S.I. No. 451 of 2003

European Communities (Labelling, Presentation and Advertising of Foodstuffs)

(Amendment) (No.2) Regulations 2003

I, MARY HARNEY, 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 2000/13/EC of the European Parliament and of the Council of 20 March 2000¹ , hereby make the following regulations:

1.   These Regulations may be cited as the European Communities (Labelling, Presentation and Advertising of Foodstuffs) (Amendment)(No. 2) Regulations 2003.

2.   These Regulations shall be deemed to have come into operation on 3 August 2003.

3.   The following Regulation is substituted for Regulation 7 of the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 ( S.I. No. 483 of 2002 ):

“7. Notwithstanding anything in the Directives, Article 3(1), point 4 and Article 8(1) to (4) of the Directive shall not apply to sugar confectionary products nor to cocoa and chocolate products referred to in Annex I of Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000² , being products, in any of the foregoing cases, that have a net weight of less than 50 grams.”.

Explanatory Note

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

These Regulations amend regulation 7 of the European Communities (Labelling, Presentation and Advertising of Foodstuffs) Regulations 2002 ( S.I. No. 483 of 2002 ). Regulation 7 currently exempts sugar confectionary products that have a net weight of less than 50 grams from the obligation in the case of pre-packaged foodstuffs to indicate the net quantity.

The purpose of the amendment is to extend the exemption to cocoa and chocolate products, as defined by Annex I of Directive 2000/36/EC relating to cocoa and chocolate products intended for human consumption, which are pre-packaged and have a net weight of less than 50 grams.

Copies may be obtained from the Government Publications Sale Office, Sun Alliance House, Molesworth Street, Dublin 2 or by mail order from Government Publications, Postal Trade Section, 51 St. Stephen's Green, Dublin 2, Fax: 01-6476843. Price €0.51.

DEPARTMENT OF ENTERPRISE, TRADE AND EMPLOYMENT.

September, 2003.

¹ OJ No. L109, 6.5.2000, p.29

² OJ No. L197, 3.8.2000, p.19