Regulations, 2014

L.N. 167 of 2014

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Enforcement of European Union Sanctions (Eritrea)

Regulations, 2014

IN exercise of the powers conferred by article 3(2) of the

National Interest (Enabling Powers) Act, the Prime Minister has

made the following regulations:-

The title of these regulations is the Enforcement of Citation.

European Union Sanctions (Eritrea) Regulations, 2014.

(Regulation 3)

COUNCIL REGULATION (EU) No 667/2010

of 26 July 2010

concerning certain restrictive measures in respect of Eritrea

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and

in particular Articles 215(1) and (2) thereof,

Having regard to Council Decision 2010/127/CFSP of 1 March 2010

concerning restrictive measures against Eritrea * in accordance with Chapter 2 of

Title V of the Treaty on European Union,

Having regard to the joint proposal from the High Representative of the

Union for Foreign Affairs and Security Policy and the Commission,

Whereas

(1) On 1 March 2010, the Council adopted Decision 2010/127/CFSP

concerning restrictive measures against Eritrea and implementing United Nations

Security Council Resolution (UNSCR) 1907 (2009). On 26 July 2010, the Council

adopted Decision 2010/414/CFSP amending Decision 2010/127/CFSP in order to

introduce a procedure for the amendment and the review of the list of persons and

entities designated by the United Nations Security Council (‘the Security Council’)

or by the relevant United Nations Sanctions Committee (‘Sanctions Committee’).

(2) The restrictive measures against Eritrea include a prohibition on the

provision of technical assistance, training, financial and other assistance relating to

military activities, as well as a prohibition on the procurement or obtaining of such

technical assistance, training, financial and other assistance from Eritrea.

(3) Decision 2010/127/CFSP also provides for the inspection of certain

cargoes to and from Eritrea and, in the case of aircraft and vessels, for the supply

of additional pre-arrival and pre-departure information in respect of goods brought

into or out of the Union. This information should be provided in accordance with

the provisions on entry and exit summary declarations of Council Regulation

(EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs

Code ** .

(4) Furthermore, Decision 2010/127/CFSP provides for financial restrictive

measures against persons and entities designated by the Security Council or by the

* OJ L 51, 2.3.2010, p. 19. Decision as amended by Decision 2010/414/CFSP.

** OJ L 302, 19.10.1992, p. 1.

competent Sanctions Committee, as well as prohibitions on the supply, sale or

transfer of weapons and military equipment to those designated persons and

entities and on the provision of related assistance and services. These restrictive

measures should be imposed against individuals and entities, including but not

limited to the Eritrean political and military leadership, governmental and

parastatal entities and entities privately owned by Eritrean nationals living within

or outside Eritrean territory, designated by the UN as violating the arms embargo

established in UNSCR 1907 (2009), as providing support from Eritrea to armed

opposition groups which aim to destabilise the region, as obstructing the

implementation of UNSCR 1862 (2009) concerning Djibouti, as harbouring,

financing, facilitating, supporting, organising, training or inciting individuals or

groups to perpetrate acts of violence or terrorist acts against States other than

Eritrea, or their citizens in the region, or as obstructing the investigations or work

of the Monitoring Group established by the Security Council.

(5) These measures fall within the scope of the Treaty on the Functioning of

the European Union and, therefore, notably with a view to ensuring their uniform

application by economic operators in all Member States, legislation at the level of

the Union is necessary in order to implement them as far as the Union is

concerned.

(6) This Regulation respects the fundamental rights and observes the

principles recognised in particular by the Charter of Fundamental Rights of the

European Union and notably the right to an effective remedy and to a fair trial, the

right to property and the right to protection of personal data. This Regulation

should be applied in accordance with those rights and principles.

(7) This Regulation also fully respects the obligations of Member States

under the Charter of the United Nations and the legally binding nature of Security

Council Resolutions.

(8) The power to amend the list in Annex I to this Regulation should be

exercised by the Council, in view of the specific threat to international peace and

security in the region posed by the situation in Eritrea and in order to ensure

consistency with the process for amending and reviewing the Annex to Decision

2010/127/CFSP.

