Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 24th April, 2012.

I, JAMES REILLY, Minister for Health, 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 Implementing Regulation (EU) No. 294/2012 of 3 April 2012¹ and for the purpose of giving further effect to Commission Regulation (EC) No. 669/2009 of 24 July 2009² and Commission Regulation (EU) No. 212/2010 of 12 March 2010³ , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Official Controls on the Import of Food of Non-Animal Origin) (Amendment) Regulations 2012

2. In these Regulations, "Principal Regulations" means the European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010 ( S.I. No. 391 of 2010 ).

3. The Principal Regulations are amended-

(a) in Regulation 2(1), by substituting for the definition of "EC Regulation 669/2009" (inserted by the European Communities (Official Controls on the Import of Food of Non-Animal Origin) (Amendment) (No. 3) Regulations 2011 ( S.I. No. 501 of 2011 )) the following-

"'EC Regulation 669/2009' means Commission Regulation (EC) No. 669/2009 of 24 July 20092, as amended by Commission Regulation (EU) No. 212/2010 of 12 March 20103 and Commission Implementing Regulation (EU) No. 294/2012 of 3 April 20121.", and

(b) by substituting for Regulation 4 the following-

"(1) The competent authority for the purposes of Chapter V of Title II of EC Regulation 882/2004, EC Regulation 669/2009 and these Regulations shall be the Authority or the official agency, as appropriate.

(2) For the purposes of enabling them to fulfil the obligations placed upon them by the EC Regulations, the Authority and the official agency may exchange among themselves, or provide to any other bodies designated in the State as competent authorities for the purposes of the EC Regulations, any information received by them in the execution and enforcement of the EC Regulations, except where such exchange would infringe national legislation.

(3) Paragraph (2) is without prejudice to any other power of competent authorities to disclose information by or under European Union legislation."

4. The European Communities (Official Controls on the Import of Food of Non-Animal Origin) (Amendment) (No. 3) Regulations 2011 ( S.I. No. 501 of 2011 ) are revoked.

GIVEN under my Official Seal,

19 April 2012.

JAMES REILLY,

Minister for Health.

EXPLANATORY NOTE

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

These Regulations give effect to Commission Implementing Regulation (EU) No. 294/2012 of 3 April 2012 amending Annex 1 to Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin. They also give further effect to Regulation (EC) No. 669/2009 of 24 July 2009 and Commission Regulation (EU) No. 212/2010 of 12 March 2010.

These Regulations amend the European Communities (Official Controls on the Import of Food of Non-Animal Origin) Regulations 2010 ( S.I. No. 391 of 2010 ) in the manner specified in these Regulations.

These Regulations revoke the European Communities (Official Controls on the Import of Food of Non-Animal Origin) (Amendment) (No. 3) Regulations 2011 ( S.I. No. 501 of 2011 )

These Regulations may be cited as the European Communities (Official Controls on the Import of Food of Non-Animal Origin) (Amendment) Regulations 2012.

1 OJ No. L 98, 4.4.2012, p.7

2 OJ No. L 194, 25.7.2009, p. 11.

3 OJ No. L 65, 13.3.2010, p. 16.