S.I. No. 39/1988 - European Communities (Surveillance of Certain Motor Car Typre Imports) Regulations, 1988.

S.I. No. 39 of 1988.

EUROPEAN COMMUNITIES (SURVEILLANCE OF CERTAIN MOTOR CAR TYPRE IMPORTS) REGULATIONS, 1988.

WHEREAS the state has been authorised under the Decision of the Commission of the European Communities dated 22 July 1987 (No. 87/443/EEC⁽¹⁾), and by the Decision of that Commission dated 19 December 1986 (No. 87/61/EEC⁽²⁾), to take the surveillance measures hereinafter specified (the conditions and details of which the Commission has determined in those Decisions):

⁽¹⁾OJ No. L238 of 21.8.1987, p.26.

⁽²⁾OJ No. L 32 of 3.2.1987, p.18

NOW, I, ALBERT REYNOLDS, Minister for Industry and Commerce, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1988.

2. (1) In these Regulations—

"the Minister" means the Minister for Industry and Commerce;

"motor car" means of mechanically propelled vehicle which is designed and constructed for the carriage of not more than nine persons (inclusive of the driver);

"tyre cases" includes what are commonly known as tubeless tyres as well as other inflatable tyres but, in the case of such other inflatable tyres, does not include what is commonly known as the tube.

(2) A reference in these Regulations to a Nimexe code shall be taken to be a reference to that code in the Annex to

Council Regulation (EEC) No. 1445/72⁽³⁾, as amended by Commission Regulation (EEC) No. 3840/86⁽⁴⁾, and as further amended or replaced by any subsequent Regulations or Decisions of an institution of the European Communities.

⁽³⁾OJ No. L161 of 17.7.1972, p.1.

⁽⁴⁾OJ No. L368 of 29.12.1986, p.1

3. The importation into the State of goods which are —

(a) specified at the Nimexe code mentioned in column (1) of the Schedule to these Regulations,

(b) described in column (2) of that Schedule opposite the mentioned in column (1) of that Nimexe code, and

(c) manufactured or produced in the German Democratic Republic and in free circulation in other Member States of the European Communities,

shall be subject to the production by the importer of a surveillance licence issued by the Minister. The Minister may refuse a surveillance licence when authorised to do so by Decisions made from time to time by the Commission of the European Communities under Article 115 of the Treaty establishing The European Economic Community.

4. An applicant for a surveillance licence under these Regulations shall supply to the Minister all relevant information concerning the description of the product, its origin and price, and the quantity or value of goods which it is proposed to import and also such information as he may require concerning the free circulation of the product in another Member State of the European Communities.

5. Any person who for the purpose of obtaining for himself or any other person a licence under these Regulations, makes any statement or representation or presents or lodges any document in respect of an application for any such licence which is to his knowledge false in any material respect shall be guilty of an offence and liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or both.

6. The European Communities (Surveillance of Certain Motor Car Tyre Imports) Regulations, 1985 ( S.I. No. 262 of 1985 ), are hereby revoked.

SCHEDULE

GIVEN under my Official Seal, this 16th day of March, 1988.

ALBERT REYNOLDS,

Minister for Industry and Commerce.

EXPLANATORY NOTE

The Instrument allows the Minister to operate a strengthed system of surveillance on specific imports of motor car tyres. It makes certain abuses of that surveillance system an offence punishable by fine or imprisonment.