S.I. No. 314/2024 - European Union (Restrictive Measures Against Cyber - Attacks Threatening the Union or its Member States) (No.2) Regulations 2024

1. Council Implementing Regulation (EU) 2020/1125 of 30 July 2020

2

2. Council Implementing Regulation (EU) 2020/1536 of 22 October 2020

3

3. Council Implementing Regulation (EU) 2020/1744 of 20 November 2020

4

4. Commission Implementing Regulation (EU) 2022/595 of 11 April 2022

5

5. Council Regulation (EU) 2023/2694 of 27 November 2023

6

6. Council Implementing Regulation (EU) 2024/1390 of 17 May 2024

7

7. Council Implementing Regulation (EU) 2024/1778 of 24 June 2024

8

Schedule 2

Contravention of Provision of Council Regulation

Article 3 (1) and (2)

Article 7 (1)

Article 8 (1)

Article 9

Article 11 (1)

GIVEN under my Official Seal,

26 June, 2024.

MICHAEL MCGRATH,

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 in Council Regulation (EU) 2019/796 of 17 May 2019 regarding Restrictive Measures against Cyber-attacks threatening the Union or its Member States.

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 129I, 17.05.2019, p.1

1 OJ No. L 129I, 17.05.2019, p.1

2 OJ No. L 246, 30.7.2020, p. 4

3 OJ No. L 351I, 22.10.2020, p. 1

4 OJ No. L 393, 23.11.2020, p. 1

5 OJ No. L 114, 12.04.2022, p.60

6 OJ L, 2023/2694, 28.11.2023

7 OJ L, 2024/1390, 17.5.2024

8 OJ L, 2024/1778, 24.6.2024

8. (1) Proceedings for an offence under these Regulations in relation to an act committed outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Where a person is charged with an offence referred to in paragraph (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) In proceedings for an offence referred to in paragraph (1) -

(a) a certificate purporting to be signed by an officer of the Department of Foreign Affairs and Trade and stating that a passport was issued by that Department to a person on a specified date, and

(b) a certificate that is signed by an officer of the Minister for Justice and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

is evidence that the person was an Irish citizen on the date on which the offence is alleged to have been committed, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.

(4) A person who has been acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under these Regulations in relation to an act committed outside the State consisting of the conduct, or substantially the same conduct, that constituted the offence of which the person has been acquitted or convicted.

9. The European Union (Restrictive Measures against Cyber-attacks threatening the Union or its Member States) Regulations 2024 (

S.I. No. 242 of 2024

) are revoked.

Schedule 1

Council Regulation

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th June,

2024.

I, MICHAEL MCGRATH, 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) 2019/796 of 17 May 2019

1

, as amended, hereby make the following regulations