PART II

Amendments to Principal Act consequent on 1989 Accession Convention

3. —Section 1 of the Principal Act is hereby amended—

(a) in subsection (1), by the substitution of the following definitions for the definitions of “Contracting State” and “the Conventions”:

“‘the 1989 Accession Convention’ means the Convention on the accession to the 1968 Convention and the 1971 Protocol (as amended in each case by the 1978 Accession Convention and the 1982 Accession Convention) of the Kingdom of Spain and the Portuguese Republic signed at San Sebastián on the 26th day of May, 1989;”,

“‘Contracting State’ means—

(a) one of the original parties to the 1968 Convention (Belgium, the Federal Republic of Germany, France, Italy, Luxembourg and the Netherlands), or

(b) one of the parties acceding to the 1968 Convention under the 1978 Accession Convention, the 1982 Accession Convention or the 1989 Accession Convention (the State, Denmark, the United Kingdom, the Hellenic Republic, Spain and the Portuguese Republic),

being a state in respect of which, as may be appropriate, the 1978 Accession Convention has entered into force in accordance with Article 39 of that Convention or the 1982 Accession Convention has entered into force in accordance with Article 15 of that Convention or the 1989 Accession Convention has entered into force in accordance with Article 32 of that Convention;”,

“‘the Conventions’ means the 1968 Convention, the 1971 Protocol, the 1978 Accession Convention, the 1982 Accession Convention and the 1989 Accession Convention;”,

(b) by the substitution of the following subsection for subsection (3):

“(3) In this Act, unless the context otherwise requires—

(a) references to, or to any provision of, the 1968 Convention or the 1971 Protocol are references to the 1968 Convention, the 1971 Protocol or the provision, as the case may be, as amended by—

(i) the 1978 Accession Convention,

(ii) the 1982 Accession Convention, and

(iii) the 1989 Accession Convention in so far as it is in force between the State and a state in respect of which the aforesaid Convention has entered into force in accordance with Article 32 thereof,

(b) any reference to a numbered Article is a reference to the Article so numbered of the 1968 Convention and any reference to a subdivision of a numbered Article shall be construed accordingly.”,

and

(c) in subsection (4), by the deletion of “Article 60 or” in each place where it occurs.

4. —Section 4 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The following reports (which are reproduced in the Official Journal of the European Communities), namely—

(a) the reports by Mr. P. Jenard on the 1968 Convention and the 1971 Protocol¹ ,

(b) the report by Professor Peter Schlosser on the 1978 Accession Convention² ,

(c) the report by Professor Demetrios Evrigenis and Professor K. D. Kerameus on the accession of the Hellenic Republic to the 1968 Convention and the 1971 Protocol³ , and

(d) the report by Mr. Almeida Cruz, Mr. Desantes Real and Mr. P. Jenard on the 1989 Accession Convention⁴ ,

may be considered by any court when interpreting any provision of the Conventions and shall be given such weight as is appropriate in the circumstances.”.

5. —Section 14 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1):

“(1) Subject to Title II of the 1968 Convention, the jurisdiction of the Circuit Court as respects proceedings that may be instituted in the State by virtue of Article 2, 8.1, 11, 14 or 16 (1) (b) shall, where, apart from this subsection, that jurisdiction would be determined by reference to the place where the defendant or one of the defendants resides or carries on business, be exercised by the judge of the Circuit Court for the time being assigned to the circuit where the defendant or one of the defendants ordinarily resides or carries on any profession, business or occupation.”.

6. —(1) For convenience of reference there are set out in the First , Second , Third , Fourth and Fifth Schedules , respectively, to this Act:

(a) the 1968 Convention, as amended by Titles II and III of the 1978 Accession Convention, Titles II and III of the 1982 Accession Convention and Titles II and III of and Annex I to the 1989 Accession Convention,

(b) the 1971 Protocol, as amended by Title IV of the 1978 Accession Convention, Title IV of the 1982 Accession Convention and Title IV of the 1989 Accession Convention,

(c) Titles V and VI of the 1978 Accession Convention, as amended by the 1989 Accession Convention,

(d) Titles V and VI of the 1982 Accession Convention,

(e) Titles VI and VII of the 1989 Accession Convention,

being texts prepared from the authentic texts in the English language referred to in Articles 37 and 41 of the 1978 Accession Convention, Article 17 of the 1982 Accession Convention and Article 34 of the 1989 Accession Convention.

(2) Section 3 (2) of, and the First, Second, Third and Fourth Schedules to, the Principal Act are hereby repealed.

OJ No. C 59 of 5.3.1979, p.l.

OJ No. C 59 of 5.3.1979, p. 71.

OJ No. C 298 of 24.11.1986, p. 1.

OJ No. C 189 of 28.7.1990, p. 35.