European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012

JurisdictionIreland
CitationIR SI 142/2012

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th May, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in the 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 full effect to Regulation (EU) No. 1007/2011 of the European Parliament and of the Council of 27 September 20111 as amended by Commission Delegated Regulation (EU) No. 286/2012 of 27 January 20122 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Textile Fibre Names and Related Labelling and Marking of the Fibre Composition of Textile Products) Regulations 2012.

(2) These Regulations shall come into operation on 8 May 2012.

2. (1) In these Regulations—

“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007);

“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;

“compliance notice” has the meaning assigned to it by Regulation 4;

Regulation (EU) No. 1007/2011” means Regulation (EU) No. 1007/2011 of the European Parliament and of the Council of 27 September 20111 as amended by Commission Delegated Regulation (EU) No. 286/2012 of 27 January 20122.

(2) A word or expression that is used in these Regulations and is also used in the Regulation (EU) No. 1007/2011 has, unless the contrary intention appears, the same meaning in these Regulations as it has in Regulation (EU) No. 1007/2011.

3. These Regulations apply to a textile product to which Article 2 of Regulation (EU) No. 1007/2011 applies.

4. Where an authorised officer is of the opinion that a person is contravening or has contravened—

(a) Article 4,

(b) Article 5,

(c) Article 7,

(d) Article 8,

(e) Article 9,

(f) Article 10,

(g) Article 11,

(h) Article 12(1) or 12(2),

(i) Article 13,

(j) Article 14,

(k) Article 15(1), 15(2), 15(3) or 15(4), or

(l) Article 16(1), 16(2) or 16(3),

of Regulation (EU) No. 1007/2011, the authorised officer may serve, personally or by post, a written notice on that person (a “compliance notice”).

5. (1) A compliance notice shall be signed and dated by the authorised officer and shall—

(a) contain a statement of—

(i) the alleged contravention (identifying the relevant Article of the Regulation (EU) No. 1007/2011),

(ii) the opinion referred to in Regulation 4, and

(iii) the reasons for that opinion,

(b) direct the person on whom the notice is served to remedy the contravention including any other requirements that the authorised officer considers appropriate in order to remedy the contravention (the “compliance direction and requirements”),

(c) specify the date by which that person is to comply with the compliance direction and requirements,

(d) contain a statement that the person on whom the notice is served may appeal the notice to the District Court within 14 days after the service of the notice, including information specifying—

(i) the form and manner of such an appeal, and

(ii) the service address of the Agency for the purposes of notifying the Agency under paragraph (4),

and

(e) contain a statement that, if an appeal is not made in accordance with this section and within the time specified in subparagraph (d), then—

(i) the notice will be treated as not disputed,

(ii) the person will be deemed to have accepted the notice and have agreed to comply with the compliance direction and requirements, and

(iii) any failure or refusal to so comply is an offence and, on summary conviction, the person will be liable to the fine and penalties set out in these Regulations.

(2) The date specified under paragraph (1) shall not be earlier than the end of the period within which an appeal may be made under paragraph (3).

(3) If the person on whom the compliance notice is served wishes to dispute the notice, the person may, no later than 14 days after the notice is served and in accordance with this section and in the form and manner specified in the notice, appeal the notice to a judge of the District Court in the district court district in which the notice was served.

(4) A person who appeals under paragraph (3) shall at the same time notify the Agency of the appeal and the grounds for the appeal and the Agency shall be entitled to appear, be heard and adduce evidence on the hearing of the appeal.

(5) In determining an appeal under this section, the judge of the District Court may confirm, vary or cancel the compliance notice, if satisfied that it is reasonable to do so.

(6) If on appeal the compliance notice is not cancelled, the notice takes effect on the later of the following:

(a) the day after the day on which the notice is confirmed or varied on appeal;

(b) if the appeal is withdrawn by the appellant, the day after the day it is withdrawn;

(c) the day specified in the notice.

(7) If there is no appeal under paragraph (3), the compliance notice takes effect on the later of the following:

(a) 14days after the notice is served on the person;

(b) the day specified in the notice.

(8) An authorised officer may—

(a) withdraw a compliance notice at any time, or

(b) if no appeal is made or pending under paragraph (3), extend the date specified in the notice under paragraph (1)(c).

(9) A person who, without reasonable excuse, fails to comply with a compliance direction or requirement specified in a compliance notice commits an offence.

(10) Withdrawal of a compliance notice under paragraph (8) does not prevent the service of another compliance notice, whether in respect of the same matter or a different matter.

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