# Official Journal L 116/2008

| | ISSN 1725-2555 |
| --- | --- |
| Official Journal
  of the European Union | L 116 |
| | |
| English edition | Legislation | Volume 5130 April 2008 |

ISSN 1725-2555

Official Journal

of the European Union

L 116

English edition

Legislation

Volume 5130 April 2008

---

| Contents | | I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | | Commission Regulation (EC) No 383/2008 of 29 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables | 1 |
| | * | Commission Regulation (EC) No 384/2008 of 29 April 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals from the exit ban provided for in Council Directive 2000/75/EC (
  1
  ) | 3 |
| | * | Commission Regulation (EC) No 385/2008 of 29 April 2008 amending Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 | 5 |
| | | Commission Regulation (EC) No 386/2008 of 29 April 2008 fixing the export refunds on milk and milk products | 17 |
| | | Commission Regulation (EC) No 387/2008 of 29 April 2008 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year | 21 |

Contents

I   Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

page

REGULATIONS

Commission Regulation (EC) No 383/2008 of 29 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

1

*

Commission Regulation (EC) No 384/2008 of 29 April 2008 amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals from the exit ban provided for in Council Directive 2000/75/EC (
  1
  )

1

3

*

Commission Regulation (EC) No 385/2008 of 29 April 2008 amending Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006

5

Commission Regulation (EC) No 386/2008 of 29 April 2008 fixing the export refunds on milk and milk products

17

Commission Regulation (EC) No 387/2008 of 29 April 2008 amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year

21

| | | II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory |
| --- | --- | --- |
| | | DECISIONS |
| | | Council |
| | | 2008/342/EC |
| | * | Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism | 23 |
| | | 2008/343/EC |
| | * | Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism | 25 |
| | | Commission |
| | | 2008/344/EC |
| | * | Commission Decision of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group
  (notified under document number C(2007) 5087)

   (
  1
  ) | 26 |
| | | RECOMMENDATIONS |
| | | Commission |
| | | 2008/345/EC |
| | * | Commission Recommendation of 7 February 2008 on a code of conduct for responsible nanosciences and nanotechnologies research
  (notified under document number C(2008) 424) | 46 |

II   Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

2008/342/EC

*

Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

23

2008/343/EC

*

Council Decision of 29 April 2008 amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

25

Commission

2008/344/EC

*

Commission Decision of 23 October 2007 on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group
  (notified under document number C(2007) 5087)

   (
  1
  )

(notified under document number C(2007) 5087)

1

26

RECOMMENDATIONS

Commission

2008/345/EC

*

Commission Recommendation of 7 February 2008 on a code of conduct for responsible nanosciences and nanotechnologies research
  (notified under document number C(2008) 424)

(notified under document number C(2008) 424)

46

| | | III   Acts adopted under the EU Treaty |
| --- | --- | --- |
| | | ACTS ADOPTED UNDER TITLE V OF THE EU TREATY |
| | * | Council Common Position 2008/346/CFSP of 29 April 2008 amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism | 53 |
| | * | Council Common Position 2008/347/CFSP of 29 April 2008 amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism | 55 |
| | * | Council Common Position 2008/348/CFSP of 29 April 2008 concerning restrictive measures against Uzbekistan | 56 |
| | * | Council Common Position 2008/349/CFSP of 29 April 2008 renewing restrictive measures against Burma/Myanmar | 57 |

III   Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

*

Council Common Position 2008/346/CFSP of 29 April 2008 amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

53

*

Council Common Position 2008/347/CFSP of 29 April 2008 amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

55

*

Council Common Position 2008/348/CFSP of 29 April 2008 concerning restrictive measures against Uzbekistan

56

*

Council Common Position 2008/349/CFSP of 29 April 2008 renewing restrictive measures against Burma/Myanmar

57

| | | Corrigenda |
| --- | --- | --- |
| | * | Corrigendum to Commission Regulation (EC) No 508/1999 of 4 March 1999 amending Annexes I to IV of Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ L 60, 9.3.1999) | 86 |

Corrigenda

*

Corrigendum to Commission Regulation (EC) No 508/1999 of 4 March 1999 amending Annexes I to IV of Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin (OJ L 60, 9.3.1999)

86

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

---

I Acts adopted under the EC Treaty/Euratom Treaty whose publication is obligatory

REGULATIONS

| 30.4.2008 | EN | Official Journal of the European Union | L 116/1 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/1

---

COMMISSION REGULATION (EC) No 383/2008

of 29 April 2008

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Commission Regulation (EC) No 1580/2007 of 21 December 2007 laying down implementing rules of Council Regulations (EC) No 2200/96, (EC) No 2201/96 and (EC) No 1182/2007 in the fruit and vegetable sector (1), and in particular Article 138(1) thereof,

Whereas:

| (1) | Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto. |
| --- | --- |

(1)

Regulation (EC) No 1580/2007 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in the Annex thereto.

| (2) | In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation, |
| --- | --- |

(2)

In compliance with the above criteria, the standard import values must be fixed at the levels set out in the Annex to this Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 138 of Regulation (EC) No 1580/2007 shall be fixed as indicated in the Annex hereto.

Article 2

This Regulation shall enter into force on 30 April 2008.

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

Done at Brussels, 29 April 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 350, 31.12.2007, p. 1.

1

---

ANNEX

to Commission Regulation of 29 April 2008 establishing the standard import values for determining the entry price of certain fruit and vegetables

| (EUR/100 kg) |
| --- |
| CN code | Third country code (1) | Standard import value |
| 0702 00 00 | IL | 71,4 |
| MA | 60,9 |
| TN | 111,3 |
| TR | 110,7 |
| ZZ | 88,6 |
| 0707 00 05 | JO | 178,8 |
| TR | 109,3 |
| ZZ | 144,1 |
| 0709 90 70 | MA | 92,6 |
| MK | 68,1 |
| TR | 115,3 |
| ZZ | 92,0 |
| 0805 10 20 | EG | 49,1 |
| IL | 69,6 |
| MA | 55,4 |
| TN | 53,5 |
| TR | 55,2 |
| US | 44,3 |
| ZZ | 54,5 |
| 0805 50 10 | AR | 70,7 |
| EG | 126,4 |
| IL | 131,8 |
| MK | 118,8 |
| TR | 126,7 |
| US | 115,8 |
| ZA | 140,8 |
| ZZ | 118,7 |
| 0808 10 80 | AR | 90,1 |
| BR | 83,1 |
| CA | 84,7 |
| CL | 92,8 |
| CN | 88,7 |
| MK | 67,6 |
| NZ | 111,6 |
| US | 123,6 |
| UY | 68,1 |
| ZA | 87,8 |
| ZZ | 89,8 |
| 0808 20 50 | AR | 85,9 |
| AU | 88,5 |
| CL | 113,5 |
| CN | 44,0 |
| NZ | 201,7 |
| ZA | 94,6 |
| ZZ | 104,7 |

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

IL

71,4

MA

60,9

TN

111,3

TR

110,7

ZZ

88,6

0707 00 05

JO

178,8

TR

109,3

ZZ

144,1

0709 90 70

MA

92,6

MK

68,1

TR

115,3

ZZ

92,0

0805 10 20

EG

49,1

IL

69,6

MA

55,4

TN

53,5

TR

55,2

US

44,3

ZZ

54,5

0805 50 10

AR

70,7

EG

126,4

IL

131,8

MK

118,8

TR

126,7

US

115,8

ZA

140,8

ZZ

118,7

0808 10 80

AR

90,1

BR

83,1

CA

84,7

CL

92,8

CN

88,7

MK

67,6

NZ

111,6

US

123,6

UY

68,1

ZA

87,8

ZZ

89,8

0808 20 50

AR

85,9

AU

88,5

CL

113,5

CN

44,0

NZ

201,7

ZA

94,6

ZZ

104,7

---

(1)  Country nomenclature as fixed by Commission Regulation (EC) No 1833/2006 (OJ L 354, 14.12.2006, p. 19). Code ‘ZZ’ stands for ‘of other origin’.

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/3 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/3

---

COMMISSION REGULATION (EC) No 384/2008

of 29 April 2008

amending Regulation (EC) No 1266/2007 as regards the conditions for exempting pregnant animals from the exit ban provided for in Council Directive 2000/75/EC

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2000/75/EC of 20 November 2000 laying down specific provisions for the control and eradication of bluetongue (1), and in particular Article 9(1)(c), Articles 11 and 12 and the third paragraph of Article 19 thereof,

Whereas:

| (1) | Commission Regulation (EC) No 1266/2007 (2) lays down rules for the control, monitoring, surveillance and restrictions on movements of animals, in relation to bluetongue, in and from the restricted zones. It also establishes the conditions for exemptions from the exit ban applicable to movements of susceptible animals, their semen, ova and embryos provided for in Directive 2000/75/EC. |
| --- | --- |

(1)

Commission Regulation (EC) No 1266/2007 (2) lays down rules for the control, monitoring, surveillance and restrictions on movements of animals, in relation to bluetongue, in and from the restricted zones. It also establishes the conditions for exemptions from the exit ban applicable to movements of susceptible animals, their semen, ova and embryos provided for in Directive 2000/75/EC.

| (2) | In the light of new scientific information recently gathered on bluetongue virus pathogenesis related to the possible trans-placental transmission of bluetongue, some precautionary measures should be taken to prevent the possible spread of the disease by pregnant animals or certain newborn animals. |
| --- | --- |

(2)

In the light of new scientific information recently gathered on bluetongue virus pathogenesis related to the possible trans-placental transmission of bluetongue, some precautionary measures should be taken to prevent the possible spread of the disease by pregnant animals or certain newborn animals.

| (3) | Animals that were immune before artificial insemination or mating, due to vaccination with an inactivated vaccine or due to natural immunity, or that have been protected against vectors' attacks for a certain period and subjected to certain laboratory tests with negative results are not considered to pose any significant risk as regards bluetongue. It should therefore be possible to exempt only such safe pregnant animals from the exit ban. |
| --- | --- |

(3)

Animals that were immune before artificial insemination or mating, due to vaccination with an inactivated vaccine or due to natural immunity, or that have been protected against vectors' attacks for a certain period and subjected to certain laboratory tests with negative results are not considered to pose any significant risk as regards bluetongue. It should therefore be possible to exempt only such safe pregnant animals from the exit ban.

| (4) | Regulation (EC) No 1266/2007 should therefore be amended accordingly. The provisions of this Regulation should, however, be reviewed in the near future in the light of additional knowledge that becomes available. |
| --- | --- |

(4)

Regulation (EC) No 1266/2007 should therefore be amended accordingly. The provisions of this Regulation should, however, be reviewed in the near future in the light of additional knowledge that becomes available.

| (5) | Where exemptions from the exit ban applicable to movements of animals of susceptible species from the restricted zones are applied to such animals intended for intra-Community trade or for export to a third country, health certificates provided for in Council Directive 64/432/EEC (3), Council Directive 91/68/EEC (4), Council Directive 92/65/EEC (5) and referred to in Commission Decision 93/444/EEC (6) are to include a reference to Regulation (EC) No 1266/2007. It is appropriate to provide for an additional wording to be added to all those health certificates in order to make more explicit the health conditions under which the pregnant animals are exempted from the exit ban. |
| --- | --- |

(5)

Where exemptions from the exit ban applicable to movements of animals of susceptible species from the restricted zones are applied to such animals intended for intra-Community trade or for export to a third country, health certificates provided for in Council Directive 64/432/EEC (3), Council Directive 91/68/EEC (4), Council Directive 92/65/EEC (5) and referred to in Commission Decision 93/444/EEC (6) are to include a reference to Regulation (EC) No 1266/2007. It is appropriate to provide for an additional wording to be added to all those health certificates in order to make more explicit the health conditions under which the pregnant animals are exempted from the exit ban.

| (6) | The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health, |
| --- | --- |

(6)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS REGULATION:

Article 1

In Annex III to Regulation (EC) No 1266/2007, Section A is amended as follows:

| 1. | in point 1, the first paragraph is replaced by the following:
  ‘The animals were kept until dispatch during the seasonally vector-free period defined in accordance with Annex V, in a bluetongue seasonally-free zone for at least 60 days prior to the date of movement and were subjected to an agent identification test according to the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE) (7) (OIE Terrestrial Manual), with negative results, carried out not earlier than seven days before the date of movement. |
| --- | --- |

1.

in point 1, the first paragraph is replaced by the following:

‘The animals were kept until dispatch during the seasonally vector-free period defined in accordance with Annex V, in a bluetongue seasonally-free zone for at least 60 days prior to the date of movement and were subjected to an agent identification test according to the Manual of Diagnostic Tests and Vaccines for Terrestrial Animals of the World Organisation for Animal Health (OIE) (7) (OIE Terrestrial Manual), with negative results, carried out not earlier than seven days before the date of movement.

| 2. | the following paragraphs are added:
  ‘For pregnant animals, at least one of the conditions set out in points 5(b), 5(c), 5(d), 6 and 7 must be complied with before insemination or mating, or the condition set out in point 3 is complied with, the test being carried out not earlier than seven days before the date of movement.
  Where animals are intended for intra-Community trade or export to a third country, one of the following additional wordings shall be added as appropriate to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in Decision 93/444/EEC if applicable:
  “Animal(s) is (are) not pregnant”, or
  “Animal(s) may be pregnant and complies (comply) with the condition(s) ... (set out in points 5(b), 5(c), 5(d), 6 and 7 before insemination or mating, or set out in point 3; indicate as appropriate)”.’ |
| --- | --- |

2.

the following paragraphs are added:

‘For pregnant animals, at least one of the conditions set out in points 5(b), 5(c), 5(d), 6 and 7 must be complied with before insemination or mating, or the condition set out in point 3 is complied with, the test being carried out not earlier than seven days before the date of movement.

Where animals are intended for intra-Community trade or export to a third country, one of the following additional wordings shall be added as appropriate to the corresponding health certificates laid down in Directives 64/432/EEC, 91/68/EEC and 92/65/EEC, or referred to in Decision 93/444/EEC if applicable:

“Animal(s) is (are) not pregnant”, or

“Animal(s) may be pregnant and complies (comply) with the condition(s) ... (set out in points 5(b), 5(c), 5(d), 6 and 7 before insemination or mating, or set out in point 3; indicate as appropriate)”.’

Article 2

This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union.

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

Done at Brussels, 29 April 2008.

For the Commission

Androulla VASSILIOU

Member of the Commission

---

(1)  OJ L 327, 22.12.2000, p. 74. Directive as last amended by Commission Decision 2007/729/EC (OJ L 294, 13.11.2007, p. 26).

1

(2)  OJ L 283, 27.10.2007, p. 37. Regulation as amended by Regulation (EC) No 289/2008 (OJ L 89, 1.4.2008, p. 3).

2

(3)  OJ 121, 29.7.1964, p. 1977/64. Directive as last amended by Decision 2007/729/EC.

3

(4)  OJ L 46, 19.2.1991, p. 19. Directive as last amended by Directive 2006/104/EC (OJ L 363, 20.12.2006, p. 352).

4

(5)  OJ L 268, 14.9.1992, p. 54. Directive as last amended by Commission Decision 2007/265/EC (OJ L 114, 1.5.2007, p. 17).

5

(6)  OJ L 208, 19.8.1993, p. 34.

6

(7)  http://www.oie.int/eng/normes/en_mcode.htm?e1d10’;

7

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/5 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/5

---

COMMISSION REGULATION (EC) No 385/2008

of 29 April 2008

amending Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 817/2006 (1), and in particular Article 18(1)(b), thereof,

Whereas:

| (1) | Annex VI to Regulation (EC) No 194/2008 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

Annex VI to Regulation (EC) No 194/2008 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

| (2) | Annex VII to Regulation (EC) No 194/2008 lists enterprises owned or controlled by the Government of Burma/Myanmar or its members or persons associated with them, subject to restrictions on investment under that Regulation. |
| --- | --- |

(2)

Annex VII to Regulation (EC) No 194/2008 lists enterprises owned or controlled by the Government of Burma/Myanmar or its members or persons associated with them, subject to restrictions on investment under that Regulation.

| (3) | Common Position 2008/349/CFSP of 29 April 2008 (2) amends Annex II and Annex III to Common Position 2006/318/CFSP of 27 April 2006. Annex VI and VII to Regulation (EC) No 194/2008 should, therefore, be amended accordingly. |
| --- | --- |

(3)

Common Position 2008/349/CFSP of 29 April 2008 (2) amends Annex II and Annex III to Common Position 2006/318/CFSP of 27 April 2006. Annex VI and VII to Regulation (EC) No 194/2008 should, therefore, be amended accordingly.

| (4) | In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
| --- | --- |

(4)

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

1.   Annex VI to Regulation (EC) No 194/2008 is hereby amended as set out in Annex I to this Regulation.

2.   Annex VII to Regulation (EC) No 194/2008 is hereby amended as set out in Annex II to this Regulation.

Article 2

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 Member States.

Done at Brussels, 29 April 2008.

For the Commission

Eneko LANDÁBURU

Director-General of External Relations

---

(1)  OJ L 66, 10.3.2008, p. 1.

1

(2)  See page 57 of this Official Journal.

2

---

ANNEX I

Annex VI to Regulation (EC) No 194/2008 is amended as follows:

| (1) | The following notes are added to the Table Notes:






  ‘4. | If not stated otherwise, all passport and ID cards are those of Burma/Myanmar.’ |
| --- | --- | --- |

(1)

The following notes are added to the Table Notes:

‘4.

If not stated otherwise, all passport and ID cards are those of Burma/Myanmar.’

| ‘5. | The numbers in the left-hand column are for ease of reference.’ |
| --- | --- |

‘5.

The numbers in the left-hand column are for ease of reference.’

| (2) | Under the heading ‘A. STATE PEACE AND DEVELOPMENT COUNCIL (SPDC)’,








  No | Name (and possible aliases) | Identifying information (function/title, date and place of birth, passport/id number, spouse or son/daughter of ...) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(2)

Under the heading ‘A. STATE PEACE AND DEVELOPMENT COUNCIL (SPDC)’,

No

Name (and possible aliases)

Identifying information (function/title, date and place of birth, passport/id number, spouse or son/daughter of ...)

Sex (M/F)

| (a) | entries A1h, A3c, A3e, A7a , A8a shall be replaced by the following (changes shown in bold):








  ‘A1h | Kyaing San Shwe | Son of Senior General Than Shwe, Owner of J's Donuts | M |
| --- | --- | --- | --- | --- |
| A3c | Aung Thet Mann aka Shwe Mann Ko Ko | Son of General Thura Shwe Mann, Ayeya Shwe War (Wah) Company, d.o.b. 19.6.1977, Passport No CM102233 | M |
| A3e | Toe Naing Mann | Son of General Thura Shwe Mann, d.o.b. 29.6.1978 | M |
| A7a | Lt-Gen Kyaw Win | Chief of Bureau of Special Operations 2 (Kayah, Shan States), Member of the Union Solidarity and Development Association (USDA), d.o.b. 3.1.1944 | M |
| A8a | Lt-Gen Tin Aye | Chief of Military Ordnance, Head of UMEHL | M’ |

(a)

entries A1h, A3c, A3e, A7a , A8a shall be replaced by the following (changes shown in bold):

‘A1h

Kyaing San Shwe

Son of Senior General Than Shwe, Owner of J's Donuts

M

A3c

Aung Thet Mann aka Shwe Mann Ko Ko

Son of General Thura Shwe Mann, Ayeya Shwe War (Wah) Company, d.o.b. 19.6.1977, Passport No CM102233

M

A3e

Toe Naing Mann

Son of General Thura Shwe Mann, d.o.b. 29.6.1978

M

A7a

Lt-Gen Kyaw Win

Chief of Bureau of Special Operations 2 (Kayah, Shan States), Member of the Union Solidarity and Development Association (USDA), d.o.b. 3.1.1944

M

A8a

Lt-Gen Tin Aye

Chief of Military Ordnance, Head of UMEHL

M’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘A6c | Captain Naing Lin Oo | Son of Lt-Gen Thiha Thura Tin Aung Myint Oo | M |
| --- | --- | --- | --- | --- |
| A6d | Hnin Yee Mon | Wife of Capt. Naing Lin Oo | F |
| A14a | Arnt Maung | Retired Director General, Directorate of Religious Affairs | M |
| A15a | Maj-Gen Thar Aye aka Tha Aye | Chief of Bureau of Special Operations 4 (Karen, Mon, Tenasserim), d.o.b. 16.2.1945 (formerly B3a) | M |
| A15b | Wai Wai Khaing a.k.a. Wei Wei Khaing | Wife of Maj-Gen Thar Aye (formerly B3b) | F’ |

(b)

the following entries shall be added in appropriate numerical order:

‘A6c

Captain Naing Lin Oo

Son of Lt-Gen Thiha Thura Tin Aung Myint Oo

M

A6d

Hnin Yee Mon

Wife of Capt. Naing Lin Oo

F

A14a

Arnt Maung

Retired Director General, Directorate of Religious Affairs

M

A15a

Maj-Gen Thar Aye aka Tha Aye

Chief of Bureau of Special Operations 4 (Karen, Mon, Tenasserim), d.o.b. 16.2.1945 (formerly B3a)

M

A15b

Wai Wai Khaing a.k.a. Wei Wei Khaing

Wife of Maj-Gen Thar Aye (formerly B3b)

F’

| (c) | the following entries shall be deleted:








  ‘A12a | Lt-Gen Maung Bo | Chief of Bureau of Special Operations 4 (Karen, Mon, Tenasserim), d.o.b. 16.2.1945 | M |
| --- | --- | --- | --- | --- |
| A12b | Khin Lay Myint | Wife of Lt-Gen Maung Bo | F |
| A12c | Kyaw Swa Myint | Son of Lt-Gen Maung Bo, Businessman | M’ |

(c)

the following entries shall be deleted:

‘A12a

Lt-Gen Maung Bo

Chief of Bureau of Special Operations 4 (Karen, Mon, Tenasserim), d.o.b. 16.2.1945

M

A12b

Khin Lay Myint

Wife of Lt-Gen Maung Bo

F

A12c

Kyaw Swa Myint

Son of Lt-Gen Maung Bo, Businessman

M’

| (3) | Under the heading ‘B. REGIONAL COMMANDERS’,








  No | Name | Identifying information (inc. Command) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(3)

Under the heading ‘B. REGIONAL COMMANDERS’,

No

Name

Identifying information (inc. Command)

Sex (M/F)

| (a) | entries B2a and B2b shall be replaced by the following (changes shown in bold):








  ‘B2a | Maj-Gen Thaung Aye | Eastern (Shan State (South)) | M |
| --- | --- | --- | --- | --- |
| B2b | Thin Myo Myo Aung | Wife of Maj-Gen Thaung Aye | F’ |

(a)

entries B2a and B2b shall be replaced by the following (changes shown in bold):

‘B2a

Maj-Gen Thaung Aye

Eastern (Shan State (South))

M

B2b

Thin Myo Myo Aung

Wife of Maj-Gen Thaung Aye

F’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘B7b | Kyawt Kyawt San | Wife of Brig-Gen Maung Shein | F |
| --- | --- | --- | --- | --- |
| B8a | Brig-Gen Kyaw Swe | South Western (Irrawaddy Division) | M |
| B13e | Wai Phyo Aung | Son of Brig-Gen Wai Lwin | M |
| B13f | Oanmar (Ohnmar) Kyaw Tun | Wife of Wai Phyo Aung | F’ |

(b)

the following entries shall be added in appropriate numerical order:

‘B7b

Kyawt Kyawt San

Wife of Brig-Gen Maung Shein

F

B8a

Brig-Gen Kyaw Swe

South Western (Irrawaddy Division)

M

B13e

Wai Phyo Aung

Son of Brig-Gen Wai Lwin

M

B13f

Oanmar (Ohnmar) Kyaw Tun

Wife of Wai Phyo Aung

F’

| (c) | the following entries shall be deleted:








  ‘B3a | Maj-Gen Thar Aye a.k.a. Tha Aye | North Western (Sagaing Division) | M |
| --- | --- | --- | --- | --- |
| B3b | Wai Wai Khaing a.k.a. Wei Wei Khaing | Wife of Maj-Gen Thar Aye | F |
| B6a | Maj-Gen Khin Zaw | Central (Mandalay Division) | M |
| B6b | Khin Pyone Win | Wife of Maj-Gen Khin Zaw | F |
| B6c | Kyi Tha Khin Zaw | Son of Maj-Gen Khin Zaw | M |
| B6d | Su Khin Zaw | Daughter of Maj-Gen Khin Zaw | F |
| B8a | Maj-Gen Thura Myint Aung | South Western (Irrawaddy Division) | M |
| B8b | Than Than Nwe | Wife of Maj-Gen Thura Myint Aung | F’ |

(c)

the following entries shall be deleted:

‘B3a

Maj-Gen Thar Aye a.k.a. Tha Aye

North Western (Sagaing Division)

M

B3b

Wai Wai Khaing a.k.a. Wei Wei Khaing

Wife of Maj-Gen Thar Aye

F

B6a

Maj-Gen Khin Zaw

Central (Mandalay Division)

M

B6b

Khin Pyone Win

Wife of Maj-Gen Khin Zaw

F

B6c

Kyi Tha Khin Zaw

Son of Maj-Gen Khin Zaw

M

B6d

Su Khin Zaw

Daughter of Maj-Gen Khin Zaw

F

B8a

Maj-Gen Thura Myint Aung

South Western (Irrawaddy Division)

M

B8b

Than Than Nwe

Wife of Maj-Gen Thura Myint Aung

F’

| (4) | Under the heading ‘C. DEPUTY REGIONAL COMMANDERS’,








  No | Name | Identifying information (inc. Command) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(4)

Under the heading ‘C. DEPUTY REGIONAL COMMANDERS’,

No

Name

Identifying information (inc. Command)

Sex (M/F)

| (a) | entries C1a and C9a shall be replaced by the following (changes shown in bold):








  ‘C1a | Brig-Gen Kyaw Kyaw Tun | Rangoon (Yangon) | M |
| --- | --- | --- | --- | --- |
| C1b | Khin May Latt | Wife of Brig-Gen Kyaw Kyaw Tun | F |
| C9a | Brig-Gen Hone Ngaing aka Hon Ngai | Coastal | M’ |

(a)

entries C1a and C9a shall be replaced by the following (changes shown in bold):

‘C1a

Brig-Gen Kyaw Kyaw Tun

Rangoon (Yangon)

M

C1b

Khin May Latt

Wife of Brig-Gen Kyaw Kyaw Tun

F

C9a

Brig-Gen Hone Ngaing aka Hon Ngai

Coastal

M’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘C12b | Hla Than Htay | Wife of Brig-Gen Tin Hlaing | F’ |
| --- | --- | --- | --- | --- |

(b)

the following entries shall be added in appropriate numerical order:

‘C12b

Hla Than Htay

Wife of Brig-Gen Tin Hlaing

F’

| (5) | Under the heading ‘D. MINISTERS’,








  No | Name | Identifying information (inc. Ministry) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(5)

Under the heading ‘D. MINISTERS’,

No

Name

Identifying information (inc. Ministry)

Sex (M/F)

| (a) | entries D7a (duplicate), D8a, D20c and D31a (duplicate) shall be replaced by the following (changes shown in bold):








  ‘D7b | Khin Phyone | Wife of Maj-Gen Khin Aung Myint | F |
| --- | --- | --- | --- | --- |
| D8a | Dr. Chan Nyein | Education (since 10.8.2005), formerly Deputy Minister of Science & Technology, Member of the Executive Committee of the USDA, d.o.b. 1944 | M |
| D20c | Min Thein aka Ko Pauk | Son of Brig-Gen Maung Maung Thein | M |
| D32a | Aung Kyi | Employment/Labour (appointed Minister for Relations on 8.10.2007, in charge of relations with Aung San Suu Kyi) | M’ |

(a)

entries D7a (duplicate), D8a, D20c and D31a (duplicate) shall be replaced by the following (changes shown in bold):

‘D7b

Khin Phyone

Wife of Maj-Gen Khin Aung Myint

F

D8a

Dr. Chan Nyein

Education (since 10.8.2005), formerly Deputy Minister of Science & Technology, Member of the Executive Committee of the USDA, d.o.b. 1944

M

D20c

Min Thein aka Ko Pauk

Son of Brig-Gen Maung Maung Thein

M

D32a

Aung Kyi

Employment/Labour (appointed Minister for Relations on 8.10.2007, in charge of relations with Aung San Suu Kyi)

M’

| (6) | Under the heading ‘E. DEPUTY MINISTERS’,








  No | Name | Identifying information (inc. Ministry) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(6)

Under the heading ‘E. DEPUTY MINISTERS’,

No

Name

Identifying information (inc. Ministry)

Sex (M/F)

| (a) | entries E28a, E29a and E30a shall be replaced by the following (changes shown in bold):








  ‘E28a | Maj-Gen Thein Tun | Deputy Minister for Posts and Telecommunications | M |
| --- | --- | --- | --- | --- |
| E29a | Maj-Gen Kyaw Swa Khaing | Deputy Minister for Industry | M |
| E30a | Maj-Gen Thein Htay | Deputy Minister for Defence | M’ |

(a)

entries E28a, E29a and E30a shall be replaced by the following (changes shown in bold):

‘E28a

Maj-Gen Thein Tun

Deputy Minister for Posts and Telecommunications

M

E29a

Maj-Gen Kyaw Swa Khaing

Deputy Minister for Industry

M

E30a

Maj-Gen Thein Htay

Deputy Minister for Defence

M’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘E27b | Khin Mar Swe | Wife of Dr. Paing Soe | F |
| --- | --- | --- | --- | --- |
| E30b | Myint Myint Khine | Wife of Maj-Gen Thein Htay | F |
| E31a | Brig-Gen Tin Tun Aung | Deputy Minister for Labour (since 7.11.2007) | M |
| E32a | Brig-Gen Win Myint | Deputy Minister Electric Power 2 or Industry-2 (since 7.11.2007) | M’ |

(b)

the following entries shall be added in appropriate numerical order:

‘E27b

Khin Mar Swe

Wife of Dr. Paing Soe

F

E30b

Myint Myint Khine

Wife of Maj-Gen Thein Htay

F

E31a

Brig-Gen Tin Tun Aung

Deputy Minister for Labour (since 7.11.2007)

M

E32a

Brig-Gen Win Myint

Deputy Minister Electric Power 2 or Industry-2 (since 7.11.2007)

M’

| (7) | Under the heading ‘G. SENIOR MILITARY OFFICERS’,








  No | Name | Identifying information (inc. function) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(7)

Under the heading ‘G. SENIOR MILITARY OFFICERS’,

No

Name

Identifying information (inc. function)

Sex (M/F)

| (a) | entries A1h, A3c, A3e, A7a , A8a shall be replaced by the following (changes shown in bold):








  ‘G19b | Htwe Yi aka Htwe Htwe Yi | Wife of Maj-Gen Aung Thein | F’ |
| --- | --- | --- | --- | --- |

(a)

entries A1h, A3c, A3e, A7a , A8a shall be replaced by the following (changes shown in bold):

‘G19b

Htwe Yi aka Htwe Htwe Yi

Wife of Maj-Gen Aung Thein

F’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘G2b | Nang Phyu Phyu Aye | Wife of Maj-Gen Soe Maung | F |
| --- | --- | --- | --- | --- |
| G6b | May Mya Sein | Wife of Maj-Gen Lun Maung | F |
| G14b | Nwe Nwe Win | Wife of Maj-Gen Than Htay | F |
| G17b | Khin Mya Mon | Wife of Maj-Gen Kyi Win | F |
| G18b | Khin Myint Wai | Wife of Maj-Gen Tin Tun | F |
| G86a | Maj-Gen Thura Myint Aung | Adjutant General (formerly B8a, promoted from South Western Regional Command) | M |
| G87a | Lt-Gen Maung Bo | Chief of Inspector General (formerly A12a) | M |
| G87b | Khin Lay Myint | Wife of Lt-Gen Maung Bo (formerly A12b) | F |
| G87c | Kyaw Swa Myint | Son of Lt-Gen Maung Bo, Businessman (formerly A12c) | M |
| G88a | Maj-Gen Khin Zaw | Chief of Bureau of Special Operations 6 (Naypidaw, Mandalay) Promoted from Central Command | M |
| G88b | Khin Pyone Win | Wife of Maj-Gen Khin Zaw | F |
| G88c | Kyi Tha Khin Zaw | Son of Maj-Gen Khin Zaw | M |
| G88d | Su Khin Zaw | Daughter of Maj-Gen Khin Zaw | F |
| G89a | Maj-Gen Tha Aye | Ministry of Defence | M |
| G90a | Colonel Myat Thu | Commander Rangoon Military Region 1 (northern Rangoon) | M |
| G91a | Colonel Nay Myo | Commander Military Region 2 (Eastern Rangoon) | M |
| G92a | Colonel Tin Hsan | Commander Military Region 3 (Western Rangoon) | M |
| G93a | Colonel Khin Maung Htun | Commander Military Region 4 (Southern Rangoon) | M |
| G94a | Colonel Tint Wai | Commander Operation Control Command No. 4 (Mawbi) | M |
| G95a | San Nyunt | Commander Military Support Unit No. 2 of Military Security Affairs | M |
| G96a | Lt. Col Zaw Win | Commander Lon Htein Battalion Base 3 Shwemyayar | M |
| G97a | Major Mya Thaung | Commander Lon Htein Battalion Base 5 Mawbi | M |
| G98a | Major Aung San Win | Commander Lon Htein Battalion Base 7 Thanlin Township | M’ |

