Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th July, 2011.

I, LEO VARADKAR , Minister for Transport, Tourism and Sport 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. 204/2011 of 2 March 2011¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictions on Transport Services and Air Operations) (Libya) Regulations 2011.

2. (1) In these Regulations "Council Regulation" means Council Regulation (EU) No. 204/2011 of 2 March 2011¹ as amended by-

(a) Council Regulation (EU) No. 296/2011 of 25 March 2011² , and

(b) Council Implementing Regulation (EU) No. 360/2011 of 12 April 2011³ .

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

3. A person who infringes-

(a) Article 3.1(d) with regard to the provision of transport services,

(b) Article 4a, or

(c) Article 4b,

of the Council Regulation, commits an offence.

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 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 commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

5. A person who commits an offence under these Regulations is liable-

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

6. Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister for Transport, Tourism and Sport.

GIVEN under my Official Seal,

4 July 2011.

LEO VARADKAR,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

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

The purpose of these Regulations is to provide for penalties for infringement of restrictive measures for the aviation sector introduced in accordance with EU Council Regulation No. 204 of 2 March 2011, as amended by EU Regulation No. 296 of 25 March 2011 in view of the situation in Libya.

1 OJ No. L58, 3.3.2011, p. 1.

2 OJ No. L80, 26.3.2011, p. 2.

3 OJ No. L100, 14.4.2011, p. 12.