S.I. No. 54/1991 - European Communities (Scheduled Air Fares) Regulations, 1991.
S.I. No. 54 of 1991. | ||
EUROPEAN COMMUNITIES (SCHEDULED AIR FARES) REGULATIONS, 1991. | ||
I, SEAMUS BRENNAN, Minister for Tourism, Transport and Communications, 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 (EEC) No. 2342/90 of 24 July 1990(1), hereby make the following Regulations: 1. These Regulations may be cited as the European Communities (Scheduled Air Fares) Regulations, 1991. 2. In these Regulations— | ||
"the Act of 1986" means the Air Transport Act, 1986 (No. 4 of 1986), as amended by the Air Navigation and Transport Act, 1988 (No. 15 of 1988); | ||
"the Council Regulation" means Council Regulation (EEC) No. 2342/90 of 24 July 1990; | ||
"the Minister" means the Minister for Tourism, Transport and Communications. 3. A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the same meaning in these Regulations as it has in the Council Regulation. 4. Paragraph (a) to (d) of section 3 (3) of the Act of 1986 shall not apply to the determination of air fares in respect of scheduled air services between the State and other Member States to which the Council Regulation applies. 5. Where by virtue of Article 4 (4) or (5) of the Council Regulation an air fare is considered to be approved by the State, that air fare shall be deemed to have been approved of by the Minister under section 3 (2) of the Act of 1986. 6. (1) For the purpose of ensuring that a decision given by the Minister under section 3 (2) of the Act of 1986 in respect of an air fare complies with any decision in respect of that fare under Article 5 of the Council Regulation, the Minister is hereby empowered— | ||
(1) OJ No. L 217, 11.8.1990, pp. 1-7. | ||
( a ) to rescind or (as may be appropriate) suspend the effect of any decision he may give in respect of an air fare under the said section 3 (2) and give, in lieu thereof, a decision which complies with the decision of the Commission in respect of the fare under Article 5 (2) or (3) (as the case may be) of the Council Regulation; and | ||
( b ) where, in respect of that fare, the decision (if any) of the Council under Article 5 (5) of the Council Regulation is different to that of the Commission under the said Article 5 (3), to rescind any decision he may give under the said section 3 (2) or (as may be appropriate) subparagraph (a) of this paragraph in respect of the fare and give, in lieu thereof, a decision which complies with the decision of the Council. | ||
(2) Where, for the purposes of complying with a decision of the Commission under Article 5 (2) of the Council Regulation, the Minister suspends under paragraph (1) (a) of this Regulation the effect of a decision given by him under section 3 (2) of the Act of 1986 and gives, in lieu thereof, a decision which complies with the decision of the Commission, both the suspension and decision shall have effect only for the period under the said Article 5 (2) for which the air fare in question is not to remain in force. | ||
(3) Any decision given by the Minister under paragraph (1) of this Regulation in respect of an air fare shall be deemed to be a decision given by the Minister under section 3 (2) of the Act of 1986 to approve of, to approve of with modification, or to refuse to approve of (as the case may be) that fare. | ||
(4) The Minister shall give notice in writing to the air carrier concerned of any decision which by virtue of paragraph (3) of this Regulation or Regulation 5 of these Regulations is deemed to have been given by him under section 3 (2) of the Act of 1986 and section 9 of that Act shall apply to the manner in which such notice is to be given. | ||
(5) References in paragraphs (1) and (2) of this Regulation to a decision given by the Minister under section 3 (2) of the Act of 1986 shall be construed as including references to a decision which the Minister is deemed by virtue of Regulation 5 of these Regulations to have given under that provision. 7. The European Communities (Scheduled Air Fares) Regulations, 1989 ( S.I. No. 207 of 1989 ), are hereby revoked. | ||
GIVEN under my Official Seal, this 20th day of March, 1991 | ||
SEAMUS BRENNAN | ||
Minister for Tourism, Transport andCommunications | ||
EXPLANATORY NOTE. | ||
The purpose of these Regulations is to implement Council Regulation (EEC) No. 2342/90 on fares for scheduled air services between Member States. | ||