(b)

the following entries shall be added in appropriate numerical order:

‘G2b

Nang Phyu Phyu Aye

Wife of Maj-Gen Soe Maung

F

G6b

May Mya Sein

Wife of Maj-Gen Lun Maung

F

G14b

Nwe Nwe Win

Wife of Maj-Gen Than Htay

F

G17b

Khin Mya Mon

Wife of Maj-Gen Kyi Win

F

G18b

Khin Myint Wai

Wife of Maj-Gen Tin Tun

F

G86a

Maj-Gen Thura Myint Aung

Adjutant General (formerly B8a, promoted from South Western Regional Command)

M

G87a

Lt-Gen Maung Bo

Chief of Inspector General (formerly A12a)

M

G87b

Khin Lay Myint

Wife of Lt-Gen Maung Bo (formerly A12b)

F

G87c

Kyaw Swa Myint

Son of Lt-Gen Maung Bo, Businessman (formerly A12c)

M

G88a

Maj-Gen Khin Zaw

Chief of Bureau of Special Operations 6 (Naypidaw, Mandalay) Promoted from Central Command

M

G88b

Khin Pyone Win

Wife of Maj-Gen Khin Zaw

F

G88c

Kyi Tha Khin Zaw

Son of Maj-Gen Khin Zaw

M

G88d

Su Khin Zaw

Daughter of Maj-Gen Khin Zaw

F

G89a

Maj-Gen Tha Aye

Ministry of Defence

M

G90a

Colonel Myat Thu

Commander Rangoon Military Region 1 (northern Rangoon)

M

G91a

Colonel Nay Myo

Commander Military Region 2 (Eastern Rangoon)

M

G92a

Colonel Tin Hsan

Commander Military Region 3 (Western Rangoon)

M

G93a

Colonel Khin Maung Htun

Commander Military Region 4 (Southern Rangoon)

M

G94a

Colonel Tint Wai

Commander Operation Control Command No. 4 (Mawbi)

M

G95a

San Nyunt

Commander Military Support Unit No. 2 of Military Security Affairs

M

G96a

Lt. Col Zaw Win

Commander Lon Htein Battalion Base 3 Shwemyayar

M

G97a

Major Mya Thaung

Commander Lon Htein Battalion Base 5 Mawbi

M

G98a

Major Aung San Win

Commander Lon Htein Battalion Base 7 Thanlin Township

M’

| (c) | Under the subheading ‘Navy’, the following entry shall be added in appropriate numerical order:








  ‘G99a | Commodore Brig-Gen Thura Thet Swe | Commander Taninthayi Naval Region Command | M’ |
| --- | --- | --- | --- | --- |

(c)

Under the subheading ‘Navy’, the following entry shall be added in appropriate numerical order:

‘G99a

Commodore Brig-Gen Thura Thet Swe

Commander Taninthayi Naval Region Command

M’

| (d) | Under the subheading ‘Light Infantry Divisions (LID)’, the following entries shall be added in appropriate numerical order:








  ‘G79b | San San Yee | Wife of Brig-Gen Maung Maung Aye | F |
| --- | --- | --- | --- | --- |
| G100a | Colonel Myat Thu | Tactical Commander 11 LID | M |
| G101a | Colonel Htein Lin | Tactical Commander 11 LID | M |
| G102a | Lt. Col. Tun Hla Aung | Tactical Commander 11 LID | M |
| G103a | Col. Aung Tun | Brigade 66 | M |
| G104a | Capt. Thein Han | Brigade 66 | M |
| G104b | Hnin Wutyi Aung | Wife of Capt. Thein Han | F |
| G105a | Lt. Col Mya Win | Tactical Commander 77 LID | M |
| G106a | Colonel Win Te | Tactical Commander 77 LID | M |
| G107a | Colonel Soe Htway | Tactical Commander 77 LID | M |
| G108a | Lt. Col. Tun Aye | Commander 702nd Light Infantry Battalion | M’ |

(d)

Under the subheading ‘Light Infantry Divisions (LID)’, the following entries shall be added in appropriate numerical order:

‘G79b

San San Yee

Wife of Brig-Gen Maung Maung Aye

F

G100a

Colonel Myat Thu

Tactical Commander 11 LID

M

G101a

Colonel Htein Lin

Tactical Commander 11 LID

M

G102a

Lt. Col. Tun Hla Aung

Tactical Commander 11 LID

M

G103a

Col. Aung Tun

Brigade 66

M

G104a

Capt. Thein Han

Brigade 66

M

G104b

Hnin Wutyi Aung

Wife of Capt. Thein Han

F

G105a

Lt. Col Mya Win

Tactical Commander 77 LID

M

G106a

Colonel Win Te

Tactical Commander 77 LID

M

G107a

Colonel Soe Htway

Tactical Commander 77 LID

M

G108a

Lt. Col. Tun Aye

Commander 702nd Light Infantry Battalion

M’

| (e) | Under the subheading ‘Other Brigadier-Generals’, the following entries shall be added in appropriate numerical order:








  ‘G73b | Moe Thidar | Wife of Brig-Gen Phone Zaw Han | F |
| --- | --- | --- | --- | --- |
| G110a | Brig-Gen Myint Soe | Rangoon Station Commander | M |
| G111a | Brig-Gen Myo Myint Thein | Commandant, Defence Services Hospital Pyin Oo Lwin | M |
| G112a | Brig-Gen Sein Myint | Vice Chairman of Bago Division Peace and Development Council | M |
| G113a | Brig-Gen Hong Ngai
  (Ngaing) | Chairman of Chin State Peace and Development Council | M’ |

(e)

Under the subheading ‘Other Brigadier-Generals’, the following entries shall be added in appropriate numerical order:

‘G73b

Moe Thidar

Wife of Brig-Gen Phone Zaw Han

F

G110a

Brig-Gen Myint Soe

Rangoon Station Commander

M

G111a

Brig-Gen Myo Myint Thein

Commandant, Defence Services Hospital Pyin Oo Lwin

M

G112a

Brig-Gen Sein Myint

Vice Chairman of Bago Division Peace and Development Council

M

G113a

Brig-Gen Hong Ngai

(Ngaing)

Chairman of Chin State Peace and Development Council

M’

| (8) | Under the heading ‘H. MILITARY OFFICERS RUNNING PRISONS AND POLICE’, the following entries shall be added in appropriate numerical order:








  No | Name | Identifying information (inc. function) | Sex (M/F) |
| --- | --- | --- | --- | --- |
| ‘H2b | Nwe Ni San | Wife of Zaw Win | F |
| H5a | Lt-Col Tin Thaw | Commander of Government Technical Institute | M |
| H6a | Maung Maung Oo | Head of Military Security Affairs interrogation team at Insein Prison | M |
| H7a | Myo Aung | Director of Rangoon Detention Facilities | M |
| H8a | Police Brig-Gen Zaw Win | Deputy Director of Police | M’ |

(8)

Under the heading ‘H. MILITARY OFFICERS RUNNING PRISONS AND POLICE’, the following entries shall be added in appropriate numerical order:

No

Name

Identifying information (inc. function)

Sex (M/F)

‘H2b

Nwe Ni San

Wife of Zaw Win

F

H5a

Lt-Col Tin Thaw

Commander of Government Technical Institute

M

H6a

Maung Maung Oo

Head of Military Security Affairs interrogation team at Insein Prison

M

H7a

Myo Aung

Director of Rangoon Detention Facilities

M

H8a

Police Brig-Gen Zaw Win

Deputy Director of Police

M’

| (9) | Under the heading ‘I. UNION SOLIDARITY AND DEVELOPMENT ASSOCIATION (USDA)’,








  No | Name | Identifying information (inc. function) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(9)

Under the heading ‘I. UNION SOLIDARITY AND DEVELOPMENT ASSOCIATION (USDA)’,

No

Name

Identifying information (inc. function)

Sex (M/F)

| (a) | the following entries shall be added in appropriate numerical order:








  ‘I7a | Soe Nyunt | Staff Officer Yangon East | M |
| --- | --- | --- | --- | --- |
| I8a | Chit Ko Ko | Chairman of the Peace and Development Council in Mingala Taungnyunt Township | M |
| I9a | Soe Hlaing Oo | Secretary of the Peace and Development Council in Mingala Taungnyunt Township | M |
| I10a | Captain Kan Win | Head of Mingala Taungnyunt Township Police Force | M |
| I11a | That Zin Thein | Head of Mingala Taungnyunt Development Affairs Committee | M |
| I12a | Khin Maung Myint | Head of Mingala Taungnyunt Immigration and Population Dept | M |
| I13a | Zaw Lin | Secretary Mingala Taungnyunt Township USDA | M |
| I14a | Win Hlaing | Joint Secretary Mingala Taungnyunt Township USDA | M |
| I15a | San San Kyaw | Staff Officer of the Information and Public Relations Department of the Ministry of Information in Mingala TaungnyuntTownship | F |
| I16a | Lt-Gen Myint Hlaing | Ministry of Defence and USDA Member | M’ |

(a)

the following entries shall be added in appropriate numerical order:

‘I7a

Soe Nyunt

Staff Officer Yangon East

M

I8a

Chit Ko Ko

Chairman of the Peace and Development Council in Mingala Taungnyunt Township

M

I9a

Soe Hlaing Oo

Secretary of the Peace and Development Council in Mingala Taungnyunt Township

M

I10a

Captain Kan Win

Head of Mingala Taungnyunt Township Police Force

M

I11a

That Zin Thein

Head of Mingala Taungnyunt Development Affairs Committee

M

I12a

Khin Maung Myint

Head of Mingala Taungnyunt Immigration and Population Dept

M

I13a

Zaw Lin

Secretary Mingala Taungnyunt Township USDA

M

I14a

Win Hlaing

Joint Secretary Mingala Taungnyunt Township USDA

M

I15a

San San Kyaw

Staff Officer of the Information and Public Relations Department of the Ministry of Information in Mingala TaungnyuntTownship

F

I16a

Lt-Gen Myint Hlaing

Ministry of Defence and USDA Member

M’

| (b) | The following entries shall be deleted:








  ‘I6a | Dr Chan Nyein | Executive Committee Member, d.o.b. 1944 | M’ |
| --- | --- | --- | --- | --- |

(b)

The following entries shall be deleted:

‘I6a

Dr Chan Nyein

Executive Committee Member, d.o.b. 1944

M’

| (10) | The heading ‘J. PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES’ is replaced by ‘J. PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES AND OTHER PERSONS ASSOCIATED WITH THE REGIME’








  No | Name | Identifying information (inc. Company) | Sex (M/F) |
| --- | --- | --- | --- | --- |

(10)

The heading ‘J. PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES’ is replaced by ‘J. PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES AND OTHER PERSONS ASSOCIATED WITH THE REGIME’

No

Name

Identifying information (inc. Company)

Sex (M/F)

| (a) | entries J1a, J2b, J3a, J6a, J7a and J11a shall be replaced by the following (changes shown in bold):








  ‘J1a | Tay Za | Managing Director, Htoo Trading Co; Htoo Construction Co., d.o.b. 18.7.1964; ID card MYGN 006415. Father: U Myint Swe (6.11.1924) Mother: Daw Ohn (12.8.1934) | M |
| --- | --- | --- | --- | --- |
| J2b | Shwe Shwe Lin | Wife of Thiha | F |
| J3a | Aung Ko Win a.k.a. Saya Kyaung | Kanbawza Bank also Myanmar Billion Group, Nilayoma Co. Ltd, East Yoma Co. Ltd and agent for London Cigarettes in Shan and Kayah States | M |
| J6a | Htay Myint | Yuzana Co., d.o.b. 6.2.1955, also Yuzana Supermarket, Yuzana Hotel | M |
| J7a | Kyaw Win | Shwe Thanlwin Trading Co. (sole distributors of Thaton Tires under Ministry of Industry 2) | M |
| J11a | Than Than Nwe | Wife of Gen Soe Win, former Prime Minister (deceased) | F’ |

(a)

entries J1a, J2b, J3a, J6a, J7a and J11a shall be replaced by the following (changes shown in bold):

‘J1a

Tay Za

Managing Director, Htoo Trading Co; Htoo Construction Co., d.o.b. 18.7.1964; ID card MYGN 006415. Father: U Myint Swe (6.11.1924) Mother: Daw Ohn (12.8.1934)

M

J2b

Shwe Shwe Lin

Wife of Thiha

F

J3a

Aung Ko Win a.k.a. Saya Kyaung

Kanbawza Bank also Myanmar Billion Group, Nilayoma Co. Ltd, East Yoma Co. Ltd and agent for London Cigarettes in Shan and Kayah States

M

J6a

Htay Myint

Yuzana Co., d.o.b. 6.2.1955, also Yuzana Supermarket, Yuzana Hotel

M

J7a

Kyaw Win

Shwe Thanlwin Trading Co. (sole distributors of Thaton Tires under Ministry of Industry 2)

M

J11a

Than Than Nwe

Wife of Gen Soe Win, former Prime Minister (deceased)

F’

| (b) | the following entries shall be added in appropriate numerical order:








  ‘J4c | Lo Hsing-han | Father of Tun Myint Naing aka Steven Law of Asia World | M |
| --- | --- | --- | --- | --- |
| J18a | Kyaw Thein | Financial Front Man for Tay Za’s Htoo Trading, d.o.b. 25.10.1947 | M |
| J19a | Kyaw Myint | Owner, Golden Flower Company | M |
| J20a | Nay Win Tun | CEO Ruby Dragon Jade and Gems Co. Ltd | M |
| J21a | Win Myint | President of the Union of Myanmar Federation of Chambers of Commerce and Industry and owner of Shwe Nagar Min Co | M |
| J22a | Eike Htun aka Ayke Htun | Managing Director of Olympic Construction Co. and Asia Wealth Bank | M |
| J23a | “Dagon” Win Aung | Dagon International Co. Ltd, d.o.b. 30.9.1953, p. o.b. Pyay, ID Card No: PRE 127435 | M |
| J23b | Moe Mya Mya | Wife of “Dagon” Win Aung, d.o.b. 28.8.1958, ID Card: B/RGN 021998 | F |
| J23c | Ei Hnin Pwint aka Christabelle Aung | Daughter of “Dagon” Win Aung, d.o.b. 22.2.1981, Director of Palm Beach Resort Ngwe Saung | F |
| J23d | Thurane (Thurein) Aung aka Christopher Aung | Son of “Dagon” Win Aung, d.o.b. 23.7.1982 | M |
| J23e | Ei Hnin Khine aka Christina Aung | Daughter of “Dagon” Win Aung, d.o.b. 18.12.1983 | F |
| J24a | Aung Myat | Mother Trading | M |
| J25a | Win Lwin | Kyaw Tha Company | M |
| J26a | Dr. Sai Sam Tun | Loi Hein Co. working in collaboration with Ministry of Industry No. 1 | M |
| J27a | San San Yee (Yi) | Super One Group of Companies | F |
| J28a | Aung Toe | Chief Justice | M |
| J29a | Aye Maung | Attorney General | M |
| J30a | Thaung Nyunt | Legal Adviser | M |
| J31a | Dr Tun Shin | Deputy Attorney General | M |
| J32a | Tun Tun Oo | Deputy Attorney General | M |
| J33a | Tun Tun Oo | Deputy Chief Justice | M |
| J34a | Thein Soe | Deputy Chief Justice | M |
| J35a | Tin Aung Aye | Supreme Court Judge | M |
| J36a | Tin Aye | Supreme Court Judge | M |
| J37a | Myint Thein | Supreme Court Judge | M |
| J38a | Chit Lwin | Supreme Court Judge | M |
| J39a | Judge Thaung Lwin | Kyauktada Township Court | M’ |

(b)

the following entries shall be added in appropriate numerical order:

‘J4c

Lo Hsing-han

Father of Tun Myint Naing aka Steven Law of Asia World

M

J18a

Kyaw Thein

Financial Front Man for Tay Za’s Htoo Trading, d.o.b. 25.10.1947

M

J19a

Kyaw Myint

Owner, Golden Flower Company

M

J20a

Nay Win Tun

CEO Ruby Dragon Jade and Gems Co. Ltd

M

J21a

Win Myint

President of the Union of Myanmar Federation of Chambers of Commerce and Industry and owner of Shwe Nagar Min Co

M

J22a

Eike Htun aka Ayke Htun

Managing Director of Olympic Construction Co. and Asia Wealth Bank

M

J23a

“Dagon” Win Aung

Dagon International Co. Ltd, d.o.b. 30.9.1953, p. o.b. Pyay, ID Card No: PRE 127435

M

J23b

Moe Mya Mya

Wife of “Dagon” Win Aung, d.o.b. 28.8.1958, ID Card: B/RGN 021998

F

J23c

Ei Hnin Pwint aka Christabelle Aung

Daughter of “Dagon” Win Aung, d.o.b. 22.2.1981, Director of Palm Beach Resort Ngwe Saung

F

J23d

Thurane (Thurein) Aung aka Christopher Aung

Son of “Dagon” Win Aung, d.o.b. 23.7.1982

M

J23e

Ei Hnin Khine aka Christina Aung

Daughter of “Dagon” Win Aung, d.o.b. 18.12.1983

F

J24a

Aung Myat

Mother Trading

M

J25a

Win Lwin

Kyaw Tha Company

M

J26a

Dr. Sai Sam Tun

Loi Hein Co. working in collaboration with Ministry of Industry No. 1

M

J27a

San San Yee (Yi)

Super One Group of Companies

F

J28a

Aung Toe

Chief Justice

M

J29a

Aye Maung

Attorney General

M

J30a

Thaung Nyunt

Legal Adviser

M

J31a

Dr Tun Shin

Deputy Attorney General

M

J32a

Tun Tun Oo

Deputy Attorney General

M

J33a

Tun Tun Oo

Deputy Chief Justice

M

J34a

Thein Soe

Deputy Chief Justice

M

J35a

Tin Aung Aye

Supreme Court Judge

M

J36a

Tin Aye

Supreme Court Judge

M

J37a

Myint Thein

Supreme Court Judge

M

J38a

Chit Lwin

Supreme Court Judge

M

J39a

Judge Thaung Lwin

Kyauktada Township Court

M’

| (c) | The following entries shall be deleted:








  ‘J1d | Myint Swe | Father of Tay Za, d.o.b. 6.11.1924 | M’ |
| --- | --- | --- | --- | --- |

(c)

The following entries shall be deleted:

‘J1d

Myint Swe

Father of Tay Za, d.o.b. 6.11.1924

M’

---

ANNEX II

Annex VII to Regulation (EC) No 194/2008 is amended as follows:

| Name | Address | Director/Owner/additional information | Date of listing |
| --- | --- | --- | --- |

Name

Address

Director/Owner/additional information

Date of listing

| (1) | Entry 4 under the section ‘I. UNION OF MYANMAR ECONOMIC HOLDING LTD.’, sub-heading ‘Joint Ventures’, ‘A. MANUFACTURING’, shall be replaced by the following (changes shown in bold):














  ‘4. | Myanmar Brewery Ltd. |
| --- | --- | --- |

(1)

Entry 4 under the section ‘I. UNION OF MYANMAR ECONOMIC HOLDING LTD.’, sub-heading ‘Joint Ventures’, ‘A. MANUFACTURING’, shall be replaced by the following (changes shown in bold):

‘4.

Myanmar Brewery Ltd.

No 45, No 3, Trunk Road Pyinmabin Industrial Zone, Mingalardon Tsp, Yangon

Lt-Col (Retired) Ne Win Maung Aye, Chairman

25.10.2004’

| (2) | A new section ‘III. GOVERNMENT OWNED COMMERCIAL ENTERPRISES’ shall be inserted following the section entitled ‘II. MYANMAR ECONOMIC CORPORATION (MEC)’, with the following entries:







  ‘III.   GOVERNMENT OWNED COMMERCIAL ENTERPRISES |
| --- | --- |
| 1. | Myanma Salt and Marine Chemicals Enterprise |

(2)

A new section ‘III. GOVERNMENT OWNED COMMERCIAL ENTERPRISES’ shall be inserted following the section entitled ‘II. MYANMAR ECONOMIC CORPORATION (MEC)’, with the following entries:

GOVERNMENT OWNED COMMERCIAL ENTERPRISES

1.

Myanma Salt and Marine Chemicals Enterprise

Thakayta Township, Yangon

Managing Director U Win Htain

(Ministry of Mines)

29.4.2008

| 2. | Myanma Electric Power Enterprise |
| --- | --- |

2.

Myanma Electric Power Enterprise

(Ministry of Electric Power 2)

29.4.2008

| 3. | Myanma Agricultural Produce Trading |
| --- | --- |

3.

Myanma Agricultural Produce Trading

Managing Director: Kyaw Htoo

(Ministry of Commerce)

29.4.2008

| 4. | Myanma Machine Tool and Electrical Industries |
| --- | --- |

4.

Myanma Machine Tool and Electrical Industries

Director: Win Tint

(Ministry of Industry 2)

29.4.2008

| 5. | Myanmar Tyre and Rubber Industries |
| --- | --- |

5.

Myanmar Tyre and Rubber Industries

(Ministry of Industry 2)

29.4.2008

| 6. | Myanmar Defence Products Industry |
| --- | --- |

6.

Myanmar Defence Products Industry

Ngyaung Chay Dauk

(Ministry of Defence)

29.4.2008

| 7. | Co-Operative Import Export Enterprise |
| --- | --- |

7.

Co-Operative Import Export Enterprise

(Ministry of Co-Operatives)

29.4.2008’

| (3) | The section ‘III. OTHERS’ shall become section ‘IV. OTHERS’ and the following entries shall be replaced with the entries below (changes shown in bold):














  ‘1. | Htoo Trading Co |
| --- | --- | --- |

(3)

The section ‘III. OTHERS’ shall become section ‘IV. OTHERS’ and the following entries shall be replaced with the entries below (changes shown in bold):

‘1.

Htoo Trading Co

5 Pyay Road, Hlaing Township, Yangon

Tay Za

10.3.2008

| 2. | Htoo Transportation Services |
| --- | --- |

2.

Htoo Transportation Services

Tay Za

10.3.2008

| 3. | Treasure Hotels and Resorts |
| --- | --- |

3.

Treasure Hotels and Resorts

No. 41, Shwe Taung Gyar Street, Bahan Township, Yangon

Tay Za

10.3.2008

| 4. | Aureum Palace Hotels And Resorts |
| --- | --- |

4.

Aureum Palace Hotels And Resorts

No. 41, Shwe Taung Gyar Street, Bahan Township, Yangon

Tay Za

10.3.2008

| 5. | Air Bagan |
| --- | --- |

5.

Air Bagan

No. 56, Shwe Taung Gyar Street, Bahan Township, Yangon

10.3.2008

| 6. | Myanmar Avia Export |
| --- | --- |

6.

Myanmar Avia Export

Tay Za

10.3.2008

| 7. | Kanbawza Bank |
| --- | --- |

7.

Kanbawza Bank

Head Office: 615/1 Pyay Road, Kamaryut, Township, Yangon

Aung Ko Win

10.3.2008

| 8. | Zaykabar Co |
| --- | --- |

8.

Zaykabar Co

3 Main Road, Mingalardon Garden City, Mingalardon, Yangon

Khin Shwe

10.3.2008

| 9. | Shwe Thanlwin Trading Co |
| --- | --- |

9.

Shwe Thanlwin Trading Co

262 Pazundaung Main Road Lower, Pazundaung, Yangon

Kyaw Win

10.3.2008

| 10. | Max Myanmar Co., Ltd |
| --- | --- |

10.

Max Myanmar Co., Ltd

1 Ywama Curve, Bayint Naung Road, Blk (2), Hlaing Township, Yangon

Chairman: U Zaw Zaw, Senior Executive Officer: U Than Zaw

10.3.2008

| 11. | Hsinmin Cement Plant Construction Project |
| --- | --- |

11.

Hsinmin Cement Plant Construction Project

Union of Myanmar Economic Holdings Ltd, Kyaukse

Col Aung San

10.3.2008

| 12. | Ayer Shwe Wa (Wah, War) |
| --- | --- |

12.

Ayer Shwe Wa (Wah, War)

5 Pyay Road, Hlaing Township, Yangon

Aung Thet Mann aka Shwe Mann Ko Ko

10.3.2008

| 13. | Myanmar Land And Development |
| --- | --- |

13.

Myanmar Land And Development

Col (Retired) Thant Zin

10.3.2008

| 14. | Eden Group of Companies |
| --- | --- |

14.

Eden Group of Companies

30-31 Shwe Padauk, Yeikmon Bayint Naung Road, Kamayut Tsp Yangon

Chit Khaing aka Chit Khine

10.3.2008

| 15. | Golden Flower Co., Ltd |
| --- | --- |

15.

Golden Flower Co., Ltd

214 Wardan Street, Lamadaw, Yangon

Managing Director: Aung Htwe, Owner: Kyaw Myint

10.3.2008

| 16. | Maung Weik Et Co., Ltd. |
| --- | --- |

16.

Maung Weik Et Co., Ltd.

334/344 2nd Floor, Anawratha Road, Bagan Bldg, Lamadaw, Yangon

Maung Weik

10.3.2008

| 17. | National Development Company Ltd. |
| --- | --- |

17.

National Development Company Ltd.

3/A Thathumar Rd, Cor of Waizayantar Road, Thingangyun, Yangon

10.3.2008

| 18. | A1 Construction And Trading Co., Ltd |
| --- | --- |

18.

A1 Construction And Trading Co., Ltd

| 41 Nawady St, Alfa Hotel Building, Dagon, Yangon |
| --- |
| Tel: 00-95-1-241905/245323/254812 |
| Fax: 00 95 1 252806 |
| Email: aone@mptmail.net.mm |

41 Nawady St, Alfa Hotel Building, Dagon, Yangon

Tel: 00-95-1-241905/245323/254812

Fax: 00 95 1 252806

Email: aone@mptmail.net.mm

Managing Director U Yan Win

10.3.2008

| 19. | Asia World Co., Ltd |
| --- | --- |

19.

Asia World Co., Ltd

6062 Wardan Street, Bahosi Development, Lamadaw, Yangon

Tun Myint Naing aka Steven Law

(J4a, Annex VI)

10.3.2008

| 20. | Yuzana Co., Ltd |
| --- | --- |

20.

Yuzana Co., Ltd

No 130 Yuzana Centre, Shwegondaing Road, Bahan Township, Yangon

Chairman/Director: Htay Myint

10.3.2008

| 21. | Yuzana Construction |
| --- | --- |

21.

Yuzana Construction

No 130 Yuzana Centre, Shwegondaing Road, Bahan Township, Yangon

Chairman/Director: Htay Myint

10.3.2008

| 22. | Myangonmyint Co (enterprise held by the USDA)’ |
| --- | --- |

22.

Myangonmyint Co (enterprise held by the USDA)’

| (4) | Under the heading ‘IV. OTHERS’, the following entries are added:














  ‘23. | Htoo Furniture, aka Htoo Wood Products, aka Htoo Wood based Industry, aka Htoo Wood |
| --- | --- | --- |

(4)

Under the heading ‘IV. OTHERS’, the following entries are added:

‘23.

Htoo Furniture, aka Htoo Wood Products, aka Htoo Wood based Industry, aka Htoo Wood

21 Thukha Waddy Rd, Yankin Township, Yangon

Tay Za

29.4.2008

| 24. | Pavo Aircraft Leasing PTE Ltd aka Pavo Trading Pte Ltd. |
| --- | --- |

24.

Pavo Aircraft Leasing PTE Ltd aka Pavo Trading Pte Ltd.

Tay Za

29.4.2008

| 25. | Subsidiaries of Asia World:






  — | Asia World Industries; |
| --- | --- | --- |

25.

Subsidiaries of Asia World:

—

Asia World Industries;

| — | Asia Light Co. Ltd.; |
| --- | --- |

—

Asia Light Co. Ltd.;

| — | Asia World Port Management Co.; |
| --- | --- |

—

Asia World Port Management Co.;

| — | Ahlon Warves. |
| --- | --- |

—

Ahlon Warves.

Chairman/Director: Tun Myint Naing aka Steven Law (J4a, Annex VI)

29.4.2008

| 26. | Dagon International/Dagon Timber Ltd |
| --- | --- |

26.

Dagon International/Dagon Timber Ltd

262-264 Pyay Road, Dagon Centre, Sanchaung, Yangon

Directors: “Dagon” Win Aung and Daw Moe Mya Mya

29.4.2008

| 27. | Palm Beach Resort |
| --- | --- |

27.

Palm Beach Resort

Ngwe Saung

Owned by Dagon International. Directors, “Dagon” Win Aung, Daw Moe Mya Mya and Ei Hnin Pwint @ Chistabelle Aung

29.4.2008

| 28. | IGE Co Ltd |
| --- | --- |

28.

IGE Co Ltd

| No.27-B, Kaba Aye Pagoda Road, Bahan Township, Yangon |
| --- |
| Tel: 95-1-558266 |
| Fax: 95-1-555369 |

No.27-B, Kaba Aye Pagoda Road, Bahan Township, Yangon

Tel: 95-1-558266

Fax: 95-1-555369

and

| No.H-11, Naypyitaw, Naypuitaw |
| --- |
| Tel: 95-67-41-4211 |

No.H-11, Naypyitaw, Naypuitaw

Tel: 95-67-41-4211

Directors Nay Aung (D17e Annex VI) and Pyi (Pye) Aung (D17g Annex VI) and Managing Director Win Kyaing

29.4.2008

| 29. | Mother Trading and Construction |
| --- | --- |

29.

Mother Trading and Construction

77/78, Wadan Street, Bahosi Ward, Lanmadaw, Yangon Tel: 95-1-21-0514 Email: mother.trade@mptmail.net.mm

Director Aung Myat

29.4.2008

| 30. | Kyaw Tha Company and Kyaw Tha Construction Group |
| --- | --- |

30.

Kyaw Tha Company and Kyaw Tha Construction Group

No. 98, 50th Street, Pazundaung Township, Yangon Tel: 95-1-296733 Fax: 95-1-296914 Email: kyawtha.wl@mptmail.net.mm Website: http://www.kyawtha.com

Director U Win Lwin and Managing Director Maung Aye

29.4.2008

| 31. | Ye Ta Khun (Yetagun) Construction Group |
| --- | --- |

31.

Ye Ta Khun (Yetagun) Construction Group

Yuzana Plaza West, Tamwe Township Yangon

Owner Aung Zaw Ye Myint (A9d Annex VI) son of General Ye Myint (A9a)

29.4.2008

| 32. | J’s Donuts |
| --- | --- |

32.

J’s Donuts

| 26-28 Lanmadaw Street Lanmadaw Tsp, Yangon |
| --- |
| Tel: 95-1-710242 |

26-28 Lanmadaw Street Lanmadaw Tsp, Yangon

Tel: 95-1-710242

| Junction 8 Shopping Centre 8th Mile; Mayangon Tsp; Yangon |
| --- |
| Tel: 95-1-650771 |

Junction 8 Shopping Centre 8th Mile; Mayangon Tsp; Yangon

Tel: 95-1-650771

| (2nd Floor.) Yuzana Plaza Banyar Dala Road, Mingalar Taung Nyunt Tsp, Yangon |
| --- |
| Tel: 95-1-200747 |

(2nd Floor.) Yuzana Plaza Banyar Dala Road, Mingalar Taung Nyunt Tsp, Yangon

Tel: 95-1-200747

| 173-175 Pansodan Street, Kyauktada Tsp, Yangon |
| --- |
| Tel: 95-1-287525 |

173-175 Pansodan Street, Kyauktada Tsp, Yangon

Tel: 95-1-287525

| 381-383 Near Bogyoke Aung San Market Shwebontha Street, Pabedan Tsp, Yangon |
| --- |
| Tel: 95-1-243178 |

381-383 Near Bogyoke Aung San Market Shwebontha Street, Pabedan Tsp, Yangon

Tel: 95-1-243178

Owner: Kyaing San Shwe (A1h Annex VI) son of Senior General Than Shwe (A1a)

29.4.2008

| 33. | Sun Tac or Sun Tec Suntac Int'l Trading Co., Ltd. |
| --- | --- |

33.

Sun Tac or Sun Tec Suntac Int'l Trading Co., Ltd.

151 (B) Thiri Mingalar Lane Mayangon Township, Yangon Tel: 01-650021 654463

Owner: Sit Taing Aung son of Aung Phone

29.4.2008

| 34. | (MMS) Min Min Soe Group of Companies |
| --- | --- |

34.

(MMS) Min Min Soe Group of Companies

23-A, Inya Myaing Street, Bahan Tsp. Tel: 95-1-511098, 514262 Email: mms@mptmail.net.mm

Shareholder Kyaw Myo Nyunt (J10c Annex VI) son of Gen Nyunt Tin, Minister of Agriculture (Retired) (J10a Annex VI)

29.4.2008

| 35. | Myanmar Information and Communication Technology aka Myanmar Infotech |
| --- | --- |

35.

Myanmar Information and Communication Technology aka Myanmar Infotech

MICT Park, Hlaing University Campus

Part Owner: Aung Soe Tha (D22e Annex VI)

29.4.2008

| 36. | MNT (Myanmar New Technology) |
| --- | --- |

36.

