S.I. No. 178/2021 - European Communities (Reception Conditions) (Amendment) (No. 2) Regulations 2021


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th April, 2021.

I, HELEN MCENTEE, Minister for Justice, 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 further effect to Directive 2013/33/EU of 26 June 20131 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Reception Conditions) (Amendment) (No. 2) Regulations 2021.

2. Regulation 2 of the European Communities (Reception Conditions) Regulations 2018 ( S.I. No. 230 of 2018 ) is amended –

(a) in the definition of “applicant”, by the deletion of “, subject to paragraph (2),”,

(b) in the definition of “recipient”, by the deletion of “, subject to paragraphs (2) and (3),”, and

(c) by the deletion of paragraphs (2) and (3).

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GIVEN under my Official Seal,

15 April, 2021.

HELEN MCENTEE,

Minister for Justice.

EXPLANATORY NOTE

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

These Regulations amend the European Communities (Reception Conditions) Regulations ( S.I. No. 230 of 2018 ) to give further effect in Irish law to Directive 2013/33/EU of 26 June 2013.

The Regulations delete paragraphs (2) and (3) from Regulation 2 of S.I. No. 230 of 2018 , which excluded from access to the labour market applicants for international protection the subject of notification of a transfer decision under Regulation 5(2) or an appeal under Regulation 16(2) of the European Union (Dublin System) Regulations 2018 ( S.I. No. 62 of 2018 ).

1 OJ No. L. 180, 29.06.2013, p.96