S.I. No. 31/1997 - European Communities (Commercial Agents) Regulations, 1997.


S.I. No. 31 of 1997.

EUROPEAN COMMUNITIES (COMMERCIAL AGENTS) REGULATIONS, 1997.

I, RICHARD BRUTON, Minister for Enterprise and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), for the purpose of giving effect to Council Directive No. 86/653/EEC of 18 December 1986(*), on the co-ordination of the laws of the Member States relating to self-employed commercial agents, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Commercial Agents) Regulations, 1997.

(2) The European Communities (Commercial Agents) Regulations, 1994 ( S.I. No. 33 of 1994 ) and these Regulations shall be construed as one and may be cited together as the European Communities (Commercial Agents) Regulations, 1994 and 1997.

2. It is hereby confirmed that, pursuant to Regulation 3 of the European Communities (Commercial Agents) Regulations, 1994, a commercial agent shall, after termination of the agency agreement, be entitled to be compensated for damage in accordance with Article 17 (3) of the Directive subject, insofar as they are relevant to such compensation, to the provisions of that Article and of Articles 18, 19 and 20 of the Directive.

GIVEN under my Official Seal, this 7th day of January, 1997.

RICHARD BRUTON,

 Minister for Enterprise and Employment.

*O.J. L382/17 of 31-12-1986.

EXPLANATORY NOTE.

These Regulations have been made in order to state expressly, for the avoidance of any possible doubt, what was done in the European Communities (Commercial Agents) Regulations 1994 ( S.I. No. 33 of 1994 ) regarding Article 17 of the Council Directive on Commercial Agents. The Regulations confirm that, after termination of an agency agreement, a commercial agent shall be entitled to compensation under Article 17 (3) of Council Directive No. 86/653/EEC of 18th December 1986.