S.I. No. 624/2021 - European Union (Transport of Passengers by Road) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th November, 2021.

I, EAMON RYAN, Minister for Transport, 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 full effect to Title II of Heading Three of Part Two of the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part¹ which entered into force on 1 May 2021² approved, on behalf of the European Union, by Council Decision (EU) 2021/689 of 29 April 2021³ , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Transport of Passengers by Road) Regulations 2021.

2. (1) In these Regulations:

“authorising authority” means the person or body designated in accordance with Regulation 3 to be the authorising authority;

“Authority” means the National Transport Authority;

“competent authority” means the person or body designated under Regulation 3 to be the competent authority;

“EU-UK Trade and Cooperation Agreement” means the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part¹ which entered into force on 1 May 2021² approved, on behalf of the European Union, by Council Decision (EU) 2021/689 of 29 April 2021³ .

(2) In these Regulations a reference to a numbered Article without qualification is to an Article so numbered in the EU-UK Trade and Cooperation Agreement.

(3) A word or expression that is used in these Regulations and which is also used in the EU-UK Trade and Cooperation Agreement has, unless the contrary intention appears, the same meaning in these Regulations as it has in the EU-UK Trade and Cooperation Agreement.

3. The Authority is designated as the competent authority for the purpose of Articles 476(2) and (7), 477(1) to (7), 478(1) and (3), 479, 480, 481(1) and (3) and 483(3) of Part Two, Heading Three, Title II of the EU-UK Trade and Cooperation Agreement and these Regulations in so far as they give full effect to those Articles, and accordingly, the Authority shall be the authorising authority, within the meaning of Article 477(1), for the purposes, as appropriate, of those Articles.

4. The fees set out in column (3) of the Schedule are the fees that shall be charged by the Authority for each service specified in column (2) at the same reference number rendered by the Authority.

Schedule

GIVEN under my Official Seal,

25 November, 2021.

EAMON RYAN,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to the Trade and Cooperation Agreement (TCA) between the European Union and European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, which entered into force on 1 May 2021 approved, on behalf of the European Union, by Council Decision (EU) 2021/689 of 29 April 2021, as regards certain provisions relating to the transport of passengers by road.

These Regulations provide for the designation of the National Transport Authority (NTA) as the competent authority, and where appropriate as the authorising authority, for the purposes of certain aspects of the TCA which relate to the transport of passengers by road. Provision is also made for the charging of fees by the NTA in the context of their role as a competent authority/authorising authority under the Regulations.

1 OJ No. L149, 30.4.2021, p. 10-2539

2 OJ No. L149, 30.4.2021, p. 2560

3 OJ No. L149, 30.4.2021, p. 2-9

1 OJ No. L149, 30.4.2021, p. 10-2539

2 OJ No. L149, 30.4.2021, p. 2560

3 OJ No. L149, 30.4.2021, p. 2-9