MNT (Myanmar New Technology)

Owner: Yin Win Thu, Partner Nandar Aye (A2c Annex VI)

29.4.2008

| 37. | Forever Group |
| --- | --- |

37.

Forever Group

No (14 02/03), Olympic Tower I, Corner of Boaungkyaw Street and Mahabandoola Street, Kyauktada Township, Yangon. Tel: 95-1-204013, 95-1-204107 Email: forevergroup@mptmail.net.mm

Managing Director: Daw Khin Khin Lay

Member of Board of Directors: U Khin Maung Htay

Senior Manager U Kyaw Kyaw

29.4.2008’

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/17 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/17

---

COMMISSION REGULATION (EC) No 386/2008

of 29 April 2008

fixing the export refunds on milk and milk products

THE COMMISSION OF THE EUROPEAN COMMUNITIES

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1255/1999 of 17 May 1999 on the common organisation of the market in milk and milk products (1), and in particular Article 31(3) thereof,

Whereas:

| (1) | Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund. |
| --- | --- |

(1)

Article 31(1) of Regulation (EC) No 1255/1999 provides that the difference between prices on the world market for the products listed in Article 1 of that Regulation and prices for those products on the Community market may be covered by an export refund.

| (2) | Given the present situation on the market in milk and milk products, no export refunds should therefore be fixed. |
| --- | --- |

(2)

Given the present situation on the market in milk and milk products, no export refunds should therefore be fixed.

| (3) | The Agreement on Trade, Development and Cooperation between the European Community and its Member States (TDCA), of the one part, and the Republic of South Africa, of the other part, approved by Council Decision 2004/441/EC (2) entered into force on 1 May 2004. In the context of negotiations on accelerated trade liberalisation of cheeses between the European Community and South Africa, it has been convened that the cheese traded by both parties should not benefit from any export refunds. |
| --- | --- |

(3)

The Agreement on Trade, Development and Cooperation between the European Community and its Member States (TDCA), of the one part, and the Republic of South Africa, of the other part, approved by Council Decision 2004/441/EC (2) entered into force on 1 May 2004. In the context of negotiations on accelerated trade liberalisation of cheeses between the European Community and South Africa, it has been convened that the cheese traded by both parties should not benefit from any export refunds.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Milk and Milk Products,

HAS ADOPTED THIS REGULATION:

Article 1

No export refunds as provided for in Article 31 of Regulation (EC) No 1255/1999 shall be granted on the products set out in the Annex to this Regulation.

Article 2

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 Member States.

Done at Brussels, 29 April 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 160, 26.6.1999, p. 48. Regulation as last amended by Regulation (EC) No 1152/2007 (OJ L 258, 4.10.2007, p. 3). Regulation (EC) No 1255/1999 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 July 2008.

1

(2)  OJ L 127, 29.4.2004, p. 109.

2

---

ANNEX

Export refunds on milk and milk products applicable from 30 April 2008

| Product code | Destination | Unit of measurement | Refunds |
| --- | --- | --- | --- |
| 0401 30 31 9100 | L20 | EUR/100 kg | — |
| 0401 30 31 9400 | L20 | EUR/100 kg | — |
| 0401 30 31 9700 | L20 | EUR/100 kg | — |
| 0401 30 39 9100 | L20 | EUR/100 kg | — |
| 0401 30 39 9400 | L20 | EUR/100 kg | — |
| 0401 30 39 9700 | L20 | EUR/100 kg | — |
| 0401 30 91 9100 | L20 | EUR/100 kg | — |
| 0401 30 99 9100 | L20 | EUR/100 kg | — |
| 0401 30 99 9500 | L20 | EUR/100 kg | — |
| 0402 10 11 9000 | L20 (1) | EUR/100 kg | — |
| 0402 10 19 9000 | L20 (1) | EUR/100 kg | — |
| 0402 10 99 9000 | L20 | EUR/100 kg | — |
| 0402 21 11 9200 | L20 | EUR/100 kg | — |
| 0402 21 11 9300 | L20 | EUR/100 kg | — |
| 0402 21 11 9500 | L20 | EUR/100 kg | — |
| 0402 21 11 9900 | L20 (1) | EUR/100 kg | — |
| 0402 21 17 9000 | L20 | EUR/100 kg | — |
| 0402 21 19 9300 | L20 | EUR/100 kg | — |
| 0402 21 19 9500 | L20 | EUR/100 kg | — |
| 0402 21 19 9900 | L20 (1) | EUR/100 kg | — |
| 0402 21 91 9100 | L20 | EUR/100 kg | — |
| 0402 21 91 9200 | L20 (1) | EUR/100 kg | — |
| 0402 21 91 9350 | L20 | EUR/100 kg | — |
| 0402 21 99 9100 | L20 | EUR/100 kg | — |
| 0402 21 99 9200 | L20 (1) | EUR/100 kg | — |
| 0402 21 99 9300 | L20 | EUR/100 kg | — |
| 0402 21 99 9400 | L20 | EUR/100 kg | — |
| 0402 21 99 9500 | L20 | EUR/100 kg | — |
| 0402 21 99 9600 | L20 | EUR/100 kg | — |
| 0402 21 99 9700 | L20 | EUR/100 kg | — |
| 0402 29 15 9200 | L20 | EUR/100 kg | — |
| 0402 29 15 9300 | L20 | EUR/100 kg | — |
| 0402 29 15 9500 | L20 | EUR/100 kg | — |
| 0402 29 19 9300 | L20 | EUR/100 kg | — |
| 0402 29 19 9500 | L20 | EUR/100 kg | — |
| 0402 29 19 9900 | L20 | EUR/100 kg | — |
| 0402 29 99 9100 | L20 | EUR/100 kg | — |
| 0402 29 99 9500 | L20 | EUR/100 kg | — |
| 0402 91 11 9370 | L20 | EUR/100 kg | — |
| 0402 91 19 9370 | L20 | EUR/100 kg | — |
| 0402 91 31 9300 | L20 | EUR/100 kg | — |
| 0402 91 39 9300 | L20 | EUR/100 kg | — |
| 0402 91 99 9000 | L20 | EUR/100 kg | — |
| 0402 99 11 9350 | L20 | EUR/100 kg | — |
| 0402 99 19 9350 | L20 | EUR/100 kg | — |
| 0402 99 31 9300 | L20 | EUR/100 kg | — |
| 0403 90 11 9000 | L20 | EUR/100 kg | — |
| 0403 90 13 9200 | L20 | EUR/100 kg | — |
| 0403 90 13 9300 | L20 | EUR/100 kg | — |
| 0403 90 13 9500 | L20 | EUR/100 kg | — |
| 0403 90 13 9900 | L20 | EUR/100 kg | — |
| 0403 90 33 9400 | L20 | EUR/100 kg | — |
| 0403 90 59 9310 | L20 | EUR/100 kg | — |
| 0403 90 59 9340 | L20 | EUR/100 kg | — |
| 0403 90 59 9370 | L20 | EUR/100 kg | — |
| 0404 90 21 9120 | L20 | EUR/100 kg | — |
| 0404 90 21 9160 | L20 | EUR/100 kg | — |
| 0404 90 23 9120 | L20 | EUR/100 kg | — |
| 0404 90 23 9130 | L20 | EUR/100 kg | — |
| 0404 90 23 9140 | L20 | EUR/100 kg | — |
| 0404 90 23 9150 | L20 | EUR/100 kg | — |
| 0404 90 81 9100 | L20 | EUR/100 kg | — |
| 0404 90 83 9110 | L20 | EUR/100 kg | — |
| 0404 90 83 9130 | L20 | EUR/100 kg | — |
| 0404 90 83 9150 | L20 | EUR/100 kg | — |
| 0404 90 83 9170 | L20 | EUR/100 kg | — |
| 0405 10 11 9500 | L20 | EUR/100 kg | — |
| 0405 10 11 9700 | L20 | EUR/100 kg | — |
| 0405 10 19 9500 | L20 | EUR/100 kg | — |
| 0405 10 19 9700 | L20 | EUR/100 kg | — |
| 0405 10 30 9100 | L20 | EUR/100 kg | — |
| 0405 10 30 9300 | L20 | EUR/100 kg | — |
| 0405 10 30 9700 | L20 | EUR/100 kg | — |
| 0405 10 50 9500 | L20 | EUR/100 kg | — |
| 0405 10 50 9700 | L20 | EUR/100 kg | — |
| 0405 10 90 9000 | L20 | EUR/100 kg | — |
| 0405 20 90 9500 | L20 | EUR/100 kg | — |
| 0405 20 90 9700 | L20 | EUR/100 kg | — |
| 0405 90 10 9000 | L20 | EUR/100 kg | — |
| 0405 90 90 9000 | L20 | EUR/100 kg | — |
| 0406 10 20 9640 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 10 20 9650 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 10 20 9830 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 10 20 9850 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 20 90 9913 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 20 90 9915 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 20 90 9917 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 20 90 9919 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 31 9730 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 31 9930 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 31 9950 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 39 9500 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 39 9700 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 39 9930 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 30 39 9950 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 40 50 9000 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 40 90 9000 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 13 9000 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 15 9100 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 17 9100 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 21 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 23 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 25 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 27 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 32 9119 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 35 9190 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 35 9990 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 37 9000 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 61 9000 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 63 9100 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 63 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 69 9910 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 73 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 75 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 76 9300 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 76 9400 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 76 9500 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 78 9100 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 78 9300 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 79 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 81 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 85 9930 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 85 9970 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 86 9200 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 86 9400 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 86 9900 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9300 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9400 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9951 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9971 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9973 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9974 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9975 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 87 9979 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 88 9300 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| 0406 90 88 9500 | L04 | EUR/100 kg | — |
| L40 | EUR/100 kg | — |
| The destinations are defined as follows:







  L20 | : | All destinations with the exception of:






  (a) | third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America; |

Product code

Destination

Unit of measurement

Refunds

0401 30 31 9100

L20

EUR/100 kg

—

0401 30 31 9400

L20

EUR/100 kg

—

0401 30 31 9700

L20

EUR/100 kg

—

0401 30 39 9100

L20

EUR/100 kg

—

0401 30 39 9400

L20

EUR/100 kg

—

0401 30 39 9700

L20

EUR/100 kg

—

0401 30 91 9100

L20

EUR/100 kg

—

0401 30 99 9100

L20

EUR/100 kg

—

0401 30 99 9500

L20

EUR/100 kg

—

0402 10 11 9000

L20 (1)

EUR/100 kg

—

0402 10 19 9000

L20 (1)

EUR/100 kg

—

0402 10 99 9000

L20

EUR/100 kg

—

0402 21 11 9200

L20

EUR/100 kg

—

0402 21 11 9300

L20

EUR/100 kg

—

0402 21 11 9500

L20

EUR/100 kg

—

0402 21 11 9900

L20 (1)

EUR/100 kg

—

0402 21 17 9000

L20

EUR/100 kg

—

0402 21 19 9300

L20

EUR/100 kg

—

0402 21 19 9500

L20

EUR/100 kg

—

0402 21 19 9900

L20 (1)

EUR/100 kg

—

0402 21 91 9100

L20

EUR/100 kg

—

0402 21 91 9200

L20 (1)

EUR/100 kg

—

0402 21 91 9350

L20

EUR/100 kg

—

0402 21 99 9100

L20

EUR/100 kg

—

0402 21 99 9200

L20 (1)

EUR/100 kg

—

0402 21 99 9300

L20

EUR/100 kg

—

0402 21 99 9400

L20

EUR/100 kg

—

0402 21 99 9500

L20

EUR/100 kg

—

0402 21 99 9600

L20

EUR/100 kg

—

0402 21 99 9700

L20

EUR/100 kg

—

0402 29 15 9200

L20

EUR/100 kg

—

0402 29 15 9300

L20

EUR/100 kg

—

0402 29 15 9500

L20

EUR/100 kg

—

0402 29 19 9300

L20

EUR/100 kg

—

0402 29 19 9500

L20

EUR/100 kg

—

0402 29 19 9900

L20

EUR/100 kg

—

0402 29 99 9100

L20

EUR/100 kg

—

0402 29 99 9500

L20

EUR/100 kg

—

0402 91 11 9370

L20

EUR/100 kg

—

0402 91 19 9370

L20

EUR/100 kg

—

0402 91 31 9300

L20

EUR/100 kg

—

0402 91 39 9300

L20

EUR/100 kg

—

0402 91 99 9000

L20

EUR/100 kg

—

0402 99 11 9350

L20

EUR/100 kg

—

0402 99 19 9350

L20

EUR/100 kg

—

0402 99 31 9300

L20

EUR/100 kg

—

0403 90 11 9000

L20

EUR/100 kg

—

0403 90 13 9200

L20

EUR/100 kg

—

0403 90 13 9300

L20

EUR/100 kg

—

0403 90 13 9500

L20

EUR/100 kg

—

0403 90 13 9900

L20

EUR/100 kg

—

0403 90 33 9400

L20

EUR/100 kg

—

0403 90 59 9310

L20

EUR/100 kg

—

0403 90 59 9340

L20

EUR/100 kg

—

0403 90 59 9370

L20

EUR/100 kg

—

0404 90 21 9120

L20

EUR/100 kg

—

0404 90 21 9160

L20

EUR/100 kg

—

0404 90 23 9120

L20

EUR/100 kg

—

0404 90 23 9130

L20

EUR/100 kg

—

0404 90 23 9140

L20

EUR/100 kg

—

0404 90 23 9150

L20

EUR/100 kg

—

0404 90 81 9100

L20

EUR/100 kg

—

0404 90 83 9110

L20

EUR/100 kg

—

0404 90 83 9130

L20

EUR/100 kg

—

0404 90 83 9150

L20

EUR/100 kg

—

0404 90 83 9170

L20

EUR/100 kg

—

0405 10 11 9500

L20

EUR/100 kg

—

0405 10 11 9700

L20

EUR/100 kg

—

0405 10 19 9500

L20

EUR/100 kg

—

0405 10 19 9700

L20

EUR/100 kg

—

0405 10 30 9100

L20

EUR/100 kg

—

0405 10 30 9300

L20

EUR/100 kg

—

0405 10 30 9700

L20

EUR/100 kg

—

0405 10 50 9500

L20

EUR/100 kg

—

0405 10 50 9700

L20

EUR/100 kg

—

0405 10 90 9000

L20

EUR/100 kg

—

0405 20 90 9500

L20

EUR/100 kg

—

0405 20 90 9700

L20

EUR/100 kg

—

0405 90 10 9000

L20

EUR/100 kg

—

0405 90 90 9000

L20

EUR/100 kg

—

0406 10 20 9640

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 10 20 9650

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 10 20 9830

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 10 20 9850

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 20 90 9913

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 20 90 9915

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 20 90 9917

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 20 90 9919

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 31 9730

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 31 9930

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 31 9950

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 39 9500

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 39 9700

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 39 9930

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 30 39 9950

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 40 50 9000

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 40 90 9000

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 13 9000

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 15 9100

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 17 9100

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 21 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 23 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 25 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 27 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 32 9119

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 35 9190

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 35 9990

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 37 9000

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 61 9000

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 63 9100

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 63 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 69 9910

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 73 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 75 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 76 9300

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 76 9400

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 76 9500

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 78 9100

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 78 9300

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 79 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 81 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 85 9930

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 85 9970

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 86 9200

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 86 9400

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 86 9900

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9300

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9400

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9951

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9971

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9973

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9974

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9975

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 87 9979

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 88 9300

L04

EUR/100 kg

—

L40

EUR/100 kg

—

0406 90 88 9500

L04

EUR/100 kg

—

L40

EUR/100 kg

—

The destinations are defined as follows:

L20

:

All destinations with the exception of:

(a)

third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar

L04

:

Albania, Bosnia and Herzegovina, Serbia (), Montenegro and the former Yugoslav Republic of Macedonia.

L40

:

All destinations with the exception of:

| (a) | third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa; |
| --- | --- |

(a)

third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar. |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

---

(1)  As for the relevant products intended for exports to Dominican Republic under the quota 2008/2009 referred to in the Decision 98/486/EC, and complying with the conditions laid down in Chapter III, Section 3 of Regulation (EC) No 1282/2006, the following rates should apply:

| (a) | products falling within CN codes 0402 10 11 9000 and 0402 10 19 9000 |
| --- | --- |

(a)

products falling within CN codes 0402 10 11 9000 and 0402 10 19 9000

0,00 EUR/100 kg

| (b) | products falling within CN codes 0402 21 11 9900, 0402 21 19 9900, 0402 21 91 9200 and 0402 21 99 9200 |
| --- | --- |

(b)

products falling within CN codes 0402 21 11 9900, 0402 21 19 9900, 0402 21 91 9200 and 0402 21 99 9200

0,00 EUR/100 kg

The destinations are defined as follows:

| L20 | : | All destinations with the exception of:






  (a) | third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America; |
| --- | --- | --- | --- |

L20

:

All destinations with the exception of:

(a)

third countries: Andorra, Holy See (Vatican City State), Liechtenstein and the United States of America;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar

L04

:

Albania, Bosnia and Herzegovina, Serbia (), Montenegro and the former Yugoslav Republic of Macedonia.

L40

:

All destinations with the exception of:

| (a) | third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa; |
| --- | --- |

(a)

third countries: L04, Andorra, Iceland, Liechtenstein, Norway, Switzerland, Holy See (Vatican City State), the United States of America, Croatia, Turkey, Australia, Canada, New Zealand and South Africa;

| (b) | territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control; |
| --- | --- |

(b)

territories of the EU Member States not forming part of the customs territory of the Community: the Faeroe Islands, Greenland, Heligoland, Ceuta, Melilla, the Communes of Livigno and Campione d'Italia, and the areas of the Republic of Cyprus in which the Government of the Republic of Cyprus does not exercise effective control;

| (c) | European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar. |
| --- | --- |

(c)

European territories for whose external relations a Member State is responsible and not forming part of the customs territory of the Community: Gibraltar.

(2)  Including Kosovo, under the aegis of the United Nations, pursuant to UN Security Council Resolution 1244 of 10 June 1999.

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/21 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/21

---

COMMISSION REGULATION (EC) No 387/2008

of 29 April 2008

amending the representative prices and additional duties for the import of certain products in the sugar sector fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 318/2006 of 20 February 2006 on the common organisation of the markets in the sugar sector (1),

Having regard to Commission Regulation (EC) No 951/2006 of 30 June 2006 laying down detailed rules for the implementation of Council Regulation (EC) No 318/2006 as regards trade with third countries in the sugar sector (2), and in particular of the Article 36,

Whereas:

| (1) | The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 350/2008 (4). |
| --- | --- |

(1)

The representative prices and additional duties applicable to imports of white sugar, raw sugar and certain syrups for the 2007/08 marketing year are fixed by Commission Regulation (EC) No 1109/2007 (3). These prices and duties have been last amended by Commission Regulation (EC) No 350/2008 (4).

| (2) | The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006, |
| --- | --- |

(2)

The data currently available to the Commission indicate that the said amounts should be changed in accordance with the rules and procedures laid down in Regulation (EC) No 951/2006,

HAS ADOPTED THIS REGULATION:

Article 1

The representative prices and additional duties on imports of the products referred to in Article 36 of Regulation (EC) No 951/2006, as fixed by Regulation (EC) No 1109/2007 for the 2007/08 marketing year are hereby amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on 30 April 2008.

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

Done at Brussels, 29 April 2008.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  OJ L 58, 28.2.2006, p. 1. Regulation as last amended by Regulation (EC) No 1260/2007 (OJ L 283, 27.10.2007, p. 1). Regulation (EC) No 318/2006 will be replaced by Regulation (EC) No 1234/2007 (OJ L 299, 16.11.2007, p. 1) as from 1 October 2008.

1

(2)  OJ L 178, 1.7.2006, p. 24. Regulation as last amended by Regulation (EC) No 1568/2007 (OJ L 340, 22.12.2007, p. 62).

2

(3)  OJ L 253, 28.9.2007, p. 5.

3

(4)  OJ L 109, 19.4.2008, p. 5.

4

---

ANNEX

Amended representative prices and additional duties applicable to imports of white sugar, raw sugar and products covered by CN code 1702 90 95 applicable from 30 April 2008

| (EUR) |
| --- |
| CN code | Representative price per 100 kg of the product concerned | Additional duty per 100 kg of the product concerned |
| 1701 11 10 (1) | 21,18 | 5,71 |
| 1701 11 90 (1) | 21,18 | 11,12 |
| 1701 12 10 (1) | 21,18 | 5,52 |
| 1701 12 90 (1) | 21,18 | 10,60 |
| 1701 91 00 (2) | 21,72 | 15,20 |
| 1701 99 10 (2) | 21,72 | 9,85 |
| 1701 99 90 (2) | 21,72 | 9,85 |
| 1702 90 95 (3) | 0,22 | 0,42 |

(EUR)

CN code

Representative price per 100 kg of the product concerned

Additional duty per 100 kg of the product concerned

1701 11 10 (1)

21,18

5,71

1701 11 90 (1)

21,18

11,12

1701 12 10 (1)

21,18

5,52

1701 12 90 (1)

21,18

10,60

1701 91 00 (2)

21,72

15,20

1701 99 10 (2)

21,72

9,85

1701 99 90 (2)

21,72

9,85

1702 90 95 (3)

0,22

0,42

---

(1)  Fixed for the standard quality defined in Annex I.III to Council Regulation (EC) No 318/2006 (OJ L 58, 28.2.2006, p. 1).

(2)  Fixed for the standard quality defined in Annex I.II to Regulation (EC) No 318/2006.

(3)  Fixed per 1 % sucrose content.

---

II Acts adopted under the EC Treaty/Euratom Treaty whose publication is not obligatory

DECISIONS

Council

| 30.4.2008 | EN | Official Journal of the European Union | L 116/23 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/23

---

COUNCIL DECISION

of 29 April 2008

amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

(2008/342/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

| (1) | On 20 December 2007, the Council adopted Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and establishing an updated list of persons and entities to which that Regulation applies. |
| --- | --- |

(1)

On 20 December 2007, the Council adopted Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism, and establishing an updated list of persons and entities to which that Regulation applies.

| (2) | The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, and the list should be adapted accordingly, |
| --- | --- |

(2)

The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies, and the list should be adapted accordingly,

HAS DECIDED AS FOLLOWS:

Article 1

The persons listed in the Annex to this Decision shall be removed from the list annexed to Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Decision 2007/868/EC (OJ L 340, 22.12.2007, p. 100).

1

---

ANNEX

List of persons referred to in Article 1 of this Decision

| 1. | AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB) |
| --- | --- |

1.

AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB)

| 2. | AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL) |
| --- | --- |

2.

AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL)

| 3. | BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB) |
| --- | --- |

3.

BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB)

| 4. | EL MORABIT, Mohamed |
| --- | --- |

4.

EL MORABIT, Mohamed

| 5. | ETTOUMI, Youssef (a.k.a. Youssef TOUMI) |
| --- | --- |

5.

ETTOUMI, Youssef (a.k.a. Youssef TOUMI)

| 6. | HAMDI, Ahmed (a.k.a. Abu IBRAHIM) |
| --- | --- |

6.

HAMDI, Ahmed (a.k.a. Abu IBRAHIM)

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/25 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/25

---

COUNCIL DECISION

of 29 April 2008

amending Decision 2007/868/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism

(2008/343/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism (1), and in particular Article 2(3) thereof,

Whereas:

| (1) | On 20 December 2007, the Council adopted Decision 2007/868/EC (2). |
| --- | --- |

(1)

On 20 December 2007, the Council adopted Decision 2007/868/EC (2).

| (2) | On 25 February 2008, the Council provided to Mr Jose Maria SISON an updated statement of reasons for maintaining him on the list of persons, groups and entities subject to the restrictive measures provided for under Regulation (EC) No 2580/2001 and invited Mr SISON to present his observations thereon within one month. Mr SISON submitted observations to the Council by letter dated 24 March 2008, which the Council has considered. |
| --- | --- |

(2)

On 25 February 2008, the Council provided to Mr Jose Maria SISON an updated statement of reasons for maintaining him on the list of persons, groups and entities subject to the restrictive measures provided for under Regulation (EC) No 2580/2001 and invited Mr SISON to present his observations thereon within one month. Mr SISON submitted observations to the Council by letter dated 24 March 2008, which the Council has considered.

| (3) | The Council has concluded that Mr SISON has been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (3) and that decisions have been taken in respect of Mr SISON by a competent national authority within the meaning of Article 1(4) of that Common Position. The Council has also concluded that the entries for Mr SISON and for the Communist Party of the Philippines on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be amended so as to reflect the updated statement of reasons. |
| --- | --- |

(3)

The Council has concluded that Mr SISON has been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (3) and that decisions have been taken in respect of Mr SISON by a competent national authority within the meaning of Article 1(4) of that Common Position. The Council has also concluded that the entries for Mr SISON and for the Communist Party of the Philippines on the list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies should be amended so as to reflect the updated statement of reasons.

| (4) | The Council therefore considers that Mr SISON should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001, |
| --- | --- |

(4)

The Council therefore considers that Mr SISON should continue to be subject to the specific restrictive measures provided for in Regulation (EC) No 2580/2001,

HAS DECIDED AS FOLLOWS:

Article 1

In the Annex to Decision 2007/868/EC, the entry for Mr SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma), shall be replaced by the following:

‘SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a. Joma), born 8.2.1939 in Cabugao (Philippines) — person playing a leading role in the “Communist Party of the Philippines”, including the “NPA” ’.

Article 2

In the Annex to Decision 2007/868/EC the entry for the Communist Party of the Philippines shall be replaced by the following:

‘ “Communist Party of the Philippines”, including the “New People’s Army” — “NPA”, Philippines, linked to SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a. Joma, who plays a leading role in the “Communist Party of the Philippines”, including the “NPA”)’.

Article 3

This Decision shall take effect on the date of its publication in the Official Journal of the European Union.

Official Journal of the European Union

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Decision 2007/868/EC (OJ L 340, 22.12.2007, p. 100).

1

(2)  OJ L 340, 22.12.2007, p. 100.

2

(3)  OJ L 344, 28.12.2001, p. 93. Common Position as last amended by Common Position 2007/871/CFSP (OJ L 340, 22.12.2007, p. 109).

3

---

Commission

| 30.4.2008 | EN | Official Journal of the European Union | L 116/26 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/26

---

COMMISSION DECISION

of 23 October 2007

on State Aid C 23/06 (ex NN 35/06) which Poland has implemented for steel producer Technologie Buczek Group

(notified under document number C(2007) 5087)

(Only the Polish version is authentic)

(Text with EEA relevance)

(2008/344/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular the first subparagraph of Article 88(2) thereof,

Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a),

Having regard to Protocol No 8 of the Accession Treaty on the restructuring of the Polish steel industry (1) (hereinafter referred to as ‘Protocol No 8’),

Having called on interested parties to submit their comments pursuant to the provisions cited above (2),

Whereas:

I.   PROCEDURE

| (1) | In March 2002 a restructuring programme was presented by Huta Buczek (hereinafter ‘TB-HB’), to the Polish authorities. TB-HB was as of 7 May 2003 renamed Technologie Buczek S.A. (hereinafter ‘TB’). |
| --- | --- |

(1)

In March 2002 a restructuring programme was presented by Huta Buczek (hereinafter ‘TB-HB’), to the Polish authorities. TB-HB was as of 7 May 2003 renamed Technologie Buczek S.A. (hereinafter ‘TB’).

| (2) | On 5 November 2002 the Polish Council of Ministers approved the Restructuring and Development Programme for the Polish Iron and Steel Industry until 2006 (hereinafter referred to as ‘the National Restructuring Programme’ or ‘NRP’). This plan essentially allows for State Aid to be awarded to the Polish steel industry for restructuring in the period from 1997 to 2006 of up to PLN 3 387 billion (EUR 846 million) (3). |
| --- | --- |

(2)

On 5 November 2002 the Polish Council of Ministers approved the Restructuring and Development Programme for the Polish Iron and Steel Industry until 2006 (hereinafter referred to as ‘the National Restructuring Programme’ or ‘NRP’). This plan essentially allows for State Aid to be awarded to the Polish steel industry for restructuring in the period from 1997 to 2006 of up to PLN 3 387 billion (EUR 846 million) (3).

| (3) | The NRP was submitted to the EU. On 25 March 2003 it was assessed by the Commission. On this basis the Commission made a proposal for a Council Decision to extend the grace period for the granting of state aid in the Polish steel sector under the Europe Agreement (which initially lasted only until 1997) until Poland’s accession to the EU, subject to the recipients achieving viability by 2006; this was approved by the Council in July 2003 (4). |
| --- | --- |

(3)

The NRP was submitted to the EU. On 25 March 2003 it was assessed by the Commission. On this basis the Commission made a proposal for a Council Decision to extend the grace period for the granting of state aid in the Polish steel sector under the Europe Agreement (which initially lasted only until 1997) until Poland’s accession to the EU, subject to the recipients achieving viability by 2006; this was approved by the Council in July 2003 (4).

| (4) | The EU thus allowed Poland, notwithstanding its rules (5), to grant restructuring aid to the steel industry. This was finally laid down in a Protocol to the Accession Treaty, Protocol No 8 on the restructuring of the Polish steel industry (6). It confirms the acceptance of the award of state aid to eight companies listed in Annex 1 to Protocol No 8, including TB-HB, of not more than PLN 3,387 billion before end-2003. |
| --- | --- |

(4)

The EU thus allowed Poland, notwithstanding its rules (5), to grant restructuring aid to the steel industry. This was finally laid down in a Protocol to the Accession Treaty, Protocol No 8 on the restructuring of the Polish steel industry (6). It confirms the acceptance of the award of state aid to eight companies listed in Annex 1 to Protocol No 8, including TB-HB, of not more than PLN 3,387 billion before end-2003.

| (5) | In order to ensure that the conditions laid down in the Protocol are complied with, Protocol No 8 sets out detailed provisions for implementation and monitoring. One requirement is that Poland has to provide bi-annual monitoring reports, and evaluations were carried out by an independent consultant in 2003, 2004, 2005 and 2006 (7). Company reports for TB were presented in February 2004 and April 2005. They were discussed with the Polish authorities and the recipients and approved by the Commission and the Polish authorities. |
| --- | --- |

(5)

In order to ensure that the conditions laid down in the Protocol are complied with, Protocol No 8 sets out detailed provisions for implementation and monitoring. One requirement is that Poland has to provide bi-annual monitoring reports, and evaluations were carried out by an independent consultant in 2003, 2004, 2005 and 2006 (7). Company reports for TB were presented in February 2004 and April 2005. They were discussed with the Polish authorities and the recipients and approved by the Commission and the Polish authorities.

| (6) | In September 2005 TB modified its IBP (hereinafter referred to as ‘2005 IBP’) and later submitted it to the Commission with a request for approval under point 10 of Protocol No 8. However, the fact that the company modified this plan several times subsequently and has been in liquidation since 2006 made this request redundant. |
| --- | --- |

(6)

In September 2005 TB modified its IBP (hereinafter referred to as ‘2005 IBP’) and later submitted it to the Commission with a request for approval under point 10 of Protocol No 8. However, the fact that the company modified this plan several times subsequently and has been in liquidation since 2006 made this request redundant.

| (7) | After the independent evaluation in 2005 indicated that TB had an increasing debt to public creditors and was not achieving viability, the Commission requested additional information from Poland by letters of 29 March 2005, 1 August 2005 and 2 December 2005. Poland replied by letters of 23 June 2005, 28 September 2005 and 14 February 2006. |
| --- | --- |

(7)

After the independent evaluation in 2005 indicated that TB had an increasing debt to public creditors and was not achieving viability, the Commission requested additional information from Poland by letters of 29 March 2005, 1 August 2005 and 2 December 2005. Poland replied by letters of 23 June 2005, 28 September 2005 and 14 February 2006.

| (8) | By letter dated 7 June 2006 the Commission informed Poland that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid. |
| --- | --- |

(8)

By letter dated 7 June 2006 the Commission informed Poland that it had decided to initiate the procedure laid down in Article 88(2) of the EC Treaty in respect of the aid.

| (9) | The Commission Decision to initiate the procedure was published in the Official Journal of the European Union
   (8). The Commission invited interested parties to submit their comments on the aid/measure. |
| --- | --- |

(9)

The Commission Decision to initiate the procedure was published in the Official Journal of the European Union
   (8). The Commission invited interested parties to submit their comments on the aid/measure.

| (10) | The Commission received no comments from third parties. |
| --- | --- |

(10)

The Commission received no comments from third parties.

| (11) | The Polish authorities replied by letters of 18 September 2006, 2 October 2006 and 20 October 2006. The Commission asked Poland for additional information by letters of 6 November 2006, 18 December 2006 and 15 March 2007. Poland replied by letters of 24 November 2006, 23 January 2007 and 23 May 2007. On 13 December 2006 a meeting took place between the Polish authorities and the Commission. |
| --- | --- |

(11)

The Polish authorities replied by letters of 18 September 2006, 2 October 2006 and 20 October 2006. The Commission asked Poland for additional information by letters of 6 November 2006, 18 December 2006 and 15 March 2007. Poland replied by letters of 24 November 2006, 23 January 2007 and 23 May 2007. On 13 December 2006 a meeting took place between the Polish authorities and the Commission.

