S.I. No. 3/1993 - European Communities (Abolition of Intra-Community Border Controls) Regulations, 1993.


S.I. No. 3 of 1993.

EUROPEAN COMMUNITIES (ABOLITION OF INTRA-COMMUNITY BORDER CONTROLS) REGULATIONS, 1993.

I, BERTIE AHERN, 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), and for the purpose of giving effect to Articles 8A (inserted by the Single European Act) and 30 and 36 of the Treaty Establishing the European Economic Community hereby make the following regulations.

1. (1) These Regulations may be cited as the European Communities (Abolition of Intra-Community Border Controls) Regulations, 1993.

(2) These Regulations shall come into operation on the 1st day of January, 1993.

2. The enactments (being enactments which include goods amongst the goods emunerated and described by section 42 of the Customs Consolidation Act, 1876) mentioned in column (2) Part I of the First Schedule to these Regulations are hereby amended to the extent specified in column (3) of that Part so as not to restrict the importation of goods (being goods in free circulation in the European Community) into the State from any state in the European Community.

3. The enactments (being enactments which are construed with section 42 of the Customs Consolidation Act, 1876) mentioned in column (2) Part II of the First Schedule to these Regulations are hereby amended to the extent specified in column (3) of that Part so as not to restrict the importation of goods (being goods in free circulation in the European Community) into the State from any state in the European Community.

4. The enactments and instruments made under enactments (being enactments and instruments made under enactments which restrict the importation into the State of specified goods) mentioned in column (2) Part III of the First Schedule to these Regulations are hereby amended to the extent specified in column (3) of that Part so as not to restrict the importation of goods (being goods in free circulation in the European Community) into the State from any state in the European Community.

5. The enactments and instruments made under enactments (being enactments and instruments made under enactments which restrict the export of goods) mentioned in column (2) of the Second Schedule to these Regulations are hereby amended to the extent specified in column (3) of that Schedule so as not to restrict the export of goods to other member states in the European Community.

6. The Regulations made under the European Communities Act, 1972 , set out in the Third Schedule to these Regulations are hereby amended so as not to restrict the importation of goods from other states in the European Community.

7. The Regulations made under the European Communities Act, 1972 , set out in the Fourth Schedule to these Regulations are hereby amended so as not to restrict the export of goods to other states in the European Community.

FIRST SCHEDULE

PART I

Regulation 2

Enactments (being enactments which include goods amongst goods enumerated and described by Section 42 of the Customs Consolidation Act, 1876).

(1)

Session, Chapter and Number

(2)

Title or Short Title

(3)

Extent of Amendment

50 & 51 Vict. Ch. 28

Merchandise Marks Act, 1887

section 16 (1)

60 & 61 Vict. Ch. 63

Foreign Prison Made Goods Act, 1897

section 1

62 & 63 Vict. Ch. 51

Sale of Food and Drugs Act, 1899

section 1 (2) as amended by section 5 of the Butter and Margarine Act, 1907

8 Edw. 7 Ch. 42

White PhosphorousMatches Prohibition Act, 1908.

section 3

PART II

Regulation 3

Enactments Construed with Section 42 of Customs Consolidation Act, 1876.

(1)

Session, Chapter and Number

(2)

Title or Short Title

(3)

Extent of Amendment

42 & 43 Vict. Ch. 21

Customs and Inland Revenue Act, 1879

Section 5

PART III

Regulation 4

Enactments and instruments made under enactments (being enactments and instruments made under an enactment which restrict the importation of specified goods).

(1)

Session, Chapter and Number

(2)

Title or Short Title

(3)

Extent of Amendment

38 & 39 Vict. Ch. 63

The Sale of Food and Drugs Act, 1875

section 30

46 & 47 Vict. Ch. 55

The Revenue Act, 1883

section 10

S.I. No. 225 of 1948

Tomatoes (Regulations of Import) Order, 1948

Article 3

No. 10 of 1963

Copyright Act, 1963

Section 28 (1) (b)

S.I. No. 231 of 1964

Copyright Customs Regulations, 1964

All of the Regulations

S.I. No. 4 of 1972

Live Fish (Restriction on Import) Order, 1972

All of the Order

S.I. No. 18 of 1973

Fish Diseases (Control or Imports) Order, 1973

All of the Order

S.I. No. 307 of 1977

Wildlife Act, 1976 (Approved Traps, Snares and Nets) Regulations, 1977

Regulation 3

S.I. No. 210 of 1984

Medical Preparations (Licensing, Advertisment and Sale) Regulations, 1984

Regulation 4 (4)

SECOND SCHEDULE

Regulation 5

Enactments and instruments made under enactments (being enactments and instruments made under enactments which restrict the export of specified goods).

(1)

Session, Chapter and Number

(2)

Title or Short Title

(3)

Extent of Amendment

S.I. No. 234 of 1953

Agricultural Products (Restriction of Exports) Order, 1953

Whole of the Order

S.I. No. 25 of 1964

Milk and Milk Products (Restriction of Export ) Order, 1964

Article 2

S.I. No. 86 of 1966

Agricultural and Fishery Products (Regulation of Export) Act, 1947 (Export of Salmon and Trout) Order, 1966

Article 2

S.I. No. 304 of 1971

Milk and Milk Products (Restriction of Export) (Amendment) Order, 1971

Article 2

S.I. No. 69 of 1972

Agricultural Products (Restriction of Export of sugar Commodities and Sweetened Milk Powder Commodities) Order, 1972

Article 3

S.I. No. 70 of 1972

Agricultural Products (Restriction of Export of Unsweetened Milk Powder Commodities) Order, 1972

Article 4

THIRD SCHEDULE

European Communities Regulations which restrict imports

Regulation 6

European Communities (Food Imitations) (Safety) Regulations, 1991 ( S.I. No. 265 of 1991 ).

European Communities (Cetacean Products) (Regulations of Import) Regulations, 1982 ( S.I. No. 7 of 1982 ).

European Communities (Prohibition of Importation of Skins of Certain Seal Pups and Related Products) Regulations, 1983 ( S.I. No. 274 of 1983 ).

FOURTH SCHEDULE

European Communities Regulations which restrict exports

Regulation 7

European Communities (Food Imitations) (Safety) Regulations, 1991 ( S.I. No. 265 of 1991 ).

GIVEN under my Official Seal, this 8th day of January, 1993.

BERTIE AHERN,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The effect of this Instrument is to remove certain inspections at borders in respect of goods being imported from, or exported to, other Member States of the European Communities in order to give effect to the abolition of border controls between Member States of the European Communities.