(9) The procedure for amending the list in Annex I to this Regulation

should include a requirement to communicate to the designated natural or legal

persons, entities or bodies the grounds for listing as provided by the Sanctions

Committee, so as to give them an opportunity to present observations. Where

observations are submitted, or substantial new evidence is presented, the Council

should review its decision in light of those observations and inform the person,

entity or body concerned accordingly.

(10) For the implementation of this Regulation, and in order to create

maximum legal certainty within the Union, the names and other relevant data

concerning natural and legal persons, entities and bodies whose funds and

economic resources must be frozen in accordance with the Regulation, should be

made public. Any processing of personal data of natural persons under this

Regulation should respect Regulation (EC) No 45/2001 of the European

Parliament and of the Council of 18 December 2000 on the protection of

individuals with regard to the processing of personal data by the Community

institutions and bodies and on the free movement of such data * and Directive 95/

46/EC of the European Parliament and of the Council of 24 October 1995 on the

protection of individuals with regard to the processing of personal data and on the

free movement of such data ** .

(11) Member States should determine the penalties applicable to

infringements of the provisions of this Regulation. The penalties provided for

should be proportionate, effective and dissuasive.

(12) In order to ensure that the measures provided for in this Regulation are

effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION

Article 1

For the purposes of this Regulation, the following definitions shall apply

(a) ‘technical assistance’ means any technical support related to repairs,

development, manufacture, assembly, testing, maintenance, or any other technical

service, and may take forms such as instruction, advice, training, transmission of

working knowledge or skills or consulting services, including verbal forms of

assistance;

(b) ‘funds’ means financial assets and benefits of every kind, including but

not limited to

(i)

cash, cheques, claims on money, drafts, money orders and other

payment instruments;

(ii)

deposits with financial institutions or other entities, balances on

accounts, debts and debt obligations;

(iii)

publicly and privately traded securities and debt instruments,

including stocks and shares, certificates representing securities, bonds, notes,

warrants, debentures and derivatives contracts;

(iv)

interest, dividends or other income on or value accruing from or

generated by assets;

* OJ L 8, 12.1.2001, p. 1.

** OJ L 281, 23.11.1995, p. 31.

(v)

credit, right of set-off, guarantees, performance bonds or other

financial commitments;

(vi)

letters of credit, bills of lading, bills of sale;

(vii)

documents evidencing an interest in funds or financial

resources;

(c) ‘freezing of funds’ means preventing any move, transfer, alteration, use

of, access to, or dealing with funds in any way that would result in any change in

their volume, amount, location, ownership, possession, character, destination or

other change that would enable the funds to be used, including portfolio

management;

(d) ‘economic resources’ means assets of every kind, whether tangible or

intangible, movable or immovable, which are not funds, but may be used to obtain

funds, goods or services;

(e) ‘freezing of economic resources’ means preventing their use to obtain

funds, goods or services in any way, including, but not limited to, by selling, hiring

or mortgaging them;

(f) ‘Sanctions Committee’ means the Security Council Committee

established pursuant to Security Council Resolutions 751 (1992) and 1907 (2009)

concerning Somalia and Eritrea;

(g) ‘territory of the Union’ means the territories to which the Treaty on the

Functioning of the European Union is applicable, under the conditions laid down

in the Treaty, including their airspace.

Article 2

1. It shall be prohibited

(a)

to provide technical assistance related to military activities and

to the provision, manufacture, maintenance and use of arms and of related

materiel of all types included in the Common Military List of the European

Union * (‘EU Common Military List’), directly or indirectly, to any natural or

legal person, entity or body in, or for use in, Eritrea;

(b)

to provide financing or financial assistance related to military

activities, including in particular grants, loans and export credit insurance for

any sale, supply, transfer or export of arms and related materiel of all types

included in the EU Common Military List, or for the provision of related

technical assistance and brokering services directly or indirectly to any

natural or legal person, entity or body in, or for use in, Eritrea;

* OJ C 69, 18.3.2010, p. 19.

