S.I. No. 33/1994 - European Communities (Commercial Agents) Regulations, 1994.

S.I. No. 33 of 1994.

EUROPEAN COMMUNITIES (COMMERCIAL AGENTS) REGULATIONS, 1994.

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) for the purpose of giving effect to Council Directive 86/653/EEC of 18 December 1986*, on the co-ordination of the laws of the Member States relating to self-employed commercial agents, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Commercial Agents) Regulations, 1994.

2. (1) In these Regulations:

"commercial agent" means a self-employed intermediary who has continuing authority to negotiate the sale or purchase of goods on behalf of another person, hereinafter called "the principal", or to negotiate and conclude such transactions on behalf of and in the name of the principal;

the term "commercial agent" does not include—

(a) a person who, in the capacity of an officer of a company or association, is empowered to enter into commitments binding on that company or association;

(b) a partner who is lawfully authorised to enter into commitments binding on the partners;

(c) a receiver, a receiver and manager, a liquidator or an examiner, as defined in the Companies Acts, 1963 to 1990, or a trustee in bankruptcy;

(d) a commercial agent whose activities are unpaid;

(e) a commercial agent operating on commodity exchanges or in the commodity market; or

^*O.J. L382/17 of 31st December 1986.

(f) a consumer credit agent or a mail order catalogue agent for consumer goods, whose activities, pursuant to paragraph (2) of this Regulation, are considered secondary;

"the Directive" means Council Directive 86/653 EEC of 18 December 1986*.

(2) The activities of an agent of a category described in paragraph (1) (f) of this Regulation shall be presumed, unless the contrary is established, to be secondary for the purposes of these Regulations.

(3) The Directive shall, subject to these Regulations, apply to the relations between commercial agents and their principals from 1 January 1994.

4. In the application of Article 7 (2) of the Directive, a commercial agent shall be entitled to commission on commercial transactions concluded during the period covered by the agency contract only where the agent has an exclusive right to a specific geographical area or group of customers and where the transaction has been entered into with a customer belonging to that area or group.

5. The agency contract shall not be valid unless it is evidenced in writing.

GIVEN under my Official Seal, this 21st day of February 1994.

RUAIRÍ QUINN,

Minister for Enterprise and Employment.

EXPLANATORY NOTE.

These Regulations give legal effect to EU Council Directive 86/653/EEC on the Co-ordination of the LAWS of Member States relating to Self-Employed Commercial Agents. The Regulations deal with the relationship between Commercial Agents and their Principals and their respective rights and obligations. Certain categories of agent are specifically excluded.

^*O.J. L382/17 of 31st December 1986.