S.I. No. 460/2010 - European Communities (Restrictive Measures) (Burma/Myanmar) (Amendment) Regulations 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st October, 2010.

I, BATT O’KEEFFE, Minister for Enterprise, Trade 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. 194/2008 of 25 February 20081 , as amended by Council Regulation (EU) No. 408/2010 of 11 May 20102 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Restrictive Measures) (Burma/Myanmar) (Amendment) Regulations 2010.

2. The European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2009 ( S.I. No. 181 of 2009 ) are amended by—

(a) the substitution of the following paragraph for paragraph (1) of Regulation 2:

“(1) In these Regulations “Council Regulation” means Council Regulation (EC) No. 194/2008 of 25 February 20081, as amended by Commission Regulation (EC) No. 385/2008 of 29 April 20083 and the Corrigendum to that Regulation4 , as amended by Council Regulation (EU) No. 408/2010 of 11 May 20102.”,

(b) the substitution of the following Regulation for Regulation 3:

“3.(1) Subject to paragraph (2), a person who contravenes Article 2 of the Council Regulation commits an offence.

(2) Paragraph (1) shall not apply where an authorisation referred to in Article 2(5) of the Council Regulation has been granted in respect of Article 2(2)(b) of the Council Regulation and the person to whom it is granted complies with the authorisation and the terms and conditions of it.”,

and

(c) the substitution of “12 months” for “6 months” in paragraph (a) of Regulation 11.

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GIVEN under my Official Seal,

16 September 2010.

BATT O’KEEFFE,

Minister for Enterprise, Trade and Innovation.

EXPLANATORY NOTE

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

The effect of this Order is to amend the Statutory Instrument that provided for penalties for infringements of Council Regulation (EC) No. 194/2008. The amendments provide an exemption for certain humanitarian purposes.

1 OJ L 66, 10.3.2008, p.1.

2 OJ L 118, 12.5.2010, p.5.

3 OJ L 116, 30.4.2008, p.5.

4 OJ L 198, 26.7.2008, p.74.