The Gazette 1973

Statutory Instruments relating to European Communities S.I. No. 332 of 1972 LAND ACT 1965 (Additional Categories of Qualified Personi) REGULATIONS 1972 Note The effect of this order is to exclude from the pro- visions of Section 45 of the Land Act 1965 all those who benefit as a result of the European Community Directives mentioned in the Schedule. EUROPEAN COMMUNITIES (Enforcement of Community Judgments) REGULATIONS 1972 S.I. No. 331 of 1972 I, Desmond O'Malley, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations : Citation 1. These Regulations may be cited as the European Communities (Enforcement of Community Judgments) Regulations, 1972. Commencement 2. These Regulations shall come into operation on the 1st day of January, 1973. Interpretation 3. In these Regulations— "Community judgment" means any decision, judgment or order which is enforceable under or in accordance with Article 187 or 192 of the EEC Treaty, Article 18, 159 or 164 of the Euratom Treaty or Article 44 or 92 of the ECSC Treaty; "enforcement order" has the meaning specified in Regulation 4(1) of these Regulations. Making of enforcement orders by Master of the High Court 4(1) The Master of the High Court shall, upon application duly made by the person entitled to enforce a Community judgment, make an order (in these Regulations referred to as an enforcement order) for the enforcement of the Community judgment and shall append the order to it. (2) Where a sum of money is payable under a Com- munity judgment which is to be enforced, the enforce- ment order shall provide that the amount payable shall be such sum in the currency of the State as, on the basis of the rate of exchange prevailing at the date on which the Community judgment was originally given, is equi- valent to the sum payable. (3) Where it appears that a Community judgment under which a sum of money is payable has been partly satisfied at the date of the application for its enforcement, the enforcement order shall be made only in respect of the balance remaining payable at that date. (4) Where, after the date on which an enforcement order has been appended to a Community judgment under which a sum of money is payable, it is shown that at that date the judgment had been partly or wholly satisfied, the Master shall vary or cancel his order accordingly with effect from that date. Effect of enforcement order 5. A Community judgment to which an enforcement

order has been appended shall, for all purposes of execution, be of the same force and effect, and pro- ceedings may be taken on the judgment, and any sum payable under the judgment shall carry interest, as if the judgment had been a judgment or order given or made by the High Court on the date on which the enforce- ment order is appended thereto. Suspension of enforcement of Community judgments 6. An order of the Court of Justice of the European Communities suspending enforcement of a Community judgment shall operate to suspend enforcement of that judgment for the period and on the conditions, if any, stated in the order. Restriction of section 9 of the Enforcement of Court Orders Act, 1940 7. The powers of the Minister for Justice under section 9 of the Enforcement of Court Orders Act, 1940 (No. 23 of 1940), shall not be exercisable in respect of the enforcement of a Community judgment. (T his Section allows the Minister for Justice to release persons from prison for non-payment of money.) Restriction of section 23 of the Criminal Justice Act, 1951 8. Section 23 of the Criminal Justice Act, 1951 (No. 2 of 1951), shall not apply to a Community judgment. (T his section relates to the commutation and remission by the Government or the Minister for Justice of any punishment, forfeiture or disqualification.) Given under my Official Seal, this 21st day of Decem- ber, 1972. Desmond O'Malley, Minister for Justice (Obtainable from Government Publications Sale Office, Dublin 1, for 2£p plus postage.) European Communities (Judicial Notice and Documentary Evidence) Regulations, 1972 S.I. No. 341 of 1972 I, Desmond O'Malley, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations : 1. These Regulations may be cited as the European Communities (Judicial Notice and Documentary Evi- dence) Regulations, 1972. 2. These Regulations shall come into operation on the 1st day of January, 1973. 3. In these Regulations— "the European Court" means the Court of Justice of the European Communities; "The Official Journal" means the Official Journal of the European Communities; "the Official Publications Office" means L'Office des publications officielles des Communautés Européennes; "the Treaties" means the treaties governing the Euro- pean Communities. 4. Judicial notice shall be taken of the Treaties, of the Official Journal and of any decision of, or ex- pression of opinion by, the European Court on any question in respect of which that Court has jurisdiction. 5. Prima facie evidence of the Treaties may be given in all courts and in all legal proceedings by the produc- tion of a copy printed under the superintendence or 37