3. (1) Functions conferred on the Minister or the Agency under this Act shall be performed by the Minister and, as the case may be, the Agency in compliance with—

(a) an enactment or rule of law,

(b) a provision of the treaties governing the European Union, or

(c) an act adopted by an institution of the European Union, an institution of the European Communities or any other body competent under those treaties,

relating to State aid.

(2) In subsection (1) —

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“European Communities” has the same meaning as it has in the Act of 1972;

“European Union” has the same meaning as it has in the Act of 1972;

“treaties governing the European Union” has the same meaning as it has in the Act of 1972.