S.I. No. 335 of 2002

European Communities (Cross Border Payments in Euro) Regulations 2002

S.I. No. 335 of 2002

European Communities (Cross Border Payments in Euro) Regulations 2002

I, Charlie McCreevy, Minister for Finance, 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 to Regulation (EC) No. 2560/2001 of the European Parliament and of the Council of 19 December 2001¹ , hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Cross Border Payments in Euro) Regulations 2002.

2.         (1)       In these Regulations -

“Director” means the Director of Consumer Affairs;

“Parliament and Council Regulation” means Regulation (EC) No. 2560/2001 of the European Parliament and of the Council of 19 December 2001¹ ;

“records” means records relating to charges levied by the institution.

(2)       A word or expression which is used in these Regulations and which is also used in the Parliament and Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Parliament and Council Regulation.

3.         (1)       The Director may appoint such and so many persons he or she thinks fit to be authorised officers for the purposes of these Regulations, and may revoke any such appointment.

(2)       An authorised officer appointed under section 7 of the Consumer Credit Act 1995 ( No. 24 of 1995 ) shall be deemed to be an authorised officer for the purposes of these Regulations.

(3)       Every such authorised officer shall be furnished with a warrant of his or her appointment and, when exercising a power conferred on an authorised officer under this Regulation, the authorised officer shall, on being so requested by a person affected, produce the warrant or a copy of it to that person.

(4)       An authorised officer may, for the purposes of obtaining any information in respect of, and of ascertaining whether the Parliament and Council Regulation is being complied with, do any or all of the following:

(a)      at all reasonable times, enter the premises of any institution and search and inspect the premises and any records relating to the charges levied by the institution which are on the premises,

(b)     secure for later inspection any premises or any part of a premises in which records are kept or there are reasonable grounds for believing that records are kept,

(c)      require any person employed by or connected with an institution to produce to him or her records and in the case of information in a non-legible form to reproduce it in a legible form or to give to him or her such information as the officer may reasonably require in relation to any entries in records,

(d)     summon, at any reasonable time, any such person and require that person to give to the officer any information which the officer may reasonably require in regard to the institution and to produce to the officer records which are in that person's power or control,

(e)      require any person by or on whose behalf data equipment is or has been used or any person having charge of, or otherwise concerned with the operation of, the data equipment or any associated apparatus or material, to afford the officer all reasonable assistance in relation to its use,

(f)       inspect and take copies of or extracts from any records (including in the case of information in a non-legible form a copy of or extract from such information in a permanent legible form),

(g)      remove and retain records for such period as may be reasonable for further examination.

4.        A person who -

(a)      obstructs or interferes with an authorised officer in the exercise of his or her powers under Regulation 3 of these Regulations, or

(b)      fails to give the officer adequate information to enable him or her to ensure that the Parliament and Council Regulation is being complied with, or in that regard gives false or misleading information,

is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

5.         (1)       The Director may, for the purposes of Article 4 of the Parliament and Council Regulation, give a direction to an institution in relation to information on charges levied for cross-border payments and for payments effected within the State requiring -

(a)      that such information is in a comprehensible form, and

(b)      that such reasonable steps, as are specified by the Director, are taken by the institution to ensure that such information is communicated to the customers of the institution.

(2)       Where an institution fails to comply with a direction under this Regulation, the Director may apply to the High Court for an order to direct compliance subject to any modifications the Court may decide to make to the order.

6.         An institution who fails to comply with the Parliament and Council Regulation is guilty of an offence and is liable on summary conviction to a fine not exceeding €3,000.

7.         An offence under these Regulations may be prosecuted by the Director.

EXPLANATORY NOTE

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

These regulations provide for appropriate penalties for failure to comply with Regulation (EC) No. 2560/2001 of the European Parliament and of the Council of 19 December 2001 on cross border transfers in euro, and for an enforcement procedure. They provide for a penalty of up to €3000 for any offence, and make the Director of Consumer Affairs the appropriate enforcement agency.

¹ OJ No. L 344, 28.12.2001, p.13

¹ OJ No. L 344, 28.12.2001, p.13