S.I. No. 567 of 2008

MERCHANDISE MARKS ACT 1970 (PREPACKED GOODS) (MARKING AND QUANTITIES) (REVOCATION) ORDER 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 2(11) of the Merchandise Marks Act 1970 (No. 10 of 1970) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order 1997 ( S.I. No. 305 of 1997 )) hereby order as follows:

1. (1) This order may be cited as the Merchandise Marks Act 1970 (Prepacked Goods) (Marking and Quantities) (Revocation) Order 2008.

(2) This Order comes into operation on 11 April 2009.

2. The following orders are revoked:

(a) Merchandise Marks (Prepacked Goods) (Marking and Quantities) Order 1973 ( S.I. No. 28 of 1973 );

(b) Merchandise Marks (Prepacked Goods) (Marking and Quantities)(Amendment) Order 1973 ( S.I. No. 267 of 1973 );

(c) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1979 ( S.I. No. 222 of 1979 );

(d) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1981 ( S.I. No. 394 of 1981 );

(e) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1983 ( S.I. No. 367 of 1983 );

(f) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1985 ( S.I. No. 295 of 1985 );

(g) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1986 ( S.I. No. 100 of 1986 );

(h) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1989 ( S.I. No. 23 of 1989 );

(i) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1989 ( S.I. No. 284 of 1989 ); and

(j) Merchandise Marks (Prepacked Goods) (Marking and Quantities) (Amendment) Order 1990 ( S.I. No. 266 of 1990 ).

GIVEN under my Official Seal,

17 December 2008

MARY COUGHLAN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

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

This Statutory Instrument revokes all the Orders made under the Merchandise Marks Act, 1970 since 1973 which specify the nominal quantities for prepacked products. The present Order arises from the transposition of 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. The effect of the Directive is to deregulate from 11th April 2009 almost all of the rules on nominal quantities for prepacked products. These rules are sometimes called range of sizes legislation and their purpose is to restrict the sizes in which certain products can be placed on the market. From 11th April 2009 the only mandated sizes for prepacked products will be for those wines and spirits specified in the Annex to the Directive. The Order comes into operation on 11th April 2009.