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S.I. No. 341/1972 - European Communities (Judicial Notice and Documentary Evidence) Regulations, 1972.

S.I. No. 341 of 1972.

EUROPEAN COMMUNITIES (JUDICIAL NOTICE AND DOCUMENTARY EVIDENCE) REGULATIONS, 1972.

I, DESMOND O'MALLEY, Minister for Justice, 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 (Judicial Notice and Documentary Evidence) Regulations, 1972.

2. These Regulations shall come into operation on the 1st day of January, 1973.

3. In these Regulations—

"the European Court" means the Court of Justice of the European Communities;

"the Official Journal" means the Official Journal of the European Communities;

"the Official Publications Office" means L'Office des publications officielles des Communautés européennes;

"the Treaties" means the treaties governing the European Communities.

4. Judicial notice shall be taken of the Treaties, of the Official Journal and of any decision of, or expression of opinion by, the European Court on any question in respect of which that Court has jurisdiction.

5. Prima facie evidence of the Treaties may be given in all courts and in all legal proceedings by the production of a copy printed under the superintendence or authority of and published by the Stationery Office or the Official Publications Office.

6. Prima facie evidence of any act adopted by an institution of the European Communities, any judgment or order of the European Court, any document in the custody of an institution of the European Communities, or any entry in or extract from such a document, may be given in all courts and in all legal proceedings—

(a) by the production of a copy certified by an official of that institution; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate;

(b) where the document is in the custody of a Minister of State, by the production of a copy certified on behalf of the Minister to be true by an officer of the Minister generally or specially authorised in that behalf; and any document purporting to be such a copy shall be received in evidence without proof of the official position or handwriting of the person signing the certificate, or of his authority to do so, or of the document being in the custody of the Minister;

(c) by the production of a copy printed under the superintendence or authority of and published by the Stationery Office or the Official Publications Office.

7. Prima facie evidence of any act adopted by an institution of the European Communities which is published in the Official Journal may be given in all courts and in all legal proceedings by the production of a copy of the Official Journal purporting to contain such act.

8. Every copy of any of the Treaties, any act adopted by an institution of the European Communities, any judgment or order of the European Court, any document in the custody of an institution of the European Communities, or any entry in or extract from such a document, which purports to be published by the Stationery Office or by the Official Publications Office or to be published by the authority of the Stationery Office or the Official Publications Office shall, until the contrary is proved, be presumed to have been printed under the superintendence and authority of and to have been published by the Stationery Office or by the Official Publications Office, as the case may be.

GIVEN under my Official Seal, this 29th day of December, 1972.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations, which came into operation on 1st January, 1973, provide that judicial notice shall be taken of the treaties governing the European Communities (defined in section I of the European Communities Act, 1972 ), of the Official Journal of the Communities and of decisions of, or expressions of opinion by, the European Court of Justice. The Regulations also provide for the proof in evidence of the Treaties, acts adopted by Community institutions, judgments or orders of the European Court, and documents in the custody of Community institutions or of a Minister of State.