(1)(insofar as that provision relates to the manufacturing of certain mercury-added products in the circumstances referred to therein) commits an offence and is liable on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both.

(1),

(2)or

(3), Article 8

(1)or

(2)commits an offence and is liable— (

1. a)on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both, or (
2. b)on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.

(3)A person who fails to notify the Environmental Protection Agency in the circumstances outlined in Article 8

(3), or, on making such a notification fails to include the information therein commits and offence and is liable— (

1. a)on summary conviction to a class A fine, or (
2. b)on conviction on indictment to a fine not exceeding €250,000.

(1)commits an offence and is liable— (

1. a)on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both, or (
2. b)on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.

(5)An operator of a dental facility who breaches an obligation in Article 10

(4)commits an offence and is liable on summary conviction to a class D fine.

(6)A dental practitioner who breaches an obligation in Article 10

(6)commits an offence and is liable— (

1. a)on summary conviction to a class B fine or imprisonment for a term not exceeding 3 months or both, or (
2. b)on conviction on indictment to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.

(1)or

(2)commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(1)or

(3)commits an offence and is liable on summary conviction to a class A fine or imprisonment for a term not exceeding 6 months, or both.

(1),

(2)or

(3)commits an offence and is liable— (

1. a)on summary conviction to a class B fine or imprisonment for a term not exceeding 6 months, or both, or (
2. b)on conviction on indictment to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.

(11)An offence under paragraph

(1),

(2)(a),

(3)(a),

(4)(a),

(7),

(8),

(9)(a), or

(10)may be prosecuted by the Environmental Protection Agency.

(12)An offence under paragraph

(5)or

(6)(a) may be prosecuted by the local authority within whose functional area the breach occurs. Application of Customs Act 2015 to import and export prohibitions in EU Regulation 10.

(1),

(2),

(3)or

(4), Article 4

(1),

(2)or

(3)or Article 5

(1)(insofar as that provision relates to the import and export of certain mercury-added products in the circumstances referred to therein) commits an offence and shall, in accordance with section 50 of the Customs Act 2015 (No. 18 of 2015), be subject to the provisions of that Act. Offences by bodies corporate 11.

(1)Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful 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 shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2)Where the affairs of a body corporate are managed by its members, paragraph

(1)applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. Revocation

1. The European Communities Mercury (Export Ban and Safe Storage) Regulations 2012 ( S.I. No. 27 of 2012 ) are revoked. GIVEN under my Official Seal, 14 December
2. RICHARD BRUTON, Minister for Communications, Climate Action and Environment. EXPLANATORY NOTE (This Note is not part of the Statutory Instrument and does not purport to be a legal interpretation.) These Regulations lay down the rules and penalties applicable to infringements of Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on mercury and designate competent authorities to implement the EU Regulation. 1 OJ L 137, 24.5.2017, p.
3. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais