Written answers

Wednesday, 27 January 2021

Department of An Taoiseach

Consumer Protection

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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15. To ask the Minister for Enterprise, Trade and Employment the number of entities subject to the provisions of SI No. 35 of 2016, Consumer Protection Act 2007 (Grocery Goods Undertakings) Regulations 2016; and if he will make a statement on the matter. [4165/21]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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The Consumer Protection Act 2007 (Grocery Goods Undertakings) Regulations 2016, S.I. No. 35 of 2016 entered into force on 30 April 2016. The Regulations apply to retailers and wholesalers of food and drink operating in Ireland, who have, or are part of a wider group that has, a worldwide turnover in excess of €50 million. 21 undertakings are currently subject to the Grocery Goods Regulations for the reporting year 2019.

The Regulations apply to written supply contracts which Relevant Grocery Goods Undertakings (RGGUs) have with their direct suppliers and require all the terms and conditions of the agreed contract to be expressed in clear intelligible language and signed by both parties to the contract. The Regulations specify those commercial practices which are prohibited unless the parties mutually agree them in writing in the contract. The Regulations specify the ways in which the RGGUs must comply with the legislation including filing their Annual Compliance Reports (ACRs) and maintaining relevant documentation for examination for 6 years after the end of the financial year in which the grocery goods contract was signed by the parties.

The Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for the enforcement of the Grocery Goods Regulations. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its statutory functions. As matters of compliance with the Regulations are part of the day-to-day operational work of the Commission, I, as Minister for Enterprise, Trade and Employment, have no direct function in these matters.

However, I understand that the most recent ACRs received from the RGGUs by the CCPC have not raised any new or significant issues and follow-up on-site compliance inspections were conducted in 2020 (public health advice permitting). The RGGUs deadline for submitting their ACRs for 2020 is 31 March 2021.

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