S.I. No. 55/1999 - European Communities (Customs and Agriculture Mutual Assistance) (Competent Authorities) Regulations, 1999.


I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purposes of giving effect to Council Regulation (EC) No. 515/97 of 13 March 1997,(1) hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Customs and Agriculture Mutual Assistance) (Competent Authorities) Regulations, 1999.

2. (1) In these Regulations—

“the CIS” means the Customs Information System;

“the Council Regulation” means Council Regulation (EC) No. 515/97 of 13 March 1997.(1)

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation shall, unless the context otherwise requires, have the meaning in these Regulations that it has in the Council Regulation.

3. For the purposes of Article 2(2) of the Council Regulation, the Revenue Commissioners and the Minister for Agriculture, Food and Rural Development are hereby appointed as the competent authorities for the purposes of applying in the State the Council Regulation.

4. For the purposes of Article 29 (1) of the Council Regulation—

(a) the Revenue Commissioners are hereby designated to have direct access to data included in the CIS, and

(b) the Minister for Agriculture, Food and Rural Development is hereby designated to have direct access to data included in the CIS for the purposes of Article 1 (d) of Commission Regulation (EC) No. 696/98 of 27 March 1998.(2)

5. For the purposes of Article 30 (2) of the Council Regulation—

(a) the Revenue Commissioners are hereby designated as the national authority which may use data obtained from the CIS, and

(b) the Minister for Agriculture, Food and Rural Development is hereby designated as a national authority which may also use data obtained from the CIS introduced into it under Article 1 of Commission Regulation (EC) No. 696/98 of 27 March 1998.(2)

6. For the purposes of Article 37 (1) of the Council Regulation, the Data Protection Commissioner is hereby designated as the national supervisory authority responsible for personal data protection to carry out independent supervision of such data included in the CIS.

7. For the purposes of Article 39 (1) of the Council Regulation, the Revenue Commissioners are hereby designated responsible for the security measures mentioned therein.

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GIVEN under my Official Seal, this 23rd day of February, 1999.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

The purpose of these Regulations is to implement Council Regulation (EC) No. 515/97 of 13th March, 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters and Commission Regulation (EC) No. 696/98 of 27th March, 1998 implementing the Council Regulation.

They provide for the designation of specific authorities responsible for carrying out certain functions in relation to the Council and Commission Regulations and in relation to the CIS which is established under the Council Regulation.

1 O.J. No. L82, 22.3.97, p.1.

1 O.J. No. L82, 22.3.97, p.1.

2 O.J. No. L96, 28.3.98, p.22.

2 O.J. No. L96, 28.3.98, p.22.