II.   DETAILED DESCRIPTION OF THE AID

1.   The TB group

| (12) | TB is a Polish tube producer located in the city of Sosnowiec in Silesia Province. Until 2006 it produced steel tubes in a welded tube rolling shop and a high alloy steel tube rolling shop. These are considered steel products under the EC State Aid rules (9). It has a total capacity of about 60 thousand tonnes (10). The welded tube mill consists of four welding lines (W1.5, W2, which was upgraded in 1993 and 2001, W3, put into service in 1999, and W4, put into service in 2003) and two slitting lines (one put into service in 2004). TB also operated a rolling mill facility until 2005. |
| --- | --- |

(12)

TB is a Polish tube producer located in the city of Sosnowiec in Silesia Province. Until 2006 it produced steel tubes in a welded tube rolling shop and a high alloy steel tube rolling shop. These are considered steel products under the EC State Aid rules (9). It has a total capacity of about 60 thousand tonnes (10). The welded tube mill consists of four welding lines (W1.5, W2, which was upgraded in 1993 and 2001, W3, put into service in 1999, and W4, put into service in 2003) and two slitting lines (one put into service in 2004). TB also operated a rolling mill facility until 2005.

| (13) | TB is a joint stock company which in 2004 had own capital of around PLN 20 million (EUR 5 million). The majority shareholder of TB, with about 78,1 %, is Górnośląski Fundusz Restrukturyzacyjny S.A. (Upper Silesian Restructuring Fund, hereinafter ‘GFR’), whose main shareholder, with 51,3 %, was, until 30 December 2005, Eurofaktor SA (hereinafter ‘EF’). EF’s shareholders are private investors, such as Bonum Sp. z o.o. (37,25 %), ING TFI (13,40 %), Polmetal Sp. z o.o. (11,31 %) and Stabilo Group Sp. z o.o. (10,93 %). EF subsequently sold its shares to Stabilo Group Sp. z o.o. The Treasury was a minority shareholder in GFR. |
| --- | --- |

(13)

TB is a joint stock company which in 2004 had own capital of around PLN 20 million (EUR 5 million). The majority shareholder of TB, with about 78,1 %, is Górnośląski Fundusz Restrukturyzacyjny S.A. (Upper Silesian Restructuring Fund, hereinafter ‘GFR’), whose main shareholder, with 51,3 %, was, until 30 December 2005, Eurofaktor SA (hereinafter ‘EF’). EF’s shareholders are private investors, such as Bonum Sp. z o.o. (37,25 %), ING TFI (13,40 %), Polmetal Sp. z o.o. (11,31 %) and Stabilo Group Sp. z o.o. (10,93 %). EF subsequently sold its shares to Stabilo Group Sp. z o.o. The Treasury was a minority shareholder in GFR.

| (14) | TB currently has four subsidiaries with significant business activity:






  (a) | Buczek Automotive Sp. z o.o (hereinafter ‘BA’, originally named P.U.R.M. (Przedsiębiorstwo Usług Remontowo Mechanicznych) ‘REMEBUD’ Sp. z o.o.), is today 51 % owned by TB. It originally provided machinery and equipment maintenance services to TB. In December 2005 TB also transferred its main business for the automotive sector to BA (at that time 100 % owned by TB) and renamed it BA. In addition to the 76 employees in the original company, a further 227 employees were transferred to BA on 1 December 2005. On 1 January 2006 TB and BA signed a lease agreement, of unlimited duration, on the basis of which BA operates TB's automotive assets. In November 2006 EF executed the pledge on the shares of BA because of TB’s unpaid debts and acquired a 49 % stake in BA. BA is a steel producer within the meaning of the EU State Aid rules. |
| --- | --- | --- |

(14)

TB currently has four subsidiaries with significant business activity:

(a)

Buczek Automotive Sp. z o.o (hereinafter ‘BA’, originally named P.U.R.M. (Przedsiębiorstwo Usług Remontowo Mechanicznych) ‘REMEBUD’ Sp. z o.o.), is today 51 % owned by TB. It originally provided machinery and equipment maintenance services to TB. In December 2005 TB also transferred its main business for the automotive sector to BA (at that time 100 % owned by TB) and renamed it BA. In addition to the 76 employees in the original company, a further 227 employees were transferred to BA on 1 December 2005. On 1 January 2006 TB and BA signed a lease agreement, of unlimited duration, on the basis of which BA operates TB's automotive assets. In November 2006 EF executed the pledge on the shares of BA because of TB’s unpaid debts and acquired a 49 % stake in BA. BA is a steel producer within the meaning of the EU State Aid rules.

| (b) | Huta Buczek Sp. z o.o. (hereinafter ‘HB’, 100 % owned by TB) is TB’s spun-off rolling mill facility. It has 227 employees. HB was created on 3 December 2004 with PLN 100 000 (around EUR 25 000) share capital. In 2005 and the first half of 2006 TB increased the HB’s capital through several capital injections totalling PLN 14 811 600. HB is not a steel producer within the meaning of the EU State Aid rules. |
| --- | --- |

(b)

Huta Buczek Sp. z o.o. (hereinafter ‘HB’, 100 % owned by TB) is TB’s spun-off rolling mill facility. It has 227 employees. HB was created on 3 December 2004 with PLN 100 000 (around EUR 25 000) share capital. In 2005 and the first half of 2006 TB increased the HB’s capital through several capital injections totalling PLN 14 811 600. HB is not a steel producer within the meaning of the EU State Aid rules.

| (c) | Buczek — HB — Zakład Produkcji Rur Sp. z o. o. (hereinafter ‘ZPR’, 18 % owned by TB, with the remaining shares held by the company’s employees) which manufactures drawn tubes and provides tube cutting and processing services, with 100 employees. It was taken over by TB's employees in 2001 to prevent its closure. TB still owns TB-ZPR's production equipment, which is leased to it. |
| --- | --- |

(c)

Buczek — HB — Zakład Produkcji Rur Sp. z o. o. (hereinafter ‘ZPR’, 18 % owned by TB, with the remaining shares held by the company’s employees) which manufactures drawn tubes and provides tube cutting and processing services, with 100 employees. It was taken over by TB's employees in 2001 to prevent its closure. TB still owns TB-ZPR's production equipment, which is leased to it.

| (d) | SAMKOL (100 % owned by TB) is a transport service provider, which was founded in 1997 and whose capital was last increased in 2001. It used to provide 80 % of its services to TB but currently only 20 % of its revenue is derived from work for TB. |
| --- | --- |

(d)

SAMKOL (100 % owned by TB) is a transport service provider, which was founded in 1997 and whose capital was last increased in 2001. It used to provide 80 % of its services to TB but currently only 20 % of its revenue is derived from work for TB.

2.   The original restructuring plan

| (15) | In 2002, TB-HB prepared an individual business plan (hereinafter referred to as ‘2002 IBP’) in order to overcome financial difficulties. As indicated in the decision to initiate the procedure, the operational restructuring plan involved focusing on manufacturing of welded calibrated tubes for special applications made of ALU-coated or galvanised steel strip. To this end, more production equipment was to be acquired (11). |
| --- | --- |

(15)

In 2002, TB-HB prepared an individual business plan (hereinafter referred to as ‘2002 IBP’) in order to overcome financial difficulties. As indicated in the decision to initiate the procedure, the operational restructuring plan involved focusing on manufacturing of welded calibrated tubes for special applications made of ALU-coated or galvanised steel strip. To this end, more production equipment was to be acquired (11).

| (16) | The business plan indicated the total cost of the potential investments as PLN 25 million. In addition to the main investments in production and processing of pipes for automotive applications and welded tube manufacturing lines, this included projects such as computerisation, modernisation of other minor projects and purchase of fixed assets. Investments in the rolling department were also desired but were judged unrealistic and therefore postponed. |
| --- | --- |

(16)

The business plan indicated the total cost of the potential investments as PLN 25 million. In addition to the main investments in production and processing of pipes for automotive applications and welded tube manufacturing lines, this included projects such as computerisation, modernisation of other minor projects and purchase of fixed assets. Investments in the rolling department were also desired but were judged unrealistic and therefore postponed.

| (17) | The plan also included a cost reduction programme involving a cut in the number of employees from 532 to 407. To this end, provision was made for total costs for 2002-2006 of PLN 2 910 000. In particular, for the 161 job cuts, external public aid of PLN 823 000 with a net grant equivalent of PLN 597 000 was envisaged. In addition, aid of PLN 2,754 million was envisaged for research and development (hereinafter referred to as ‘R&D’) with PLN 1 250 000 for 2002, representing a net grant equivalent of PLN 900 000 in 2002, and PLN 2 540 000 for 2003 (net grant equivalent PLN 1 854 000) (12). |
| --- | --- |

(17)

The plan also included a cost reduction programme involving a cut in the number of employees from 532 to 407. To this end, provision was made for total costs for 2002-2006 of PLN 2 910 000. In particular, for the 161 job cuts, external public aid of PLN 823 000 with a net grant equivalent of PLN 597 000 was envisaged. In addition, aid of PLN 2,754 million was envisaged for research and development (hereinafter referred to as ‘R&D’) with PLN 1 250 000 for 2002, representing a net grant equivalent of PLN 900 000 in 2002, and PLN 2 540 000 for 2003 (net grant equivalent PLN 1 854 000) (12).

| (18) | Lastly, financial restructuring of PLN 8,411 million net grant equivalent was planned aiming at a debt waiver of about PLN 3,392 million (this mainly involved real estate tax debt to the local authority and smaller amounts owed to the Tax Office and the social insurance institution (Zakład Ubezpieczeń Społecznych, hereinafter referred to as ‘ZUS’) and debt rescheduling of PLN 6,014 million to ZUS and the State Fund for Rehabilitation of Disabled Persons (Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych, hereinafter ‘PFRON’) with a net grant equivalent of PLN 5,019 million (PLN 5,001 million (ZUS) + 18 000 (PFRON). The purpose of financial restructuring was to purchase materials and to maintain continuity of production (13). |
| --- | --- |

(18)

Lastly, financial restructuring of PLN 8,411 million net grant equivalent was planned aiming at a debt waiver of about PLN 3,392 million (this mainly involved real estate tax debt to the local authority and smaller amounts owed to the Tax Office and the social insurance institution (Zakład Ubezpieczeń Społecznych, hereinafter referred to as ‘ZUS’) and debt rescheduling of PLN 6,014 million to ZUS and the State Fund for Rehabilitation of Disabled Persons (Państwowy Fundusz Rehabilitacji Osób Niepełnosprawnych, hereinafter ‘PFRON’) with a net grant equivalent of PLN 5,019 million (PLN 5,001 million (ZUS) + 18 000 (PFRON). The purpose of financial restructuring was to purchase materials and to maintain continuity of production (13).

3.   State Aid

(a)   Aid envisaged under the restructuring plan

| (19) | The restructuring programme essentially envisaged the following aid:
  Table 1
  Planned State Aid for TB for 2002-2003








  Institution | Nature of Aid | PLN thousand | PLN thousand (NGE) |
| --- | --- | --- | --- | --- |
| FGSP (2002) (14) | Payment in instalments | 136 | 3 |
| FGSP (2003) | Payment in instalments | 270 | 15 |
| Sub-total instalments | | 406 | 18 |
| Sosnowiec local authority | Debt write-off | 2 964 | 2 964 |
| Tax Office | Debt write-off | 163 | 163 |
| ZUS | Debt write-off | 265 | 265 |
| Sub-total write-offs | | 3 392 | 3 392 |
| ZUS | Payment in instalments | 6 014 | 5 001 |
| Total | Financial restructuring | 9 812 | 8 411 |
| | Employment restructuring | 823 | 597 |
| | R&D | 3 790 | 2 754 |
| | Total aid | 14 425 | 11 762 |

(19)

The restructuring programme essentially envisaged the following aid:

Table 1

Planned State Aid for TB for 2002-2003

Institution

Nature of Aid

PLN thousand

PLN thousand (NGE)

FGSP (2002) (14)

Payment in instalments

136

3

FGSP (2003)

Payment in instalments

270

15

Sub-total instalments

406

18

Sosnowiec local authority

Debt write-off

2 964

2 964

Tax Office

Debt write-off

163

163

ZUS

Debt write-off

265

265

Sub-total write-offs

3 392

3 392

ZUS

Payment in instalments

6 014

5 001

Total

Financial restructuring

9 812

8 411

Employment restructuring

823

597

R&D

3 790

2 754

Total aid

14 425

11 762

| (20) | The restructuring plan also mentioned that in 1997–2001 HB-TB had received State Aid amounting to PLN 4 422 411 (net grant equivalent). Most of this was R&D aid (PLN 3 243 626). PLN 196 800 was aid for environmental protection, PLN 132 240 for training aid and the remaining PLN 849 746 was aid for the ‘restructuring process’ or ‘ad-hoc aid’ (15). |
| --- | --- |

(20)

The restructuring plan also mentioned that in 1997–2001 HB-TB had received State Aid amounting to PLN 4 422 411 (net grant equivalent). Most of this was R&D aid (PLN 3 243 626). PLN 196 800 was aid for environmental protection, PLN 132 240 for training aid and the remaining PLN 849 746 was aid for the ‘restructuring process’ or ‘ad-hoc aid’ (15).

| (21) | Thus altogether aid of PLN 16 184 411 was earmarked for TB and subsequently approved under the NRP and Protocol No 8. |
| --- | --- |

(21)

Thus altogether aid of PLN 16 184 411 was earmarked for TB and subsequently approved under the NRP and Protocol No 8.

(b)   Aid received

| (22) | According to the independent consultant, in 2002-2003 the company received only PLN 2,235 million (net grant equivalent) in Atate Aid (16). PLN 2,045 million of this aid was set aside for R&D and PLN 190 400 for employment restructuring (17). |
| --- | --- |

(22)

According to the independent consultant, in 2002-2003 the company received only PLN 2,235 million (net grant equivalent) in Atate Aid (16). PLN 2,045 million of this aid was set aside for R&D and PLN 190 400 for employment restructuring (17).

| (23) | In addition, the 2005 IBP indicated that TB had obtained a budget grant for employment restructuring from 2004 to 2006 of PLN 877 000 (18). The Polish authorities have explained that the government provided funds to help redundant steel workers re-enter the labour market through training to improve their qualifications or to encourage them to take early retirement by compensating them in part for the low income they would receive while on early retirement. It is based on the December 2003 amendment of the Iron and Steel Industry (Restructuring) Act of 24 August 2001 and stipulated that the sole recipients are the employees (the employer is merely an intermediary which transfers budget funds to redundant workers). |
| --- | --- |

(23)

In addition, the 2005 IBP indicated that TB had obtained a budget grant for employment restructuring from 2004 to 2006 of PLN 877 000 (18). The Polish authorities have explained that the government provided funds to help redundant steel workers re-enter the labour market through training to improve their qualifications or to encourage them to take early retirement by compensating them in part for the low income they would receive while on early retirement. It is based on the December 2003 amendment of the Iron and Steel Industry (Restructuring) Act of 24 August 2001 and stipulated that the sole recipients are the employees (the employer is merely an intermediary which transfers budget funds to redundant workers).

4.   Failure of restructuring — developments between 2003 and 2006

| (24) | The restructuring of TB did not develop as envisaged in the restructuring plan but resulted in bankruptcy in 2006 for several reasons: |
| --- | --- |

(24)

The restructuring of TB did not develop as envisaged in the restructuring plan but resulted in bankruptcy in 2006 for several reasons:

(a)   Waiver of debt

| (25) | TB was not able to obtain the debt waivers planned in the IBP. |
| --- | --- |

(25)

TB was not able to obtain the debt waivers planned in the IBP.

| (26) | Cancellation of debts to ZUS, Sosnowiec local authority and the Tax Office amounting to PLN 3 392 000 was supposed to be awarded on the basis of the Act of 30 August 2002 on the restructuring of some corporate public debt (hereinafter referred to as ‘the Act of 30 August 2002’ (19). This Act made it possible for companies in financial difficulties to restructure public-law liabilities in the form of waivers. The company concerned had to lodge an application and restructuring plan with each public authority whose receivables were to be restructured (hereinafter also referred to as ‘the restructuring authorit’y). |
| --- | --- |

(26)

Cancellation of debts to ZUS, Sosnowiec local authority and the Tax Office amounting to PLN 3 392 000 was supposed to be awarded on the basis of the Act of 30 August 2002 on the restructuring of some corporate public debt (hereinafter referred to as ‘the Act of 30 August 2002’ (19). This Act made it possible for companies in financial difficulties to restructure public-law liabilities in the form of waivers. The company concerned had to lodge an application and restructuring plan with each public authority whose receivables were to be restructured (hereinafter also referred to as ‘the restructuring authorit’y).

| (27) | The restructuring authority, after reaching the conclusion that the proposed restructuring plan could improve the company’s financial situation, issued a ‘decision on restructuring conditions’ listing the liabilities covered by restructuring. If the company fulfilled all the conditions imposed by the decision, i.e. paid a restructuring fee, presented a restructuring plan and had no other arrears, the restructuring authority was obliged to issue a ‘final’ decision to waive the liabilities listed in the decision on restructuring conditions (the ‘decision on completion of restructuring’). |
| --- | --- |

(27)

The restructuring authority, after reaching the conclusion that the proposed restructuring plan could improve the company’s financial situation, issued a ‘decision on restructuring conditions’ listing the liabilities covered by restructuring. If the company fulfilled all the conditions imposed by the decision, i.e. paid a restructuring fee, presented a restructuring plan and had no other arrears, the restructuring authority was obliged to issue a ‘final’ decision to waive the liabilities listed in the decision on restructuring conditions (the ‘decision on completion of restructuring’).

| (28) | This final decision could, however, be issued at the earliest one year after the adoption of the decision on restructuring conditions and had to be endorsed by the President of the Office for Competition and Consumer Protection (the Polish competition authority, hereinafter ‘OCCP’) as regards the compatibility of the waivers with the State Aid rules. In the period after the adoption of the decision on restructuring conditions and before the decision on completion of restructuring, companies had to register future waivers as arrears. In addition, penalty interest accrued. The Commission understands that the rationale of this was to allow debt waivers to take place only after it had been shown that the company really was implementing a restructuring programme. |
| --- | --- |

(28)

This final decision could, however, be issued at the earliest one year after the adoption of the decision on restructuring conditions and had to be endorsed by the President of the Office for Competition and Consumer Protection (the Polish competition authority, hereinafter ‘OCCP’) as regards the compatibility of the waivers with the State Aid rules. In the period after the adoption of the decision on restructuring conditions and before the decision on completion of restructuring, companies had to register future waivers as arrears. In addition, penalty interest accrued. The Commission understands that the rationale of this was to allow debt waivers to take place only after it had been shown that the company really was implementing a restructuring programme.

| (29) | The Commission was informed that ZUS, Sosnowiec local authority and the Tax Office had not implemented such waivers. |
| --- | --- |

(29)

The Commission was informed that ZUS, Sosnowiec local authority and the Tax Office had not implemented such waivers.

| (30) | Plans to waive TB's debts to Sosnowiec local authority (real estate tax liability of PLN 2 964 000), were rejected by the OCCP because the application had been lodged after 31 December 2003, whereas Protocol No 8 prohibited the granting of State Aid to steel companies after that date. Therefore, on 28 April 2004 the OCCP stated that the planned waiver could not be granted as it would breach the provisions of Protocol No 8. For the same reasons, on 6 February 2004, the OCCP issued a negative opinion concerning the planned cancellation of TB's debts to PFRON. |
| --- | --- |

(30)

Plans to waive TB's debts to Sosnowiec local authority (real estate tax liability of PLN 2 964 000), were rejected by the OCCP because the application had been lodged after 31 December 2003, whereas Protocol No 8 prohibited the granting of State Aid to steel companies after that date. Therefore, on 28 April 2004 the OCCP stated that the planned waiver could not be granted as it would breach the provisions of Protocol No 8. For the same reasons, on 6 February 2004, the OCCP issued a negative opinion concerning the planned cancellation of TB's debts to PFRON.

| (31) | TB's application for the cancellation of its debts to the Tax Office (PLN 163 000) was rejected by the Tax Office. According to the Act of 30 August 2002, this could happen only if the company did not pay the ‘restructuring fee’ (amounting to 15 % of the value of debts to be waived) or if the company had other arrears to the Tax Office. |
| --- | --- |

(31)

TB's application for the cancellation of its debts to the Tax Office (PLN 163 000) was rejected by the Tax Office. According to the Act of 30 August 2002, this could happen only if the company did not pay the ‘restructuring fee’ (amounting to 15 % of the value of debts to be waived) or if the company had other arrears to the Tax Office.

| (32) | Lastly, as shown by the 2005 business plan, restructuring of the debt to ZUS (PLN 265 000) failed for financial reasons. As explained above (recital (26)) in order to obtain debt cancellation under the Act of 30 August 2002, the company should have repaid, or rescheduled repayment of, all the other public liabilities not subject to restructuring under the Act of 30 August 2002. That is why the 2002 IBP assumed that debt amounting to PLN 6 420 000 would be repaid in instalments. Hence, the Commission concludes that TB either reached no agreement with ZUS on repayment in instalments or ZUS issued such a decision but TB did not abide by it. |
| --- | --- |

(32)

Lastly, as shown by the 2005 business plan, restructuring of the debt to ZUS (PLN 265 000) failed for financial reasons. As explained above (recital (26)) in order to obtain debt cancellation under the Act of 30 August 2002, the company should have repaid, or rescheduled repayment of, all the other public liabilities not subject to restructuring under the Act of 30 August 2002. That is why the 2002 IBP assumed that debt amounting to PLN 6 420 000 would be repaid in instalments. Hence, the Commission concludes that TB either reached no agreement with ZUS on repayment in instalments or ZUS issued such a decision but TB did not abide by it.

(b)   Increase in debt

| (33) | Between 2001 and 2006 TB accrued public debts vis-à-vis ZUS, Sosnowiec local authority, the Tax Office and PFRON. The debt began to increase in 2001, rising steadily until December 2002. After a short respite, debt continued to accrue between February 2002 and November 2003. Only between November 2003 and October 2004 was the company in a position to service its debt, probably with a view to meeting the debt cancellation requirements set out in the Act of 30 August 2002. However, as of November 2004 the company’s debt started rising again. |
| --- | --- |

(33)

Between 2001 and 2006 TB accrued public debts vis-à-vis ZUS, Sosnowiec local authority, the Tax Office and PFRON. The debt began to increase in 2001, rising steadily until December 2002. After a short respite, debt continued to accrue between February 2002 and November 2003. Only between November 2003 and October 2004 was the company in a position to service its debt, probably with a view to meeting the debt cancellation requirements set out in the Act of 30 August 2002. However, as of November 2004 the company’s debt started rising again.

| (34) | As a result of its failure to secure waivers, TB had outstanding debts of around PLN 20 million by autumn 2004. This was confirmed in the fourth Polish monitoring report for 2004 of 8 March 2005 which contained a detailed breakdown of the following outstanding liabilities:
  Table 2
  Debt of TB as indicated in Polish monitoring report of March 2005








  Public creditors (PLN thousand) | Liabilities at end-2003 | Liabilities at end-2004 | Liabilities at end-January 2005 |
| --- | --- | --- | --- | --- |
| ZUS | 14 956 | 13 916 | 14 510 |
| Sosnowiec Local authority | 7 411 | 5 118 | 5 371 |
| PFRON | 480 | 678 | 704 |
| Sosnowiec Tax Office | 269 | 555 | 524 |
| Other | 115 | 0 | 0 |
| Total | 23 231 | 20 267 | 21 108 |

(34)

As a result of its failure to secure waivers, TB had outstanding debts of around PLN 20 million by autumn 2004. This was confirmed in the fourth Polish monitoring report for 2004 of 8 March 2005 which contained a detailed breakdown of the following outstanding liabilities:

Table 2

Debt of TB as indicated in Polish monitoring report of March 2005

Public creditors (PLN thousand)

Liabilities at end-2003

Liabilities at end-2004

Liabilities at end-January 2005

ZUS

14 956

13 916

14 510

Sosnowiec Local authority

7 411

5 118

5 371

PFRON

480

678

704

Sosnowiec Tax Office

269

555

524

Other

115

0

0

Total

23 231

20 267

21 108

| (35) | Accordingly, by end-2004, TB’s debts vis-à-vis public creditors amounted to about PLN 20 million. The Polish authorities indicated that in 2004 TB had managed to repay about PLN 5 million (PLN 1,2 million to ZUS and PLN 3,8 million to the local authority) from the sale of idle assets. This notwithstanding, the report indicated that the debt had started to increase again after 2004 and by January 2005 it amounted to PLN 21,1 million. |
| --- | --- |

(35)

Accordingly, by end-2004, TB’s debts vis-à-vis public creditors amounted to about PLN 20 million. The Polish authorities indicated that in 2004 TB had managed to repay about PLN 5 million (PLN 1,2 million to ZUS and PLN 3,8 million to the local authority) from the sale of idle assets. This notwithstanding, the report indicated that the debt had started to increase again after 2004 and by January 2005 it amounted to PLN 21,1 million.

| (36) | The Polish authorities subsequently corrected the amount to PLN 20,761 million at end-2004. By 31 March 2005 it had increased to PLN 22,43 million and by 30 June 2005 to PLN 22,91 million. Thereafter the company apparently managed to sell some assets and reduced the debt by end-2005 to PLN 20,87 million. However in mid-2006 it increased again to PLN 22,11 million, reaching PLN 22,67 million in August 2006, when bankruptcy was declared. |
| --- | --- |

(36)

The Polish authorities subsequently corrected the amount to PLN 20,761 million at end-2004. By 31 March 2005 it had increased to PLN 22,43 million and by 30 June 2005 to PLN 22,91 million. Thereafter the company apparently managed to sell some assets and reduced the debt by end-2005 to PLN 20,87 million. However in mid-2006 it increased again to PLN 22,11 million, reaching PLN 22,67 million in August 2006, when bankruptcy was declared.

| (37) | According to the information available to the Commission, TB did not present a comprehensive restructuring plan in 2004 with a view to rescheduling the debt. |
| --- | --- |

(37)

According to the information available to the Commission, TB did not present a comprehensive restructuring plan in 2004 with a view to rescheduling the debt.

| (38) | As creditors, the public authorities have taken steps to enforce their claims, as required by law. For example, Sosnowiec local authority and ZUS froze the company’s bank accounts to enforce their claims. However, this was not effective as all funds paid into the accounts are earmarked for payment of salaries. |
| --- | --- |

(38)

As creditors, the public authorities have taken steps to enforce their claims, as required by law. For example, Sosnowiec local authority and ZUS froze the company’s bank accounts to enforce their claims. However, this was not effective as all funds paid into the accounts are earmarked for payment of salaries.

| (39) | Therefore the outstanding debt is being enforced mainly by realising charges against real estate and acquiring permanent usufruct. In addition, the local authority has apparently obtained the transfer of several assets under Article 66 of the Tax Ordinance. |
| --- | --- |

(39)

Therefore the outstanding debt is being enforced mainly by realising charges against real estate and acquiring permanent usufruct. In addition, the local authority has apparently obtained the transfer of several assets under Article 66 of the Tax Ordinance.

| (40) | In particular, repayment of the debt to ZUS was enforced by obtaining mortgages of PLN 25 million. ZUS also has pledges on production assets of around PLN 12 million, of which approximately PLN 9,5 million constitutes first-rank pledges (this includes a first-rank pledge on welding line W-3, worth more than PLN 7 million). |
| --- | --- |

(40)

In particular, repayment of the debt to ZUS was enforced by obtaining mortgages of PLN 25 million. ZUS also has pledges on production assets of around PLN 12 million, of which approximately PLN 9,5 million constitutes first-rank pledges (this includes a first-rank pledge on welding line W-3, worth more than PLN 7 million).

| (41) | In May 2007 the receiver published the list of the acknowledged debts of the bankrupt TB with a total value of PLN 63 million. This amount includes public-law debts, the main creditor being EF, whose liability amounts to PLN 35,9 million. |
| --- | --- |

(41)

In May 2007 the receiver published the list of the acknowledged debts of the bankrupt TB with a total value of PLN 63 million. This amount includes public-law debts, the main creditor being EF, whose liability amounts to PLN 35,9 million.

(c)   Investments

| (42) | TB did not fully implement its investment programme of PLN 25 million as envisaged but spent about PLN 10 million in investments and earmarked some additional funds for R&D. |
| --- | --- |

(42)

TB did not fully implement its investment programme of PLN 25 million as envisaged but spent about PLN 10 million in investments and earmarked some additional funds for R&D.

| (43) | TB implemented some investments on the basis of its IBP. In 2003 and 2004 investments were focused on developing the production of tubes for automotive applications. In 2003 it commissioned a line for welding ALU coated tubes (PLN 3 207 000) and in 2004 a slitting line for manufacturing short pipes (PLN 733 000). In addition, the existing welding lines (PLN 1 063 000) and some buildings (PLN 1 379 000, including a heating system) which were necessary for the automotive business were modernised. In total PLN 6,383 million was invested in the automotive business between 2002 and 2005. The Polish authorities have confirmed that all the investments concern assets which have been leased to BA in the meantime (20). |
| --- | --- |

(43)

TB implemented some investments on the basis of its IBP. In 2003 and 2004 investments were focused on developing the production of tubes for automotive applications. In 2003 it commissioned a line for welding ALU coated tubes (PLN 3 207 000) and in 2004 a slitting line for manufacturing short pipes (PLN 733 000). In addition, the existing welding lines (PLN 1 063 000) and some buildings (PLN 1 379 000, including a heating system) which were necessary for the automotive business were modernised. In total PLN 6,383 million was invested in the automotive business between 2002 and 2005. The Polish authorities have confirmed that all the investments concern assets which have been leased to BA in the meantime (20).

| (44) | Some PLN 3,5 million was earmarked for other investments concerning IT systems, purchases of other capital goods and other projects (21). |
| --- | --- |

(44)

Some PLN 3,5 million was earmarked for other investments concerning IT systems, purchases of other capital goods and other projects (21).

| (45) | Provision was also made for an additional PLN 12 to 13 million for 2005 and 2006, including the bringing forward of the launch of production of chromium pipe elements, with a new welding line due to be purchased in 2006 (about PLN 6 000 000). As far as the Commission is aware, however, this was not built. |
| --- | --- |

(45)

Provision was also made for an additional PLN 12 to 13 million for 2005 and 2006, including the bringing forward of the launch of production of chromium pipe elements, with a new welding line due to be purchased in 2006 (about PLN 6 000 000). As far as the Commission is aware, however, this was not built.

(d)   Overall performance of the company

| (46) | TB has not overcome its financial difficulties and has not obtained any bank loans. |
| --- | --- |

(46)

TB has not overcome its financial difficulties and has not obtained any bank loans.

| (47) | Throughout the restructuring period TB was unable to obtain financial support from creditors and local financial institutions (22). In fact, TB's bank reduced its credit facilities as early as 2003. This situation was resolved only by the involvement of a financial investor, GFR, which took over a significant number of debts which were converted into long-term loans. Despite this, by 2004 TB was once again unable to obtain credit from banks (23). |
| --- | --- |

(47)

Throughout the restructuring period TB was unable to obtain financial support from creditors and local financial institutions (22). In fact, TB's bank reduced its credit facilities as early as 2003. This situation was resolved only by the involvement of a financial investor, GFR, which took over a significant number of debts which were converted into long-term loans. Despite this, by 2004 TB was once again unable to obtain credit from banks (23).

| (48) | This is mainly due to the fact that at no point during the restructuring period was TB able to achieve profitability, despite very positive market trends. |
| --- | --- |

(48)

This is mainly due to the fact that at no point during the restructuring period was TB able to achieve profitability, despite very positive market trends.

| (49) | In fact, in 2003, as the independent monitoring reports show, TB remained far below its sales target of 48 thousand tonnes of tubes, selling only 30 thousand tonnes (24). In addition, it was struggling with tariffs imposed on wide hot rolled strip, its main feedstock and an unsuccessful price promotion strategy which resulted in reduced revenue. It therefore ended 2004 with a negative operating margin of PLN 5 million (turnover was PLN 92 million). Consequently, it failed to pass the Commission's viability test. In its January 2004 summary report, the Commission’s independent consultant concluded that TB ‘is effectively trading while being insolvent’ (25). |
| --- | --- |

(49)

In fact, in 2003, as the independent monitoring reports show, TB remained far below its sales target of 48 thousand tonnes of tubes, selling only 30 thousand tonnes (24). In addition, it was struggling with tariffs imposed on wide hot rolled strip, its main feedstock and an unsuccessful price promotion strategy which resulted in reduced revenue. It therefore ended 2004 with a negative operating margin of PLN 5 million (turnover was PLN 92 million). Consequently, it failed to pass the Commission's viability test. In its January 2004 summary report, the Commission’s independent consultant concluded that TB ‘is effectively trading while being insolvent’ (25).

| (50) | In 2004, the third Polish monitoring report of September 2004 also indicated that TB had low financial liquidity and that its financial surplus did not cover repayment of loan instalments with interest, which meant there was a high risk of defaulting (26). The fourth Polish report for 2004 contained detailed data on arrears (see recital (34) above) and indicated that the company had not received any support from financial institutions, implemented its planned job cuts or reached forecast productivity levels. As regards the company’s financial standing, it concluded that, ‘of all the group companies, Technologie Buczek Sp. z o.o. was most at risk of losing financial liquidity. This risk was not mitigated by net profits on business activity, because this did not result in additional revenue. [...] The existence of the risk was demonstrated by the high level of financing assets by debt, including a significant share of arrears to public-law institutions. This situation dissuaded investors from investing in the company, as evidenced by the company’s difficulties in obtaining bank loans.’ |
| --- | --- |

(50)

In 2004, the third Polish monitoring report of September 2004 also indicated that TB had low financial liquidity and that its financial surplus did not cover repayment of loan instalments with interest, which meant there was a high risk of defaulting (26). The fourth Polish report for 2004 contained detailed data on arrears (see recital (34) above) and indicated that the company had not received any support from financial institutions, implemented its planned job cuts or reached forecast productivity levels. As regards the company’s financial standing, it concluded that, ‘of all the group companies, Technologie Buczek Sp. z o.o. was most at risk of losing financial liquidity. This risk was not mitigated by net profits on business activity, because this did not result in additional revenue. [...] The existence of the risk was demonstrated by the high level of financing assets by debt, including a significant share of arrears to public-law institutions. This situation dissuaded investors from investing in the company, as evidenced by the company’s difficulties in obtaining bank loans.’

| (51) | The Polish view was confirmed by the independent monitoring report of May 2005 (27). It stated that in 2004, despite the upturn on the steel market and rising steel prices (30 % higher than forecast) TB recorded a negative operating margin and sales were 20 % below forecasts. Therefore the consultant concluded that, ‘on the basis of its performance in 2003 and 2004, there was a significant risk that the company would not achieve viability by end-2006’ (28). |
| --- | --- |

(51)

The Polish view was confirmed by the independent monitoring report of May 2005 (27). It stated that in 2004, despite the upturn on the steel market and rising steel prices (30 % higher than forecast) TB recorded a negative operating margin and sales were 20 % below forecasts. Therefore the consultant concluded that, ‘on the basis of its performance in 2003 and 2004, there was a significant risk that the company would not achieve viability by end-2006’ (28).

| (52) | In September 2005 the fifth Polish report confirmed that TB had lost financial liquidity. It also stated that this was due to the spinning-off of the rolls business (29). |
| --- | --- |

(52)

In September 2005 the fifth Polish report confirmed that TB had lost financial liquidity. It also stated that this was due to the spinning-off of the rolls business (29).

