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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 10th August, 2018.
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I, HEATHER HUMPHREYS, Minister for Business, Enterprise and Innovation, 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 fuller effect to Council Regulation (EC) No. 2271/96 of 22 November 19961
as amended by Commission Delegated Regulation (EU) 2018/1100 of 6 June 2018, hereby make the following Regulations:
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1. These Regulations may be cited as the European Communities (Extraterritorial Application of Legislation Adopted by a Third Country) (Amendment) Regulations, 2018.
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2. In these Regulations, ‘Regulations of 1997’ means the European Communities (Extraterritorial Application of Legislation Adopted by a Third Country) Regulations 1997 (
S.I. No. 217 of 1997
).
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3. The Regulations of 1997 are amended—
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(a) In Paragraph 3, by the substitution of “The Minister for Business, Enterprise and Innovation” for “The Minister for Tourism and Trade”
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(b) By substituting for Paragraph 5(2) the following:
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“5(2) A person (not being a person whom an authorisation under Article 7 (b) of the Council Regulation has been granted) who contravenes the provisions of Article 5(1) of the Council Regulation shall be guilty of an offence.”
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(c) By substituting for Paragraph 6 the following:
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“6.A person who is guilty of an offence under Regulation 5 shall be liable—
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(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
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(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or both.”.
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(d) By substituting for Paragraph 11(2) the following:
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“11(2) In proceedings referred to in paragraph (1) of this Regulation a court may admit in evidence a document purporting to have been obtained from the European Commission which purports to contain the text of a law, regulation or other legislative instrument specified in the Annex to the Council Regulation, as evidence of that law, regulation or other legislative instrument.
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![http://www.irishstatutebook.ie/images/ls](http://www.irishstatutebook.ie/images/ls)
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GIVEN under my Official Seal,
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8 August 2018.
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HEATHER HUMPHREYS,
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Minister for Business Enterprise and Innovation.
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1 OJ L. 309, 29.11.96, p.1. |