STATUTORY INSTRUMENTS.

S.I. No. 67 of 2005 .

EUROPEAN COMMUNITIES (HYGIENE OF FOODSTUFFS) (AMENDMENT) REGULATIONS 2005.

S.I. No. 67 of 2005 .

EUROPEAN COMMUNITIES (HYGIENE OF FOODSTUFFS) (AMENDMENT) REGULATIONS 2005.

I, MARY HARNEY, Minister for Health and Children, 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 Commission Directive 2004/4/EC¹ of 15 January 2004 amending Directive 96/3/EC granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2005.

2. The European Communities (Hygiene of Foodstuffs) Regulations 2000 ( S.I. No. 165 of 2000 ) are amended by:

(1) in Regulation 3(1) by inserting the definition “‘Directive 2004/4/EC’ means Commission Directive 2004/4/EC⁷ of 15 January 2004 amending Directive 96/3/EC granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea.”,

and by the addition of the following footnote thereto:

“⁷ OJ L 15, 22.1.2004, p.25.”

(2) in Regulation 3(1) by inserting in the definition of “the Directives“ after “Directive 96/3/EC” “as amended by Directive 2004/4/EC,”, and

(3) by substituting for Regulation 4(4) the following:

“the proprietor of a food business may derogate from the rules of hygiene as set down in the Second Schedule provided that he or she does so in accordance with Directive 96/3/EC as amended by Directive 2004/4/EC or with Directive 98/28/EC.”

EXPLANATORY NOTE

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

These Regulations amend the European Communities (Hygiene of Foodstuffs) Regulations 2000 ( S.I. No. 165 of 2000 ) and may be cited as the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2005.

These Regulations implement Commission Directive 2004/4/EC which amend the Annex to Commission Directive 96/3/EC granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea.

DEPARTMENT OF HEALTH AND CHILDREN.

February, 2005.

¹OJ L15, 22/1/2004, p.25.