S.I. No. 727/2011 - European Communities (Restrictive Measures) (Democratic People's Republic of Korea) (Amendment) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th January, 2012.

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. 329/2007 of 27 March 20071 as amended by Commission Regulation (EC) No. 117/2008 of 28 January 20082 , Commission Regulation (EC) No. 389/2009 of 12 May 20093 , Commission Regulation (EC) No. 689/2009 of 29 July 20094 , Council Regulation (EU) No. 1283/2009 of 22 December 20095 , Council Regulation (EU) No. 567/2010 of 29 June 20106 and Commission Regulation (EU) No. 1251/2010 of 22 December 20107 hereby make the following regulations:

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

2. In these Regulations “Principal Regulations” means the European Communities (Restrictive Measures) (Democratic People’s Republic of Korea) Regulation 2007 ( S.I. No. 254 of 2007 ).

3. The Principal Regulations are amended by substituting the following Regulation for Regulation 2:

“2. In these Regulations ‘Council Regulation’ means Council Regulation (EC) No. 329/2007 of 27 March 20071, as amended by Commission Regulation (EC) No. 117/2008 of 28 January 20082, Commission Regulation (EC) No. 389/2009 of 12 May 20093, Regulation (EC) No. 689/2009 of 29 July 20094, Council Regulation (EU) No. 1283/2009 of 22 December 20095, Council Regulation (EU) No. 567/2010 of 29 June 20106 and Commission Regulation (EU) No. 1251/2010 of 22 December 2010.”.

4. Regulation 2A of the Principal Regulations is amended by substituting the following paragraph for paragraph (1):

“(1) A person who contravenes—

(a) Article 2(1)(a), 2(1)(b) or 2(3),

(b) Article 3(1)(a) or 3(1)(c),

(c) Article 3(1)(e) in so far as it relates to Article 3(1)(a) or 3(1)(c), or

(d) Article 4(a) or 4(b),

is guilty of an offence.”.

5. The Principal Regulations are amended by substituting 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,

5 December 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 S.I. No. 254 of 2007 , which provides for certain restrictive measures in respect of certain items, materials, equipment, goods and technology, that could contribute to the Democratic People’s Republic of Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missiles-related programmes.

1 OJ No. L88, 29.3.2007, p. 1.

2 OJ No. L35, 9.2.2008, p. 57.

3 OJ No. L118, 13.5.2009, p 78.

4 OJ No. L199, 31.7.2009. p. 3.

5 OJ No. L346, 23.12.2009, p. 1.

6 OJ No. L163, 30.6.2010, p. 15.

7 OJ No. L341, 23.12.2010, p. 15.