(e)   Changes in strategy

| (53) | TB has changed its management and its business strategy several times. |
| --- | --- |

(53)

TB has changed its management and its business strategy several times.

| (54) | TB has attempted to implement various structural changes. The board was dismissed several times, in 2003, 2005 (February and October) and 2006. |
| --- | --- |

(54)

TB has attempted to implement various structural changes. The board was dismissed several times, in 2003, 2005 (February and October) and 2006.

| (55) | At end-2003, in September 2005 and at the beginning of 2006 TB changed its restructuring strategy. The 2005 IBP clearly changed the strategy by narrowing down TB’s activity to ALU coated steel tubes and tubes made from chromium steel. To this end, manpower was to be reduced to 267 employees. The updated IBP apparently imposed an obligation on TB to discontinue production of unprofitable high alloy seamless and welded tubes. The company also stopped production of welded tubes from HR strip. |
| --- | --- |

(55)

At end-2003, in September 2005 and at the beginning of 2006 TB changed its restructuring strategy. The 2005 IBP clearly changed the strategy by narrowing down TB’s activity to ALU coated steel tubes and tubes made from chromium steel. To this end, manpower was to be reduced to 267 employees. The updated IBP apparently imposed an obligation on TB to discontinue production of unprofitable high alloy seamless and welded tubes. The company also stopped production of welded tubes from HR strip.

| (56) | As indicated by Poland in a letter of 14 February 2006, as of 2006 TB intended to terminate production in 2007 and wanted to continue as a purely management company. It planned to set up a new company with the intention of creating a leading Polish company specialising in the production of aluminium and chrome pipes for the motor vehicle industry. To this end a separate company was to be set up as the ‘ongoing restructuring of TB's assets and finances [...] precludes financial stabilisation, the repayment of budget arrears and the obtaining of loans giving access to cheaper sources of financing’ (30). It was to use the welding lines W-4 and W-2, leasing them from TB while the entire workforce was transferred to it (with the exception of a few workers left to run TB). The necessary infrastructure had clearly been hived off from TB's assets. The remaining welding machines were to be sold for reasons of asset restructuring. Given that production was to cease by end-2006 the Commission concludes that the new restructuring strategy implied the de facto winding-up of TB. |
| --- | --- |

(56)

As indicated by Poland in a letter of 14 February 2006, as of 2006 TB intended to terminate production in 2007 and wanted to continue as a purely management company. It planned to set up a new company with the intention of creating a leading Polish company specialising in the production of aluminium and chrome pipes for the motor vehicle industry. To this end a separate company was to be set up as the ‘ongoing restructuring of TB's assets and finances [...] precludes financial stabilisation, the repayment of budget arrears and the obtaining of loans giving access to cheaper sources of financing’ (30). It was to use the welding lines W-4 and W-2, leasing them from TB while the entire workforce was transferred to it (with the exception of a few workers left to run TB). The necessary infrastructure had clearly been hived off from TB's assets. The remaining welding machines were to be sold for reasons of asset restructuring. Given that production was to cease by end-2006 the Commission concludes that the new restructuring strategy implied the de facto winding-up of TB.

| (57) | TB has since filed for bankruptcy (15 September 2006). The bankrupt TB Group has been allowed to continue its business activity. This now consists in leasing assets to its subsidiaries. The administrator in bankruptcy plans to sell off the organised parts of the company and to continue leasing activity until that time. |
| --- | --- |

(57)

TB has since filed for bankruptcy (15 September 2006). The bankrupt TB Group has been allowed to continue its business activity. This now consists in leasing assets to its subsidiaries. The administrator in bankruptcy plans to sell off the organised parts of the company and to continue leasing activity until that time.

(f)   Corporate restructuring

| (58) | TB has restructured its group and spun off two profitable activities, rolls production (to HB) and the aluminium and chrome pipe business (to BA) (see recital (14) above). |
| --- | --- |

(58)

TB has restructured its group and spun off two profitable activities, rolls production (to HB) and the aluminium and chrome pipe business (to BA) (see recital (14) above).

| (59) | TB’s rolls production activities were not considered part of its core business. As early as 2002 the IBP indicated that no further investments should be made in HB and that it should be spun off. |
| --- | --- |

(59)

TB’s rolls production activities were not considered part of its core business. As early as 2002 the IBP indicated that no further investments should be made in HB and that it should be spun off.

| (60) | HB was founded in December 2004 with initial capital of PLN 100 000. The following year its value was increased to PLN 14 911 600 by a way of an asset injection of PLN 3 330 900 on 17 January 2005, capital injections of PLN 3 850 000 and PLN 1 830 700 in February/March and November 2005 respectively and an injection of intangible assets with a value of PLN 5 800 000 on 13 July 2006. |
| --- | --- |

(60)

HB was founded in December 2004 with initial capital of PLN 100 000. The following year its value was increased to PLN 14 911 600 by a way of an asset injection of PLN 3 330 900 on 17 January 2005, capital injections of PLN 3 850 000 and PLN 1 830 700 in February/March and November 2005 respectively and an injection of intangible assets with a value of PLN 5 800 000 on 13 July 2006.

| (61) | The overall value of HB was estimated at PLN 38 million on the basis of the Swiss method. Hence its market value is much higher than its share value of PLN 14,9 million. In fact HB is recording profits. It has no arrears with public bodies. In June/July 2005 HB purchased real estate and machinery from TB for PLN 9 450 013 with an estimated value of PLN 10 430 194. The pledges on the assets remained and, in accordance with Polish law (Article 112 of the Tax Act), HB even became a joint and several debtor with TB for some of TB’s debts vis-à-vis ZUS. |
| --- | --- |

(61)

The overall value of HB was estimated at PLN 38 million on the basis of the Swiss method. Hence its market value is much higher than its share value of PLN 14,9 million. In fact HB is recording profits. It has no arrears with public bodies. In June/July 2005 HB purchased real estate and machinery from TB for PLN 9 450 013 with an estimated value of PLN 10 430 194. The pledges on the assets remained and, in accordance with Polish law (Article 112 of the Tax Act), HB even became a joint and several debtor with TB for some of TB’s debts vis-à-vis ZUS.

| (62) | BA was revived in 2005 to receive the aluminium and chrome pipe business. To that end, TB's workforce was transferred to BA and, in July 2006, capital of PLN 1 550 000 was injected. BA leases production assets for the automotive exhaust pipes business from TB (including welding lines W2 and W4 and a slitting line). Under the lease agreement, which is of unlimited duration, BA pays PLN 258 000 per month + VAT. On this basis BA is clearly benefiting from the investments made in these assets. In fact the seventh Polish report confirms that TB has transferred 20 thousand tonnes of production capacity to BA (31). |
| --- | --- |

(62)

BA was revived in 2005 to receive the aluminium and chrome pipe business. To that end, TB's workforce was transferred to BA and, in July 2006, capital of PLN 1 550 000 was injected. BA leases production assets for the automotive exhaust pipes business from TB (including welding lines W2 and W4 and a slitting line). Under the lease agreement, which is of unlimited duration, BA pays PLN 258 000 per month + VAT. On this basis BA is clearly benefiting from the investments made in these assets. In fact the seventh Polish report confirms that TB has transferred 20 thousand tonnes of production capacity to BA (31).

| (63) | In February 2004 EF signed a factoring service contract with TB. Pledges on the shares of HB and BA were registered in order to ensure compliance with the contract. EF thus became TB’s biggest creditor. As EF was only a shareholder of GFR, EF's claims are not deemed to constitute capital investment in TB. |
| --- | --- |

(63)

In February 2004 EF signed a factoring service contract with TB. Pledges on the shares of HB and BA were registered in order to ensure compliance with the contract. EF thus became TB’s biggest creditor. As EF was only a shareholder of GFR, EF's claims are not deemed to constitute capital investment in TB.

| (64) | TB is currently the owner of 51,2 % of BA shares. The remaining shares in BA were taken over by EF when a pledge was enforced on 20 July 2006 as debt settlement. Settlement was effected at the nominal value of shares (PLN 7,2 million). |
| --- | --- |

(64)

TB is currently the owner of 51,2 % of BA shares. The remaining shares in BA were taken over by EF when a pledge was enforced on 20 July 2006 as debt settlement. Settlement was effected at the nominal value of shares (PLN 7,2 million).

| (65) | As a creditor, EF also lodged an application with the administrator for 48,8 % of HB shares to be excluded from the bankruptcy proceedings. This application was, however, dismissed by the judge in September 2006. |
| --- | --- |

(65)

As a creditor, EF also lodged an application with the administrator for 48,8 % of HB shares to be excluded from the bankruptcy proceedings. This application was, however, dismissed by the judge in September 2006.

III.   GROUNDS FOR INITIATING THE PROCEDURE

| (66) | In its decision to initiate the procedure the Commission found that the restructuring of TB was incompatible with Protocol No 8 and raised three issues:






  (a) | given that the restructuring plan had not been implemented, it had decided to investigate whether there had been misuse of restructuring aid; |
| --- | --- | --- |

(66)

In its decision to initiate the procedure the Commission found that the restructuring of TB was incompatible with Protocol No 8 and raised three issues:

(a)

given that the restructuring plan had not been implemented, it had decided to investigate whether there had been misuse of restructuring aid;

| (b) | whether the non-enforcement of the outstanding public debt constituted State Aid within the meaning of Article 87(1) of the EC Treaty; |
| --- | --- |

(b)

whether the non-enforcement of the outstanding public debt constituted State Aid within the meaning of Article 87(1) of the EC Treaty;

| (c) | whether additional budgetary support had been awarded for employment restructuring after 2003, possibly constituting State Aid under Article 87(1) TEC. |
| --- | --- |

(c)

whether additional budgetary support had been awarded for employment restructuring after 2003, possibly constituting State Aid under Article 87(1) TEC.

| (67) | The Commission indicated that it would consider the whole group as the recipient. |
| --- | --- |

(67)

The Commission indicated that it would consider the whole group as the recipient.

IV.   COMMENTS FROM POLAND

| (68) | First, the Polish authorities dispute that restructuring aid was misused. Poland argues that the aid was not in its entirety restructuring aid.






  (a) | This mainly concerns R&D aid provided between 2002 and 2003. TB used most of the aid it was awarded under the restructuring plan for R&D. Poland has confirmed that the aid was used for that purpose. The Polish authorities have provided information on the Ordinance of the Chairman of the Committee for Scientific Research of 30 November 2001 on the criteria and methods used to award and calculate state funding for science. Accordingly, R&D expenditure was monitored on the basis of invoices submitted and detailed annual reports which indicated that no misuse of aid had occurred. |
| --- | --- | --- |

(68)

First, the Polish authorities dispute that restructuring aid was misused. Poland argues that the aid was not in its entirety restructuring aid.

(a)

This mainly concerns R&D aid provided between 2002 and 2003. TB used most of the aid it was awarded under the restructuring plan for R&D. Poland has confirmed that the aid was used for that purpose. The Polish authorities have provided information on the Ordinance of the Chairman of the Committee for Scientific Research of 30 November 2001 on the criteria and methods used to award and calculate state funding for science. Accordingly, R&D expenditure was monitored on the basis of invoices submitted and detailed annual reports which indicated that no misuse of aid had occurred.

| (b) | The employment aid awarded before 2004 was deemed compatible given that its approval had been linked to other factors in the accession negotiations. The Polish authorities do not, however, maintain that this aid is compatible on grounds other than for restructuring purposes. |
| --- | --- |

(b)

The employment aid awarded before 2004 was deemed compatible given that its approval had been linked to other factors in the accession negotiations. The Polish authorities do not, however, maintain that this aid is compatible on grounds other than for restructuring purposes.

| (c) | Poland also argues that some of the aid awarded before 2002 was actually used for R&D, environmental protection and training purposes and was spent for its designated purpose. |
| --- | --- |

(c)

Poland also argues that some of the aid awarded before 2002 was actually used for R&D, environmental protection and training purposes and was spent for its designated purpose.

| (69) | Second, the Polish authorities have forwarded some explanations by the relevant institutional creditors, ZUS, Sosnowiec local authority and PFRON concerning their enforcement action, so as to underline that they behaved like private creditors.






  (a) | In the course of its enforcement action ZUS seized the company’s accounts and claims and managed to enforce PLN 2,3 million in 2005. It also has a mortgage on TB’s real estate worth more than PLN 25 million and has taken out a fiscal pledge on the company’s assets to the value of PLN 12,2 million. According to ZUS, however, there were no grounds to conclude that, in the event of TB being declared bankrupt, a higher proportion of its claims would be settled than in the event of intensified enforcement proceedings being taken against TB. Instead, it was likely that the sales price obtained for the assets would be significantly lower than for most liabilities secured by pledge. In addition, the majority of forced mortgages encumbering TB’s assets which had been set up for ZUS had been preceded by securities set up for other creditors which, in the event of the real estate being sold off within the context of bankruptcy proceedings, would have priority for the settlement of existing claims. |
| --- | --- | --- |

(69)

Second, the Polish authorities have forwarded some explanations by the relevant institutional creditors, ZUS, Sosnowiec local authority and PFRON concerning their enforcement action, so as to underline that they behaved like private creditors.

(a)

In the course of its enforcement action ZUS seized the company’s accounts and claims and managed to enforce PLN 2,3 million in 2005. It also has a mortgage on TB’s real estate worth more than PLN 25 million and has taken out a fiscal pledge on the company’s assets to the value of PLN 12,2 million. According to ZUS, however, there were no grounds to conclude that, in the event of TB being declared bankrupt, a higher proportion of its claims would be settled than in the event of intensified enforcement proceedings being taken against TB. Instead, it was likely that the sales price obtained for the assets would be significantly lower than for most liabilities secured by pledge. In addition, the majority of forced mortgages encumbering TB’s assets which had been set up for ZUS had been preceded by securities set up for other creditors which, in the event of the real estate being sold off within the context of bankruptcy proceedings, would have priority for the settlement of existing claims.

| (b) | Sosnowiec local authority conducted enforcement proceedings, seizing bank accounts (the amount of enforced claims is about PLN 1,7 million) and seizing claims in the form of rent (revenue equivalent to PLN 0,5 million). The local authority’s claims were also secured by registering forced mortgages to a total amount of PLN 3,2 million, plus interest. |
| --- | --- |

(b)

Sosnowiec local authority conducted enforcement proceedings, seizing bank accounts (the amount of enforced claims is about PLN 1,7 million) and seizing claims in the form of rent (revenue equivalent to PLN 0,5 million). The local authority’s claims were also secured by registering forced mortgages to a total amount of PLN 3,2 million, plus interest.

| (c) | PFRON indicated that it conducted enforcement proceedings against TB in 2005, issuing six enforceable titles which led to partial repayment in July 2006. |
| --- | --- |

(c)

PFRON indicated that it conducted enforcement proceedings against TB in 2005, issuing six enforceable titles which led to partial repayment in July 2006.

| (70) | Third, Poland responded to the European Commission's doubts regarding aid for employment restructuring after 2003. It explained that the Iron and Steel Industry (Restructuring) Act of 24 August 2001 had been amended in December 2003 so that aid was earmarked solely for redundant workers; the steelworks were used purely as intermediaries to transfer funds (see recital (20) above). |
| --- | --- |

(70)

Third, Poland responded to the European Commission's doubts regarding aid for employment restructuring after 2003. It explained that the Iron and Steel Industry (Restructuring) Act of 24 August 2001 had been amended in December 2003 so that aid was earmarked solely for redundant workers; the steelworks were used purely as intermediaries to transfer funds (see recital (20) above).

| (71) | Lastly, the Polish authorities take the view that TB's subsidiaries can be held liable only if they actually benefited from the aid. They also claim that capital and asset injections were carried out in a proper manner. The Polish authorities also note that HB is not a steel producer and is therefore not caught by Protocol No 8. |
| --- | --- |

(71)

Lastly, the Polish authorities take the view that TB's subsidiaries can be held liable only if they actually benefited from the aid. They also claim that capital and asset injections were carried out in a proper manner. The Polish authorities also note that HB is not a steel producer and is therefore not caught by Protocol No 8.

V.   ASSESSMENT OF THE AID

1.   Applicable law

| (72) | Point 1 of Protocol No 8 states that ‘notwithstanding Articles 87 and 88 of the EC Treaty, State Aid awarded by Poland for restructuring purposes to specified parts of the Polish steel industry shall be deemed to be compatible with the common market’ if, inter alia, the conditions laid down in the Protocol are met. |
| --- | --- |

(72)

Point 1 of Protocol No 8 states that ‘notwithstanding Articles 87 and 88 of the EC Treaty, State Aid awarded by Poland for restructuring purposes to specified parts of the Polish steel industry shall be deemed to be compatible with the common market’ if, inter alia, the conditions laid down in the Protocol are met.

| (73) | The grace period for granting restructuring aid to the Polish steel industry under the Europe Agreement was extended by the Council until the accession of Poland to the EU. This arrangement was included in Protocol No 8 to the Treaty of Accession to the European Union. In order to achieve that objective, it covers a time-frame extending before and after accession. More precisely, it authorises the award of a limited amount of restructuring aid from 1997 to 2003 and forbids any further State Aid for restructuring purposes to the Polish steel industry between 1997 and 2006. In that respect, it clearly differs from other provisions of the Accession Treaty such as the interim mechanism set out in Annex IV (the ‘existing aid procedure’), which only concerns State Aid awarded before accession in so far as it is ‘still applicable after’ the date of accession. Protocol No 8 can therefore be regarded as lex specialis which, for the matters that it covers, supersedes any other provision of the Act of Accession (32). |
| --- | --- |

(73)

The grace period for granting restructuring aid to the Polish steel industry under the Europe Agreement was extended by the Council until the accession of Poland to the EU. This arrangement was included in Protocol No 8 to the Treaty of Accession to the European Union. In order to achieve that objective, it covers a time-frame extending before and after accession. More precisely, it authorises the award of a limited amount of restructuring aid from 1997 to 2003 and forbids any further State Aid for restructuring purposes to the Polish steel industry between 1997 and 2006. In that respect, it clearly differs from other provisions of the Accession Treaty such as the interim mechanism set out in Annex IV (the ‘existing aid procedure’), which only concerns State Aid awarded before accession in so far as it is ‘still applicable after’ the date of accession. Protocol No 8 can therefore be regarded as lex specialis which, for the matters that it covers, supersedes any other provision of the Act of Accession (32).

| (74) | The Commission also notes that the scope of the Polish NRP and Protocol No 8 is not limited to that of Annex 1 of the ECSC Treaty. Instead, Protocol No 8 also covers certain steel sectors not covered by the ECSC Treaty (33), in particular seamless tubes and large welded tubes. This is in line with the definition of steel under the EC State Aid rules (34), which applied when Protocol No 8 came into effect. Above all, it follows from the scope of the NRP, which Protocol No 8 implements. In fact, half of the recipients under the last NRP are tube producers, namely Huta Andrzej S.A. (bankrupt), Huta Batory S.A. (bankrupt), Huta Pokój, a subsidiary of Mittal Steel Poland (former PHS) and TB. Therefore, Protocol No 8 also applies to tube producers, in particular to TB. |
| --- | --- |

(74)

The Commission also notes that the scope of the Polish NRP and Protocol No 8 is not limited to that of Annex 1 of the ECSC Treaty. Instead, Protocol No 8 also covers certain steel sectors not covered by the ECSC Treaty (33), in particular seamless tubes and large welded tubes. This is in line with the definition of steel under the EC State Aid rules (34), which applied when Protocol No 8 came into effect. Above all, it follows from the scope of the NRP, which Protocol No 8 implements. In fact, half of the recipients under the last NRP are tube producers, namely Huta Andrzej S.A. (bankrupt), Huta Batory S.A. (bankrupt), Huta Pokój, a subsidiary of Mittal Steel Poland (former PHS) and TB. Therefore, Protocol No 8 also applies to tube producers, in particular to TB.

| (75) | Consequently, while Articles 87 and 88 TEC would normally not apply to aid awarded before accession and not applicable after accession, Protocol No 8 extends State Aid monitoring under the EC Treaty to cover any aid awarded for the restructuring of the Polish steel industry between 1997 and 2006. |
| --- | --- |

(75)

Consequently, while Articles 87 and 88 TEC would normally not apply to aid awarded before accession and not applicable after accession, Protocol No 8 extends State Aid monitoring under the EC Treaty to cover any aid awarded for the restructuring of the Polish steel industry between 1997 and 2006.

| (76) | Decisions may be taken after Poland’s accession under Article 88(2) TEC because, in the absence of specific provisions in Protocol No 8, the normal rules and principles should apply. Consequently, Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (hereinafter ‘the Procedural Regulation’) (35) will also apply. |
| --- | --- |

(76)

Decisions may be taken after Poland’s accession under Article 88(2) TEC because, in the absence of specific provisions in Protocol No 8, the normal rules and principles should apply. Consequently, Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 (hereinafter ‘the Procedural Regulation’) (35) will also apply.

2.   Existence of aid

| (77) | According to Article 87(1) TEC, State Aid is any aid awarded by a Member State or through state resources in any form whatsoever which distorts, or threatens to distort, competition by favouring certain undertakings, in so far as it affects trade between Member States, and is thereby incompatible with the common market. |
| --- | --- |

(77)

According to Article 87(1) TEC, State Aid is any aid awarded by a Member State or through state resources in any form whatsoever which distorts, or threatens to distort, competition by favouring certain undertakings, in so far as it affects trade between Member States, and is thereby incompatible with the common market.

| (78) | Poland was authorised by Protocol No 8 to grant restructuring aid to TB in order to implement its restructuring plan. |
| --- | --- |

(78)

Poland was authorised by Protocol No 8 to grant restructuring aid to TB in order to implement its restructuring plan.

| (79) | However, the granting of aid was limited by a grace period which expired at end-2003. Thereafter, Poland was no longer authorised to grant restructuring aid under Protocol No 8. Any aid would then be in breach of Point 18(c) of Protocol No 8 prohibiting any granting of additional State Aid to the steel industry and to the benefiting companies indicated in the Protocol in particular. |
| --- | --- |

(79)

However, the granting of aid was limited by a grace period which expired at end-2003. Thereafter, Poland was no longer authorised to grant restructuring aid under Protocol No 8. Any aid would then be in breach of Point 18(c) of Protocol No 8 prohibiting any granting of additional State Aid to the steel industry and to the benefiting companies indicated in the Protocol in particular.

| (80) | Notwithstanding this, the Polish authorities continued to give or prolong outstanding loans to TB after 2003 which has to be considered as State Aid within the meaning of Article 87(1) TEC. |
| --- | --- |

(80)

Notwithstanding this, the Polish authorities continued to give or prolong outstanding loans to TB after 2003 which has to be considered as State Aid within the meaning of Article 87(1) TEC.

| (81) | The Commission points out that Article 87(1) TEC covers interventions in various forms which reduce a company’s normal costs and which, without therefore being subsidies in the strict sense of the word, are similar in character and have the same effect. This has been confirmed on numerous occasions in cases where a public body responsible for collecting social security contributions tolerates non-payment or late payment of such contributions, as its conduct undoubtedly gives the recipient a significant competitive advantage by reducing, for that company, the burden associated with the normal operation of the social security system (36). Instead of a deferral of payments the public creditor could have demanded immediate repayment of the total amount owed, if necessary by relying on the mortgage in its favour (37). |
| --- | --- |

(81)

The Commission points out that Article 87(1) TEC covers interventions in various forms which reduce a company’s normal costs and which, without therefore being subsidies in the strict sense of the word, are similar in character and have the same effect. This has been confirmed on numerous occasions in cases where a public body responsible for collecting social security contributions tolerates non-payment or late payment of such contributions, as its conduct undoubtedly gives the recipient a significant competitive advantage by reducing, for that company, the burden associated with the normal operation of the social security system (36). Instead of a deferral of payments the public creditor could have demanded immediate repayment of the total amount owed, if necessary by relying on the mortgage in its favour (37).

| (82) | In order to establish that there is an advantage which can be classified as State Aid for the purposes of Article 87(1) TEC, the Commission needs to demonstrate that the public authorities acted differently from a hypothetical private creditor, who would, in so far as possible, be in the same situation vis-à-vis his debtor (38). |
| --- | --- |

(82)

In order to establish that there is an advantage which can be classified as State Aid for the purposes of Article 87(1) TEC, the Commission needs to demonstrate that the public authorities acted differently from a hypothetical private creditor, who would, in so far as possible, be in the same situation vis-à-vis his debtor (38).

| (83) | As a preliminary remark, the Commission notes that the very existence of previous aid to a company prevents it on the basis of established European case-law from viewing the case from the perspective of a hypothetical private creditor, since a creditor of that type would obviously not have tolerated the original waiver, as it would otherwise not have been aid (39). This is particularly true in a restructuring scenario, where both measures fall within the restructuring period. |
| --- | --- |

(83)

As a preliminary remark, the Commission notes that the very existence of previous aid to a company prevents it on the basis of established European case-law from viewing the case from the perspective of a hypothetical private creditor, since a creditor of that type would obviously not have tolerated the original waiver, as it would otherwise not have been aid (39). This is particularly true in a restructuring scenario, where both measures fall within the restructuring period.

| (84) | The non-existence of an updated restructuring plan also prevents an assessment of a hypothetical private creditor. In this case too, according to established case-law, when considering a rescheduling agreement from a market economy investor perspective, such an investor would have required a comprehensive update of the original restructuring plan. No private creditor or investor would accept restructuring without such a plan (40), as was the case here. |
| --- | --- |

(84)

The non-existence of an updated restructuring plan also prevents an assessment of a hypothetical private creditor. In this case too, according to established case-law, when considering a rescheduling agreement from a market economy investor perspective, such an investor would have required a comprehensive update of the original restructuring plan. No private creditor or investor would accept restructuring without such a plan (40), as was the case here.

| (85) | Furthermore, even on the basis of a hypothetical restructuring plan, no hypothetical private creditor would have entered into an additional restructuring agreement. |
| --- | --- |

(85)

Furthermore, even on the basis of a hypothetical restructuring plan, no hypothetical private creditor would have entered into an additional restructuring agreement.

| (86) | The Commission does not dispute that non-enforcement of the public debts which were eligible for waivers under the IBP/NRP was justified for a certain period of time under the mechanism envisaged in the Act of 30 August 2002. Indeed, enforcement of the liabilities subject to restructuring on the basis of the Act of 30 August 2002 was prohibited pending the completion of restructuring proceedings or discontinuance of proceedings on the grounds enumerated in the Act. Moreover, the Commission notes that as regards additional debts which were not subject to rescheduling, creditors could have counted on an improvement in TB's financial situation following the planned waiver, and therefore might have had reason to suspend debt enforcement until aid was awarded pursuant to the Act of 30 August 2002. |
| --- | --- |

(86)

The Commission does not dispute that non-enforcement of the public debts which were eligible for waivers under the IBP/NRP was justified for a certain period of time under the mechanism envisaged in the Act of 30 August 2002. Indeed, enforcement of the liabilities subject to restructuring on the basis of the Act of 30 August 2002 was prohibited pending the completion of restructuring proceedings or discontinuance of proceedings on the grounds enumerated in the Act. Moreover, the Commission notes that as regards additional debts which were not subject to rescheduling, creditors could have counted on an improvement in TB's financial situation following the planned waiver, and therefore might have had reason to suspend debt enforcement until aid was awarded pursuant to the Act of 30 August 2002.

| (87) | However, it is evident that restructuring on the basis of the Act of 30 August 2002 failed, at least partly because of non-compliance with Protocol No 8 as manifested in the negative opinion of the OCCP (the first, dated 6 February 2004), and partly because of the company’s financial problems which prevented TB from complying with national law. The Commission considers that such failure must have come to the knowledge of the main public creditors such as ZUS, the local authority and the Tax Office, as they all were involved in the original debt restructuring. Similarly, PFRON should have been alerted by the OCCP’s opinion on TB's debt to PFRON. |
| --- | --- |

(87)

However, it is evident that restructuring on the basis of the Act of 30 August 2002 failed, at least partly because of non-compliance with Protocol No 8 as manifested in the negative opinion of the OCCP (the first, dated 6 February 2004), and partly because of the company’s financial problems which prevented TB from complying with national law. The Commission considers that such failure must have come to the knowledge of the main public creditors such as ZUS, the local authority and the Tax Office, as they all were involved in the original debt restructuring. Similarly, PFRON should have been alerted by the OCCP’s opinion on TB's debt to PFRON.

| (88) | Following the failure of the previous restructuring agreement, particular alertness can be expected from private creditors, who would scrutinise the economic situation of their debtor (41). Accordingly, careful consideration of the advantage derived from rescheduling the debt would have shown that the potential recovery would not have exceeded the safe return inherent in the firm’s liquidation (42). In fact, a new rescheduling agreement would require restructuring to restore viability to the company in all cases and to prevent increases in arrears, so that the creditor could anticipate recovery of the loans within a reasonable time. |
| --- | --- |

(88)

Following the failure of the previous restructuring agreement, particular alertness can be expected from private creditors, who would scrutinise the economic situation of their debtor (41). Accordingly, careful consideration of the advantage derived from rescheduling the debt would have shown that the potential recovery would not have exceeded the safe return inherent in the firm’s liquidation (42). In fact, a new rescheduling agreement would require restructuring to restore viability to the company in all cases and to prevent increases in arrears, so that the creditor could anticipate recovery of the loans within a reasonable time.

| (89) | In the case of TB, a return to viability by end-2004 was highly doubtful, as the company had had a negative operating margin throughout 2003 and 2004 as indicated in recitals (49) to (51). Its turnover was not sufficient to cover its costs. TB did not even benefit from the upturn in the steel sector in 2004. As such, all indications regarding the prospects for TB's future viability were negative. |
| --- | --- |

(89)

In the case of TB, a return to viability by end-2004 was highly doubtful, as the company had had a negative operating margin throughout 2003 and 2004 as indicated in recitals (49) to (51). Its turnover was not sufficient to cover its costs. TB did not even benefit from the upturn in the steel sector in 2004. As such, all indications regarding the prospects for TB's future viability were negative.

| (90) | In addition, given that TB was no longer creditworthy, its debts were steadily rising. As of November 2004, TB was no longer able to pay its current debts, despite being in restructuring. As such, there was no reasonable possibility of recovering the past debt as a result of any hypothetical new restructuring of the debt. |
| --- | --- |

(90)

In addition, given that TB was no longer creditworthy, its debts were steadily rising. As of November 2004, TB was no longer able to pay its current debts, despite being in restructuring. As such, there was no reasonable possibility of recovering the past debt as a result of any hypothetical new restructuring of the debt.

| (91) | Given that the public creditors, i.e. the local authority, ZUS, PFRON and the Tax Office all had good securities, they had a good chance of transforming them into cash in collective insolvency proceedings under Polish insolvency law. The Commission cannot accept ZUS's argument that it did not have good securities, since the Polish authorities have indicated that first-rank pledges accounted for a significant part, if not all, of the securities (see recital (40) above). In view of the deterioration of the company and its assets, making use of these securities appeared to make more economic sense than restructuring (43). |
| --- | --- |

(91)

