S.I. No. 217/1997 - European Communities (Extraterritorial Application of Legislation Adopted By a Third Country) Regulations, 1997.

S.I. No. 217 of 1997.

EUROPEAN COMMUNITIES (EXTRATERRITORIAL APPLICATION OF LEGISLATION ADOPTED BY A THIRD COUNTRY) REGULATIONS, 1997.

I, ENDA KENNY, Minister for Tourism and Trade, 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 fuller effect to Council Regulation (EC) No. 2271/96 of 22 November 1996¹, hereby make the following Regulations:

¹O.J No. 309, 29.11.96, p.1.

1. These Regulations may be cited as the European Communities (Extraterritorial Application of Legislation adopted by a Third Country) Regulations, 1997.

2. In these Regulations—

"the Council Regulation" means Council Regulation (EC) No. 2271/96 of 22 November 1996 protecting against the effects of the extraterritorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom;

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

"person" means a person referred to in Article 11 of the Council Regulation;

3. The Minister for Tourism and Trade shall, for the purpose of the Council Regulation, be the competent authority in the State.

4. Proceedings in which damages are claimed under Article 6 of the Council Regulation shall be brought in the High Court.

5. (1) A person who fails to comply with the provisions of Article 2 of the Council Regulation shall be guilty of an offence.

(2) A person (not being a person whom an authorisation under Article 7 (b) of the Council Regulation has been granted) who contravenes the provisions of Article 5 of the Council Regulation shall be guilty of an offence.

6. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,506 or to imprisonment for a term not exceeding 12 months or to both.

7. In proceedings for an offence under Regulation 5 (2) of these Regulations it shall be for the defendant to prove that he is a person to whom an authorisation under Article 7 (b) of the Council Regulation has been granted.

8. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, any person, being a director, manager, secretary or other officer of such body, or a person who was purporting to act in any such capacity, that person shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

9. An offence under these Regulations may be prosecuted by the Minister.

10. (1) In proceedings for an offence under these Regulations or proceedings in which damages are claimed under Article 6 of She Council Regulation, a document, duly authenticated, which purports to be a copy of an order of a court of a state or place other than the State shall without further proof be deemed to be a true copy of the order unless the contrary is shown.

(2) A document purporting to be a copy of an order of a court of a state or place other than the State shall for the purpose of this Regulation be regarded as being duly authenticated if it purports—

( a ) to bear the seal of that court, or

( b ) to be certified by a person in his capacity as a judge or officer of that court to be a true copy of an order of that court.

11. (1) In proceedings for an offence under these Regulations or proceedings in which damages are claimed under Article 6 of the Council Regulation, a court may admit in evidence a document purporting to be a copy of the Official Journal containing matters referred to in paragraph (c) or (d) of Article 7 of the Council Regulation, as evidence of such matters.

(2) In proceedings referred to in paragraph (1) of this Regulation a court may admit in evidence a document purporting to have been obtained from the European Commission, Directorate General I.E.3, which purports to contain the text of a law, regulation or other legislative instrument specified in the Annex to the Council Regulation, as evidence of that law, regulation or other legislative instrument.

GIVEN under my Official Seal, this 23rd day of May, 1997.

ENDA KENNY,

 Minister for Tourism and Trade.

EXPLANATORY NOTE.

The effect of these Regulations is to protect against the effects of extraterritorial application of legislation adopted by a third country provided for in Council Regulation (EC) No. 2271/96 of 22 November 1996, to confer jurisdiction on the High Court in respect of actions for compensation and to provide for penalties for non-compliance.