(c)

to obtain, directly or indirectly, technical assistance related to

military activities, and to the provision, manufacture, maintenance and use of

arms and of related materiel of all types included in the EU Common

Military List, from any natural or legal person, entity or body in Eritrea;

(d)

to obtain, directly or indirectly, financing or financial assistance

related to military activities, including in particular grants, loans and export

credit insurance for any sale, supply, transfer or export of arms and related

materiel of all types included in the EU Common Military List, or for the

provision of related technical assistance and brokering services directly or

indirectly, from any natural or legal person, entity or body in Eritrea;

(e)

to participate, knowingly and intentionally, in activities, the

object or effect of which is to circumvent the prohibitions referred to in

points (a), (b), (c) and (d).

2. The prohibitions set out in paragraph 1(b) and (d) shall not give rise to

liability of any kind on the part of the natural and legal persons, entities and bodies

concerned, if they did not know, and had no reasonable cause to suspect, that their

actions would infringe these prohibitions.

Article 3

1. In order to ensure the strict implementation of Article 1 of Decision

2010/127/CFSP, all goods brought into or leaving the customs territory of the

Union on cargo aircraft and merchant vessels to and from Eritrea shall be made

subject to pre-arrival or pre-departure information to be submitted to the

competent authorities of the Member States concerned.

2. The rules governing the obligation to provide pre-arrival or pre-

departure information, in particular the time limits to be respected and data

required, shall be as determined in the relevant provisions concerning entry and

exit summary declarations as well as customs declarations set out in Regulation

(EEC) No 2913/92, and in Commission Regulation (EEC) No 2454/93 of 2 July

1993 laying down provisions for the implementation of Council Regulation (EEC)

No 2913/92 * .

3. Furthermore, the person who brings the goods, or who assumes

responsibility for the carriage of the goods on cargo aircraft and merchant vessels

to and from Eritrea, or their representatives, shall declare whether the goods are

covered by the EU Common Military List.

4. Until 31 December 2010 the entry and exit summary declarations and

the required additional elements referred to in this Article may be submitted in

written form using commercial, port or transport documentation, provided that

* OJ L 253, 11.10.1993, p. 1.

they contain the necessary particulars.

5. As from 1 January 2011, the required additional elements referred to in

this Article shall be submitted either in written form or using the entry and exit

summary declarations, as appropriate.

Article 4

1. All funds and economic resources belonging to, owned, held or

controlled by natural or legal persons, entities or bodies listed in Annex I, shall be

frozen.

2. No funds or economic resources shall be made available, directly or

indirectly, to or for the benefit of natural or legal persons, entities or bodies listed

in Annex I.

3. The participation, knowingly and intentionally, in activities the object

or effect of which is, directly or indirectly, to circumvent the measures referred to

in paragraphs 1 and 2 shall be prohibited.

4. The prohibition set out in paragraph 2 shall not give rise to liability of

any kind on the part of the natural and legal persons, entities and bodies concerned,

if they did not know, and had no reasonable cause to suspect, that their actions

would infringe that prohibition.

5. Annex I shall include the natural and legal persons, entities and bodies

designated by the Security Council or by the Sanctions Committee in conformity

with paragraphs 15 and 18(b) of UNSCR 1907 (2009).

6. Annex I shall include the grounds for listing of listed persons, entities

and bodies as provided by the Security Council or the Sanctions Committee.

7. Annex I shall include, where available, information provided by the

Security Council or by the Sanctions Committee necessary to identify the natural

or legal persons, entities or bodies concerned. With regard to natural persons, such

information may include names including aliases, date and place of birth,

nationality, passport and ID card numbers, gender, address, if known, and function

or profession. With regard to legal persons, entities or bodies, such information

may include names, place and date of registration, registration number and place of

business. Annex I shall also include the date of designation by the Security

Council or by the Sanctions Committee.

