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S.I. No. 441/1985 - European Communities (Aliens) (Amendment No. 2) Regulations, 1985.

S.I. No. 441 of 1985.

EUROPEAN COMMUNITIES (ALIENS) (AMENDMENT NO. 2) REGULATIONS, 1985.

I, MICHAEL NOONAN, 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 effect to the Treaty relating to the accession of the Portuguese Republic and the Kingdom of Spain to the European Economic Community and to the European Atomic Energy Community signed at Lisbon and Madrid on the 12th day of June, 1985, hereby make the following Regulations:—

1. These Regulations may be cited as the European Communities (Aliens) (Amendment No. 2) Regulations, 1985.

2. In these Regulations "the Principal Regulations" means the European Communities (Aliens) Regulations, 1977 ( S.I. No. 393 of 1977 ).

3. The Principal Regulations, the European Communities (Aliens) (Amendment) Regulations, 1981, the European Communities (Aliens) (Amendment) Regulations, 1985, and these Regulations may be cited together as the European Communities (Aliens) Regulations, 1977 to 1985, and shall be construed together.

4. These Regulations shall come into operation on the 1st day of January, 1986.

5. Paragraph 1 of the First Schedule of the. Principal Regulations which defines nationals of member States to whom those Regulations apply, is hereby amended by the insertion after "the Netherlands" of "the Portuguese Republic and the Kingdom of Spain".

6. (1) Notwithstanding Regulation 5 of these Regulations—

( a ) Regulations 4 and 5 of the Principal Regulations shall apply to a national of Portugal and to a national of Spain who is coming to the State to take up or pursue an activity as an employed person, or who is in employment in the State, only if the employment is in accordance with a permit for his employment granted by the Minister for Labour;

( b ) any member of the family of a national of Portugal or of Spain who is established or wishes to become established in the State may not take up or pursue an activity as an employed person except in accordance with a permit for his employment granted by the Minister for Labour;

( c ) any member of the family of a national of Portugal or of Spain who is in employment in the State in accordance with a permit granted by the Minister for Labour may not take up or pursue an activity as an employed person in the State except in accordance with a permit for his employment granted by the Minister for Labour.

(2) Paragraph (1) (a) of this Regulation shall cease to have effect on the 1st day of January, 1993, and, in respect of those members of the family of a national of Portugal or Spain referred to in paragraph (b) or (c) of this Regulation, shall cease to have effect on the 1st day of January, 1991.

(3) Paragraphs (1) (b) and (1) (c) of this Regulation shall cease to have effect on the 1st day of January, 1991.

(4) Subject to paragraph (6) of this Regulation, paragraph (1) (b) of this Regulation shall not apply if the member of the family has been resident in the State with the national of Portugal or Spain referred to in the said paragraph (1) (b) for at least three years.

(5) Subject to paragraph (6) of this Regulation, paragraph (1) (c) of this Regulation shall not apply if the member of the family has been resident with the employed person in the State for at least three years.

(6) The period of three years specified in paragraph (4) or (5) of this Regulation shall be reduced to eighteen months with effect from the 1st day of January, 1989.

(7) Paragraphs (1) (b) and (1) (c) of this Regulation shall not apply to the members of the family of a Portuguese national or a Spanish national who was employed or self-employed in the State at the date of signature of the Treaty relating to the accession of Portugal and Spain to the European Economic Community.

(8) In this Regulation references to the members of the family of a national of Spain or Portugal shall be construed as references to the spouses and their descendants who are under the age of 21 years or are dependants.

GIVEN under my Official Seal, this 31st day of December, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations amend the European Communities (Aliens) Regulations, 1977 ( S.I. No. 393 of 1977 ) to provide for the accession of Portugal and Spain to the European Communities.