European Communities (Prepacked Products) Regulations, 2008

JurisdictionIreland
CitationIR SI 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 placed on the market a...

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