S.I. No. 417/2001 - European Communities (Prohibition of the Export of Certain Goods and Services To Afghanistan and Strengthening of the Flight Ban) Regulations, 2001


I, Mary Harney, Minister for Enterprise, Trade and Employment, 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 effect to Council Regulation (EC) No. 467/2001 of 6 March 20011 , hereby make the following Regulations:

1.        These Regulations may be cited as the European Communities (Prohibition of the Export of Certain Goods and Services to Afghanistan and Strengthening of the Flight Ban) Regulations, 2001.

2.        In these Regulations “Council Regulation” means Council Regulation (EC) No. 467/2001.

3.        A person who contravenes Article 4, 5, 6, 7 or 8 of the Council Regulation shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €1,900 (£1,496.37) or imprisonment for a term not exceeding six months or both.

4.        Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or any other person who was acting or purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

5.        An offence under these Regulations for contravening -

(a)  Article 4, 5 and part of Article 8 of the Council Regulation that relates to Article 4 or 5, may be prosecuted by the Minister for Enterprise, Trade and Employment, or

(b)  Article 6, 7 and part of Article 8 of the Council Regulation that relates to Article 6 or 7, may be prosecuted by the Minister for Public Enterprise.

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MARY HARNEY

GIVEN under my Official Seal,

this 10th day of September 2001

Minister for Enterprise, Trade and Employment

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 provide for penalties for infringements of Council Regulation (EC) No. 467 of 2001 in regard to the prohibition of the export to Afghanistan of certain goods and services, and, the strengthening the flight ban.

1 OJ No. L67, 09.03.2001, p.1.