S.I. No. 188/1994 - European Communities (International Carriage of Goods by Road) (Amendment) Regulations, 1994.

S.I. No. 188 of 1994.

EUROPEAN COMMUNITIES (INTERNATIONAL CARRIAGE OF GOODS BY ROAD) (AMENDMENT) REGULATIONS, 1994.

I, BRIAN COWEN, Minister for Transport, Energy and Communications, 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 Council Regulations (EEC) No. 881/92 of 26 March 1992, hereby make the following Regulations:

1. These Regulations and the European Communities (International Carriage of Goods by Road) Regulations, 1994 ( S.I. No. 140 of 1994 ) may be cited together as the European Communities (International Carriage of Goods by Road) Regulations, 1994.

2. (1) In these Regulations—

"Community Authorisation" means a Community Authorisation issued pursuant to the Council Regulation;

"the Council Regulation" means Council Regulation (EEC) No. 881/92 of 26 March 1992⁽¹⁾;

"the Principal Regulations" means the European Communities (International Carriage of Goods by Road) Regulations, 1994;

"the Minister" means the Minister for Transport, Energy and Communications.

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Regulation.

3. Regulation 8 of the Principal Regulations is hereby amended by the substitution of the following for Regulation 8—

⁽²⁾O.J. No. 195, 9.4.92, P.1.

"(1) Whenever the Minister refuses to issue or withdraws a Community Authorisation pursuant to the Council Regulation he shall notify the applicant for or the holder of such Community Authorisation of his decision and of the reasons therefor and shall, if any representations are made in writing by such applicant or holder within fourteen days, consider the representations.

(2) Whenever the Minister, having considered any representations made, maintains his decision to refuse or withdraw such Community Authorisation he shall notify the applicant for or, as the case may be, the holder of the Community Authorisation and such applicant or such holder may within twenty-one days appeal, in the manner specified in the Schedule to these Regulations, to the District Court against such decision.

(3) On the hearing of an appeal under this Regulation, the District Court may either confirm the decision to refuse or withdraw the Community Authorisation or may allow the appeal and, where an appeal is allowed, the Minister shall issue the Community Authorisation or reverse his decision to withdraw the Community Authorisation.

(4) A decision of the District Court on an appeal under this section shall be final save that, by leave of the Court, an appeal from the decision shall lie to the High Court on a question of law."

4. These Regulations shall come into operation on the 1st day of July, 1994.

GIVEN under my Official Seal, this 29th day of June, 1994.

BRIAN COWEN,

Minister for Transport, Energy and

Communications.

SCHEDULE.

NOTICE OF APPEAL

European Communities (International Carriage of Goods by Road) (Amendment) Regulations, 1994.

TAKE NOTICE THAT, I, ..................... , of.................. being aggrieved by the (refusal of the Minister for Transport, Energy and Communications to issue a Community Authorisation)* (decision by the Minister for Transport, Energy and Communications to withdraw Community Authorisation)* hereby appeal against such (refusal)* (decision)* to the District Court to be held on the .............. day of ................., ..........

Dated this ............... day of ..................., .........

Signed: ...................................................

Appellant

Solicitor for Appellant

To the District Court Clerk at

To the Minister for Transport, Energy and Communications, Kildare Street, Dublin 2.

*Delete where not applicable.

EXPLANATORY NOTE.

These Regulations, made by the Minister for Transport, Energy and Communications, set out the procedure to be followed in an appeal to the District Court where an application for the issue of a Community Authorisation pursuant to Council Regulation (EEC) No. 881/92 of 26 March, 1992 is refused or where such a Community Authorisation is to be withdrawn.