S.I. No. 130 of 2006

European Communities (Trade with Iraq) Regulations 2006

I, Micheál Martin, 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. 1210/2003 of 7 July 2003¹ , hereby make the following regulations:

1.          These Regulations may be cited as the European Communities (Trade with Iraq) Regulations 2006.

2.          A person who contravenes Article 3 of Council Regulation (EC) No. 1210/2003 of 7 July 2003¹ is guilty of an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.

3.          Where an offence is committed under these Regulations 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 the 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, is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

4.          An offence under these Regulations may be prosecuted by the Minister for Enterprise, Trade and Employment.

5.        The European Communities (Trade with Iraq) Regulations 1997 ( S.I. No. 370 of 1997 ) are revoked.

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. 1210/2003 of 7 July 2003 which prohibits the import, export and dealing in any item of illegally removed Iraqi cultural property and to revoke European Communities (Trade with Iraq) Regulations 1997 ( S.I. No. 370 of 1997 ) which provided for penalties for breaches of the EU prohibition on trade with Iraq.

¹ OJ No. L169, 8.7.2003, p.6.

¹ OJ No. L169, 8.7.2003, p.6.