S.I. No. 38/1990:

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON CEREALS) (AMENDMENT) REGULATIONS, 1990.

EUROPEAN COMMUNITIES (CO-RESPONSIBILITY LEVY ON CEREALS) (AMENDMENT) REGULATIONS, 1990.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, 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 Regulation (EEC) No. 1432/88 of 26 May 1988¹ as amended by Commission Regulation (EEC) No. 2712/89 of 7 September 1989² and of giving further effect to Council Regulation (EEC) No. 2727/75 of 29 October 1975³ as amended, and Commission Regulation (EEC) No. 1432/88, as otherwise amended, hereby make the following Regulations:

¹ O.J. No. L 131 of 27 May 1988, page 37.

² O.J. No. L 262 of 8 September 1989, page 22.

³ O.J. No. L 281 of 1 November 1975, page 1.

1. (1) These Regulations may be cited as the European Communities (Co-responsibility Levy on Cereals) (Amendment) Regulations, 1990.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Co-responsibility Levy on Cereals) Regulations, 1988 and 1990.

2. In these Regulations "the Principal Regulations" means the European Communities (Co-responsibility Levy on Cereals) Regulations, 1988 ( S.I. No. 153 of 1988 ).

3. Paragraph (1) of Regulation 3 of the Principal Regulations is hereby amended by the substitution, respectively, of the definitions set out in the Schedule hereto for the definitions of "the Commission Regulation" and "the Communities Regulations".

4. (1) The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 4:

"4A. For the purpose of paragraph 4 of Article 4 of the Commission Regulation, it is hereby determined that the interest rate applicable in respect of any co-responsibility levies owing to the Minister under the Communities Regulations and not paid within the time limit set is to be calculated at the reference interest rate applicable to the State and referred to in Annex II to the Commission Regulation, increased by one percentage point.".

(2) This Regulation shall be deemed to have come into operation on the 1st day of November, 1989.

5. The Principal Regulations are hereby amended by the substitution of the following provision for Regulation 5:

"5. Any co-responsibility levies owing to the Minister under the Communities Regulations, or any interest amounts thereon by virtue of Regulation 4A of these Regulations and paragraph 4 of Article 4 of the Commission Regulation, which are unpaid may be recovered, by the Minister from the person who by virtue of the Communities Regulations is liable to pay them to the Minister, as a simple contract debt in any court of competent jurisdiction.".

6. Regulation 6 of the Principal Regulations is hereby amended by the addition of the following provision after paragraph (2):

"(3) Any person, being a purchaser or a processing undertaking, who fails to comply with paragraph 1 of Article 4 of the Commission Regulation by not collecting all co-responsibility levies which he is required to collect shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.".

7. The Principal Regulations are hereby amended by the insertion of the following Regulation after Regulation 9:

"9A. Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, proceedings for an offence under these Regulations may be instituted at any time within the period of two years from the commission of the offence.".

SCHEDULE

" 'the Commission Regulation' means Commission Regulation (EEC) No. 1432/88 of 26 May 1988³ as amended by Commission Regulation (EEC) 2712/89 of 7 September 1989⁴ and any regulation made by the Commission after 7 September 1989 which amends, extends, replaces or consolidates (with or without modification) the Commission Regulation (as defined herein);

³ O.J. No. L 131 of 27 May 1988, page 37.

⁴ O.J. No. L 262 of 8 September 1989, page 22.

'the Communities Regulations' means

( a ) the Commission Regulations, and

( b ) Council Regulation (EEC) No. 2727/75 of 29 October 1975¹ as amended by Council Regulations (EEC) No. 1097/88 of 25 April 1988² and any regulation made by the Council after 25 April 1988 which amends, extends, replaces or consolidates (with or without modification) the Communities Regulations (as defined herein);

¹ O.J. No. L 281 of 1 November 1975, page 1.

² O.J. No. L 110 of 29 April 1988, page 7.

GIVEN under my Official Seal, this 22nd day of February, 1990.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

These Regulations implement Article 4 (4) of Commission Regulation (EEC) No. 1432/88 as amended by Commission Regulation (EEC) No. 2712/89 and introduce certain other provisions in relation to collection of the Co-Responsibility Levy on cereals.