S.I. No. 124/1993 - European Communities (Rules on Competition) Regulations, 1993.

S.I. No. 124 of 1993.

EUROPEAN COMMUNITIES (RULES ON COMPETITION) REGULATIONS, 1993.

I, RUAIRÍ QUINN, Minister for Enterprise and Employment, 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 Council Regulation No. 17 of 6 February, 1962, and Council Regulation (EEC) No. 4064/89 of 21 December, 1989, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Rules on Competition) Regulations, 1993.

2. In these Regulations—

"authorised officer" means an officer to whom an authorisation has been issued by virtue of Regulation 4 of these Regulations;

"the Council Regulation of 1962" means Council Regulation No. 17 of 6 February, 1962⁽ⁱ⁾;

⁽ⁱ⁾ O.J. No. 13, 21.2.1962, p. 204/62.

"the Council Regulation of 1989" means Council Regulation (EEC) No. 4064/89 of 21 December, 1989'⁽ⁱⁱ⁾;

⁽ⁱⁱ⁾ O.J. No. L 395, 30.12.1989, p. 1/12; Corrigendum: O.J. No. L257, 21.9.1990, p. 14/25.

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

"investigation" means an investigation mentioned in Article 13 or 14 of the Council Regulation of 1962, including an inquiry under Article 12 of that Regulation or under Article 12 or 13 of the Council Regulation of 1989;

"the Minister" means the Minister for Enterprise and Employment.

3. The Minister shall be the competent authority for the purposes of the Council Regulation of 1962 and the Council Regulation of 1989.

4. (1) Such officers, being authorised officers for the purposes of section 20 of the Competition Act, 1991 (No. 24 of 1991), or officers of the Minister, as are authorised by the Minister in accordance with this Regulation, shall be officials to assist officials of the European Commission for the purposes of the Council Regulation of 1962 and the Council Regulation of 1989.

(2) An authorisation issued by virtue of this Regulation shall be in writing and shall specify the subject matter and purpose of the investigation to which the authorisation relates.

5. (1) For the purpose of carrying out an investigation, an authorised officer may, either alone or accompanied by one or more officials of the European Commission, who is or are acting under either the Council Regulation of 1962 or the Council Regulation of 1989:

( a ) enter and inspect any building or other land or any vehicle, vessel or aircraft used by undertakings or associations of undertakings,

( b ) require the person carrying on the business of any undertaking or association of undertakings or any person employed in connection therewith to produce to the authorised officer any books, documents or records relating to such activity which are in that person's power or control, and to give to the authorised officer such information as he may reasonably require in regard to any entries in such books, documents and records,

( c ) inspect and copy or take extracts from any such books, documents and records,

( d ) require a person mentioned in paragraph (b) to give to the authorised officer any information he may require in regard to the persons carrying on such activity (including in particular, in the case of an unincorporated body of persons, information in regard to the membership thereof and its committee of management or other controlling authority) or employed in connection therewith,

( e ) require a person mentioned in paragraph (b) to give to the authorised officer any information which the officer may reasonably require in regard to such activity,

( f ) without prejudice to the generality of the foregoing, require any such person to reproduce for and give to the authorised officer in legible form the content of any such record kept otherwise than in legible form.

(2) Before exercising any power conferred by this Regulation, an authorised officer shall produce to the person (if any) appearing to him to be in charge, the relevant authorisation issued to him by virtue of Regulation 4 of these Regulations.

(3) Any person who obstructs or impedes an authorised officer in the exercise of a power conferred by this Regulation or does not comply with a requirement under this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a period not exceeding twelve months or, at the discretion of the Court, to both such fine and imprisonment.

(4) An offence under this Regulation may be prosecuted by the Minister.

6. (1) If a Judge of the District Court or a Peace Commissioner is satisfied by information on oath that:

( a ) an investigation is being carried out, and

( b ) there are reasonable grounds for believing that there may be an interference with or an obstruction of—

(i) an authorised officer in the course of exercising, in relation to the investigation, a power conferred on him by Regulation 5 of these Regulations, or

(ii) an official of the European Commission in the course of acting, in relation to the investigation, under the Council Regulation of 1962 or the Council Regulation of 1989, or

( c ) a requirement made under Article 14.1 of the Council Regulation of 1962 or Article 13.1 of the Council Regulation of 1989 or Regulation 5 (1) of these Regulations has not been complied with,

the Judge or Commissioner may issue a search warrant under this Regulation.

(2) subject to paragraph (3) of this Regulation, a warrant issued under this Regulation shall be expressed and shall operate to:

( a ) authorise a person named in the warrant and also any one or more officials of the European Commission accompanying him together with such other person (if any) accompanying him (including members of the Garda Síochána) as may be reasonably necessary for the purposes of the relevant investigation, within seven days of the issue of the warrant to enter and search, if need be by force, the premises or vehicles named in the warrant,

( b ) authorise the person so named and also each of the persons duly accompanying him to—

(i) require any person found on such premises or vehicles to furnish to him his name and address,

(ii) require a person who is in occupation or is in control or is concerned in the management of the premises or vehicles or is employed in any connection therewith to furnish to him his name and address and to comply with any request pursuant to sub-paragraph (b) and (c) of Regulation 5 (1) of these Regulations, and if the person so named has reasonable grounds for believing that a book, document or record found in the course of the search may be required for the purposes of such investigation, he may seize and retain it and anything else which in his opinion may be required for the said purposes.

(3) The powers conferred on a person by a warrant issued under this section shall, in case the person is not a member of the Garda Síochána, be exercisable by the person as regards premises and vehicles, if and only for so long as, he is accompanied by such a member.

GIVEN under my Official Seal, this 4th day of May, 1993.

RUAIRÍ QUINN,

Minister for Enterprise and

Employment.

EXPLANATORY NOTE.

The purpose of these Regulations is to implement Council Regulation No. 17 of 6 February, 1962 and Council Regulation (EEC) No. 4064/89 of 21 December, 1989 to the extent of enabling investigations to be carried out. The Regulations lay down procedures for the application of EC rules on competition relating to: (i) restrictive practices between undertakings which affect trade between Member States of the European Communities and abuses of dominant positions with respect to Articles 85 and 86 of the Treaty of Rome; and (ii) the control of mergers and take-overs between undertakings with a European Community dimension.