European Communities (Prepacked Products) Regulations 2008
Published date | 26 December 2008 |
Statutory Instrument No. | 566/2008 |
S.I. No. 566 of 2008 |
EUROPEAN COMMUNITIES (PREPACKED PRODUCTS) REGULATIONS 2008 |
Notice of the making of this Statutory Instrument was published in |
“Iris Oifigiúil” of 26th December, 2008. |
I, MARY COUGHLAN, Minister for Enterprise, Trade and Employment, 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 Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 1 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC, hereby make the following regulations: |
1. (1) These Regulations may be cited as the European Communities (Prepacked Products) Regulations 2008. |
(2) These Regulations come into operation on 11 April 2009. |
2. (1) In these Regulations— |
“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007); |
“aerosol dispenser” has the same meaning as it has in Article 2 of Council Directive 75/324/EEC of 20 May 1975 2 on the approximation of laws of the Member States relating to aerosol dispensers; |
“Agency” means the National Consumer Agency established by section 7 of the Act of 2007; |
“authorised officer” means a person appointed under section 30 of the Act of 2007; |
“Directive” means Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 laying down rules on nominal quantities for prepacked products, repealing Council Directives 75/106/EEC and 80/232/EEC, and amending Council Directive 76/211/EEC; |
“Minister” means the Minister for Enterprise, Trade and Employment; |
“place on the market” means— |
(a) import, |
(b) sell, |
(c) offer or expose for sale, |
(d) invite the making by a person of an offer to purchase, |
(e) distribute free of charge, or |
(f) in the case of a manufacturer, supply for any of those purposes. |
(2) A word or expression that is used in these Regulations and that is also used in the Directive has the same meaning in these Regulations as it has in the Directive. |
3. These Regulations apply to products to which the Directive applies. |
4. The European Communities (Aerosol Dispensers) Regulations 1977 ( S.I. No. 144 of 1977 ) are amended— |
(a) in Regulation 2(1), by the substitution of the following definition for the definition of “the Council Directive”: |
“ ‘Council Directive’ means Council Directive 75/324/EEC of 20 May 1975 3 as amended by Commission Directive 94/1/EC of 6 January 1994 4 and Directive 2007/45/EC of the European Parliament and of the Council of 5 September 2007 5 .”, and |
(b) in Regulation 4 by inserting “(other than paragraph (1)(e) in so far as it relates to weight)”, after “8” in each place that it occurs. |
5. (1) A person shall not place a product on the market in an aerosol dispenser that does not indicate the nominal total capacity of the dispenser. |
(2) A person who contravenes paragraph (1) shall be guilty of an offence. |
(3) A person who, in purported compliance with paragraph (1), places a product on the market in an aerosol dispenser that bears an indication that is reasonably likely to cause a person who reads the indication to form the view that it indicates the nominal volume of the contents of the dispenser shall be guilty of an offence. |
6. (1) A person shall not place a prepackaged product on the market in contravention of the requirements of Article 3 of the Directive relating to nominal quantities of contents of prepackages. |
(2) For the purposes of paragraph (1), the nominal quantities specified in section 1 of the Annex to the Directive shall— |
(a) in the case of a multipack containing 2 or more prepackages, apply to each such prepackage, and |
(b) in the case of a prepackage containing 2 or more individual packages that are not intended for sale separately, apply to that prepackage. |
(3) A person who contravenes this Regulation shall be guilty of an offence. |
7. (1) Where the Agency is satisfied that a person has... |
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