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European Communities and Swiss Confederation Act, 2001

In short

This law gives legal force in the State to several agreements made in 1999 between the European Community (and its Member States) and the Swiss Confederation, primarily concerning the free movement of persons and other areas of cooperation. It also amends the European Communities Act, 1972, to incorporate these agreements into the State's legal framework.

What it regulates

  • The legal force of the Agreement on the Free Movement of Persons between the European Community and its Member States and the Swiss Confederation.
  • The legal force of several other agreements between the European Community and the Swiss Confederation, including those on Air Transport, Carriage of Goods and Passengers by Rail and Road, Trade in Agricultural Products, Mutual Recognition in Relation to Conformity Assessment, and Certain Aspects of Government Procurement.
  • The legal force of the Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation.
  • The amendment of the European Communities Act, 1972, to ensure these agreements have the force of law in the State.

Who it concerns

  • The European Community and its Member States.
  • The Swiss Confederation.

Key points

  • The Act gives the force of law to seven specific agreements, all done at Luxembourg on the 21st day of June, 1999.
  • Section 2 amends the European Communities Act, 1972, to ensure the provisions of these Agreements and acts adopted under them are binding and part of the State's legal order.
  • Existing regulations and enactments implementing European Communities obligations are to be construed as adapted by these Agreements, where practicable.
  • References to Member States of the European Communities or persons affected by the treaties should include the Swiss Confederation and persons affected by these Agreements, where necessary.
Legal text
Legal text

European Communities and Swiss Confederation Act, 2001 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2001 European Communities and Swiss Confederation Act, 2001 European Communities and Swiss Confederation Act, 2001 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 41 of 2001 EUROPEAN COMMUNITIES AND SWISS CONFEDERATION ACT, 2001 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Amendment of section 2 of Act of 1972. 3. Adaptations to take account of Agreements. 4. Short title, collective citation, construction and commencement. Acts Referred to European Communities Act, 1972 1972, No. 27 European Communities Acts, 1972 to 1998 Number 41 of 2001 EUROPEAN COMMUNITIES AND SWISS CONFEDERATION ACT, 2001 AN ACT TO GIVE THE FORCE OF LAW TO THE AGREEMENT BETWEEN THE EUROPEAN COMMUNITY AND ITS MEMBER STATES OF THE ONE PART AND THE SWISS CONFEDERATION OF THE OTHER, ON THE FREE MOVEMENT OF PERSONS, DONE AT LUXEMBOURG ON THE 21st DAY OF JUNE, 1999, AND TO CERTAIN AGREEMENTS BETWEEN THE EUROPEAN COMMUNITY AND THE SWISS CONFEDERATION AND AN AGREEMENT BETWEEN THE EUROPEAN COMMUNITIES AND THE SWISS CONFEDERATION; FOR THAT PURPOSE TO AMEND THE EUROPEAN COMMUNITIES ACT, 1972; AND TO PROVIDE FOR RELATED MATTERS. [1st December, 2001] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—

(1)In this Act— “the Act of 1972” means the European Communities Act, 1972 ; “the Agreements” means— (
  1. a)the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons, done at Luxembourg on the 21st day of June, 1999, (
  2. b)the Agreement between the European Community and the Swiss Confederation on Air Transport, done at Luxembourg on the 21st day of June, 1999, (
  3. c)the Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road, done at Luxembourg on the 21st day of June, 1999, (
  4. d)the Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products, done at Luxembourg on the 21st day of June, 1999, (
  5. e)the Agreement between the European Community and the Swiss Confederation on Mutual Recognition in Relation to Conformity Assessment, done at Luxembourg on the 21st day of June, 1999, (
  6. f)the Agreement between the European Community and the Swiss Confederation on Certain Aspects of Government Procurement, done at Luxembourg on the 21st day of June, 1999, and (
  7. g)the Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation, done at Luxembourg on the 21st day of June, 1999.
(2)In this Act, a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act. Amendment of section 2 of Act of 1972. 2.—Section 2 of the Act of 1972 is hereby amended by the insertion of the following subsection after subsection
(2): “
(3)Without prejudice to subsection
(1)of this section, from the coming into force of the Agreements (within the meaning of the European Communities and Swiss Confederation Act, 2001), the provisions of those Agreements and the acts to be adopted by the institutions established by those Agreements which, pursuant to the treaties governing the European Communities, will be binding on the State and an integral part of the legal order of those Communities, shall have the force of law in the State on the conditions laid down in those treaties and in those Agreements.”. Adaptations to take account of Agreements. 3.—
(1)Without prejudice to the future exercise of the powers conferred by section 3 of the Act of 1972, any regulations made under the said section 3 which are in force immediately before the coming into operation of section 2 of this Act, and any enactment, or instrument made under an enactment, which implements obligations of the State under the treaties governing the European Communities, shall, as far as practicable, be construed as if, on the coming into operation of section 2 of this Act, they were adapted as required by or under the Agreements.
(2)Without prejudice to the generality of subsection
(1)of this section, in any regulations made under section 3 of the Act of 1972, and in any enactment, or instrument made under an enactment, any reference to the Member States of the European Communities or to any person who is affected by the treaties governing those Communities shall, in so far as may be necessary to give effect to the obligations of the State pursuant to the Agreements, be construed as including a reference to the Swiss Confederation and any person who is affected by the Agreements. Short title, collective citation, construction and commencement. 4.—
(1)This Act may be cited as the European Communities and Swiss Confederation Act, 2001.
(2)The European Communities Acts, 1972 to 1998, and this Act may be cited together as the European Communities Acts, 1972 to 2001, and shall be construed together as one Act.
(3)This Act shall come into operation on such day as the Minister for Foreign Affairs may appoint by order. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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