S.I. No. 262/1990 - European Communities (Trade With Iraq and Kuwait) (No. 2) Regulations, 1990.


S.I. No. 262 of 1990.

EUROPEAN COMMUNITIES (TRADE WITH IRAQ AND KUWAIT) (NO. 2) REGULATIONS, 1990.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 Council Regulation (EEC) No. 3155/90 of 29 October, 1990,(1) hereby make the following Regulations:

(1)O.J. No. L 304, 1.11.1990. p.1.

1. These Regulations may be cited as the European Communities (Trade with Iraq and Kuwait) (No. 2) Regulations, 1990.

2. In these Regulations—

"the Council Regulation" means Council Regulation (EEC) No. 3155/90 of 29 October, 1990;

"the Minister" means the Minister for Industry and Commerce.

3. A person shall not contravene Article 1 of the Council Regulation.

4. (1) ( a ) The Minister may grant a licence authorising the exportation from the State to Iraq or Kuwait of a product listed in the Annex (inserted by the Council Regulation) to Council Regulation (EEC) No. 2340/90 of 8 August, 1990.(2)

(2)O.J. No. L 213, 9.8.1990, p.1.

( b ) A licence under this Regulation shall be subject to such conditions (if any) as the Minister considers appropriate and specifies in the licence.

( c ) The Minister may revoke a licence under this Regulation.

(2) The Minister shall not grant a licence under this Regulation in respect of the products listed under heading B of the Annex aforesaid unless the consignment concerned is being supplied free of charge.

(3) A person who applies to the Minister for the grant of a licence under this Regulation shall on the request of the Minister furnish such information to the Minister as he may reasonably require for the purposes of his functions under these Regulations.

5. Without prejudice to any statutory provision, a person who contravenes Regulation 3 of these Regulations or who, in relation to an application for a licence under Regulation 4 of these Regulations, furnishes information to the Minister that is to his knowledge false or misleading shall be guilty of an offence.

6. A person guilty of an offence under these Regulations shall be liable on summary conviction to—

( a ) imprisonment for a term not exceeding 2 years, or

( b ) a fine not exceeding £1,000,

or both.

7. The European Communities (Trade with Iraq and Kuwait) Regulations, 1990 ( S.I. No. 215 of 1990 ) are hereby amended by the insertion in Regulation 2 after "1990" of ", as amended by Council Regulation (EEC) No. 3155/90 of 29 October, 1990".

GIVEN under my Official Seal, this 9th day of November, 1990.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

EXPLANATORY NOTE.

The purpose of these Regulations is to give full effect to Council Regulation (EEC) No. 3155/90 of 29 October, 1990 which extended and amended Council Regulation (EEC) No. 2340/90 of 8 August, 1990 on the prohibition of trade with Iraq and Kuwait. The Instrument provides for penalties for infringements and establishes a licensing system for the export to Iraq and Kuwait of specified medical products and of foodstuffs intended for humanitarian purposes as part of emergency aid operations.