Article 5

1. By way of derogation from Article 4, the competent authorities in the

Member States, as indicated in the websites listed in Annex II, may authorise,

under such conditions as they deem appropriate, the release of certain frozen funds

or economic resources, or the making available of certain funds or economic

resources, after having determined that the funds or economic resources are

(a)

necessary to satisfy the basic needs of persons listed in Annex I,

and their dependent family members, including payments for foodstuffs, rent

or mortgage, medicines and medical treatment, taxes, insurance premiums,

and public utility charges;

(b)

intended exclusively for payment of reasonable professional

fees and reimbursement of incurred expenses associated with the provision of

legal services; or

(c)

intended exclusively for payment of fees or service charges for

routine holding or maintenance of frozen funds or economic resources;

provided that the Member State concerned has notified the Sanctions Committee

of that determination and its intention to grant an authorisation, and in the absence

of a negative decision by the Sanctions Committee within three working days of

such notification.

2. By way of derogation from Article 4, the competent authorities in the

Member States, as indicated in the websites listed in Annex II, may authorise the

release of certain frozen funds or economic resources or the making available of

certain funds or economic resources, after having determined that the funds or

economic resources are necessary for extraordinary expenses, provided that such

determination has been notified to the Sanctions Committee by the Member State

concerned and that the determination has been approved by that Committee.

3. The relevant Member State shall inform the other Member States and

the Commission of any authorisation granted under paragraphs 1 and 2.

Article 6

By way of derogation from Article 4, the competent authorities in the

Member States, as indicated in the websites listed in Annex II, may authorise the

release of certain frozen funds or economic resources, if the following conditions

are met

(a)

the funds or economic resources are the subject of a judicial,

administrative or arbitral lien established before the date on which the natural

or legal person, entity or body referred to in Article 4 has been designated by

the Sanctions Committee or the Security Council or of a judicial,

administrative or arbitral judgement rendered prior to that date;

(b)

the funds or economic resources will be used exclusively to

satisfy claims secured by such a lien or recognised as valid in such a

judgment, within the limits set by applicable laws and regulations governing

the rights of persons having such claims;

(c)

the lien or judgment is not for the benefit of a person, entity or

body listed in Annex I;

(d)

recognising the lien or judgment is not contrary to public policy

in the Member State concerned; and

(e)

the Sanctions Committee has been notified by the Member State

of the lien or judgment.

Article 7

1. Article 4(2) shall not apply to the addition to frozen accounts of

(a)

interest or other earnings on those accounts; or

(b)

payments due under contracts, agreements or obligations that

were concluded or arose before the date on which the natural or legal person,

entity or body referred to in Article 4 has been designated by the Sanctions

Committee or the Security Council;

provided that any such interest, other earnings and payments continue to be subject

to Article 4(1).

2. Article 4(2) shall not prevent financial or credit institutions in the Union

from crediting frozen accounts where they receive funds transferred to the account

of a listed natural or legal person, entity or body, provided that any additions to

such accounts will also be frozen. The financial or credit institution shall inform

the competent authorities about such transactions without delay.

Article 8

1. It shall be prohibited

(a)

to provide technical assistance related to military activities and

to the provision, manufacture, maintenance and use of arms and of related

materiel of all types included in the EU Common Military List, directly or

indirectly, to any natural or legal person, entity or body listed in Annex I;

(b)

to provide financing or financial assistance related to military

activities, including, in particular, grants, loans and export credit insurance

for any sale, supply, transfer or export of arms and related materiel of all

types included in the EU Common Military List, or for the provision of

related technical assistance and brokering services directly or indirectly to

any natural or legal person, entity or body listed in Annex I.

2. The participation, knowingly and intentionally, in activities the object

or effect of which is, directly or indirectly, to circumvent the prohibition referred

to in paragraph 1 shall be prohibited.

3. The prohibition set out in paragraph 1(b) shall not give rise to liability

of any kind on the part of the natural and legal persons, entities and bodies

concerned, if they did not know, and had no reasonable cause to suspect, that their

actions would infringe these prohibitions.

