S.I. No. 481/2015 - European Union (Restrictive Measures concerning Ukraine) (No. 3) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th November, 2015.

I, MICHAEL NOONAN, Minister for Finance, 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 (EU) No. 208/2014 of 5 March 20141 as amended, Council Regulation (EU) No. 269/2014 of 17 March 20142 as amended, Council Regulation (EU) No. 692/2014 of 23 June 20143 as amended and Council Regulation (EU) No. 833/2014 of 31 July 20144 as amended hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Ukraine) (No. 3) Regulations 2015.

2. (1) In these Regulations—

“Council Regulation (EU) No. 208/2014” means Council Regulation (EU) No. 208/2014 of 5 March 20141 as amended by the European acts specified in Part 1 of Schedule 1;

“Council Regulation (EU) No. 269/2014” means Council Regulation (EU) No. 269/2014 of 17 March 20142 as amended by the European acts specified in Part 2 of Schedule 1;

“Council Regulation (EU) No. 692/2014” means Council Regulation (EU) No. 692/2014 of 23 June 20143 as amended by the European acts specified in Part 3 of Schedule 1;

“Council Regulation (EU) No. 833/2014” means Council Regulation (EU) No. 833/2014 of 31 July 20144 as amended by the European acts specified in Part 4 of Schedule 1;

“Council Regulations” means Council Regulation (EU) No. 208/2014, Council Regulation (EU) No. 269/2014, Council Regulation (EU) No. 692/2014 and Council Regulation (EU) No. 833/2014;

“European act” means an act adopted by an institution of the European Union or an institution of the European Communities.

(2) A word or expression which is used in these Regulations and which is also used in the Council Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulations.

3. A person who contravenes a provision of the Council Regulations specified in Schedule 2 commits an offence.

4. Notwithstanding Regulation 3, a person who has received an authorisation under Article 4, 5 or 6 of Council Regulation 208/2014, or Article 4, 5 or 6 of Council Regulation 269/2014, or Article 2e of Council Regulation 692/2014, or Article 2, 3 or 4 of Council Regulation 833/2014, may, subject to compliance with the terms and conditions of such authorisation, do such of the things as are so authorised.

5. (1) A person who is guilty of an offence under Regulation 3 shall be liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or both.

6. Any competent authority, following such consultation as it considers necessary with the other competent authorities, for the purposes of the administration and enforcement of the Council Regulations or these Regulations, may give in writing such directions to a person as it sees fit.

7. A person who fails to comply with a direction given under Regulation 6 within the time specified in the direction shall be guilty of an offence and shall be liable on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both.

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

9. The European Union (Restrictive Measures concerning Ukraine) (No. 2) Regulations 2015 ( S.I. No. 315 of 2015 ) are revoked.

