S.I. No. 15/1989 - The European Communities (Establishment and Provision of Services in Architecture) Regulations, 1989.


S.I. No. 15 of 1989.

THE EUROPEAN COMMUNITIES (ESTABLISHMENT AND PROVISION OF SERVICES IN ARCHITECTURE) REGULATIONS, 1989.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby makes the following Regulations:

1. These Regulations may be cited as the European Communities (Establishment and Provision of Services in Architecture) Regulations, 1989.

2. These Regulations shall come into operation on the 25th day of January, 1989.

3. (1) In these Regulations

"Directive" means Directive No. 85/384/EEC adopted by the Council of the European Communities on 10 June, 1985 and published in the Official Journal of the European Communities Volume No. L 223/15 dated 21st August, 1985 as amended by Directive No. 85/614/EEC adopted by the Council of the European Communities on 20 December, 1985 and published in the Official Journal of the European Communities Volume No. L376/1 of 31st December, 1985 and by Directive No. 86/17/EEC adopted by the Council of the European Communities on 27 January, 1986 and published in the Official Journal of the European Communities Volume No. L 27/71 of 1st February, 1986.

(2) In these Regulations, words and phrases shall have the same meaning as in the Directives referred to in sub-article (1).

4. These Regulations shall apply as respects nationals of Member States of the European Communities who possess diplomas, certificates and other evidence of formal qualifications in architecture awarded in a Member State.

5. The Minister for the Environment is hereby designated to be the competent authority for the following purposes of that Directive—

( a ) to communicate, in accordance with paragraph 1 of Article 7 of the Directive, the list of diplomas, certificates and other evidence of formal qualifications in architecture awarded in Ireland and which meet the criteria laid down in Articles 3 and 4 of the Directive together with the establishments and authorities awarding them and any amendments to the list;

( b ) to receive information from another Member State under paragraph 4 of Article 17 or under paragraph 2 of Article 18 of the Directive and, insofar as the information relates to matters that are regulated, to verify the accuracy of the facts as provided for in Article 17 and 18 of the Directive and within three months to inform the Member State from which the information was sent of any consequential action taken;

( c ) to ensure the confidentiality of information received or issued under Articles 17 and 18;

( d ) to issue certificates under paragraph 2 of Article 23 of the Directive.

6. The following bodies are hereby designated to be the competent authorities for the purposes of—

( a ) issuing certificates under paragraph 3 (third indent) of article 22 of the Directive;

( b ) confirming the authenticity of formal qualifications under Article 27 of the Directive;

( c ) issuing diplomas, certificates and other evidence of formal qualifications pursuant to Article 28 of the Directive.

National University of Ireland.

College of Technology, Bolton Street, Dublin.

Royal Institute of the Architects of Ireland.

GIVEN under the official Seal of the Minister for the Environment this 24th

day of January 1989.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to implement Directives Nos. 85/384/EEC, 85/614/EEC and 86/117/EEC relating to the mutual recognition of specified architectural qualifications awarded in the Members States to nationals of the Member States and measures to facilitate the exercise of the right of persons holding such qualifications to establish themselves and to provide services anywhere in the Community.

The National University of Ireland, the College of Technology, Bolton Street, Dublin and the Royal Institute of the Architects of Ireland are the competent authorities as regards the issuing of formal qualifications which are in compliance with the requirements of the Directive and the provision of any information relating to these qualifications.