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S.I. No. 144/1993 - European Communities (Prohibition of Trade With The Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations, 1993.

S.I. No. 144 of 1993.

EUROPEAN COMMUNITIES (PROHIBITION OF TRADE WITH THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO)) REGULATIONS, 1993.

I, CHARLES McCREEVY, Minister for Tourism and Trade, 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. 990/93 of 26 April 1993(1), hereby make the following Regulations:

(1)O.J. No. L102/14 of 28 April, 1993.

1. These Regulations may be cited as the European Communities (Prohibition of Trade with the Federal Republic of Yugoslavia (Serbia and Montenegro)) Regulations, 1993.

2. In these Regulations the "Council Regulations" means Council Regulation (EEC) No. 990/93 of 26 April, 1993.

3. A person shall not contravene a provision of the Council Regulation.

4. A person who, on or after the 4th day of June, 1993, contravenes Regulation 3 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

5. The Minister for Transport, Energy and Communications shall be the competent authority for the purpose of Articles 8 and 9 of the Council Regulation except in so far as the said Article 8 relates to vessels and the said Article 9 relates to cargoes.

6. (1) The powers conferred on the Minister for Transport, Energy and Communications by Articles 8 and 9 of the Council Regulation as the competent authority for the purposes of those Articles may be exercised by—

( a ) members of the Garda Síochána,

( b ) officers of customs and excise,

( c ) Airport Police, Fire Services Officers of Aer Rianta, Cuideachta Phoibli Theoranta,

( d ) Officers of the Minister for Transport, Energy and Communications duly authorised in writing by the Minister for Transport, Energy and Communications in that behalf.

(2) A person authorised as aforesaid shall, when exercising any power aforesaid, if so requested by any person affected, produce to him his authorisation.

(3) A person shall not obstruct or interfere with a person specified in subparagraph (a), (b) or (c) of paragraph (1) of this Regulation, or a person authorised as aforesaid, in the exercise by him of any power aforesaid.

(4) A person who, on or after the 4th day of June, 1993, contravenes subparagraph (3) of this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

7. Where an offence under Regulation 4 or 6 of 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 have been 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 any such capacity, that person as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

8. The Air Services Authorisation (Amendment) (No. 2) Order, 1992 ( S.I. No. 159 of 1992 ), the European Communities (Prohibition of Trade with the Republics of Serbia and Montenegro) Regulations, 1992 ( S.I. No. 157 of 1992 ), and the European Communities (Prohibition of Trade with the Republic of Serbia and Montenegro) (No. 2) Regulations, 1992 ( S.I. No. 203 of 1992 ) are hereby revoked.

GIVEN under my Official Seal, this 4th day of June, 1993.

CHARLES McCREEVY,

Minister for Tourism and Trade.

EXPLANATORY NOTE.

The effect of this Order is to prohibit trade with the Federal Republic of Yugoslavia (Serbia and Montenegro) as provided for in Council Regulation (EEC) No. 990/93, and to provide for penalties for infringement of the prohibition. It should be noted that the Minister for Transport, Energy, and Communications has imposed restrictions relating to civil aviation matters involving Serbia-Montenegro, and that restrictions on financial transfers have been imposed by the Department of Finance.