Given that the public creditors, i.e. the local authority, ZUS, PFRON and the Tax Office all had good securities, they had a good chance of transforming them into cash in collective insolvency proceedings under Polish insolvency law. The Commission cannot accept ZUS's argument that it did not have good securities, since the Polish authorities have indicated that first-rank pledges accounted for a significant part, if not all, of the securities (see recital (40) above). In view of the deterioration of the company and its assets, making use of these securities appeared to make more economic sense than restructuring (43).

| (92) | Furthermore, even if a hypothetical restructuring plan proposed some hypothetical asset restructuring, this proposal should not have reduced private creditors' resistance to restructuring. This is because all the assets of a firm as indebted as TB are normally pledged and thus promise hardly any return if sold off. Indeed, although the company announced asset restructuring on several occasions in 2005, it was not able to obtain more than PLN 5 million in cash from the sale of assets. |
| --- | --- |

(92)

Furthermore, even if a hypothetical restructuring plan proposed some hypothetical asset restructuring, this proposal should not have reduced private creditors' resistance to restructuring. This is because all the assets of a firm as indebted as TB are normally pledged and thus promise hardly any return if sold off. Indeed, although the company announced asset restructuring on several occasions in 2005, it was not able to obtain more than PLN 5 million in cash from the sale of assets.

| (93) | The Commission understands that in 2004 and subsequently TB made attempts to repay some of the debt but notes that these repayments barely covered the amounts of interest accrued (see the table in recital (34) for the effect of the PLN 5 million repaid in 2004). |
| --- | --- |

(93)

The Commission understands that in 2004 and subsequently TB made attempts to repay some of the debt but notes that these repayments barely covered the amounts of interest accrued (see the table in recital (34) for the effect of the PLN 5 million repaid in 2004).

| (94) | Lastly, with a view to providing a complete picture, it should be noted that the September 2005 plan was by no means a proper basis for further rescheduling. Given that the company was to be wound up, it is clear that its business activities would not generate any more profits and that liquidation would be the only solution. Indeed, the plan indicated that ZUS could count on only partial repayment. This was to be generated by the restructuring of assets worth about PLN 20 million up to end-2005, which proved unrealistic for the reasons stated in the previous paragraph. The proposed monthly payments after 2005 of PLN 100 000, subject to TB’s ability to pay, were not feasible either as TB was no longer operating. |
| --- | --- |

(94)

Lastly, with a view to providing a complete picture, it should be noted that the September 2005 plan was by no means a proper basis for further rescheduling. Given that the company was to be wound up, it is clear that its business activities would not generate any more profits and that liquidation would be the only solution. Indeed, the plan indicated that ZUS could count on only partial repayment. This was to be generated by the restructuring of assets worth about PLN 20 million up to end-2005, which proved unrealistic for the reasons stated in the previous paragraph. The proposed monthly payments after 2005 of PLN 100 000, subject to TB’s ability to pay, were not feasible either as TB was no longer operating.

| (95) | Instead, as TB admitted in its 2005 IBP, it saw spinning off its assets into BA as its only hope of restoring the business's viability. That did not just entail the spinning-off of its only profitable business (BA) but also determined TB’s fate, i.e. its liquidation. |
| --- | --- |

(95)

Instead, as TB admitted in its 2005 IBP, it saw spinning off its assets into BA as its only hope of restoring the business's viability. That did not just entail the spinning-off of its only profitable business (BA) but also determined TB’s fate, i.e. its liquidation.

| (96) | In short, the Commission finds that any hypothetical private creditor would have opted for enforcement of his claims as early as end-2004. At that time it became clear that TB was not able to honour its previous rescheduling agreements and would not be able to meet its current engagements. No updated plan had been presented and nor was there any perspective of the company becoming profitable. |
| --- | --- |

(96)

In short, the Commission finds that any hypothetical private creditor would have opted for enforcement of his claims as early as end-2004. At that time it became clear that TB was not able to honour its previous rescheduling agreements and would not be able to meet its current engagements. No updated plan had been presented and nor was there any perspective of the company becoming profitable.

| (97) | Thus Poland failed to enforce PLN 20,761 million (PLN 20,267 million was indicated in the fourth Polish restructuring report, but that amount was later rectified by the Polish authorities). This constitutes operating support for the firm to continue its inefficient business and is therefore an advantage granted through state resources which threatens to distort competition in so far as it affects trade between Member States, and is thereby incompatible with the common market in the sense of Article 87 of the EC Treaty. |
| --- | --- |

(97)

Thus Poland failed to enforce PLN 20,761 million (PLN 20,267 million was indicated in the fourth Polish restructuring report, but that amount was later rectified by the Polish authorities). This constitutes operating support for the firm to continue its inefficient business and is therefore an advantage granted through state resources which threatens to distort competition in so far as it affects trade between Member States, and is thereby incompatible with the common market in the sense of Article 87 of the EC Treaty.

| (98) | In order to quantify the aid amount, the hypothetical effect of non-enforcement of debt must be simulated. Given that a private creditor would have preferred to enforce its claims, the advantage that the firm derives from non-enforcement is the full amount of the claims which it does not have to reimburse. In other words, the firm has at its disposal an amount which, due to its financial situation, it would not be able to obtain on the market. In particular, if the State had enforced its claims the firm would not have been able to pay the amount due and would most probably have gone bankrupt. Failure to enforce the claims therefore had the same effect as granting the recipient the entire non-enforced amount (44). Hence the advantage obtained concerns an amount of PLN 20,761 million obtained as of 1 January 2005. However, given that a market economy operator would have enforced the original debt, this debt should hypothetically no longer exist and should not therefore be counted twice. |
| --- | --- |

(98)

In order to quantify the aid amount, the hypothetical effect of non-enforcement of debt must be simulated. Given that a private creditor would have preferred to enforce its claims, the advantage that the firm derives from non-enforcement is the full amount of the claims which it does not have to reimburse. In other words, the firm has at its disposal an amount which, due to its financial situation, it would not be able to obtain on the market. In particular, if the State had enforced its claims the firm would not have been able to pay the amount due and would most probably have gone bankrupt. Failure to enforce the claims therefore had the same effect as granting the recipient the entire non-enforced amount (44). Hence the advantage obtained concerns an amount of PLN 20,761 million obtained as of 1 January 2005. However, given that a market economy operator would have enforced the original debt, this debt should hypothetically no longer exist and should not therefore be counted twice.

| (99) | As regards the budgetary funds indicated as employment restructuring and awarded after 2004, the Commission's doubts have been allayed. Indeed they cannot be considered State Aid as the Polish authorities have explained that they are provided for the sole benefit of redundant workers, who cannot be considered as an undertaking; equally, such payments cannot be related to the employer as they are provided after the workers are laid off and do not diminish any other charges which the company would have to bear if no such aid were provided. |
| --- | --- |

(99)

As regards the budgetary funds indicated as employment restructuring and awarded after 2004, the Commission's doubts have been allayed. Indeed they cannot be considered State Aid as the Polish authorities have explained that they are provided for the sole benefit of redundant workers, who cannot be considered as an undertaking; equally, such payments cannot be related to the employer as they are provided after the workers are laid off and do not diminish any other charges which the company would have to bear if no such aid were provided.

3.   Misuse of aid

| (100) | Point 18(a) of Protocol No 8 gives the Commission the power to take ‘appropriate steps requiring any company concerned to reimburse any aid awarded in breach of the conditions laid down in this Protocol [...] if monitoring of the restructuring shows that the commitments for the transitional arrangements contained in this Protocol have not been fulfilled.’ |
| --- | --- |

(100)

Point 18(a) of Protocol No 8 gives the Commission the power to take ‘appropriate steps requiring any company concerned to reimburse any aid awarded in breach of the conditions laid down in this Protocol [...] if monitoring of the restructuring shows that the commitments for the transitional arrangements contained in this Protocol have not been fulfilled.’

| (101) | The Commission finds that TB did not fully implement its restructuring plan as explicitly stipulated in point 9 of Protocol No 8 and contributed to its bankruptcy with the various measures indicated in recital (56) above. Poland has not disputed this finding. |
| --- | --- |

(101)

The Commission finds that TB did not fully implement its restructuring plan as explicitly stipulated in point 9 of Protocol No 8 and contributed to its bankruptcy with the various measures indicated in recital (56) above. Poland has not disputed this finding.

| (102) | TB also failed to comply with several benchmarks set out in point 9 of Protocol No 8:






  (a) | TB was not able to obtain financial support from creditors and local financial institutions as stipulated in point 9(c) of Protocol No 8; |
| --- | --- | --- |

(102)

TB also failed to comply with several benchmarks set out in point 9 of Protocol No 8:

(a)

TB was not able to obtain financial support from creditors and local financial institutions as stipulated in point 9(c) of Protocol No 8;

| (b) | TB only partially reduced its costs as stipulated in point 9(c) of Protocol No 8. The consultant confirmed that this obligation was met only in part (45); |
| --- | --- |

(b)

TB only partially reduced its costs as stipulated in point 9(c) of Protocol No 8. The consultant confirmed that this obligation was met only in part (45);

| (c) | TB managed only partially to implement employment restructuring as parts of its cost savings programme. The number of workers was cut from 550 to 294 only thanks to the spinning-off of the rolls department into HB, not because of reductions in the core business (46); |
| --- | --- |

(c)

TB managed only partially to implement employment restructuring as parts of its cost savings programme. The number of workers was cut from 550 to 294 only thanks to the spinning-off of the rolls department into HB, not because of reductions in the core business (46);

| (d) | TB was not able to improve the efficiency and effectiveness of its business management as stipulated in the second recital of point 9(a) of Protocol No 8. In fact, TB’s management board has been replaced several times since 2002. |
| --- | --- |

(d)

TB was not able to improve the efficiency and effectiveness of its business management as stipulated in the second recital of point 9(a) of Protocol No 8. In fact, TB’s management board has been replaced several times since 2002.

| (103) | Since TB failed to meet the conditions set out in Protocol No 8 and did not properly implement its IBP, the restructuring aid has been misused and must be repaid. |
| --- | --- |

(103)

Since TB failed to meet the conditions set out in Protocol No 8 and did not properly implement its IBP, the restructuring aid has been misused and must be repaid.

4.   Compatibility of aid

(a)   On the basis of the NRP between 1997 and 2003

| (104) | The Commission indicated in the decision to initiate the procedure that other reasons of compatibility might take precedence over the fact that restructuring aid was not used in line with the restructuring plan. To that end the Commission observed that under the NRP not only restructuring aid but also other types of State Aid had been awarded. As such, the failure of the restructuring does not necessarily imply that all this aid was misused (47), if it can be proven to be compatible with the single market under other State Aid rules (48). |
| --- | --- |

(104)

The Commission indicated in the decision to initiate the procedure that other reasons of compatibility might take precedence over the fact that restructuring aid was not used in line with the restructuring plan. To that end the Commission observed that under the NRP not only restructuring aid but also other types of State Aid had been awarded. As such, the failure of the restructuring does not necessarily imply that all this aid was misused (47), if it can be proven to be compatible with the single market under other State Aid rules (48).

| (105) | The Commission notes that until 23 July 2002 the State Aid rules for the steel sector were contained in Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State Aid to the steel industry (49) (hereinafter ‘the Steel Aid Code’) (50). Commission practice in implementing Protocol No 8 shows that in principle it takes the view that aid awarded under other frameworks such as the R&D framework can be deemed compatible if the Commission has no serious doubts as to its compatibility under Annex IV(3)(2) of the Accession Treaty (51). |
| --- | --- |

(105)

The Commission notes that until 23 July 2002 the State Aid rules for the steel sector were contained in Commission Decision No 2496/96/ECSC of 18 December 1996 establishing Community rules for State Aid to the steel industry (49) (hereinafter ‘the Steel Aid Code’) (50). Commission practice in implementing Protocol No 8 shows that in principle it takes the view that aid awarded under other frameworks such as the R&D framework can be deemed compatible if the Commission has no serious doubts as to its compatibility under Annex IV(3)(2) of the Accession Treaty (51).

| (106) | First, Article 2 of the Steel Aid Code and the EC State Aid rules authorise aid which is compatible with the EC R&D framework. The R&D subsidies given in the context of the NRP were awarded by KBN and were covered by the Programme of the Chairman of KBN on the Criteria and Arrangements for Awarding and Calculating Financial Support for Science dated 30 November 2001, which was accepted by the Commission as existing aid under Measure PL 6 of Annex IV to the Accession Treaty. The NRP identified the ‘KBN’s resources’ as ‘authorised State Aid instruments in the form of subsidies for R&D’, which it clearly distinguished from ‘restructuring instruments’ (52). This NRP was approved by a Council decision in July 2003. The Commission has therefore decided not to raise objections to KBN's aid measure between 1997 and 2003 under Annex IV to the Accession Treaty and considers this aid as compatible R&D aid (53). |
| --- | --- |

(106)

First, Article 2 of the Steel Aid Code and the EC State Aid rules authorise aid which is compatible with the EC R&D framework. The R&D subsidies given in the context of the NRP were awarded by KBN and were covered by the Programme of the Chairman of KBN on the Criteria and Arrangements for Awarding and Calculating Financial Support for Science dated 30 November 2001, which was accepted by the Commission as existing aid under Measure PL 6 of Annex IV to the Accession Treaty. The NRP identified the ‘KBN’s resources’ as ‘authorised State Aid instruments in the form of subsidies for R&D’, which it clearly distinguished from ‘restructuring instruments’ (52). This NRP was approved by a Council decision in July 2003. The Commission has therefore decided not to raise objections to KBN's aid measure between 1997 and 2003 under Annex IV to the Accession Treaty and considers this aid as compatible R&D aid (53).

| (107) | As the aid classified as R&D in the IBP was provided by KBN it can be regarded as compatible aid. In addition, the Commission notes that Poland was able to demonstrate that the aid was paid out only in connection with the performance of R&D activities. This is true for aid awarded in 2002 and 2003 as well as R&D aid awarded between 1997 and 2000. |
| --- | --- |

(107)

As the aid classified as R&D in the IBP was provided by KBN it can be regarded as compatible aid. In addition, the Commission notes that Poland was able to demonstrate that the aid was paid out only in connection with the performance of R&D activities. This is true for aid awarded in 2002 and 2003 as well as R&D aid awarded between 1997 and 2000.

| (108) | However, in the case of the remaining training, employment restructuring and other restructuring aid, the Commission does not see under which provisions of the Steel Aid Code and the EC State Aid rules this aid could be deemed compatible. |
| --- | --- |

(108)

However, in the case of the remaining training, employment restructuring and other restructuring aid, the Commission does not see under which provisions of the Steel Aid Code and the EC State Aid rules this aid could be deemed compatible.

| (109) | First none of the aid is aid for environmental protection in line with the Community guidelines (54). Poland argued that aid designated as environmental aid in 1997 was awarded for the purpose of environmental protection, but without providing any details of the objectives in question. Also, the fact that the aid was provided by the Provincial Funds for Environmental Protection and Water Management does not suffice to demonstrate compatibility, as this fund is explicitly mentioned in the NRP as an example of a ‘restructuring instrument’ and, unlike R&D, it is not distinguished from restructuring instruments (see recital (106) above). Second, the aid was not used for closures (Article 4 of the Steel Aid Code), as TB did not close any facilities. In any event, apart from the aid from environmental funds, the Polish authorities did not invoke any derogation under either the Steel Aid Code or the EC rules whereby the aid could be regarded as compatible with the common market. |
| --- | --- |

(109)

First none of the aid is aid for environmental protection in line with the Community guidelines (54). Poland argued that aid designated as environmental aid in 1997 was awarded for the purpose of environmental protection, but without providing any details of the objectives in question. Also, the fact that the aid was provided by the Provincial Funds for Environmental Protection and Water Management does not suffice to demonstrate compatibility, as this fund is explicitly mentioned in the NRP as an example of a ‘restructuring instrument’ and, unlike R&D, it is not distinguished from restructuring instruments (see recital (106) above). Second, the aid was not used for closures (Article 4 of the Steel Aid Code), as TB did not close any facilities. In any event, apart from the aid from environmental funds, the Polish authorities did not invoke any derogation under either the Steel Aid Code or the EC rules whereby the aid could be regarded as compatible with the common market.

| (110) | Lastly, the Commission would point out that, even if certain measures were deemed to constitute compatible restructuring aid within the context of a comprehensive restructuring project ensuring the restoration of viability, the failure to implement the entire restructuring plan successfully and to restore viability means in principle that the whole restructuring project failed and that any aid awarded to that end no longer serves any purpose. Consequently aid awarded previously according to the plan is no longer justified either and must consequently be considered ex post as incompatible. |
| --- | --- |

(110)

Lastly, the Commission would point out that, even if certain measures were deemed to constitute compatible restructuring aid within the context of a comprehensive restructuring project ensuring the restoration of viability, the failure to implement the entire restructuring plan successfully and to restore viability means in principle that the whole restructuring project failed and that any aid awarded to that end no longer serves any purpose. Consequently aid awarded previously according to the plan is no longer justified either and must consequently be considered ex post as incompatible.

| (111) | In fact, Poland argues that the employment aid was compatible with the common market because its approval had been linked to other factors in the accession negotiations. This is not disputed by the Commission. Nevertheless, the Commission notes that the compatibility argument does not mean that the aid would be compatible in the absence of the restructuring project. Therefore, if the restructuring fails, individual measures such as employment restructuring must also be regarded as having been misused. In the absence of any indication that such aid was compatible under other grounds the Commission must conclude that it is incompatible. |
| --- | --- |

(111)

In fact, Poland argues that the employment aid was compatible with the common market because its approval had been linked to other factors in the accession negotiations. This is not disputed by the Commission. Nevertheless, the Commission notes that the compatibility argument does not mean that the aid would be compatible in the absence of the restructuring project. Therefore, if the restructuring fails, individual measures such as employment restructuring must also be regarded as having been misused. In the absence of any indication that such aid was compatible under other grounds the Commission must conclude that it is incompatible.

| (112) | To sum up, in view of the fact that the remaining training, employment restructuring and other restructuring aid is not covered by any other exception under the ECSC Steel Aid Code or the EC State Aid rules, the Commission takes the view that it constitutes unauthorised restructuring aid which, under Protocol No 8, is deemed incompatible with the common market. The Commission therefore concludes that aid designated as restructuring aid of PLN 849 746, as training aid of PLN 132 240, as environmental aid of PLN 196 800 and as employment aid of PLN 190 400, i.e. PLN 1 369 186 in total, has been misused. |
| --- | --- |

(112)

To sum up, in view of the fact that the remaining training, employment restructuring and other restructuring aid is not covered by any other exception under the ECSC Steel Aid Code or the EC State Aid rules, the Commission takes the view that it constitutes unauthorised restructuring aid which, under Protocol No 8, is deemed incompatible with the common market. The Commission therefore concludes that aid designated as restructuring aid of PLN 849 746, as training aid of PLN 132 240, as environmental aid of PLN 196 800 and as employment aid of PLN 190 400, i.e. PLN 1 369 186 in total, has been misused.

(b)   Aid outside the NRP and after accession

| (113) | The non-enforcement of debts at end-2004 constitutes operating aid and is as such clearly incompatible with the common market. It is not acceptable as restructuring aid either under Protocol No 8, which categorically prohibits any aid after 2003, or under any other provisions of Article 87(3) TEC. Indeed, the Commission notes that the Polish authorities have not even claimed the contrary. Therefore, any aid awarded to TB, BA and HB after Poland’s accession to the EU is incompatible regardless of whether the recipient (here HB) is a steel producer or not. |
| --- | --- |

(113)

The non-enforcement of debts at end-2004 constitutes operating aid and is as such clearly incompatible with the common market. It is not acceptable as restructuring aid either under Protocol No 8, which categorically prohibits any aid after 2003, or under any other provisions of Article 87(3) TEC. Indeed, the Commission notes that the Polish authorities have not even claimed the contrary. Therefore, any aid awarded to TB, BA and HB after Poland’s accession to the EU is incompatible regardless of whether the recipient (here HB) is a steel producer or not.

5.   Aid recipient

| (114) | The Commission expressed its opinion in the decision to initiate the procedure that the aid recipient is the TB group, including all its subsidiaries with the possible exception of TB-ZPR. This is because HB and BA are clearly part of the same business entity, i.e. the TB group. |
| --- | --- |

(114)

The Commission expressed its opinion in the decision to initiate the procedure that the aid recipient is the TB group, including all its subsidiaries with the possible exception of TB-ZPR. This is because HB and BA are clearly part of the same business entity, i.e. the TB group.

| (115) | As regards the non-enforcement of debt, which amounted to PLN 20 761 643 million, the present investigation confirms that parts of the group benefited from it. The Commission could not, however, establish such benefits in the case of ZPR and SAMKOL:






  (a) | ZPR is not majority owned by TB but by ZPR's employees; under Polish law it is thus not part of the group. Furthermore, no investments were made in the company and nor were any assets or capital transferred to it from TB between 2003 and 2006 (and probably not before then either). |
| --- | --- | --- |

(115)

As regards the non-enforcement of debt, which amounted to PLN 20 761 643 million, the present investigation confirms that parts of the group benefited from it. The Commission could not, however, establish such benefits in the case of ZPR and SAMKOL:

(a)

ZPR is not majority owned by TB but by ZPR's employees; under Polish law it is thus not part of the group. Furthermore, no investments were made in the company and nor were any assets or capital transferred to it from TB between 2003 and 2006 (and probably not before then either).

| (b) | SAMKOL, while part of the group, is not a steel producer. No investments were made in the company and nor were any assets or capital transferred to it between 2003 and 2006 (and probably not before then either). |
| --- | --- |

(b)

SAMKOL, while part of the group, is not a steel producer. No investments were made in the company and nor were any assets or capital transferred to it between 2003 and 2006 (and probably not before then either).

| (116) | On the other hand, the investigation showed that BA and HB profited from the aid. The operating aid did not remain within TB because non-enforcement allowed it to proceed with its business activity and organise its internal restructuring. |
| --- | --- |

(116)

On the other hand, the investigation showed that BA and HB profited from the aid. The operating aid did not remain within TB because non-enforcement allowed it to proceed with its business activity and organise its internal restructuring.

| (117) | The restructuring and the operating aid allowed TB first to complete investments in automotive exhaust production of around PLN 6,383 million (see recital (43) above) (55) initiated between 2003 and 2005 and which would not have been possible if TB had had to service its debt properly or to file for bankruptcy earlier. These assets, essential to automotive production, are today operated by BA. Although BA merely leases these assets from TB it would, had these investments not been realised, have needed to make similar investments itself. Moreover, by leasing these assets BA avoids exposure to enforcement of the associated pledges while enjoying similar rights to those of an owner, given that the lease period is unlimited. Moreover, BA is clearly continuing TB's core activity developed within the framework of TB’s restructuring plan with TB’s productive assets and workforce as part of the TB group. |
| --- | --- |

(117)

The restructuring and the operating aid allowed TB first to complete investments in automotive exhaust production of around PLN 6,383 million (see recital (43) above) (55) initiated between 2003 and 2005 and which would not have been possible if TB had had to service its debt properly or to file for bankruptcy earlier. These assets, essential to automotive production, are today operated by BA. Although BA merely leases these assets from TB it would, had these investments not been realised, have needed to make similar investments itself. Moreover, by leasing these assets BA avoids exposure to enforcement of the associated pledges while enjoying similar rights to those of an owner, given that the lease period is unlimited. Moreover, BA is clearly continuing TB's core activity developed within the framework of TB’s restructuring plan with TB’s productive assets and workforce as part of the TB group.

| (118) | Second, transferring assets, workers and capital to its subsidiaries (PLN 14,81 million to HB and PLN 1,55 million to BA, see recitals (60) and (62)) was possible only because the operating aid saved TB from bankruptcy. Without this aid, the two subsidiaries would most probably not have been set up in the first place and would definitely not have been able to operate. |
| --- | --- |

(118)

Second, transferring assets, workers and capital to its subsidiaries (PLN 14,81 million to HB and PLN 1,55 million to BA, see recitals (60) and (62)) was possible only because the operating aid saved TB from bankruptcy. Without this aid, the two subsidiaries would most probably not have been set up in the first place and would definitely not have been able to operate.

| (119) | Despite the fact that BA, HB and TB are different legal persons, the Commission considers that economic continuity exists and, in the light of the ownership structure, deems the three companies to form together a single undertaking (56) which should therefore be regarded as the aid recipient (57). |
| --- | --- |

(119)

Despite the fact that BA, HB and TB are different legal persons, the Commission considers that economic continuity exists and, in the light of the ownership structure, deems the three companies to form together a single undertaking (56) which should therefore be regarded as the aid recipient (57).

| (120) | This assessment of whether the company received an advantage is not altered by the fact that TB received some consideration in exchange for the benefits (i.e. shares for the capital injections and rent under the lease agreement) because it remained the ultimate owner (directly or indirectly) of all the assets and the transaction was not profit-orientated but carried out for reasons of internal organisation. The main issue is that the benefit is relocated within the group, i.e. the competitive position of TB which was created by the distortive aid was transferred. The fact that TB holds the shares in its subsidiaries does not alter this (58). However, the Commission would not go so far as to consider the sale of assets by TB to HB as an advantage, in so far as it was properly remunerated (59). |
| --- | --- |

(120)

This assessment of whether the company received an advantage is not altered by the fact that TB received some consideration in exchange for the benefits (i.e. shares for the capital injections and rent under the lease agreement) because it remained the ultimate owner (directly or indirectly) of all the assets and the transaction was not profit-orientated but carried out for reasons of internal organisation. The main issue is that the benefit is relocated within the group, i.e. the competitive position of TB which was created by the distortive aid was transferred. The fact that TB holds the shares in its subsidiaries does not alter this (58). However, the Commission would not go so far as to consider the sale of assets by TB to HB as an advantage, in so far as it was properly remunerated (59).

| (121) | On the basis of this assessment of the facts, and in view of the case-law of the European courts, the Commission considers that the incompatible aid should be recovered from the TB group bearing in mind the actual benefit derived from the aid (60). |
| --- | --- |

(121)

On the basis of this assessment of the facts, and in view of the case-law of the European courts, the Commission considers that the incompatible aid should be recovered from the TB group bearing in mind the actual benefit derived from the aid (60).

| (122) | The Commission does not, however, agree with the Polish authorities that the case solely concerns the initial addressee of the claims, which were not enforced and therefore constituted aid. In this case recovery of the aid could be carried out by registering the claim to the assets of the bankrupt TB. This option could be implemented on the basis of established case-law which recognises that liquidation of a company is considered as an acceptable alternative to full recovery since the objective is to abolish the aid, and that objective can be attained by way of proceedings to wind up the company (61). |
| --- | --- |

(122)

The Commission does not, however, agree with the Polish authorities that the case solely concerns the initial addressee of the claims, which were not enforced and therefore constituted aid. In this case recovery of the aid could be carried out by registering the claim to the assets of the bankrupt TB. This option could be implemented on the basis of established case-law which recognises that liquidation of a company is considered as an acceptable alternative to full recovery since the objective is to abolish the aid, and that objective can be attained by way of proceedings to wind up the company (61).

| (123) | However, the Commission finds that winding up the original aid recipient is unsatisfactory from a competition perspective where the actual benefit of the aid has been passed on. In this case, registration of the claim to the assets of the bankrupt TB would not allow the competitive advantage resulting from the actual benefit derived from the aid, which was passed on to TB’s subsidiaries, to be offset. Targeting TB alone would result in the sale of the subsidiaries as legal persons, but would not affect their economic activity as such, because the sale would not have an impact on the activity itself, the subsidiaries' accounts or their operations. |
| --- | --- |

(123)

However, the Commission finds that winding up the original aid recipient is unsatisfactory from a competition perspective where the actual benefit of the aid has been passed on. In this case, registration of the claim to the assets of the bankrupt TB would not allow the competitive advantage resulting from the actual benefit derived from the aid, which was passed on to TB’s subsidiaries, to be offset. Targeting TB alone would result in the sale of the subsidiaries as legal persons, but would not affect their economic activity as such, because the sale would not have an impact on the activity itself, the subsidiaries' accounts or their operations.

| (124) | Therefore, from a competition perspective, recovery from the actual recipients is the only appropriate option. Accordingly, the Polish authorities should primarily target the subsidiaries (reverting to the group only if recovery from the subsidiaries is no longer possible). This solution is in line with established case-law (62) on bankrupt undertakings and, in particular, with the Seleco case, which is based on similar facts but in which the Commission argued that the recovery claim should be extended to the hived-off entity. Contrary to the Seleco case, the Commission does not, however, want to extend recovery but has simply opted for recovering the actual benefit within the group. While the crucial issue as regards the extension of recovery is whether a hive-off removed resources from the bankrupt undertaking’s assets (63), this is irrelevant in an intra-group scenario as indicated above. |
| --- | --- |

(124)

Therefore, from a competition perspective, recovery from the actual recipients is the only appropriate option. Accordingly, the Polish authorities should primarily target the subsidiaries (reverting to the group only if recovery from the subsidiaries is no longer possible). This solution is in line with established case-law (62) on bankrupt undertakings and, in particular, with the Seleco case, which is based on similar facts but in which the Commission argued that the recovery claim should be extended to the hived-off entity. Contrary to the Seleco case, the Commission does not, however, want to extend recovery but has simply opted for recovering the actual benefit within the group. While the crucial issue as regards the extension of recovery is whether a hive-off removed resources from the bankrupt undertaking’s assets (63), this is irrelevant in an intra-group scenario as indicated above.

| (125) | In any event, the European courts accept that recovery can be demanded from a subsidiary if it was the actual recipient of the aid (64), which is the case here. Moreover, the Court of Justice has also accepted that the Commission should be allowed to seek recovery outside the liquidation procedure to avoid the risk of recovery being deprived of its effect (65). As explained in recital (56) above, TB deliberately hived off the automotive steel business into BA in order to continue the activity that benefited from the aid (66). However, the Commission considers this as simply an additional reason for recovering the aid from the actual recipient. |
| --- | --- |

(125)

In any event, the European courts accept that recovery can be demanded from a subsidiary if it was the actual recipient of the aid (64), which is the case here. Moreover, the Court of Justice has also accepted that the Commission should be allowed to seek recovery outside the liquidation procedure to avoid the risk of recovery being deprived of its effect (65). As explained in recital (56) above, TB deliberately hived off the automotive steel business into BA in order to continue the activity that benefited from the aid (66). However, the Commission considers this as simply an additional reason for recovering the aid from the actual recipient.

| (126) | On the other hand, the Commission is not able to establish that the misused restructuring aid awarded before 2004 was used for the benefit of any of TB’s subsidiaries. It must therefore be recovered from TB. |
| --- | --- |

(126)

On the other hand, the Commission is not able to establish that the misused restructuring aid awarded before 2004 was used for the benefit of any of TB’s subsidiaries. It must therefore be recovered from TB.

