULATIONS, 1986.

I, AUSTIN DEASY, Minister for Agriculture, 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 Regulation No. 1035/72 of 18 May, 1972¹, hereby make the following Regulations.

¹O.J. No. L118/1, 20.5.1972.

1. These Regulations may be cited as the European Communities (Fruit and Vegetables) Regulations, 1973 (Amendment) Regulations, 1986.

2. The European Communities (Fruit and Vegetables) Regulations, 1973 ( S.I. No. 20 of 1973 ), are hereby amended by--

(a) the substitution of the following definition for the definition of "the EEC Regulation" in Regulation 2--

" 'the EEC Regulation' means Council Regulation No. 1035/72/EEC of 18 may, 1972, as amended by the Acts mentioned in paragraph (2) of this Regulation.",

(b) the insertion of the following paragraph in Regulation 2 --

"(2) The Acts referred to in the definition of 'the EEC Regulation' contained in paragraph (1) of this Regulation are Council Regulation No. 2454/72/EEC of 21.11.72², Council Regulation No. 2745/72/EEC of 19.12.72³ , Council Regulation No. 2482/75/EEC of 29.9.75⁴, Council Regulation No. 793/76/EEC of 6.4.76⁵, Council

²O.J. No. L266, 25.11.1972.

³O.J. No. L291, 28.12.72.

⁴O.J. No. L254, 1.10.75.

⁵O.J. No. L93, 8.4.76.

Regulation No. 795/76/EEC of 6.4.76⁶, Council Regulation No. 1034/77/EEC of 17.5.77⁷, Council Regulation No. 1122/78/EEC of 22.5.78⁸, Council Regulation No. 1154/78/EEC of 30.5.78⁹, Council Regulation No. 1766/78/EEC of 25.7.78¹⁰, Council Regulation No. 234/79/EEC of 5.2.79¹¹, Council Regulation No. 325/79/EEC of 19.2.79¹², Council Regulation No. 1208/79/EEC of 19.6.79¹³, Council Regulation No. 1315/80/EEC of 28.5.80¹⁴, Council Regulation No. 1367/80/EEC of 5.6.80¹⁵, Council Regulation No. 1116/81/EEC of 28.4.81¹⁶, Council Regulation No. 1203/82/EEC of 18.5.82¹⁷, Council Regulation No. 1738/82/EEC of 28.6.82¹⁸, Council Regulation No. 2004/83/EEC of 18.7.83¹⁹, Council Regulation No. 3284/83/EEC of 14.11.83²⁰, Council Regulation No. 985/84/EEC of 31.3.84²¹, Council Regulation No. 1332/84/EEC of 7.5.84²², Commission Regulation No. 1631/84/EEC of 8.6.84²³, Council Regulation No. 3642/85/EEC of 19.12.85²⁴, Council Regulation No. 3768/85/EEC of 20.12.85²⁵, and Council Regulation No. 1351/86/EEC of 6.5.86²⁶.",

⁶O.J. No. L93, 8.4.76.

⁷O.J. No. L125, 19.5.77.

⁸O.J. No. L142, 30.5.78.

⁹O.J. No. L144, 31.5.78.

¹⁰O.J. No. L204, 28.7.78.

¹¹O.J. No. L34, 9.2.79.

¹²O.J. No. L45, 22.2.79.

¹³O.J. No. L153, 21.6.79.

¹⁴O.J. No. L134, 31.5.80.

¹⁵O.J. No. L140, 5.6.80.

¹⁶O.J. No. L118, 30.4.81.

¹⁷O.J. No. L140, 20.5.82.

¹⁸O.J. No. L190, 1.7.82.

¹⁹O.J. No. L198, 21.7.83.

²⁰O.J. No. L325, 22.11.83.

²¹O.J. No. L103, 16.4.84.

²²O.J. No. L130, 16.5.84.

²³O.J. No. L154, 9.6.84.

²⁴O.J. No. L348, 24.12.85.

²⁵O.J. No. L362, 31.12.85.

²⁶O.J. No. L119, 8.5.86.

(c) the substitution in Regulation 3 of £800 for £200,

(d) the substitution in Regulation 4 (2) of £200 for £50,

(e) the substitution in Regulation 5 (2) of £200 for £50, and

(f) the substitution in Regulation 6 of £800 for £200.

3. Regulation 5 of the European Communities (Fruit and Vegetables) Regulations, 1973, is hereby amended by the substitution of the following paragraphs for paragraph (1) thereof:

"(1) An authorised officer may at all reasonable times enter and inspect any premises in which he has reasonable grounds for believing that there is carried on the business of importing, exporting, preparing for sale, selling by wholesale or retail, any fruit or vegetable specified in Annex 1 to the EEC Regulation and test and (where appropriate) take reasonable samples of any such fruit or vegetable which he finds in the course of his inspection.

(1A) An authorised officer may at all reasonable times inspect any vehicle in which he has reasonable grounds for believing that there is any fruit or vegetable specified in Annex 1 of the EEC Regulation and test and (where appropriate) take reasonable samples of any such fruit or vegetable he finds in the course of his inspection.".

GIVEN under my Official Seal, this 19th day of December, 1986.

AUSTIN DEASY,

Minister for Agriculture.

EXPLANATORY NOTE.

The Regulations amend the 1973 Regulations relating to the application of quality standards for fresh fruit and vegetables under EEC Regulations, by extending the powers of inspection of authorised officers and by increasing the penalties for offences.