BOSPHORUS HAVA YOLLARI TURİZM VE TİCARET ANONİM ŞİRKETİ
v. IRELAND JUDGMENT
16
Article 10
“Each Member State shall determine the sanctions to be imposed where the
provisions of this [Regulation] are infringed.
Where it has been ascertained that vessels, freight vehicles, rolling stock, aircraft
and cargoes have violated this Regulation, they may be forfeited to the Member State
whose competent authorities have impounded or detained them.”
66. On 4 June 1993 the Irish Minister for Tourism and Trade adopted the
European Communities (Prohibition of Trade with the Federal Republic of
Yugoslavia (Serbia and Montenegro)) Regulations 1993 (Statutory
Instrument no. 144 of 1993), the relevant part of which provided as follows:
“3. A person shall not contravene a provision of [Regulation (EEC) no. 990/93].
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 [Regulation (EEC) no. 990/93] 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 [Regulation (EEC) no. 990/93] 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, ...
(d) Officers of the Minister for Transport ... duly authorised in writing by the
Minister for Transport, Energy and Communications in that behalf.
...
(3) A person shall not obstruct or interfere with a person specified in sub-paragraph
(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 sub-paragraph
(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