Article 9

The freezing of funds and economic resources or the refusal to make funds or

economic resources available, carried out in good faith on the basis that such

action is in accordance with this Regulation, shall not give rise to liability of any

kind on the part of the natural or legal person or entity implementing it, or its

directors or employees, unless it is proved that the funds and economic resources

were frozen as a result of negligence.

Article 10

1. Without prejudice to the applicable rules concerning reporting,

confidentiality and professional secrecy, natural and legal persons, entities and

bodies shall

(a)

supply immediately any information which would facilitate

compliance with this Regulation, such as accounts and amounts frozen in

accordance with Article 4, to the competent authorities of the Member States,

as listed in Annex II, where they are resident or located, and shall transmit

such information, directly or through these competent authorities, to the

Commission;

(b)

cooperate with the competent authorities, as indicated in the

websites listed in Annex II, in any verification of this information.

2. Any information provided or received in accordance with this Article

shall be used only for the purposes for which it was provided or received.

Article 11

The Commission and Member States shall immediately inform each other of

the measures taken under this Regulation and shall supply each other with any

other relevant information at their disposal in connection with this Regulation, in

particular information in respect of violation and enforcement problems and

judgments handed down by national courts.

Article 12

1. Where the Security Council or the Sanctions Committee lists a natural

or legal person, entity or body, the Council shall include such natural or legal

person, entity or body in Annex I. The Council shall communicate its decision,

including the grounds for listing, to the natural or legal person, entity or body

concerned, either directly, if the address is known, or through the publication of a

notice, providing such natural or legal person, entity or body an opportunity to

present observations.

2. Where observations are submitted, or where substantial new evidence is

presented, the Council shall review its decision and inform the natural or legal

person, entity or body accordingly.

3. Where the United Nations decides to delist a natural or legal person,

entity or body, or to amend the identifying data of a listed natural or legal person,

entity or body, the Council shall amend Annex I accordingly.

Article 13

The Commission shall be empowered to amend Annex II on the basis of

information supplied to it by Member States.

Article 14

1. Member States shall lay down the rules on penalties applicable to

infringements of the provisions of this Regulation and shall take all measures

necessary to ensure that they are implemented. The penalties provided for must be

effective, proportionate and dissuasive.

2. Member States shall notify the Commission of those rules without delay

after the entry into force of this Regulation and shall notify it of any subsequent

amendment.

Article 15

1. Member States shall designate the competent authorities referred to in

this Regulation and identify them in the websites listed in Annex II. Member

States shall notify the Commission of any changes to the addresses of their

websites listed in Annex II before such changes take effect.

2. Member States shall notify the Commission of their competent

authorities, including the contact details of those competent authorities, without

delay after the entry into force of this Regulation, and shall notify the Commission

without delay of any subsequent amendment.

3. Where this Regulation sets out a requirement to notify, inform or

otherwise communicate with the Commission, the address and other contact details

to be used for such communication shall be those indicated in Annex II.

Article 16

This Regulation shall apply

(a)

within the territory of the Union, including its airspace;

(b)

on board any aircraft or any vessel under the jurisdiction of a

Member State;

(c)

to any person inside or outside the territory of the Union who is

a national of a Member State;

(d)

to any legal person, entity or body which is incorporated or

constituted under the law of a Member State;

(e)

to any legal person, entity or body in respect of any business

done in whole or in part within the Union.

Article 17

This Regulation shall enter into force on the day of its publication in the

Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all

Done at Brussels, 26 July 2010.