VI.   CONCLUSIONS

| (127) | The Commission concludes that the restructuring of TB was not properly implemented and failed, and that all restructuring aid awarded to TB during the restructuring period must therefore be deemed to have been misused. However, any aid which is compatible because it was awarded for R&D, and which was spent for that purpose, was not misused. |
| --- | --- |

(127)

The Commission concludes that the restructuring of TB was not properly implemented and failed, and that all restructuring aid awarded to TB during the restructuring period must therefore be deemed to have been misused. However, any aid which is compatible because it was awarded for R&D, and which was spent for that purpose, was not misused.

| (128) | Accordingly, the restructuring aid of PLN 1 369 186 received by the TB group between 1997 and 2003 is incompatible with points 9 and 18 of Protocol No 8 to the Accession Treaty and must be repaid pursuant to point 18 of Protocol No 8. |
| --- | --- |

(128)

Accordingly, the restructuring aid of PLN 1 369 186 received by the TB group between 1997 and 2003 is incompatible with points 9 and 18 of Protocol No 8 to the Accession Treaty and must be repaid pursuant to point 18 of Protocol No 8.

| (129) | Moreover, the restructuring aid received as of end-2004 of PLN 20 761 643 is incompatible with the common market within the meaning of Article 87(1) TEC and points 6 and 18 of Protocol No 8. |
| --- | --- |

(129)

Moreover, the restructuring aid received as of end-2004 of PLN 20 761 643 is incompatible with the common market within the meaning of Article 87(1) TEC and points 6 and 18 of Protocol No 8.

| (130) | As indicated above this aid is regarded as a grant received as of 1 January 2005 which should, as such, be recovered with interest as specified in recital (133) below. Given that this aid had similar effects to a debt waiver, the Commission could, however, accept that the Polish authorities proceed with recovery as if the original debt had been waived. The Commission would also find it acceptable, for the purpose of recovery, for any new debts of TB arising after 2004 to be disregarded, because some repayments were made by TB between the beginning of 2005 and August 2006 to public creditors which more or less neutralised the debts which arose after 2004 (67). As indicated in recital (36) above, TB’s total public debts after January 2005 never amounted to less than PLN 20,76 million and by August 2005 they had risen to PLN 22,7 million. |
| --- | --- |

(130)

As indicated above this aid is regarded as a grant received as of 1 January 2005 which should, as such, be recovered with interest as specified in recital (133) below. Given that this aid had similar effects to a debt waiver, the Commission could, however, accept that the Polish authorities proceed with recovery as if the original debt had been waived. The Commission would also find it acceptable, for the purpose of recovery, for any new debts of TB arising after 2004 to be disregarded, because some repayments were made by TB between the beginning of 2005 and August 2006 to public creditors which more or less neutralised the debts which arose after 2004 (67). As indicated in recital (36) above, TB’s total public debts after January 2005 never amounted to less than PLN 20,76 million and by August 2005 they had risen to PLN 22,7 million.

| (131) | As discussed above, repayment of the aid should take into account which companies actually benefited from it. As regards the amount of PLN 20 761 643, it should be borne in mind that PLN 7,833 million was passed on to BA and PLN 14,81 million to HB (see recitals (117)-(118) above). As the sum of these amounts (PLN 22,643 million) exceeds the amount of aid received, recovery should be limited to the total amount of the aid. This limitation should be proportionate, i.e. BA, which received 34,6 % of the total identified benefit, should also pay 34,6 % of the amount to be recovered (PLN 7 183 528); the remaining 65,4 % (PLN 13 578 115) should be recovered from HB. |
| --- | --- |

(131)

As discussed above, repayment of the aid should take into account which companies actually benefited from it. As regards the amount of PLN 20 761 643, it should be borne in mind that PLN 7,833 million was passed on to BA and PLN 14,81 million to HB (see recitals (117)-(118) above). As the sum of these amounts (PLN 22,643 million) exceeds the amount of aid received, recovery should be limited to the total amount of the aid. This limitation should be proportionate, i.e. BA, which received 34,6 % of the total identified benefit, should also pay 34,6 % of the amount to be recovered (PLN 7 183 528); the remaining 65,4 % (PLN 13 578 115) should be recovered from HB.

| (132) | Furthermore, the misused aid of PLN 1 369 186 received before 2002 should be recovered from TB, as there is no indication that this aid was passed on to other members of the TB group. |
| --- | --- |

(132)

Furthermore, the misused aid of PLN 1 369 186 received before 2002 should be recovered from TB, as there is no indication that this aid was passed on to other members of the TB group.

| (133) | The amounts to be recovered shall bear interest calculated in accordance with the provisions of the Implementing Regulation. In particular, under Article 9(4) of the Implementing Regulation, when five-year inter-bank swap rates are not available, the Commission may, in close cooperation with the Member State concerned, fix a State Aid recovery interest rate using a different method and on the basis of the information available to it. As five-year inter-bank swap rates were not available to Poland for the period when the incompatible aid was awarded, the recovery interest rate to be applied should be based on the available interest rate deemed appropriate for that period. To that end, reference may be made to the practice already established between Poland and the Commission (68), |
| --- | --- |

(133)

The amounts to be recovered shall bear interest calculated in accordance with the provisions of the Implementing Regulation. In particular, under Article 9(4) of the Implementing Regulation, when five-year inter-bank swap rates are not available, the Commission may, in close cooperation with the Member State concerned, fix a State Aid recovery interest rate using a different method and on the basis of the information available to it. As five-year inter-bank swap rates were not available to Poland for the period when the incompatible aid was awarded, the recovery interest rate to be applied should be based on the available interest rate deemed appropriate for that period. To that end, reference may be made to the practice already established between Poland and the Commission (68),

HAS ADOPTED THIS DECISION:

Article 1

The State Aid of PLN 20 761 643 unlawfully awarded by Poland to Technologie Buczek Group is in breach of Article 88(3) of the Treaty and is incompatible with the common market.

Article 2

The State Aid of PLN 1 369 186 awarded by Poland to Technologie Buczek Group between 1997 and 2003 has not been used in accordance with the conditions stipulated in Protocol No 8 to the Accession Treaty and is therefore incompatible with the common market.

Article 3

1.   Poland shall recover the aid referred to in Article 1 unlawfully made available to Technologie Buczek Group in particular from the subsidiaries Huta Buczek Sp. z o.o and Buczek Automotive Sp. z o.o, in proportion to the benefit actually obtained by them. Accordingly, Poland shall recover PLN 13 578 115 from Huta Buczek Sp. z o.o and PLN 7 183 528 from Buczek Automotive Sp. z o.o.

2.   Poland shall recover the misused aid referred to in Article 2 awarded to Technologie Buczek Group from Technologie Buczek S.A.

3.   The amounts to be recovered shall bear interest from the date on which they were made available to the recipient until their actual recovery.

4.   Interest shall be calculated on a compound basis in accordance with Chapter V of Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (69).

Article 4

1.   Recovery of the aid referred to in Articles 1 and 2 shall be immediate and effective.

2.   Poland shall ensure that this Decision is implemented within four months of the date of notification thereof.

Article 5

1.   Within two months of notification of this Decision, Poland shall submit the following information to the Commission:

| (a) | the total amount (principal and interest) to be recovered from the recipients; |
| --- | --- |

(a)

the total amount (principal and interest) to be recovered from the recipients;

| (b) | a detailed description of the measures already taken and planned with a view to complying with this Decision; |
| --- | --- |

(b)

a detailed description of the measures already taken and planned with a view to complying with this Decision;

| (c) | documents demonstrating that the recipients have been ordered to repay the aid. |
| --- | --- |

(c)

documents demonstrating that the recipients have been ordered to repay the aid.

2.   Poland shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Articles 1 and 2 has been completed in full. It shall immediately submit, at the request of the Commission, information on the measures already taken and planned with a view to complying with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipient.

Article 6

This Decision is addressed to Poland.

Done at Brussels, 23 October 2007.

For the Commission

Neelie KROES

Member of the Commission

---

(1)  OJ L 236, 23.9.2003, p. 948.

1

(2)  OJ C 196, 19.8.2006, p. 23.

2

(3)  Assuming that EUR 1 = PLN 4.

3

(4)  See for details Decision 2006/937/EC of 5.7.2005 in case C-20/04 Huta Czestochowa, (OJ L 366, 21.12.2006, p. 1, points 23 et seq).

4

Huta Czestochowa

et seq

(5)  State Aid to the steel sector is not allowed in the EU; see Communication from the Commission — Rescue and restructuring aid and closure aid for the steel sector (OJ C 70, 19.3.2002, p. 21).

5

(6)  See Protocol No 8 to the Accession Treaty on the restructuring of the Polish steel industry (OJ L 236, 23.9.2003, p. 948).

6

(7)  Hereinafter ‘independent monitoring reports’ referring to the year monitored.

7

(8)  See footnote 2.

8

(9)  See Annex B of the Multisectoral framework (OJ C 70, 19.3.2002, p. 8), which was replaced by Annex I to the Guidelines on national regional aid for 2007-2013 (OJ C 54, 4.3.2006, p. 13).

9

(10)  Information on TB is taken from Huta Buczek's restructuring programme for 2002-2006 (hereinafter ‘2002 IBP’) of March 2002, which was the basis for approving aid following adoption of the NRP. For more information see the decision to initiate the procedure (footnote 2).

10

(11)  See 2002 IBP, p. 57.

11

(12)  See 2002 IBP, p. 74.

12

(13)  See 2002 IBP, p. 74.

13

(14)  Fundusz Gwarantowanych Świadczeń Pracowniczych (Wage Guarantee Fund) is designed to ensure the payment of employees' claims in the event of an employer going bankrupt.

14

(15)  See 2002 IBP, p. 30.

15

(16)  2004 Independent Monitoring Report, April 2005, p. 14.

16

(17)  This was confirmed by the figures provided by Poland in its bi-annual monitoring report, e.g. for 2003, see OCCP Report No 2, Annex 5, p. 5. The fact that TB's 2005 business plan indicates a smaller amount which clearly excludes R&D is not acceptable.

17

(18)  Letter of 2 October 2006.

18

(19)  See 2002 IBP, p. 73.

19

(20)  Letter from the Polish authorities of 23.1.2007.

20

(21)  See 2005 IBP, p. 69.

21

(22)  See 2003 Independent Monitoring Report, January 2004, p. 7.

22

(23)  See fourth Polish report for 2004, March 2005, p. 168.

23

(24)  See 2003 Independent Monitoring Report, January 2004.

24

(25)  See 2003 Independent Monitoring Report, January 2004, p. 16. In its 2004 report, it was even noted that the 2003 performance was significantly worse than that estimated after 10 months (from the date of the first monitoring exercise).

25

significantly

(26)  See the third Polish report for January to June 2004, January 2004.

26

(27)  See 2004 Independent Monitoring Report, May 2005.

27

(28)  See 2004 Independent Monitoring Report, May 2005, p. 1.

28

(29)  See fifth Polish report, 9.9.2005, p. 18.

29

(30)  The plan was never submitted to the Commission but was reproduced in the letter from the Polish authorities of 14.2.2006.

30

(31)  See seventh Polish report, 10.9.2006, p. 15.

31

(32)  See Decision 2006/937/EC.

32

(33)  See OJ C 320, 17.10.1998, p. 3.

33

(34)  See Annex B to the Multisectoral framework (OJ C 70, 19.3.2002, p. 8), which was replaced by Annex I to the Guidelines on national regional aid for 2007-2013 (OJ C 54, 4.3.2006, p. 13).

34

(35)  OJ L 83, 27.3.1999, p. 1.

35

(36)  Case C-256/97 DMT [1999] ECR I-3913, point 21.

36

DMT

(37)  Case T-36/99 Lenzing [2004] ECR II-3597, point 146.

37

Lenzing

(38)  See C-342/96 Tubacex [1999] ECR I-2459, point 46, C-256/97 DMT [1999] ECR I-3913, point 21, C-480/98 Magefesa [2000] ECR I-8717, T-152/99 HAMSA [2002] ECR II-3049 point 167.

38

Tubacex

DMT

Magefesa

HAMSA

(39)  Case T-11/95 BP Chemicals [1998] ECR II-3235, points 170 and 179, in which the Court held that a capital injection cannot be regarded in isolation from an ongoing restructuring. In other words, it held that where restructuring aid has already been provided to a company in difficulty, other financial support should not normally pass the private investor test.

39

BP Chemicals

(40)  See Case T-126/96 and T-127/96 BFM and EFIM [1998] ECR II-3437, point 86. Also Case T- 318/00 Freistaat Thüringen v. Commission (CDA Alrechts) [2005] ECR II-4179, points 200 and 248: ‘Given the disastrous situation of PA when the restructuring agreement was concluded, any reasonably diligent investor acting in a market economy would first have made an in-depth study of the undertaking's financial situation and required a viable restructuring plan to be drawn up before granting it such sizeable loans and a fortiori before acquiring it.’

40

BFM and EFIM

Freistaat Thüringen

Commission

(41)  Similarly: case T-36/99 Lenzing [2004] ECR II-3597 points 140 et seq.

41

Lenzing

et seq

(42)  Case T-152/99 HAMSA [2002] ECR II-3049 point 170.

42

HAMSA

(43)  Similarly, case T-36/99 Lenzing [2004] ECR II-3597, point 160, in which the CFI held that a public creditor with good securities has no reason to delay too long before applying collective enforcement measures.

43

Lenzing

(44)  The same conclusions should be reached when considering that the non-enforcement of debt is a debt deferral, which has an effect equivalent to a loan, given that the recipient would normally need to borrow money on the capital market to prevent enforcement of the debt. However, because TB had lost its creditworthiness, such a loan would have had an aid element of 100 % (see the Communication on public undertakings in the manufacturing sector, OJ C 307, 13.11.1993, p. 3, point 41, applied in the Commission Decision of 7.7.2004 in case C-58/2003 Alstom, OJ L 150, 10.6.2005, p. 24, points 132 and 133). It should also be noted that the assumption of a 100 % subsidy does not require a concrete transfer of state resources but is an assumption from an ex ante perspective. It is thus irrelevant if a loan is later repaid contrary to the original assumption. This is also true in the event of non-enforcement of debt, where the question of what a hypothetical private creditor is able to enforce should not be relevant.

44

Alstom

ex ante

(45)  See 2004 Independent Monitoring Report, April 2005, p. 13.

45

(46)  See 2004 Independent Monitoring Report, April 2005, p. 15.

46

(47)  This can be inferred from the Commission's practice under the 1999 rescue and restructuring guidelines which were applicable when Protocol No 8 came into effect (Community Guidelines on State Aid for rescuing and restructuring firms in difficulty, OJ C 288, 9.10.1999, p. 2). This would not be allowed any longer under point 20 of the 2004 Community Guidelines on State Aid for rescuing and restructuring firms in difficulty (OJ C 244, 1.10.2004, p. 2). Although they do not apply directly as steel is in principle excluded, the Commission may in the exceptional case that restructuring aid is allowed at least draw inspiration from these guidelines.

47

(48)  See Decision 2006/937/EC.

48

(49)  Official Journal L 338, 28.12.1996 p. 42.

49

(50)  According to point 44 of the Communication from the Commission concerning certain aspects of the treatment of competition cases resulting from the expiry of the ECSC Treaty (OJ C 152, 26.6.2002, p. 5) ‘when taking decisions after 23 July 2002 in respect of State Aid put into effect on or before that date without prior Commission approval, the Commission will proceed in accordance with the Commission notice on the determination of the applicable rules for the assessment of unlawful State Aid.’ This Communication (see OJ C 119, 22.5.2002, p. 22), stipulates that unlawful aid must be assessed in accordance with the text in force at the time when the aid was awarded.

50

when taking decisions after 23 July 2002 in respect of State Aid put into effect on or before that date without prior Commission approval, the Commission will proceed in accordance with the Commission notice on the determination of the applicable rules for the assessment of unlawful State Aid

(51)  See Decision 2006/937/EC.

51

(52)  Page 38.

52

(53)  See Decision 2006/937/EC.

53

(54)  OJ C 72, 10.3.1994, p. 3, applied in accordance with Article 3 of the Steel Aid Code (since replaced, OJ C 37 of 3.2.2001, p. 3).

54

(55)  If more investments were made in 2005 and 2006 as indicated in recital (45) these should also be considered.

55

(56)  See Case 323/82 Intermills, point 11, where the court stated: ‘[...] it must therefore be accepted that, in spite of the fact that the three manufacturing companies each has a legal personality separate from the former SA Intermills, all those undertakings together form a single group, at least as far as the aid awarded by the Belgian authorities is concerned.’ A similar approach is also suggested by Advocate General Geelhoed in Joined Cases C-328/99 and C-399/00 Seleco [2003] ECR I-4035, despite the fact that the Commission had argued that the recovery claim should be extended to the hived-off entity (and did not raise the economic continuity argument).

56

Intermills

Seleco

(57)  It is established case-law that aid must, in principle, be recovered from the undertaking which has had the actual use thereof, in order to eliminate the distortion of competition caused by the competitive advantage afforded by that aid, see Joined Cases T-111/01 and T-133/01 Saxonia Edelmetalle [2005] II-1579, point 115.

57

Saxonia Edelmetalle

(58)  This argument is also put forward by Advocate General Geelhoed in Joined Cases C-328/99 and C-399/00 Seleco [2003] ECR I-4035, points 79 and 84.

58

Seleco

(59)  This applies irrespective of the fact that some debt was passed on to HB following the sale of TB's assets to HB as described in recital (61) above. In any event, the price paid for the assets was clearly not reduced in so far as the transfer of the claims is concerned, given that HB paid almost the market value of the assets.

59

(60)  The Commission is aware of the fact that it is ‘not required to determine [...] to what extent each undertaking had benefited from the [aid], but could merely instruct [the Member State] to recover that aid from the recipient or recipients thereof, that is, from the undertaking or undertakings which had had actual use thereof,’ see Joined Cases T-111/01 and T-133/01 Saxonia Edelmetalle, point 124. However, while the Commission may limit itself to instructing the Member State to indicate the company from which the aid is to be recovered, nothing prevents the Commission from determining who actually benefited from the aid.

60

Saxonia Edelmetalle

(61)  Case 277/00 SMI [2004] ECR I - 4355 point 85, Case 52/84 Commission v Belgium [1986] ECR 89, point 14, and Case C-142/87 Tubemeuse [1990] ECR I-959, points 60 to 62.

61

SMI

Commission v Belgium

Tubemeuse

(62)  Joined cases C-328/99 and C-399/00 Seleco [2003] ECR I-4035, Case 277/00 SMI [2004] ECR I - 4355, case T-318/00 and T-324/00 CDA Albrechts II [2005] ECR II-4179.

62

Seleco

SMI

CDA Albrechts II

(63)  Case 277/00 SMI [2004] ECR I - 4355 point 86, read in conjunction with point 92. This is the case if the assets have not been transferred at the market price or if the transaction is motivated by the intention to evade recovery.

63

SMI

(64)  See point 86 of Case 277/00 SMI [2004] ECR I-4355, in which the Court ruled that ‘it is certainly possible that, in the event that hive-off companies are created in order to continue some of the activities of the undertaking that received the aid, where that undertaking has gone bankrupt, those companies may also, if necessary, be required to repay the aid in question, where it is established that they actually continue to benefit from the competitive advantage linked with the receipt of the aid.’

64

SMI

(65)  Indeed, the Court had clarified that ‘if it were permissible, without any condition, for an undertaking experiencing difficulties and on the point of being declared bankrupt to create, during the formal inquiry into the aid granted it, a subsidiary to which it then transfers its most profitable assets before the conclusion of the inquiry, that would amount to accepting that any company may remove such assets from the parent undertaking when aid is recovered, which would risk depriving the recovery of that aid of its effect in whole or in part.’ C-328/99 and C-399/00 Seleco [2003] ECR I-4035, point 77. A similar rationale was applied in Case C-415/03 Commission vs. Greece (Olympic) [2005] ECR I-3875.

65

Seleco

(66)  As regards HB the hive-off was already envisaged in the original IBP, see recital (59) above.

66

(67)  However, the proceeds from enforcement of claims after August 2006 may be taken into consideration when the amounts to be recovered are established.

67

(68)  Further to the Commission Decision 2006/937/EC.

68

(69)  OJ L 140, 30.4.2004, p. 1. Regulation as last amended by Commission Regulation (EC) No 1935/2006 of 20 December 2006 (OJ L 407, 30.12.2006, p. 1).

69

---

RECOMMENDATIONS

Commission

| 30.4.2008 | EN | Official Journal of the European Union | L 116/46 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/46

---

COMMISSION RECOMMENDATION

of 7 February 2008

on a code of conduct for responsible nanosciences and nanotechnologies research

(notified under document number C(2008) 424)

(2008/345/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

Whereas:

| (1) | In its Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions ‘Towards a European research area’ the Commission proposed in January 2000 the creation of a European Research Area (1) with a view to consolidating and structuring European research policy. In May 2007, in the Green Paper ‘The European Research Area: New Perspectives’, the Commission relaunched a broad institutional and public debate on what should be done to create a unified and attractive European Research Area that would fulfil the needs and expectations of the scientific community, business and citizens (2). |
| --- | --- |

(1)

In its Communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions ‘Towards a European research area’ the Commission proposed in January 2000 the creation of a European Research Area (1) with a view to consolidating and structuring European research policy. In May 2007, in the Green Paper ‘The European Research Area: New Perspectives’, the Commission relaunched a broad institutional and public debate on what should be done to create a unified and attractive European Research Area that would fulfil the needs and expectations of the scientific community, business and citizens (2).

| (2) | The Commission adopted in February 2000 a Communication on the precautionary principle (3), aiming to build a common understanding of how to assess, appraise, manage and communicate risks that science is not yet able to evaluate fully. |
| --- | --- |

(2)

The Commission adopted in February 2000 a Communication on the precautionary principle (3), aiming to build a common understanding of how to assess, appraise, manage and communicate risks that science is not yet able to evaluate fully.

| (3) | In March 2000 the Lisbon European Council set for the Community the objective of becoming in the next decade the most competitive and dynamic knowledge economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion. |
| --- | --- |

(3)

In March 2000 the Lisbon European Council set for the Community the objective of becoming in the next decade the most competitive and dynamic knowledge economy in the world, capable of sustainable economic growth with more and better jobs and greater social cohesion.

| (4) | In 2004, with its Communication ‘Towards a European strategy for nanotechnology’ (4), the Commission identified actions aimed at creating the Community added value necessary to remain competitive in this sector while ensuring its responsible development. In its conclusions of 24 September 2004 (5), the Council (Competitiveness) welcomed the proposed integrated, safe and responsible approach and the Commission’s intention to draw up an Action Plan for nanotechnology. |
| --- | --- |

(4)

In 2004, with its Communication ‘Towards a European strategy for nanotechnology’ (4), the Commission identified actions aimed at creating the Community added value necessary to remain competitive in this sector while ensuring its responsible development. In its conclusions of 24 September 2004 (5), the Council (Competitiveness) welcomed the proposed integrated, safe and responsible approach and the Commission’s intention to draw up an Action Plan for nanotechnology.

| (5) | Taking into account the results of a public consultation, the Commission drew up in 2005 a Nanotechnologies Action Plan (6) which sets out coherent and interconnected actions for the immediate implementation of an integrated, safe and responsible strategy for nanosciences and nanotechnologies based on the priority areas identified in the Communication ‘Towards a European strategy for nanotechnology’. Both Communications explicitly acknowledged that environmental, human health and safety aspects need to be integrated in all nanosciences and nanotechnologies research. |
| --- | --- |

(5)

Taking into account the results of a public consultation, the Commission drew up in 2005 a Nanotechnologies Action Plan (6) which sets out coherent and interconnected actions for the immediate implementation of an integrated, safe and responsible strategy for nanosciences and nanotechnologies based on the priority areas identified in the Communication ‘Towards a European strategy for nanotechnology’. Both Communications explicitly acknowledged that environmental, human health and safety aspects need to be integrated in all nanosciences and nanotechnologies research.

| (6) | Following the Nanosciences and nanotechnologies Action Plan, in January 2007 the European Group on Ethics in Science and New Technologies presented an opinion on the ethical aspects of nanomedicine (7). |
| --- | --- |

(6)

Following the Nanosciences and nanotechnologies Action Plan, in January 2007 the European Group on Ethics in Science and New Technologies presented an opinion on the ethical aspects of nanomedicine (7).

| (7) | Following comments made during a public consultation on a previous opinion, the Scientific Committee on Emerging and Newly Identified Health Risks adopted in March 2006 a modified opinion on the appropriateness of existing methodologies to assess the potential risks associated with engineered and adventitious products of nanotechnologies (8). |
| --- | --- |

(7)

Following comments made during a public consultation on a previous opinion, the Scientific Committee on Emerging and Newly Identified Health Risks adopted in March 2006 a modified opinion on the appropriateness of existing methodologies to assess the potential risks associated with engineered and adventitious products of nanotechnologies (8).

| (8) | In June 2006 the European Council adopted a revised sustainable development strategy fine-tuning the Community sustainable development strategy launched at the Gothenburg Summit in June 2001 that centred on objectives of environment and health protection and poverty eradication. |
| --- | --- |

(8)

In June 2006 the European Council adopted a revised sustainable development strategy fine-tuning the Community sustainable development strategy launched at the Gothenburg Summit in June 2001 that centred on objectives of environment and health protection and poverty eradication.

| (9) | In its conclusions (9) of 23 November 2007, the Council (Competitiveness) recognised the need to foster synergies and cooperation between all nanosciences and nanotechnologies stakeholders, including the Member States, the Commission, academia, research centres, industry, financial bodies, non-governmental organisations and society at large. |
| --- | --- |

(9)

In its conclusions (9) of 23 November 2007, the Council (Competitiveness) recognised the need to foster synergies and cooperation between all nanosciences and nanotechnologies stakeholders, including the Member States, the Commission, academia, research centres, industry, financial bodies, non-governmental organisations and society at large.

| (10) | A first report on the implementation of the Nanotechnologies Action Plan for Europe was presented by the Commission in 2007 (10). In this report the Commission announced its intention to adopt a voluntary Code of Conduct for Responsible Nanosciences and Nanotechnologies Research. |
| --- | --- |

(10)

A first report on the implementation of the Nanotechnologies Action Plan for Europe was presented by the Commission in 2007 (10). In this report the Commission announced its intention to adopt a voluntary Code of Conduct for Responsible Nanosciences and Nanotechnologies Research.

| (11) | This Recommendation includes the Code of Conduct, aiming to promote integrated, safe and responsible nanosciences and nanotechnologies research in Europe for the benefit of society as a whole. |
| --- | --- |

(11)

This Recommendation includes the Code of Conduct, aiming to promote integrated, safe and responsible nanosciences and nanotechnologies research in Europe for the benefit of society as a whole.

| (12) | The general principles and guidelines on actions to be taken outlined in this Recommendation benefited from a public consultation. |
| --- | --- |

(12)

The general principles and guidelines on actions to be taken outlined in this Recommendation benefited from a public consultation.

| (13) | This Recommendation provides Member States with an instrument to undertake further initiatives to ensure safe, ethical and sustainable nanosciences and nanotechnologies research in the European Union. |
| --- | --- |

(13)

This Recommendation provides Member States with an instrument to undertake further initiatives to ensure safe, ethical and sustainable nanosciences and nanotechnologies research in the European Union.

| (14) | This Recommendation also aims at contributing to proper coordination between Member States with a view to optimise synergies between all nanosciences and nanotechnologies research stakeholders at European and international levels, |
| --- | --- |

(14)

This Recommendation also aims at contributing to proper coordination between Member States with a view to optimise synergies between all nanosciences and nanotechnologies research stakeholders at European and international levels,

HEREBY RECOMMENDS:

| 1. | That Member States be guided by the general principles and guidelines for actions to be taken, set out in the Code of Conduct for Responsible Nanosciences and Nanotechnologies Research, in the Annex, as they formulate, adopt and implement their strategies for developing sustainable nanosciences and nanotechnologies (hereinafter N&N) research, in line with the Commission Nanotechnologies Strategy and Action Plan. |
| --- | --- |

1.

That Member States be guided by the general principles and guidelines for actions to be taken, set out in the Code of Conduct for Responsible Nanosciences and Nanotechnologies Research, in the Annex, as they formulate, adopt and implement their strategies for developing sustainable nanosciences and nanotechnologies (hereinafter N&N) research, in line with the Commission Nanotechnologies Strategy and Action Plan.

| 2. | That Member States endeavour to follow these general principles and guidelines when implementing their national regulatory research and development strategies or developing sectoral and institutional research and development standards, taking into account pre-existing applicable N&N guidelines, good practices or regulations. |
| --- | --- |

2.

That Member States endeavour to follow these general principles and guidelines when implementing their national regulatory research and development strategies or developing sectoral and institutional research and development standards, taking into account pre-existing applicable N&N guidelines, good practices or regulations.

| 3. | That Member States consider such general principles and guidelines on research to be an integral part of institutional quality assurance mechanisms by regarding them as a means for establishing funding criteria for national/regional funding schemes, as well as adopting them for the auditing, monitoring and evaluation processes of public bodies. |
| --- | --- |

3.

That Member States consider such general principles and guidelines on research to be an integral part of institutional quality assurance mechanisms by regarding them as a means for establishing funding criteria for national/regional funding schemes, as well as adopting them for the auditing, monitoring and evaluation processes of public bodies.

| 4. | That Member States encourage the voluntary adoption of the Code of Conduct by relevant national and regional authorities, employers and research funding bodies, researchers, and any individual or civil society organisation involved or interested in N&N research and endeavour to undertake the necessary steps to ensure that they contribute to developing and maintaining a supportive research environment, conducive to the safe, ethical and effective development of the N&N potential. |
| --- | --- |

4.

That Member States encourage the voluntary adoption of the Code of Conduct by relevant national and regional authorities, employers and research funding bodies, researchers, and any individual or civil society organisation involved or interested in N&N research and endeavour to undertake the necessary steps to ensure that they contribute to developing and maintaining a supportive research environment, conducive to the safe, ethical and effective development of the N&N potential.

| 5. | That Member States cooperate with the Commission in order to review this recommendation every two years, as well as to monitor the extent to which relevant stakeholders have adopted and applied the Code of Conduct. |
| --- | --- |

5.

That Member States cooperate with the Commission in order to review this recommendation every two years, as well as to monitor the extent to which relevant stakeholders have adopted and applied the Code of Conduct.

| 6. | That the criteria for measuring such adherence to and application of the Code of Conduct be established and agreed with the Member States in relation to similar work undertaken at Community level. |
| --- | --- |

6.

That the criteria for measuring such adherence to and application of the Code of Conduct be established and agreed with the Member States in relation to similar work undertaken at Community level.

| 7. | That Member States, in their bilateral agreements on research strategies and activities with third countries and in their role as members of international organisations, take due account of this Recommendation when proposing research strategies and taking decisions, and duly coordinate with other Member States and the Commission. |
| --- | --- |

7.

That Member States, in their bilateral agreements on research strategies and activities with third countries and in their role as members of international organisations, take due account of this Recommendation when proposing research strategies and taking decisions, and duly coordinate with other Member States and the Commission.

| 8. | That this Recommendation also be used as an instrument to encourage dialogue at all governance levels among policy makers, researchers, industry, ethics committees, civil society organisations and society at large with a view to increasing understanding and involvement by the general public in the development of new technologies. |
| --- | --- |

8.

That this Recommendation also be used as an instrument to encourage dialogue at all governance levels among policy makers, researchers, industry, ethics committees, civil society organisations and society at large with a view to increasing understanding and involvement by the general public in the development of new technologies.

| 9. | That the Member States inform the Commission by 30 June 2008 and annually thereafter of any measures they have taken further to this Recommendation, inform it of the first results of its application and provide good practices. |
| --- | --- |

9.

That the Member States inform the Commission by 30 June 2008 and annually thereafter of any measures they have taken further to this Recommendation, inform it of the first results of its application and provide good practices.

Done at Brussels, 7 February 2008.

For the Commission

Janez POTOČNIK

Member of the Commission

---

(1)  COM(2000) 6, 18.1.2000.

1

(2)  COM(2007) 161, 4.4.2007.

2

(3)  COM(2000) 1, 2.2.2000.

3

(4)  COM(2004) 338, 12.5.2004.

4

(5)  Doc. 12487/04.

5

(6)  COM(2005) 243, 7.6.2005.

6

(7)  EGE Opinion No 21, 17 January 2007.

7

(8)  SCENIHR/002/05, 10 March 2006.

8

(9)  Doc. 14865/07.

9

(10)  COM(2007) 505, 6.9.2007.

10

---

ANNEX

Code of Conduct for responsible nanosciences and nanotechnologies research

This Code of Conduct provides Member States, employers, research funders, researchers and more generally all individuals and civil society organisations involved or interested in nanosciences and nanotechnologies (N&N) research (all stakeholders) with guidelines favouring a responsible and open approach to N&N research in the Community.

The Code of Conduct is complementary to existing regulations. It does not limit or otherwise affect the possibilities of Member States to grant a wider measure of protection with regard to N&N research than is stipulated in this Code of Conduct.

Stakeholders who adhere to this Code of Conduct should also be inspired, where applicable, by the principles set out in the Charter of Fundamental Rights of the European Union.

The Code of Conduct will be regularly monitored and revised every two years by the Commission in order to take into account developments in N&N worldwide and their integration in European society.

1.   Scope and aim

The Code of Conduct invites all stakeholders to act responsibly and cooperate with each other, in line with the N&N Strategy and Action Plan of the Commission, in order to ensure that N&N research is undertaken in the Community in a safe, ethical and effective framework, supporting sustainable economic, social and environmental development.

The Code of Conduct covers all N&N research activities undertaken in the European Research Area.

The Code of Conduct is voluntary. It offers a set of general principles and guidelines for actions to be taken by all N&N stakeholders. It should facilitate and underpin the regulatory and non-regulatory approaches outlined in the 2005-09 N&N Action Plan for Europe, improving the implementation of current regulation and coping with scientific uncertainties.

The Code of Conduct should also be a European basis for dialogue with third countries and international organisations.

2.   Definitions

For the purpose of the Code of Conduct, the following definitions apply:

| (a) | Nano-objects: in the absence of recognised international terminology the generic term of ‘nano-object’ is used throughout the Code of Conduct to designate products resulting from N&N research. It includes nanoparticles and their aggregation at nanoscale, nano-systems, nano-materials, nano-structured materials and nano-products. |
| --- | --- |

(a)

Nano-objects: in the absence of recognised international terminology the generic term of ‘nano-object’ is used throughout the Code of Conduct to designate products resulting from N&N research. It includes nanoparticles and their aggregation at nanoscale, nano-systems, nano-materials, nano-structured materials and nano-products.

| (b) | N&N research: in the broadest sense understood here, N&N research encompasses all research activities dealing with matter at the nanometric scale (1 to 100 nm). It includes all man-made nano-objects be they engineered or involuntarily generated. Naturally occurring nano-objects are excluded from the scope of the Code of Conduct. N&N research encompasses research activities from the most fundamental research to applied research, technology development and pre- and co-normative research underpinning scientific advice, standards and regulations. |
| --- | --- |

(b)

N&N research: in the broadest sense understood here, N&N research encompasses all research activities dealing with matter at the nanometric scale (1 to 100 nm). It includes all man-made nano-objects be they engineered or involuntarily generated. Naturally occurring nano-objects are excluded from the scope of the Code of Conduct. N&N research encompasses research activities from the most fundamental research to applied research, technology development and pre- and co-normative research underpinning scientific advice, standards and regulations.

| (c) | N&N stakeholders: Member States, employers, research funders, researchers and more generally all individuals and civil society organisations engaged, involved or interested in N&N research. |
| --- | --- |

(c)

N&N stakeholders: Member States, employers, research funders, researchers and more generally all individuals and civil society organisations engaged, involved or interested in N&N research.

| (d) | Civil society organisations: In the context of the Code of Conduct, civil society organisations are considered to be any legal entity that is non-governmental, not-for-profit, not representing commercial interests, and pursuing a common purpose in the public interest. |
| --- | --- |

(d)

Civil society organisations: In the context of the Code of Conduct, civil society organisations are considered to be any legal entity that is non-governmental, not-for-profit, not representing commercial interests, and pursuing a common purpose in the public interest.

