European Communities Act, 2007

• Jurisdiction: Ireland
• Citation: IR No. 18/2007

Number 18 of 2007
EUROPEAN COMMUNITIES ACT 2007
ARRANGEMENT OF SECTIONS
Section
1. Definitions.
2. Amendment of section 3 of Act of 1972.
3. Regulations to which section 3(3) of Act of 1972 applies.
4. Power to give effect to European acts under statutes other than Act of 1972.
5. Validation of certain statutory instruments.
6. Short title and collective citation.
Acts Referred to
European Communities Act 1972 1972, No. 27 European Communities Acts 1972 to 2006 Ministers and Secretaries (Amendment) (No. 2) Act 1977 1977, No. 28
Number 18 of 2007
EUROPEAN COMMUNITIES ACT 2007
AN ACT TO AMEND THE EUROPEAN COMMUNITIES ACT 1972 FOR THE PURPOSE OF ALLOWING OFFENCES UNDER REGULATIONS UNDER THAT ACT TO BE PROSECUTED ON INDICTMENT; TO MAKE PROVISION IN RELATION TO THE TRANSPOSITION OF PROVISIONS OF THE TREATIES GOVERNING, AND ACTS OF THE INSTITUTIONS OF, THE EUROPEAN COMMUNITIES UNDER ACTS OF THE OIREACHTAS OTHER THAN THAT ACT; AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH.
[21st April, 2007]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
	Definitions.	1.— In this Act—
	“ Act of 1972 ” means the European Communities Act 1972 ;
	“European act” means—
	(a) a provision of the treaties governing the European Communities, or
	(b) an act, or provision of an act, adopted by an institution of the European Communities or any other body competent under those treaties;
	“ European Communities ” has the same meaning as it has in the Act of 1972;
	“ statute ” means—
	(a) an Act of the Oireachtas, or
	(b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues to be of full force and effect by virtue of Article 50 of the Constitution;
	“ statutory instrument ” means an order, regulation, rule, scheme or bye-law made in exercise of a power conferred by statute;
	“ treaties governing the European Communities ” has the same meaning as it has in the Act of 1972.
	Amendment of section 3 of Act of 1972.	2.— Section 3 of the Act of 1972 is amended by—
	(a) the substitution of the following subsection for subsection (3):
	“(3) Regulations under this section may—
	(a) make provision for offences under the regulations to be prosecuted on indictment, where the Minister of the Government making the regulations considers it necessary for the purpose of giving full effect to—
	(i) a provision of the treaties governing the European Communities, or
	(ii) an act, or provision of an act, adopted by an institution of the European Communities or any other body competent under those treaties,
	and
	(b) make such provision as that Minister of the Government considers necessary for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner are effective and proportionate, and have a deterrent effect, having regard to the acts or omissions of which the offence consists, provided that the maximum fine (if any) shall not be greater than €500,000 and the maximum term of imprisonment (if any) shall not be greater than 3 years.”,
	and
	(b) the insertion of the following subsection:
	“(5) In this section—
	‘ maximum fine ’ means the maximum fine to which a person shall be liable on conviction on indictment of an offence;
	‘ maximum term of imprisonment ’ means the maximum term of imprisonment to which a person...