For the Council

The President

C. ASHTON

ANNEX I

Natural and legal persons, entities or bodies referred to in

Articles 4, 5, 6, 7, 8 and 12

ANNEX II

Websites for information on the competent authorities referred to in Articles 5(2),

6, 7 and 10 and address for notifications to the European Commission

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://www.um.dk/da/menu/Udenrigspolitik/

FredSikkerhedOgInternationalRetsorden/Sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/

Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/

Global+Issues/International+Sanctions/

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/SancionesInternacionales/Paginas

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/

nemzetkozi_szankciok/felelos_illetekes_hatosagok.htm

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/nl/Onderwerpen/Internationale_rechtsorde/

Internationale_Sancties/Bevoegde_instanties_algemeen

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.mne.gov.pt/mne/pt/AutMedidasRestritivas.htm

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=12391&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/

omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

http://www.fco.gov.uk/en/about-us/what-we-do/services-we-deliver/

business-services/export-controls-sanctions/

Address for notifications to the European Commission

European Commission

DG External Relations

Directorate A. Crisis Platform and Policy Coordination in CFSP

Unit A.2. Crisis Management and Conflict Prevention

CHAR 12/106

B-1049 Bruxelles/Brussel (Belgium)

E-mail: relex-sanctions@ec.europa.eu

Tel. (32 2) 295 55 85

Fax (32 2) 299 08 73

B

€1.44

In these regulations, unless the context otherwise requires - Interpretation.

"the Act" means the National Interest (Enabling Powers) Act;

"the Council Regulation" means the Council Regulation referred

to in regulation 3, any amendment thereto and any repealing

Regulation;

"Monitoring Board" means the Board established under

regulation 2 of the Sanctions (Monitoring Board) Regulations;

"the Treaty" means the Treaty referred to in article 2 of the Cap. 460.

European Union Act.

These regulations apply to European Council Regulation Text of

(EC) No. 667/2010 of 26 July, 2010 concerning certain restrictive European

Council

measures in respect of Eritrea, which text is contained in the Schedule Regulation

No.667/2010.

to these regulations.

For the purposes of article 3 of the European Union Act, Applicability of

the Council Regulation is binding in its entirety on Malta and shall be the

Union Act.

part of the domestic law thereof under the conditions laid down in the Cap. 460.

Treaty.

(1)

Where any provision of any regulation made under Notification

the Act requires any person or any other entity to carry out the about

of assets.

identification of funds or assets belonging to or in the possession of

persons or entities as may be identified or identifiable under these

regulations, or the freezing or blocking of such funds or assets, such

person or entity shall without delay notify in writing any relevant

information it may have regarding persons, entities, assets or funds

affected by these regulations to the Monitoring Board, or to such

other public authority as may be prescribed by any other law.

(2) The disclosure of any information within the terms and

requirements of this regulation shall not constitute a breach of the

Professional Secrecy Act, where applicable, or of any other

confidentiality obligation arising from a contract or any other law.

(3) Whosoever fails to abide by the provisions of sub-

regulation (1) shall be guilty of an offence as is referred to in article 4

of the Criminal Code.

(1)

Where an offence against any provision of the

Council Regulation to which these regulations apply, or against these

regulations, is committed by a body of persons, whether corporate or

unincorporate, every person who, at the time of the commission of the

offence, was a director, manager, secretary or other similar officer of

such body or association, or was purporting to act in any such

capacity, shall be guilty of that offence unless he proves that the

offence was committed without his knowledge and that he exercised

all due diligence to prevent the commission of the offence.

(2) Where the person found guilty of an offence under these

regulations is an officer of a body corporate as is referred to in article

121D of the Criminal Code or is a person having a power of

representation or having such authority as is referred to in that article

and the offence of which that person was found guilty was committed

for the benefit, in part or in whole, of that body corporate, the said

person shall for the purposes of these regulations be deemed to be

vested with the legal representation of the same body corporate which

shall be liable to the payment of a fine (multa) of not less than five

thousand euro (€5,000) and not more than one hundred and sixteen

thousand four hundred and sixty-eight euro (€116,468).

Any person who commits an offence against any provision

of the Council Regulation to which these regulations apply, or against

these regulations shall, on conviction, be liable to imprisonment for a

term from twelve months to five years or to a fine (multa) not

exceeding one hundred and sixteen thousand four hundred and sixty-

eight euro (€116,468), or to both such imprisonment and fine.