S.I. No. 219/1989 - European Communities (Preferential Treatment For Debts in Respect of Levies on Production of Coal and Steel) Regulations, 1989.

S.I. No. 219 of 1989.

EUROPEAN COMMUNITIES (PREFERENTIAL TREATMENT FOR DEBTS IN RESPECT OF LEVIES ON PRODUCTION OF COAL AND STEEL) REGULATIONS, 1989.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 Commission Recommendation No. 86/198/ECSC of 13 May, 1986*, hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Preferential Treatment for Debts in respect of Levies on Production of Coal and Steel) Regulations, 1989.

2. In these Regulations "the Commission Recommendation" means Commission Recommendation No. 86/198/ECSC of 13 May, 1986*.

*OJ. No. L 144 of 29 May 1986, pp. 40, 41.

3. (1) ( a ) There shall be included among the debts which, under section 81 (1) of the Bankruptcy Act, 1988 , are to be paid in priority to all other debts in the distribution of the property of a bankrupt—

(i) any debts arising from the application of the levies referred to in Articles 49 and 50 of the ECSC Treaty which shall have fallen due within the period of twelve months next before the date of the order of adjudication of the bankrupt was made, and

(ii) any surcharges, in respect of delay in paying those levies, referred to in Article 3 of the Commission Recommendation.

( b ) Subparagraph (a) of this paragraph shall, for the purposes of section 81 of the Bankruptcy Act, 1988 , be deemed to be contained in subsection (1) of that section and, in particular, subsections (7) and (9) of that section shall be construed accordingly.

(2) ( a ) There shall be included among the debts which, under section 285 of the Companies Act, 1963 , are to be paid in priority to all other debts in the winding up of a company—

(i) any debts arising from the application of the levies referred to in Articles 49 and 50 of the ECSC Treaty which shall have fallen due within the period of twelve months next before the relevant date, and

(ii) any surcharges in respect of delay in paying those levies, referred to in Article 3 of the Commission Recommendation.

( b ) Subparagraph (a) of this paragraph shall, for the purposes of section 98 of the Companies Act, 1963 , be deemed to be contained in section 285 of that Act.

( c ) In subparagraph (a) of this paragraph "the relevant date" has the same meaning as it has in section 285 of the Companies Act, 1963 .

GIVEN under my Official Seal, this 29th day of August, 1989.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

These Regulations give effect to Commission Recommendation 86/198/ECSC (O.J. No. L144, 29.5. 1986 pp 40, 41) on the establishment of preferential treatment for debts in respect of levies on the production of coal and steel.

In effect the Regulations include debts in respect of ECSC levies among those debts which are to be paid in priority to all other debts in the distribution of the property of a bankrupt or in the winding up of a company.