Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th June, 2023.

I, EAMON RYAN, Minister for the Environment, Climate and Communications, 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 full effect to Articles 1 to 6 of Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015¹ as amended by Regulation (EU) 2018/1971 of the European Parliament and of the Council of 11 December 2018² and Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018³ , hereby make the following regulations:

1. (1) These Regulations may be cited as the European Union (Open Internet Access) (Amendment) Regulations 2023.

(2) These Regulations shall come into operation on 9 June 2023.

2. The European Union (Open Internet Access) Regulations 2019 ( S.I. No. 343 of 2019 ) are amended by -

(a) the substitution of the following Regulation for Regulation 8:

“8. An undertaking shall comply with -

(a) its obligations under Articles 3, 4 and 5 of the EU Regulation, and

(b) a direction under Regulation 4(1) within the period specified in the direction.”,

(b) the substitution of the following Regulation for Regulation 11:

“11. (1) Where the Regulator issues a direction or notification under these Regulations, such direction or notification shall -

(a) be in writing,

(b) state the reasons on which it is based,

(c) be addressed to the undertaking concerned, and

(d) be sent or given as soon as practicable.

(2) Section 60(1) of the Act of 2002 shall apply to a direction issued by the Regulator under these Regulations as if it were a notice referred to in that section.”,

and

(c) the deletion of Regulation 9(4).

GIVEN under my Official Seal,

6 June, 2023.

EAMON RYAN,

Minister for the Environment, Climate and Communications.

1 OJ No. L310, 26.11.2015, p.1

2 OJ No. L321, 17.12.2018, p.1

3 OJ No. L321, 17.12.2018, p.36