Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 7th May, 2010.

I, NOEL DEMPSEY , 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 further effect to Council Directive No. 96/26/EC of 29 April 1996 ¹ as amended by Council Directive No. 2006/103/EC of 20 November 2006 ² , hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Road Transport) (Amendment) Regulations 2010.

2. In these Regulations "Regulations of 2006" means European Communities (Road Transport) (Amendment) Regulations 2006 ( S.I. No. 561 of 2006 ).

3. Regulation 2(1) of the European Communities (Road Passenger Transport) Regulations 1991 ( S.I. No. 59 of 1991 ) are amended-

(a) by substituting for the definition of "certificate of competency" the following:

" 'certificate of competency' means an international or national certificate of competence granted under Regulation 10 or a corresponding certificate issued by another Member State;", and

(b) by substituting for the definition of "the Principal Directive" (inserted by Regulation 3(b) of the Regulation of 2006) the following:

" '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 1998 ³ , Council Directive No. 2004/66/EC of 26 April 2004 ⁴ and Council Directive No. 2006/103/EC of 20 November 2006²;".

4. Regulation 2(1) of the European Communities (Merchandise Road Transport) Regulations 1991 ( S.I. No. 60 of 1991 ) are amended-

(a) by substituting for the definition of "certificate of competency" the following:

" 'certificate of competency' means an international or national certificate of competence granted under Regulation 11(3) or (4) or a corresponding certificate issued by another Member State;", and

(b) by substituting for the definition of "the Principal Directive" (inserted by Regulation 4(b) of the Regulation of 2006) the following:

" 'Principal Directive' means Council Directive No. 96/26/EC of 29 April 1996 ¹ , as amended by Council Directive No. 98/76/EC of 1 October 1998 ³ , Council Directive No. 2004/66/EC of 26 April 2004 ⁴ and Council Directive No. 2006/103/EC of 20 November 2006 ² ;".

5. Regulations 3(b), 4(b) and 7 of, and the Schedule to, the Regulations of 2006 are revoked.

GIVEN under my Official Seal,

30 April 2010.

NOEL DEMPSEY,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations transpose and give effect to paragraph A(3) of the Annex to Council Directive 2006/103/EC of 20 November 2006 adapting certain Directives in the field of transport policy, by reason of the accession of Bulgaria and Romania, in Ireland.

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

2 O.J. No. L363, 20.12.2006, p.344

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

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

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

2 O.J. No. L363, 20.12.2006, p.344

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

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