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Dáil Éireann Debate, Tuesday - 17 January 2017

Tuesday, 17 January 2017

Questions (1374)

Michael Collins

Question:

1374. Deputy Michael Collins asked the Minister for Agriculture, Food and the Marine further to a parliamentary question of 6 December 2016, if it is correct that European Commission Implementing Regulation (EU) 2015/262, which was published on 17 February 2015, only came into effect when it was transposed into Irish law by way of SI 62 of 2016, as amended in February 2016. [41484/16]

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Written answers

Commission Implementing Regulation 262/2015, which was published by the EU on 17 February 2015, had an effective implementation date of 1st January 2016 and was transposed into national law via S.I. 62 of 2016, which was signed by the Minister for Agriculture, Food and the Marine on 2nd February 2016. Notification of the signing of this S.I. was published in An Iris Oifigiúil on 16th February 2016. The legal position is that, since EU law takes precedence over national law, the provisions of Commission Regulation 262/2015 came into effect on 1st January 2016. However, as S.I. 62 of 2016 sets out the offences and penalties associated with breaches of Regulation 262/2015, proceedings in respect of this regulation would not have been taken before 16th February 2016.

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