S.I. No. 315/2015 - European Union (Restrictive Measures concerning Ukraine) (No. 2) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 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. 2) 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) Regulations 2015 ( S.I. No. 78 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

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

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

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

Part 2

Council Regulation (EU) No. 269/2014

1. Council Implementing Regulation (EU) No. 284/2014 of 21 March 20149

2. Council Implementing Regulation (EU) No. 433/2014 of 28 April 201410

3. Council Regulation (EU) No. 476/2014 of 12 May 201411

4. Council Implementing Regulation (EU) No. 477/2014 of 12 May 201412

5. Council Implementing Regulation (EU) No. 577/2014 of 28 May 201413

6. Council Implementing Regulation (EU) No. 753/2014 of 11 July 201414

7. Council Regulation (EU) No. 783/2014 of 18 July 201415

8. Council Implementing Regulation (EU) No. 810/2014 of 25 July 201416

9. Council Regulation (EU) No. 811/2014 of 25 July 201417

10. Council Implementing Regulation (EU) No. 826/2014 of 30 July 201418

11. Council Regulation (EU) No. 959/2014 of 8 September 201419

12. Council Implementing Regulation (EU) No. 961/2014 of 8 September 201420

13. Council Implementing Regulation (EU) No. 1225/2014 of 17 November 201421

14. Council Implementing Regulation (EU) No. 1270/2014 of 28 November 201422

15. Council Implementing Regulation (EU) No. 2015/240 of 9 February 201523

16. Council Implementing Regulation (EU) No. 2015/427 of 13 March 201524

Part 3

Council Regulation (EU) No. 692/2014

1. Council Regulation (EU) No. 825/2014 of 30 July 201425

2. Council Regulation (EU) No. 1351/2014 of 18 December 201426

Part 4

Council Regulation (EU) No. 833/2014

1. Council Regulation (EU) No. 960/2014 of 8 September 201427

2. Council Regulation (EU) No. 1290/2014 of 4 December 201428

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,

17 July 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 the enforcement of restrictive measures contained inCouncil 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 directions for the purpose of giving full effect to the sanctions.

The Regulations create offences for breach of the Council Regulations or for failure to comply with the directions 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. 86, 21.3.2014, p. 27

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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