European Communities (Implementation of the Rules on Competition Laid Down in Articles 81 and 82 of the Treaty) (Amendment) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 525/2007
• Year: 2007

S.I. No. 525 of 2007

EUROPEAN COMMUNITIES (IMPLEMENTATION OF THE RULES ON COMPETITION LAID DOWN IN ARTICLES 81 AND 82 OF THE TREATY) (AMENDMENT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, 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 full effect to Council Regulation (EC) No. 1/2003 of 16 December 2002 1 as amended by Council Regulation (EC) No. 411/2004 of 26 February 2004 2 , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Communities (Implementation of the Rules on Competition laid down in Articles 81 and 82 of the Treaty) (Amendment) Regulations 2007.

(2) The Principal Regulations and these Regulations may be cited together as the European Communities (Implementation of the Rules on Competition laid down in Articles 81 and 82) Regulations 2004 and 2007.

(3) These Regulations come into operation on 27th July 2007.

2. In these Regulations “Principal Regulations” means the European Communities (Implementation of the Rules on Competition laid down in Articles 81 and 82) Regulations 2004 (No. 195 of 2004).

3. The Principal Regulations are amended—

(a) in Regulation 2—

(i) by substituting the following for the definition of “Act”:

“ ‘Act’ means the Competition Act 2002 (No. 14 of 2002) (as amended by the Communications Regulation (Amendment) Act 2007 (No. 22 of 2007));”,

(ii) by inserting the following definition after the definition of “Act”:

“ ‘associated facilities’ in relation to an electronic communications undertaking, has the same meaning as in section 2(1) of the Communications Regulation Act 2002 (No. 20 of 2002);”,

(iii) by inserting the following definition after the definition of “Authority”:

“ ‘Commission’ means the Commission for Communications Regulation established by Part 2 of the Communications Regulation Act 2002 ;”,

and

(iv) by inserting the following definitions after the definition of “Council Regulation”—

“ ‘electronic communications network’ has the same meaning as in section 2 of the Communications Regulation Act 2002 ;

‘electronic communications service’ has the same meaning as in section 2 of the Communications Regulation Act 2002 ;

‘electronic communications undertaking’ means an undertaking that provides an electronic communications network or an electronic communications service or associated facilities;”,

(b) by substituting the following for Regulation 4:

“4. (1) Subject to paragraphs (2) and (3) of this Regulation, each of the following namely—

(a) the Authority, and

(b) as respects functions assigned that relate to electronic communications services, electronic communications networks or associated facilities, the Commission,

is, as respects the State, designated as a competition authority for the purpose of performing the functions assigned to competition authorities of the Member...