S.I. No. 413/2011 - European Communities (Restrictive Measures) (Democratic Republic of Congo) (Amendment) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th August, 2011.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, 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 further effect to Council Regulation (EC) No. 666/2008 of 15 July 20081 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Restrictive Measures) (Democratic Republic of Congo) (Amendment) Regulations 2011.

2. In these Regulations “Regulations of 2008” means the European Communities (Restrictive Measures) (Democratic Republic of Congo) (Amendment) Regulations 2008 ( S.I. No. 33 of 2008 ).

3. The European Communities (Restrictive Measures) (Democratic Republic of Congo) Regulations 2005 ( S.I. No. 800 of 2005 ) are amended by—

(a) the substitution of the following Regulation for Regulation 2 (inserted by Regulation 2 of the Regulations of 2008):

“2.In these Regulations ‘Council Regulation’ means Council Regulation (EC) No. 889/2005 of 13 June 20052 (amended by Council Regulation (EC) No. 1791/2006 of 20 November 20063 , Council Regulation (EC) No. 1377/2007 of 26 November 20074 and Council Regulation (EC) No. 666/2008 of 15 July 2008).”,

(b) the substitution of the following Regulation for Regulation 2A (inserted by Regulation 2 of the Regulations of 2008):

“2A.A person who, other than in accordance with an authorisation under Article 3 (inserted by Article 2 of Council Regulation (EC) No. 666/2008 of 15 July 2008) of the Council Regulation, commits any act that is prohibited by Article 2 (inserted by Article 1 of Council Regulation (EC) No. 666/2008 of 15 July 2008) of the Council Regulation shall be guilty of an offence.”,

(c) the deletion of Regulation 2B (inserted by Regulation 2 of the Regulations of 2008),

(d) the substitution, in paragraph (a) of Regulation 2C (inserted by Regulation 2 of the Regulations of 2008), of “12” for “6”, and

(e) the substitution of the following Regulation for Regulation 4:

“4.Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister for Jobs, Enterprise and Innovation.”.

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GIVEN under my Official Seal

3 August 2011.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

The effect of these Regulations is to amend the Statutory Instrument that provided for penalties for infringements of Council Regulation (EC) 889/2005. The Amendments modify the scope of the restrictive measures on certain technical assistance.

1 OJ L 188, 16.7.2008, p.1.

2 OJ L 152, 15.6.2005, p.1.

3 OJ L 363, 20.12.2006, p.1.

4 OJ L 309, 27.11.2007, p.1.