Schedule 1

Regulation 2

Part 1

Council Regulation (EU) No. 208/2014

1. Commission Implementing Regulation (EU) No. 381/2014 of 14 April 20145

5 OJ No. L 111, 15.4.2014, p. 33

2. Council Regulation (EU) No. 2015/138 of 29 January 20156

6 OJ No. L 24, 30.1.2015, p. 1

3. Council Implementing Regulation (EU) No. 2015/357 of 5 March 20157

7 OJ No. L 62, 6.3.2015, p. 1

4. Council Implementing Regulation (EU) No. 2015/869 of 5 June 20158

8 OJ No. L 142, 6.6.2015, p. 1

5. Council Implementing Regulation (EU) No. 2015/1777 of 5 October 20159

9 OJ No. L 259, 6.10.2015, p. 3

Part 2

Council Regulation (EU) No. 269/2014

1. Council Implementing Regulation (EU) No. 284/2014 of 21 March 201410

10 OJ No. L 86, 21.3.2014, p. 27

2. Council Implementing Regulation (EU) No. 433/2014 of 28 April 201411

11 OJ No. L 126, 29.4.2014, p. 48

3. Council Regulation (EU) No. 476/2014 of 12 May 201412

12 OJ No. L 137, 12.5.2014, p. 1

4. Council Implementing Regulation (EU) No. 477/2014 of 12 May 201413

13 OJ No. L 137, 12.5.2014, p. 3

5. Council Implementing Regulation (EU) No. 577/2014 of 28 May 201414

14 OJ No. L 160, 29.5.2014, p. 7

6. Council Implementing Regulation (EU) No. 753/2014 of 11 July 201415

15 OJ No. L 205, 12.7.2014, p. 7

7. Council Regulation (EU) No. 783/2014 of 18 July 201416

16 OJ No. L 214, 19.7.2014, p. 2

8. Council Implementing Regulation (EU) No. 810/2014 of 25 July 201417

17 OJ No. L 221, 25.7.2014, p. 1

9. Council Regulation (EU) No. 811/2014 of 25 July 201418

18 OJ No. L 221, 25.7.2014, p. 11

10. Council Implementing Regulation (EU) No. 826/2014 of 30 July 201419

19 OJ No. L 226, 30.7.2014, p. 16

11. Council Regulation (EU) No. 959/2014 of 8 September 201420

20 OJ No. L 271, 12.9.2014, p. 1

12. Council Implementing Regulation (EU) No. 961/2014 of 8 September 201421

21 OJ No. L 271, 12.9.2014, p. 8

13. Council Implementing Regulation (EU) No. 1225/2014 of 17 November 201422

22 OJ No. L 331, 18.11.2014, p. 1

14. Council Implementing Regulation (EU) No. 1270/2014 of 28 November 201423

23 OJ No. L 344, 29.11.2014, p. 5

15. Council Implementing Regulation (EU) No. 2015/240 of 9 February 201524

24 OJ No. L 40, 16.2.2015, p. 7

16. Council Implementing Regulation (EU) No. 2015/427 of 13 March 201525

25 OJ No. L 70, 14.3.2015, p. 1

17. Council Implementing Regulation (EU) No. 2015/1514 of 14 September 201526

26 OJ No. L 239, 15.9.2015, p. 30

Part 3

Council Regulation (EU) No. 692/2014

1. Council Regulation (EU) No. 825/2014 of 30 July 201427

27 OJ No. L 226, 30.7.2014, p. 2

2. Council Regulation (EU) No. 1351/2014 of 18 December 201428

28 OJ No. L 365, 19.12.2014, p. 46

Part 4

Council Regulation (EU) No. 833/2014

1. Council Regulation (EU) No. 960/2014 of 8 September 201429

29 OJ No. L 271, 12.9.2014, p. 3

2. Council Regulation (EU) No. 1290/2014 of 4 December 201430

30 OJ No. L 349, 5.12.2014, p. 20

3. Council Regulation (EU) No. 2015/1797 of 7 October 201531

31 OJ No. L 263, 8.10.2015, p. 10

Schedule 2

Regulation 3

Part 1

Provision of Council Regulation (EU) No. 208/2014

Article 2

Article 8(1)

Article 9

Part 2

Provision of Council Regulation (EU) No. 269/2014

Article 2

Article 8(1)

Article 9

Part 3

Provision of Council Regulation (EU) No. 692/2014

Article 2

Article 2a(1)

Article 2b(1) or (2)

Article 2c(1) or (3)

Article 2d(1) or (2)

Article 4

Part 4

Provision of Council Regulation (EU) No. 833/2014

Article 2(1)

Article 2a(1) or (2)

Article 3a(1)

Article 4(1)

Article 5

Article 12

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GIVEN under my Official Seal,

2 November 2015.

MICHAEL NOONAN,

Minister for Finance.

EXPLANATORY NOTE

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

These Regulations provide for enforcement of restrictive measures contained in Council Regulation (EU) No 208/2014 as amended, Council Regulation (EU) No. 269/2014 as amended, Council Regulation (EU) No. 692/2014 as amended and Council Regulation (EU) No. 833/2014, as amended, regarding restrictive measures concerning Ukraine.

The Regulations provide that competent authorities of the State may issue instructions for the purpose of giving full effect to the sanctions.

It creates offences for breach of the Council Regulations or for failure to comply with the instructions of competent authorities of the State with regard to implementation of the sanctions and provides for appropriate penalties.

1 OJ No. L 66, 6.3.2014, p. 1

2 OJ No. L 78, 17.3.2014, p. 6

3 OJ No. L 183, 24.6.2014, p. 9

4 OJ No. L 229, 31.7.2014, p. 1

5 OJ No. L 111, 15.4.2014, p. 33

6 OJ No. L 24, 30.1.2015, p. 1

7 OJ No. L 62, 6.3.2015, p. 1

8 OJ No. L 142, 6.6.2015, p. 1

9 OJ No. L 259, 6.10.2015, p. 3

10 OJ No. L 86, 21.3.2014, p. 27

11 OJ No. L 126, 29.4.2014, p. 48

12 OJ No. L 137, 12.5.2014, p. 1

13 OJ No. L 137, 12.5.2014, p. 3

14 OJ No. L 160, 29.5.2014, p. 7

15 OJ No. L 205, 12.7.2014, p. 7

16 OJ No. L 214, 19.7.2014, p. 2

17 OJ No. L 221, 25.7.2014, p. 1

18 OJ No. L 221, 25.7.2014, p. 11

19 OJ No. L 226, 30.7.2014, p. 16

20 OJ No. L 271, 12.9.2014, p. 1

21 OJ No. L 271, 12.9.2014, p. 8

22 OJ No. L 331, 18.11.2014, p. 1

23 OJ No. L 344, 29.11.2014, p. 5

24 OJ No. L 40, 16.2.2015, p. 7

25 OJ No. L 70, 14.3.2015, p. 1

26 OJ No. L 239, 15.9.2015, p. 30

27 OJ No. L 226, 30.7.2014, p. 2

28 OJ No. L 365, 19.12.2014, p. 46

29 OJ No. L 271, 12.9.2014, p. 3

30 OJ No. L 349, 5.12.2014, p. 20

31 OJ No. L 263, 8.10.2015, p. 10