European Communities (Transport Auxiliaries) Regulations, 1988

• Jurisdiction: Ireland
• Citation: IR SI 18/1988
• Year: 1988

S.I. No. 18 of 1988.

EUROPEAN COMMUNITIES (TRANSPORT AUXILIARIES) REGULATIONS, 1988.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), with the consent of the Minister for the Marine, in so far as these Regulations relate to the activities specified in Regulation 3 (a) (ii), 3 (a) (iii) and 3 (a) (v) of these Regulations, and of the Minister for Agriculture and Food, in so far as these Regulations relate to the activity specified in Regulation 3 (c) of these Regulations, and for the purpose of giving effect to Council Directive No. 82/470/EEC of 29 June, 19821, hereby make the following Regulations:

1O.J. No. L213, 21.7.1982., p.1. 1. These Regulations may be cited as the European Communities (Transport Auxiliaries) Regulations, 1988. 2. (1) In these Regulations—

"certificate of experience" means a certificate issued by the competent authority pursuant to Article 7 (3) of the Council Directive;

"competent authority" has the meaning specified in Regulation 4 of these Regulations;

"the Council Directive" means Council Directive No. 82/470/EEC of 29 June, 19821;

"Member State" means a member state of the European Communities;

"the Minister" means the Minister for Tourism and Transport.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has the meaning in these Regulations that it has in the Council Directive, unless the contrary intention appears. 3. These Regulations shall apply to the activities specified at points A, B and C of Article 2 of the Council Directive in respect of which the usual titles current in the State are—

(a) in relation to the activities specified at point A of the said Article 2, as follows—

(i) Forwarding agent,

(ii) Shipping and forwarding agent,

(iii) Shipbroker,

(iv) Freight agent,

(v) Shipping agent,

(vi) Air freight agent, and

(vii) Road haulage broker,

(b) in relation to the activities specified at point B of the said Article 2, as follows—

(i) Travel agent,

(ii) Tour operator,

(iii) Air broker, and

(iv) Air travel organiser,

and

(c) in relation to the activity specified at point C of the said Article 2, as follows—

Market or lairage operator. 4. The competent authority in the State for the purposes of the Council Directive shall be—

(a) in relation to the activities specified in Regulation 3 (a) (i), 3 (a) (iv), 3 (a) (vi), 3 (a) (vii) and 3 (b) of these Regulations, the Minister;

(b) in relation to the activities specified in Regulation 3 (a) (ii), 3 (a) (iii) and 3 (a) (v) of these Regulations, the Minister for the Marine;

(c) in relation to the activity specified in Regulation 3 (c) of these Regulations, the Minister for Agriculture and Food. 5. (1) A citizen of the State, or a citizen of any other Member State, who has acquired in the State the experience specified in Article 6 of the Council Directive, and who wishes to take up and pursue in a Member State (other than the State) any of the activities to which these Regulations apply, may apply to the competent authority for a certificate of experience.

(2) Every application pursuant to paragraph (1) of this Regulation for a certificate of experience shall be in writing and shall be accompanied by—

(a) sufficient documentary evidence to establish that the applicant possesses the required experience in the activity in relation to which the certificate is sought; and

(b) a fee of £50 which shall be non-refundable.

(3) Every applicant for a certificate of experience shall furnish, within such time as may be specified in the requirement, to the competent authority such additional documents or evidence of experience as the competent authority may require. 6. (1) The competent authority shall grant a certificate of experience if he is satisfied that the applicant therefor satisfies the requirements of Article 6 of the Council Directive.

(2) If the competent authority is not so satisfied, or if the applicant fails or refuses to furnish any additional documents or evidence which the competent authority may require, the competent authority shall refuse to grant the certificate of...