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S.I. No. 561/2006 - European Communities (Road Transport) (Amendment) Regulations 2006

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S.I. No. 561/2006 - European Communities (Road Transport) (Amendment) Regulations 2006
EUROPEAN COMMUNITIES (ROAD TRANSPORT) (AMENDMENT) REGULATIONS 2006.
S.I. No. 561 of 2006 .
I, MARTIN CULLEN, Minister for Transport, 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, in so far as road transport operations are concerned, to Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 and Council Directive No. 2004/66/EC of 26 April 20043 , hereby make the following Regulations:

1.  These Regulations may be cited as the European Communities (Road Transport) (Amendment) Regulations 2006.

2. (1) In these Regulations -
“Passenger Regulations” means European Communities (Road Passenger Transport) Regulations 1991 ( S.I. No. 59 of 1991 ),
“Road Haulage Regulations” means European Communities (Merchandise Road Transport) Regulations 1991 ( S.I. No. 60 of 1991 ),
“Principal Directive” means Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 and Council Directive No. 2004/66/EC of 26 April 20043 .

3. Regulation 2 of the Passenger Regulations is hereby amended by-
(a)  the substitution for the definition of “the Minister” of the following:
‘“the Minister” means the Minister for Transport;’, and
(b)  the substitution for the definition of “the Principal Directive” of the following:
‘“the Principal Directive” means Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 and Council Directive No. 2004/66/EC of 26 April 20043 ;’.

4.  Regulation 2 of the Road Haulage Regulations is hereby amended by-
(a) the substitution for the definition of “the Minister” of the following:
‘“the Minister” means the Minister for Transport;’, and
(b) the substitution for the definition of “the Principal Directive” of the following:
‘“the Principal Directive” means Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 and Council Directive No. 2004/66/EC of 26 April 20043 ;”.

5. Regulation 11 of the Road Haulage Regulations is hereby amended by the substitution for paragraph (1) of the following:
“(1)  The Minister may grant a certificate, to be known and in these Regulations referred to as a “certificate of professional competence”, in accordance with the form of certificate set out in Annex la to the Principal Directive, to any natural person applying therefor who meets the appropriate requirements of paragraph (3) of this Regulation and such certificate shall be produced as proof of professional competence.”.

6. Regulation 8 of the Road Passenger Regulations is hereby amended by the substitution for paragraph (5) of the following:
“(5)  Subject to paragraph (6) of this Regulation, where the applicant for a road passenger transport operator's licence holds a certificate of competence issued by the authority or body designated for that purpose by another Member State, the Minister shall recognise the certificate as sufficient proof of professional competence in accordance with Article 10 of the Principal Directive.”.

7. For the purposes of both the Road Haulage Regulations and the Road Passenger Regulations, footnote 1 of Annex la to the Principal Directive is set out in the schedule to these Regulations.
GIVEN under my Official Seal, this 31st day of October 2006.
MARTIN CULLEN, T.D.,

Minister for Transport.
SCHEDULE
Foot note 1 of Annex 1a of Council Directive No. 96/26/EC of 29 April 19961 , as amended by Council Directive No. 98/76/EC of 1 October 19982 and Council Directive No. 2004/66/EC of 26 April 20043 .
(1)        Distinctive symbol of the State: (B) Belgium, (CZ) Czech Republic, (DK) Denmark, (D) Germany, (EST) Estonia, (GR) Greece, (E) Spain, (F) France, (IRL) Ireland, (I) Italy, (CY) Cyprus, (LV) Latvia, (LT) Lithuania, (L) Luxembourg, (H) Hungary, (M) Malta, (NL) Netherlands, (A) Austria, (PL) Poland, (P) Portugal, (SLO) Slovenia, (SK) Slovakia, (FIN) Finland, (S) Sweden, (UK) United Kingdom.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The purpose of these Regulations is to give effect, in so far as road transport is concerned, to Council Directive No: 2004/66/EC of 26 April 2004, amending Council Directive No: 96/26/EC of 29 April 1996 as amended by Council Directive No. 98/76/EC of 1 October 1998, on admission to the occupation of road haulage operator and road passenger transport operator and mutual recognition of diplomas, certificates and other evidence of formal qualification intended to facilitate for these operators the right to freedom of establishment in national and international transport operations.
The Regulations clarify that certificates of professional competence issued by other Member States of the European Union, including the ten new Member States who acceded in May 2004, shall be recognised by Ireland as sufficient proof of professional competence for the purposes of the admission to the occupation of road haulage operator and road passenger transport operator, and provides for consequential amendments and corrections to Statutory Instruments dealing with road transport operators.
1 O.J. No. L124, 23.5.96,p.1

2 O.J. No. L277, 14.10.98, p. 17

3 O.J. No. L168, 1.5.2004, p.35

1 O.J. No. L124, 23.5.96,p.1

2 O.J. No. L277, 14.10.98, p. 17

3 O.J. No. L168, 1.5.2004, p.35

1 O.J. No. L124, 23.5.96,p.1

2 O.J. No. L277, 14.10.98, p. 17

3 O.J. No. L168, 1.5.2004, p.35

1 O.J. No. L124, 23.5.96,p.1

2 O.J. No. L277, 14.10.98, p. 17

3 O.J. No. L168, 1.5.2004, p.35

1 O.J. No. L124, 23.5.96,p.1

2 O.J. No. L277, 14.10.98, p. 17

3 O.J. No. L168, 1.5.2004, p.35