Joint Committee on Statutory Instruments Thirtieth Report


Appendix 5

S.I. 2003/1940, S.I. 2003/1956, S.I. 2003/2074: memoranda from the Food Standards Agency

Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1940)

1. These Regulations were made on 28 July 2003, laid on 29 July 2003 and come into force on 30 July 2003. They therefore breach the 21-day rule. This Memorandum explains the reason for the breach, which the Food Standards Agency considers to be necessary in the circumstances.

2. These Regulations are made under section 2(2) of the European Communities Act 1972.

3. They implement Commission Decision 2003/460/EC on emergency measures regarding hot chilli and hot chilli products (OJ No. L154, 21.6.2003, p. 114), which was adopted on 20th June 2003, notified to member States on that date and published in the Official Journal on 21st June 2003. The Decision was corrected by a corrigendum published on 25th July 2003 (OJ No. L186, 25.7.2003, p.47).

4. Implementation of the corrected Decision requires these Regulations to be brought into force as soon as possible.

29 July 2003

Food (Pistachios from Iran) (Emergency Control) (England) Regulations 2003 (S.I. 2003/1956)

1. These Regulations were made on 29 July 2003, laid on 30 July 2003 and come into force on 31st July 2003. They therefore breach the 21-day rule. This Memorandum explains the reason for the breach, which the Food Standards Agency considers to be necessary in the circumstances.

2. These Regulations are made under section 2(2) of the European Communities Act 1972. They revoke and re-enact with changes the Food (Pistachios from Iran) (Emergency Control) Order 1997 (S.l. 1997/2238) and the Food (Pistachios from Iran) (Emergency Control) (Amendment) Order 1997 (S.I. 1997/3046) in so far as they apply in relation to England.

3. These Regulations implement Commission Decision 97/830 /EC repealing Commission Decision 97/613/EC and imposing special conditions on the import of pistachios and certain products derived from pistachios originating in or consigned from Iran (OJ No. L343, 13.12.1997, p.30) as amended by Commission Decision 1998/400/EC (OJ No. L176, 20.6.1998, p.37), Commission Decision 2000/238/EC (OJ No. L75, 24.3.2000, p.59) and Commission Decision 2003/551/EC (OJ No. L187, 26.7.2003, p.43). Commission Decision 2003/551/EC was adopted and notified to Member States on 22nd July 2003 and published in the Official Journal on 26th July 2003.

4. Implementation of Decision 1997/830/EC as so amended requires these Regulations to be brought into force as soon as possible.

28th July 2003

Food (Peanuts from Egypt) (Emergency Control) (England) Regulations 2003 (S.I. 2003/2074)

1. These Regulations were made on 8 August 2003, laid on 11 August 2003 and come into force on 14 August 2003. They therefore breach the 21-day rule. This Memorandum explains the reason for the breach, which the Food Standards Agency considers to be necessary in the circumstances.

2. These Regulations are made under section 2(2) of the European Communities Act 1972. They revoke and re-enact with changes the Food (Peanuts from Egypt) (Emergency Control) (England and Wales) Order 2000.

3. These Regulations implement Commission Decision 2000/49/EC as amended by Commission Decision 2003/580/EC (OJ No. L197, 5.8.03, p.31), which was adopted on 4 August 2003 and published in the Official Journal on 5 August 2003.

4. The new Decision amends the conditions governing the import of peanuts and certain products derived from peanuts originating in or consigned from Egypt.

5. The changes introduced by Commission Decision 2003/580/EC are required to be brought into force as soon as possible.

7 August 2003

S.I. 2003/1940, S.I. 2003/1956, S.I. 2003/2074: further memorandum from the Food Standards Agency

1. The Committee considered the above instruments at its meeting on 21 October 2003 and requested a memorandum on two points.

Explain the need for the words "In any case where such an appeal as is mentioned in paragraph (3) may be brought" in regulation 6(2) of each instrument.

2. There is no need for the words referred to. The wording concerned is identical to the wording contained in a similar instrument, S.I. 2003/1722, which was queried by the Committee following its meeting on 15 September 2003. On that occasion, the Committee sought an explanation of the purpose of the wording. The Agency responded to that point and added that the matter could have been dealt with in a more straightforward way and that it was anticipated that, in future, similar instruments would be drafted so as simply to provide that the notice had to state the right of appeal.

Regulation 6(3) of each instrument requires a magistrates' court, on an appeal, to determine whether or not the notice was lawfully served. Explain the purpose and effect of the underlined words. Is it intended that the court should only be able to determine whether the requirements in paragraph (1) were complied with, or that it should also be able to determine whether the importation was lawful?

3. This question raises the same point as that raised by the Committee about identical wording in S.I. 2003/1722. The Agency's response in this case is the same as its response to the Committee's earlier question. It is intended that the court should be able to determine both whether the requirements of paragraph (1) were complied with and whether the importation was lawful. The underlined words were used because the control created by the Regulations is upon illegal imports and the words "lawfully served" conveniently covered that issue as well as service of the notice.

4. The instruments now under consideration were made before the Committee requested a memorandum in respect of S.I. 2003/1722.

27th October 2003


 
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