S.I. No. 175/1975 - European Communities (Prohibition of Discrimination in Transport Rates and Conditions) Regulations, 1975.

S.I. No. 175 of 1975.

EUROPEAN COMMUNITIES (PROHIBITION OF DISCRIMINATION IN TRANSPORT RATES AND CONDITIONS) REGULATIONS, 1975.

I, PETER BARRY, T.D., Minister for Transport and Power, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:

1 Preliminary and general provisions

1. These Regulations may be cited as the European Communities (Prohibition of Discrimination in Transport Rates and Conditions) Regulations, 1975, and shall come into operation on the 31st day of July, 1975.

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2. In these Regulations—

"authorised officer" means a person authorised by the Minister for the purposes of these Regulations or the Council Regulation;

"the Commission" means the Commission of the European Communities;

"the Council Regulation" means Council Regulation (EEC) No. 11/60,¹ which relates to the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the EEC Treaty;

¹OJ No. 52, 16.8. 1960, p. 1121/60.

"goods" means any goods other than goods listed in Annexes I and III to the Treaty establishing the European Coal and Steel Community;

"the Minister" means the Minister for Transport and Power;

"transport undertaking" means an undertaking engaged in the carriage of goods for hire or reward, whether by rail, road or inland waterway.

3 Application of Regulations

3. These Regulations shall apply to any person—

( a ) who carries on a transport undertaking,

( b ) who is a forwarding or other agent concerned with the carriage of goods by rail, road or inland waterway, or

( c ) who is a direct provider of services ancillary to such carriage in any case specified in Article 13 (2) of the Council Regulation.

4 Notifications to Minister

4. Within three months of the commencement of these Regulations a transport undertaking shall notify the Minister in writing of the existence and terms of any tariff or agreement relating to transport rates and conditions, to which it is a party or by which it is bound and whereby the rates and conditions for the carriage of the same goods over the same transport links vary according to the country of origin or of destination of the goods in question.

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5. Where subsequent to the commencement of these Regulations a transport undertaking becomes a party to or becomes bound by a tariff or agreement of the kind referred to in Regulation 4, it shall forthwith notify the Minister in writing of the existence and terms of the tariff or agreement.

6 Additional information

6. (1) For the purpose of enabling the Minister to comply with a request from the Commission under Article 11 (1) of the Council Regulation (which relates to the supplying of additional information), the Minister may request a transport undertaking to provide him with additional information relating to a tariff or agreement of the kind referred to in Regulation 4 and to which the undertaking is a party, and the undertaking shall comply with the request.

(2) The Minister may fix a time limit of not less than two weeks for the provision of information so requested.

7 Powers of authorised officers

7. For the purpose of implementing the Council Regulation and of enforcing compliance with these Regulations, an authorised officer may—

( a ) enter any land, premises or vehicle of a person to whom these Regulations apply,

( b ) inspect and examine the books and other business records of any such person,

( c ) take copies of or extracts from any such books or records,

( d ) require from such person an explanation or further information relating to a matter contained in any such books or records.

8 Offences

8. (1) A person who refuses admission to, obstructs or otherwise interferes with an authorised officer in the execution of his duties under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200, together with, in the case of a continuing offence, a further fine not exceeding £20 for each day during which the offence is continued.

(2) A person who fails to comply with Regulation 4, 5 or 6 of these Regulations or with Article 6 or 13 of the Council Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100, together with, in the case of a continuing offence, a further fine not exceeding £10 for each day during which the offence is continued.

(3) A person who, in purported compliance with Regulation 4, 5 or 6 of these Regulations or with Article 6 or 13 of the Council Regulation, knowingly furnishes false information to the Minister shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

(4) Proceedings in relation to an offence under these Regulations may be brought and prosecuted by the Minister.

GIVEN under my Official Seal, this 31st day of July, 1975.

PETER BARRY,

Minister for Transport and Power.

EXPLANATORY NOTE.

These Regulations supplement E.E.C. Council Regulation No. 11/60 of 27th June, 1960 concerning the abolition of discrimination in transport rates and conditions, in implementation of Article 79 (3) of the Treaty establishing the European Economic Community, by:—

( a ) requiring transport undertakings to notify the Minister for Transport and Power in writing within three months from 31 July, 1975 of any tariff or agreement to which they are a party whereby the rates and conditions for the carriage of the same goods over the same transport links vary according to the country of origin or of destination of the goods; and to provide additional information if so requested by the Minister;

( b ) providing for powers of inspection for the purpose of enforcing compliance with the Regulations; and

( c ) prescribing penalties for offences under the Regulations.