3.   General principles

This Code of Conduct is based on a set of general principles which call for actions aimed at guaranteeing their respect by all stakeholders.

3.1.   Meaning

N&N research activities should be comprehensible to the public. They should respect fundamental rights and be conducted in the interest of the well-being of individuals and society in their design, implementation, dissemination and use.

3.2.   Sustainability

N&N research activities should be safe, ethical and contribute to sustainable development serving the sustainability objectives of the Community as well as contributing to the United Nations’ Millennium Development Goals (1). They should not harm or create a biological, physical or moral threat to people, animals, plants or the environment, at present or in the future.

3.3.   Precaution

N&N research activities should be conducted in accordance with the precautionary principle, anticipating potential environmental, health and safety impacts of N&N outcomes and taking due precautions, proportional to the level of protection, while encouraging progress for the benefit of society and the environment.

3.4.   Inclusiveness

Governance of N&N research activities should be guided by the principles of openness to all stakeholders, transparency and respect for the legitimate right of access to information. It should allow the participation in decision-making processes of all stakeholders involved in or concerned by N&N research activities.

3.5.   Excellence

N&N research activities should meet the best scientific standards, including standards underpinning the integrity of research and standards relating to Good Laboratory Practices (2).

3.6.   Innovation

Governance of N&N research activities should encourage maximum creativity, flexibility and planning ability for innovation and growth.

3.7.   Accountability

Researchers and research organisations should remain accountable for the social, environmental and human health impacts that their N&N research may impose on present and future generations.

4.   Guidelines on actions to be taken

The guidelines set out in this point are based on the set of general principles described in point 3. They are meant to give guidance on how to achieve good governance, due respect for precaution, as well as wide dissemination and good monitoring of the Code of Conduct. The main responsibilities for action are indicated below, but all N&N stakeholders should contribute to their implementation as much as possible within the scope of their own remit.

4.1.   Good governance of N&N research

Good governance of N&N research should take into account the need and desire of all stakeholders to be aware of the specific challenges and opportunities raised by N&N. A general culture of responsibility should be created in view of challenges and opportunities that may be raised in the future and that we cannot at present foresee.

4.1.1.   Member States should cooperate with the Commission in order to maintain an open and pluralistic forum for discussion on N&N research at Community level as a means to stimulate the societal debate about N&N research, encouraging the identification and discussion of concerns and hopes and facilitating the emergence of possible initiatives and solutions. Accordingly, Member States should enhance communication on benefits, risks and uncertainties related to N&N research. Specific attention should be paid to the younger and older members of the population.

4.1.2.   With due respect for intellectual property rights, Member States, N&N research funding bodies, research organisations and researchers are encouraged to make easily accessible and understandable by lay people as well as by the scientific community all N&N scientific knowledge as well as related information such as relevant standards, references, labels, research on impacts, regulations and laws.

4.1.3.   Member States should encourage private and public sector laboratories to share best practices in N&N research, with due respect for the protection of intellectual property.

4.1.4.   N&N research organisations and researchers should ensure that scientific data and results are duly peer-reviewed before being widely disseminated outside the scientific community in order to ensure their clarity and balanced presentation.

4.1.5.   Given its potential, Member States and N&N research organisations should ensure that N&N research is conducted at the highest level of scientific integrity. Questionable N&N research practices (not limited to plagiarism, falsification and fabrication of data) should be fought as they may entail risks for health, safety and the environment, raise public distrust and slow down the dissemination of benefits from research. Individuals signalling impropriety in research should be protected by their employers and national or regional laws.

4.1.6.   Member States should ensure that appropriate human and financial resources are dedicated to the application of existing laws and regulations applicable to N&N research. Organisations performing N&N research activities should demonstrate transparently that they comply with relevant regulations.

4.1.7.   National and local ethics committees and competent authorities should evaluate the manner of applying ethical review requirements to dual-use nanotechnology research. They should notably address the fundamental rights implications of any possible restrictions on informed consent and the publication of research results related to human health.

Favouring an inclusive approach

| 4.1.8. | The broad directions of N&N research should be decided in an inclusive manner, allowing all stakeholders to enrich the preliminary discussions on these directions. |
| --- | --- |

4.1.8.

The broad directions of N&N research should be decided in an inclusive manner, allowing all stakeholders to enrich the preliminary discussions on these directions.

| 4.1.9. | Member States, N&N research funding bodies, research organisations and researchers are encouraged to consider, at the earliest stages and through participatory foresight exercises, the future implications of technologies or objects being researched. This could allow the development of solutions to meet potential negative impacts caused by the use of a new object or technology at a later stage. Consultations with relevant ethics committees should be part of such foresight exercises as appropriate. |
| --- | --- |

4.1.9.

Member States, N&N research funding bodies, research organisations and researchers are encouraged to consider, at the earliest stages and through participatory foresight exercises, the future implications of technologies or objects being researched. This could allow the development of solutions to meet potential negative impacts caused by the use of a new object or technology at a later stage. Consultations with relevant ethics committees should be part of such foresight exercises as appropriate.

| 4.1.10. | N&N research itself should be open to contributions from all stakeholders who should be informed and supported so that they can take an active part in the research activities, within the scope of their mission and mandate. |
| --- | --- |

4.1.10.

N&N research itself should be open to contributions from all stakeholders who should be informed and supported so that they can take an active part in the research activities, within the scope of their mission and mandate.

Key priorities

| 4.1.11. | Research authorities and standardisation bodies should endeavour to adopt N&N standard terminology to facilitate the communication of scientific evidence. They should encourage standard measurement procedures as well as the use of appropriate reference materials in order to improve comparability of scientific data. |
| --- | --- |

4.1.11.

Research authorities and standardisation bodies should endeavour to adopt N&N standard terminology to facilitate the communication of scientific evidence. They should encourage standard measurement procedures as well as the use of appropriate reference materials in order to improve comparability of scientific data.

| 4.1.12. | N&N research funding bodies should devote an appropriate part of N&N research to the development of methods and tools for risk assessment, the refinement of metrology at nano-scale and standardisation activities. In this context, particular attention should be paid to developing methods to assess the risk of second-generation, active nano-structures. |
| --- | --- |

4.1.12.

N&N research funding bodies should devote an appropriate part of N&N research to the development of methods and tools for risk assessment, the refinement of metrology at nano-scale and standardisation activities. In this context, particular attention should be paid to developing methods to assess the risk of second-generation, active nano-structures.

| 4.1.13. | Member States, N&N research funding bodies and organisations should encourage fields of N&N research with the broadest possible positive impact. A priority should be given to research aiming to protect the public and the environment, consumers or workers and aiming to reduce, refine or replace animal experimentation. |
| --- | --- |

4.1.13.

Member States, N&N research funding bodies and organisations should encourage fields of N&N research with the broadest possible positive impact. A priority should be given to research aiming to protect the public and the environment, consumers or workers and aiming to reduce, refine or replace animal experimentation.

| 4.1.14. | N&N research funding bodies should carry out and publish balanced assessments, based on best available scientific data, of the potential costs, risks, and benefits of research areas eligible for funding. |
| --- | --- |

4.1.14.

N&N research funding bodies should carry out and publish balanced assessments, based on best available scientific data, of the potential costs, risks, and benefits of research areas eligible for funding.

Prohibition, restrictions or limitations

| 4.1.15. | N&N research funding bodies should not fund research in areas which could involve the violation of fundamental rights or fundamental ethical principles, at either the research or development stages (e.g. artificial viruses with pathogenic potentials). |
| --- | --- |

4.1.15.

N&N research funding bodies should not fund research in areas which could involve the violation of fundamental rights or fundamental ethical principles, at either the research or development stages (e.g. artificial viruses with pathogenic potentials).

| 4.1.16. | N&N research organisations should not undertake research aiming for non-therapeutic enhancement of human beings leading to addiction or solely for the illicit enhancement of the performance of the human body. |
| --- | --- |

4.1.16.

N&N research organisations should not undertake research aiming for non-therapeutic enhancement of human beings leading to addiction or solely for the illicit enhancement of the performance of the human body.

| 4.1.17. | As long as risk assessment studies on long-term safety is not available, research involving deliberate intrusion of nano-objects into the human body, their inclusion in food (especially in food for babies), feed, toys, cosmetics and other products that may lead to exposure to humans and the environment, should be avoided. |
| --- | --- |

4.1.17.

As long as risk assessment studies on long-term safety is not available, research involving deliberate intrusion of nano-objects into the human body, their inclusion in food (especially in food for babies), feed, toys, cosmetics and other products that may lead to exposure to humans and the environment, should be avoided.

4.2.   Due respect for precaution

Given the deficit of knowledge of the environmental and health impacts of nano-objects, Member States should apply the precautionary principle in order to protect not only researchers, who will be the first to be in contact with nano-objects, but also professionals, consumers, citizens and the environment in the course of N&N research activities.

4.2.1.   Students, researchers and research organisations involved in N&N research should take specific health, safety and environmental measures adapted to the particularities of the nano-objects manipulated. Specific guidelines on the prevention of pathologies induced by nano-objects should be developed in line with the Community Strategy 2007-14 on Health and Safety at Work (3).

4.2.2.   N&N research organisations should apply existing good practices in terms of classification and labelling. In addition, as nano-objects might present specific properties due to their size, they should undertake research on systems (including e.g. the development of specific pictograms) aiming to inform researchers and more generally people likely to come into contact with nano-objects in research premises (e.g. security and emergency staff) so that they may take the necessary and appropriate protection measures in the course of their duties.

4.2.3.   Public and private N&N research funding bodies should request that a risk assessment be presented along with each submission of a proposal for funding for N&N research.

4.2.4.   N&N research funding bodies’ programmes should include monitoring of the potential social, environmental and human health impacts of N&N over a relevant period of time.

Application of the precautionary principle should include reducing the gaps in scientific knowledge, and therefore undertaking further actions in research and development such as the following:

4.2.5.   Research funding bodies should devote an appropriate part of N&N research to understanding the potential risks, notably to the environment and human health, induced by nano-objects, encompassing their whole life cycle, from their creation up to their end of life, including recycling.

4.2.6.   N&N research organisations and researchers should launch and coordinate specific N&N research activities in order to gain a better understanding of fundamental biological processes involved in the toxicology and ecotoxicology of nano-objects man-made or naturally occurring. They should widely publicise, when duly validated, data and findings on their biological effects, be they positive, negative or null.

4.2.7.   N&N research funding bodies should launch and coordinate specific research activities in order to gain a better understanding of ethical, legal and societal impacts of the new fields opened by N&N. Information and communication technologies and biotechnology should receive particular attention as well as the convergence between these fields and cognitive sciences and N&N.

4.3.   Wide dissemination and monitoring of the Code of Conduct

4.3.1.   Member States should support the wide dissemination of this Code of Conduct, notably through national and regional public research funding bodies.

4.3.2.   In addition to the existence of this Code of Conduct, N&N research funding bodies should make sure that N&N researchers are aware of all relevant legislation, as well as ethical and social frameworks.

4.3.3.   As the application of the Code of Conduct should be monitored across the Community, Member States should cooperate with the Commission in order to devise adequate measures to carry out such monitoring at national level and guarantee synergies with other Member States.

---

(1)  The United Nations Millennium Declaration, General Assembly Resolution 55/2, 8.9.2000.

(2)  Directive 2004/9/EC and Directive 2004/10/EC.

(3)  COM(2007) 62, 21.2.2007.

---

III Acts adopted under the EU Treaty

ACTS ADOPTED UNDER TITLE V OF THE EU TREATY

| 30.4.2008 | EN | Official Journal of the European Union | L 116/53 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/53

---

COUNCIL COMMON POSITION 2008/346/CFSP

of 29 April 2008

amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

| (2) | On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2). |
| --- | --- |

(2)

On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2).

| (3) | The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies, |
| --- | --- |

(3)

The Council has determined that there are no longer grounds for keeping certain persons on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The persons listed in the Annex to this Common Position shall be removed from the list annexed to Common Position 2007/871/CFSP.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  OJ L 344, 28.12.2001, p. 93.

1

(2)  OJ L 340, 22.12.2007, p. 109.

2

---

ANNEX

List of persons referred to in Article 1 of this Common Position

| 1. | AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB) |
| --- | --- |

1.

AKHNIKH, Ismail (a.k.a. SUHAIB, a.k.a. SOHAIB)

| 2. | AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL) |
| --- | --- |

2.

AOURAGHE, Zine Labidine (a.k.a. Halifi Laarbi MOHAMED, a.k.a. Abed, a.k.a. Abid, a.k.a. Abu ISMAIL)

| 3. | BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB) |
| --- | --- |

3.

BOUGHABA, Mohamed Fahmi (a.k.a. Mohammed Fahmi BOURABA, a.k.a. Mohammed Fahmi BURADA, a.k.a. Abu MOSAB)

| 4. | EL MORABIT, Mohamed |
| --- | --- |

4.

EL MORABIT, Mohamed

| 5. | ETTOUMI, Youssef (a.k.a. Youssef TOUMI) |
| --- | --- |

5.

ETTOUMI, Youssef (a.k.a. Youssef TOUMI)

| 6. | HAMDI, Ahmed (a.k.a. Abu IBRAHIM) |
| --- | --- |

6.

HAMDI, Ahmed (a.k.a. Abu IBRAHIM)

| 7. | IZTUETA BARANDICA, Enrique |
| --- | --- |

7.

IZTUETA BARANDICA, Enrique

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/55 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/55

---

COUNCIL COMMON POSITION 2008/347/CFSP

of 29 April 2008

amending Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 15 and 34 thereof,

Whereas:

| (1) | On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1). |
| --- | --- |

(1)

On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

| (2) | On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2) and the list of persons, groups and entities to which that Common Position applies. |
| --- | --- |

(2)

On 20 December 2007, the Council adopted Common Position 2007/871/CFSP updating Common Position 2001/931/CFSP (2) and the list of persons, groups and entities to which that Common Position applies.

| (3) | Following a review, the Council has determined that Mr SISON should continue to be subject to the specific measures provided for in Common Position 2001/931/CFSP. The Council has also concluded that the entries for Mr SISON and for the Communist Party of the Philippines on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies should be amended, |
| --- | --- |

(3)

Following a review, the Council has determined that Mr SISON should continue to be subject to the specific measures provided for in Common Position 2001/931/CFSP. The Council has also concluded that the entries for Mr SISON and for the Communist Party of the Philippines on the list of persons, groups and entities to which Common Position 2001/931/CFSP applies should be amended,

HAS ADOPTED THIS COMMON POSITION:

Article 1

In the Annex to Common Position 2007/871/CFSP the entry for Mr SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma), shall be replaced by the following:

‘SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a Joma), born 8.2.1939 in Cabugao (Philippines) — person playing a leading role in the “Communist Party of the Philippines”, including the “NPA” ’.

Article 2

In the Annex to Common Position 2007/871/CFSP, the entry for the Communist Party of the Philippines shall be replaced by the following:

‘ “Communist Party of the Philippines”, including the “New People’s Army” — “NPA”, Philippines, linked to SISON, Jose Maria (a.k.a Armando Liwanag, a.k.a Joma, who plays a leading role in the “Communist Party of the Philippines”, including the “NPA”)’.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Official Journal of the European Union

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  OJ L 344, 28.12.2001, p. 93.

1

(2)  OJ L 340, 22.12.2007, p. 109.

2

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/56 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/56

---

COUNCIL COMMON POSITION 2008/348/CFSP

of 29 April 2008

concerning restrictive measures against Uzbekistan

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | On 13 November 2007, the Council adopted Common Position 2007/734/CFSP concerning restrictive measures against Uzbekistan (1). That Common Position renewed certain restrictive measures that were imposed by Common Position 2005/792/CFSP (2) in response to the excessive, disproportionate and indiscriminate use of force by the Uzbek security forces during events in Andijan in May 2005. However, with a view to encouraging the Uzbek authorities to take positive steps to improve the human rights situation and taking into account the commitments of the Uzbek authorities, the restrictions on admission were suspended for a period of six months. |
| --- | --- |

(1)

On 13 November 2007, the Council adopted Common Position 2007/734/CFSP concerning restrictive measures against Uzbekistan (1). That Common Position renewed certain restrictive measures that were imposed by Common Position 2005/792/CFSP (2) in response to the excessive, disproportionate and indiscriminate use of force by the Uzbek security forces during events in Andijan in May 2005. However, with a view to encouraging the Uzbek authorities to take positive steps to improve the human rights situation and taking into account the commitments of the Uzbek authorities, the restrictions on admission were suspended for a period of six months.

| (2) | Following a review of the situation in Uzbekistan, the Council considers it appropriate to extend the suspension of the restrictions on admission for a further period of six months, |
| --- | --- |

(2)

Following a review of the situation in Uzbekistan, the Council considers it appropriate to extend the suspension of the restrictions on admission for a further period of six months,

HAS ADOPTED THIS COMMON POSITION:

Article 1

The application of the measures referred to in Article 3 of Common Position 2007/734/CFSP shall be suspended until 13 November 2008.

Article 2

This Common Position shall take effect on the date of its adoption.

Article 3

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

---

(1)  OJ L 295, 14.11.2007, p. 34.

1

(2)  OJ L 299, 16.11.2005, p. 72. Common Position as amended by Common Position 2007/338/CFSP (OJ L 128, 16.5.2007, p. 50).

2

---

| 30.4.2008 | EN | Official Journal of the European Union | L 116/57 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/57

---

COUNCIL COMMON POSITION 2008/349/CFSP

of 29 April 2008

renewing restrictive measures against Burma/Myanmar

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 15 thereof,

Whereas:

| (1) | On 27 April 2006, the Council adopted Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar (1). Those measures replaced the previous measures, the first of which were adopted in 1996 in Common Position 96/635/CFSP (2). |
| --- | --- |

(1)

On 27 April 2006, the Council adopted Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar (1). Those measures replaced the previous measures, the first of which were adopted in 1996 in Common Position 96/635/CFSP (2).

| (2) | The restrictive measures imposed by Common Position 2006/318/CFSP should be extended for a further period of twelve months because of the lack of improvement in the human rights situation in Burma/Myanmar and the absence of substantive progress towards an inclusive democratisation process, notwithstanding the announcement by the Government of Burma/Myanmar that a referendum on a new Constitution will be held in May 2008 and that multi-party elections will be held in 2010. |
| --- | --- |

(2)

The restrictive measures imposed by Common Position 2006/318/CFSP should be extended for a further period of twelve months because of the lack of improvement in the human rights situation in Burma/Myanmar and the absence of substantive progress towards an inclusive democratisation process, notwithstanding the announcement by the Government of Burma/Myanmar that a referendum on a new Constitution will be held in May 2008 and that multi-party elections will be held in 2010.

| (3) | The lists of persons and enterprises subject to the restrictive measures should be amended in order to take account of changes in the government, the security forces, the State Peace and Development Council and the administration in Burma/Myanmar, as well as in the personal situations of the individuals concerned, in order to include other persons associated with the regime in Burma/Myanmar who are responsible for implementing acts of repression, and in order to include additional enterprises that are owned or controlled by the regime in Burma/Myanmar or by persons associated with the regime, |
| --- | --- |

(3)

The lists of persons and enterprises subject to the restrictive measures should be amended in order to take account of changes in the government, the security forces, the State Peace and Development Council and the administration in Burma/Myanmar, as well as in the personal situations of the individuals concerned, in order to include other persons associated with the regime in Burma/Myanmar who are responsible for implementing acts of repression, and in order to include additional enterprises that are owned or controlled by the regime in Burma/Myanmar or by persons associated with the regime,

HAS ADOPTED THIS COMMON POSITION:

Article 1

Common Position 2006/318/CFSP is hereby extended until 30 April 2009.

Article 2

Annexes II and III to Common Position 2006/318/CFSP shall be replaced by the texts of Annexes I and II to this Common Position.

Article 3

This Common Position shall take effect on the date of its adoption.

Article 4

This Common Position shall be published in the Official Journal of the European Union.

Done at Luxembourg, 29 April 2008.

For the Council

The President

D. RUPEL

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(1)  OJ L 116, 29.4.2006, p. 77. Common Position as last amended by Common Position 2007/750/CFSP (OJ L 308, 24.11.2007, p. 1).

1

(2)  OJ L 287, 8.11.1996, p. 1. Common Position repealed by Common Position 2003/297/CFSP (OJ L 106, 29.4.2003, p. 36).

2

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ANNEX II

‘ANNEX II

List referred to in Articles 4, 5 and 8

Table Notes:

| 1. | Aliases or variations in spelling are denoted by “aka”. |
| --- | --- |

1.

Aliases or variations in spelling are denoted by “aka”.

| 2. | D.o.b means date of birth. |
| --- | --- |

2.

D.o.b means date of birth.

| 3. | P.o.b means place of birth. |
| --- | --- |

3.

P.o.b means place of birth.

| 4. | If not stated otherwise, all passport and ID cards are those of Burma/Myanmar. |
| --- | --- |

4.

If not stated otherwise, all passport and ID cards are those of Burma/Myanmar.

A.   STATE PEACE AND DEVELOPMENT COUNCIL (SPDC)

| | Name (and possible aliases) | Identifying information (function/title, date and place of birth, passport/id number, spouse or son/daughter of) | Sex
  (M/F) |
| --- | --- | --- | --- |
| A1a | Senior General Than Shwe | Chairman, d.o.b. 2.2.1933 | M |
| A1b | Kyaing Kyaing | Wife of Senior General Than Shwe | F |
| A1c | Thandar Shwe | Daughter of Senior General Than Shwe | F |
| A1ci | Major Zaw Phyo Win | Husband of Thandar Shwe Deputy Director Export Section, Ministry of Trade | M |
| A1d | Khin Pyone Shwe | Daughter of Senior General Than Shwe | F |
| A1e | Aye Aye Thit Shwe | Daughter of Senior General Than Shwe | F |
| A1f | Tun Naing Shwe a.k.a. Tun Tun Naing | Son of Senior General Than Shwe | M |
| A1g | Khin Thanda | Wife of Tun Naing Shwe | F |
| A1h | Kyaing San Shwe | Son of Senior General Than Shwe, Owner of J's Donuts | M |
| A1i | Dr. Khin Win Sein | Wife of Kyaing San Shwe | F |
| A1j | Thant Zaw Shwe a.k.a. Maung Maung | Son of Senior General Than Shwe | M |
| A1k | Dewar Shwe | Daughter of Senior General Than Shwe | F |
| A1l | Kyi Kyi Shwe | Daughter of Senior General Than Shwe | F |
| A2a | Vice-Senior General Maung Aye | Vice-Chairman, d.o.b. 25.12.1937 | M |
| A2b | Mya Mya San | Wife of Vice-Senior General Maung Aye | F |
| A2c | Nandar Aye | Daughter of Vice-Senior General Maung Aye, wife of Major Pye Aung (D17g) | F |
| A3a | General Thura Shwe Mann | Chief of Staff, Coordinator of Special Operations (Army, Navy and Air Force) d.o.b. 11.7.1947 | M |
| A3b | Khin Lay Thet | Wife of General Thura Shwe Mann d.o.b. 19.6.1947 | F |
| A3c | Aung Thet Mann aka Shwe Mann Ko Ko | Son of General Thura Shwe Mann, Ayeya Shwe War (Wah) Company, d.o.b. 19.6.1977, Passport No CM102233 | M |
| A3d | Khin Hnin Thandar | Wife of Aung Thet Mann | F |
| A3e | Toe Naing Mann | Son of General Thura Shwe Mann, d.o.b. 29.6.1978 | M |
| A3f | Zay Zin Latt | Wife of Toe Naing Mann; Daughter of Khin Shwe (ref J5a), d.o.b. 24.3.1981 | F |
| A5a | Lt-Gen Thein Sein | “Prime Minister”, d.o.b. 20.4 1945 | M |
| A5b | Khin Khin Win | Wife of Lt-Gen Thein Sein | F |
| A6a | Lt-Gen (Thiha Thura) Tin Aung Myint Oo | (Thiha Thura is a title) “Secretary 1”, d.o.b. 29.5.1950 | M |
| A6b | Khin Saw Hnin | Wife of Lt-Gen Thiha Thura Tin Aung Myint Oo | F |
| A6c | Captain Naing Lin Oo | Son of Lt-Gen Thiha Thura Tin Aung Myint Oo | M |
| A6d | Hnin Yee Mon | Wife of Capt. Naing Lin Oo | F |
| A7a | Lt-Gen Kyaw Win | Chief of Bureau of Special Operations 2 (Kayah, Shan States), Member of the Union Solidarity and Development Association (USDA), d.o.b. 3.1.1944 | M |
| A7b | San San Yee aka San San Yi | Wife of Lt-Gen Kyaw Win | F |
| A7c | Nyi Nyi Aung | Son of Lt-Gen Kyaw Win | M |
| A7d | San Thida Win | Wife of Nyi Nyi Aung | F |
| A7e | Min Nay Kyaw Win | Son of Lt-Gen Kyaw Win | M |
| A7f | Dr. Phone Myint Htun | Son of Lt-Gen Kyaw Win | M |
| A7g | San Sabai Win | Wife of Dr. Phone Myint Htun | F |
| A8a | Lt-Gen Tin Aye | Chief of Military Ordnance, Head of UMEHL | M |
| A8b | Kyi Kyi Ohn | Wife of Lt-Gen Tin Aye | F |
| A8c | Zaw Min Aye | Son of Lt-Gen Tin Aye | M |
| A9a | Lt-Gen Ye Myint | Chief of Bureau of Special Operations 1 (Kachin, Chin, Sagaing, Magwe, Mandalay), d.o.b. 21.10.1943 | M |
| A9b | Tin Lin Myint | Wife of Lt-Gen Ye Myint, d.o.b. 25.1.1947 | F |
| A9c | Theingi Ye Myint | Daughter of Lt-Gen Ye Myint | F |
| A9d | Aung Zaw Ye Myint | Son of Lt-Gen Ye Myint, Yetagun Construction Co | M |
| A9e | Kay Khaing Ye Myint | Daughter of Lt-Gen Ye Myint | F |
| A10a | Lt-Gen Aung Htwe | Chief of Armed Forces Training, d.o.b. 1.2.1943 | M |
| A10b | Khin Hnin Wai | Wife of Lt-Gen Aung Htwe | F |
| A11a | Lt-Gen Khin Maung Than | Chief of Bureau of Special Operations 3 (Pegu, Irrawaddy, Arakan) | M |
| A11b | Marlar Tint | Wife of Lt-Gen Khin Maung Than | F |
| A12a | Maj-Gen Thar Aye aka Tha Aye | Chief of Bureau of Special Operations 4 (Karen, Mon, Tenas serim), d.o.b. 16.2.1945 (formerly B3a) | M |
| A12b | Wai Wai Khaing a.k.a. Wei Wei Khaing | Wife of Maj-Gen Thar Aye | F |
| A13a | Lt-Gen Myint Swe | Chief of Bureau of Special Operations 5 (Naypyidaw, Rangoon/Yangon) | M |
| A13b | Khin Thet Htay | Wife of Lt-Gen Myint Swe | F |
| A14a | Arnt Maung | Retired Director General, Directorate of Religious Affairs | M |

Name (and possible aliases)

Identifying information (function/title, date and place of birth, passport/id number, spouse or son/daughter of)

Sex

(M/F)

A1a

Senior General Than Shwe

Chairman, d.o.b. 2.2.1933

M

A1b

Kyaing Kyaing

Wife of Senior General Than Shwe

F

A1c

Thandar Shwe

Daughter of Senior General Than Shwe

F

A1ci

Major Zaw Phyo Win

Husband of Thandar Shwe Deputy Director Export Section, Ministry of Trade

M

A1d

Khin Pyone Shwe

Daughter of Senior General Than Shwe

F

A1e

Aye Aye Thit Shwe

Daughter of Senior General Than Shwe

F

A1f

Tun Naing Shwe a.k.a. Tun Tun Naing

Son of Senior General Than Shwe

M

A1g

Khin Thanda

Wife of Tun Naing Shwe

F

A1h

Kyaing San Shwe

Son of Senior General Than Shwe, Owner of J's Donuts

M

A1i

Dr. Khin Win Sein

Wife of Kyaing San Shwe

F

A1j

Thant Zaw Shwe a.k.a. Maung Maung

Son of Senior General Than Shwe

M

A1k

Dewar Shwe

Daughter of Senior General Than Shwe

F

A1l

Kyi Kyi Shwe

Daughter of Senior General Than Shwe

F

A2a

Vice-Senior General Maung Aye

Vice-Chairman, d.o.b. 25.12.1937

M

A2b

Mya Mya San

Wife of Vice-Senior General Maung Aye

F

A2c

Nandar Aye

Daughter of Vice-Senior General Maung Aye, wife of Major Pye Aung (D17g)

F

A3a

General Thura Shwe Mann

Chief of Staff, Coordinator of Special Operations (Army, Navy and Air Force) d.o.b. 11.7.1947

M

A3b

Khin Lay Thet

Wife of General Thura Shwe Mann d.o.b. 19.6.1947

F

A3c

Aung Thet Mann aka Shwe Mann Ko Ko

Son of General Thura Shwe Mann, Ayeya Shwe War (Wah) Company, d.o.b. 19.6.1977, Passport No CM102233

M

A3d

Khin Hnin Thandar

Wife of Aung Thet Mann

F

A3e

Toe Naing Mann

Son of General Thura Shwe Mann, d.o.b. 29.6.1978

M

A3f

Zay Zin Latt

Wife of Toe Naing Mann; Daughter of Khin Shwe (ref J5a), d.o.b. 24.3.1981

F

A5a

Lt-Gen Thein Sein

“Prime Minister”, d.o.b. 20.4 1945

M

A5b

Khin Khin Win

Wife of Lt-Gen Thein Sein

F

A6a

Lt-Gen (Thiha Thura) Tin Aung Myint Oo

(Thiha Thura is a title) “Secretary 1”, d.o.b. 29.5.1950

M

A6b

Khin Saw Hnin

Wife of Lt-Gen Thiha Thura Tin Aung Myint Oo

F

A6c

Captain Naing Lin Oo

Son of Lt-Gen Thiha Thura Tin Aung Myint Oo

M

A6d

Hnin Yee Mon

Wife of Capt. Naing Lin Oo

F

A7a

Lt-Gen Kyaw Win

Chief of Bureau of Special Operations 2 (Kayah, Shan States), Member of the Union Solidarity and Development Association (USDA), d.o.b. 3.1.1944

M

A7b

San San Yee aka San San Yi

Wife of Lt-Gen Kyaw Win

F

A7c

Nyi Nyi Aung

Son of Lt-Gen Kyaw Win

M

A7d

San Thida Win

Wife of Nyi Nyi Aung

F

A7e

Min Nay Kyaw Win

Son of Lt-Gen Kyaw Win

M

A7f

Dr. Phone Myint Htun

Son of Lt-Gen Kyaw Win

M

A7g

San Sabai Win

Wife of Dr. Phone Myint Htun

F

A8a

Lt-Gen Tin Aye

Chief of Military Ordnance, Head of UMEHL

M

A8b

Kyi Kyi Ohn

Wife of Lt-Gen Tin Aye

F

A8c

Zaw Min Aye

Son of Lt-Gen Tin Aye

M

A9a

Lt-Gen Ye Myint

Chief of Bureau of Special Operations 1 (Kachin, Chin, Sagaing, Magwe, Mandalay), d.o.b. 21.10.1943

M

A9b

Tin Lin Myint

Wife of Lt-Gen Ye Myint, d.o.b. 25.1.1947

F

A9c

Theingi Ye Myint

Daughter of Lt-Gen Ye Myint

F

A9d

Aung Zaw Ye Myint

Son of Lt-Gen Ye Myint, Yetagun Construction Co

M

A9e

Kay Khaing Ye Myint

Daughter of Lt-Gen Ye Myint

F

A10a

Lt-Gen Aung Htwe

Chief of Armed Forces Training, d.o.b. 1.2.1943

M

A10b

Khin Hnin Wai

Wife of Lt-Gen Aung Htwe

F

A11a

Lt-Gen Khin Maung Than

Chief of Bureau of Special Operations 3 (Pegu, Irrawaddy, Arakan)

M

A11b

Marlar Tint

Wife of Lt-Gen Khin Maung Than

F

A12a

Maj-Gen Thar Aye aka Tha Aye

Chief of Bureau of Special Operations 4 (Karen, Mon, Tenas serim), d.o.b. 16.2.1945 (formerly B3a)

M

A12b

Wai Wai Khaing a.k.a. Wei Wei Khaing

Wife of Maj-Gen Thar Aye

F

A13a

Lt-Gen Myint Swe

Chief of Bureau of Special Operations 5 (Naypyidaw, Rangoon/Yangon)

M

A13b

Khin Thet Htay

Wife of Lt-Gen Myint Swe

F

A14a

Arnt Maung

Retired Director General, Directorate of Religious Affairs

M

B.   REGIONAL COMMANDERS

| | Name | Identifying information (inc. Command) | Sex
  (M/F) |
| --- | --- | --- | --- |
| B1a | Maj-Gen Hla Htay Win | Rangoon (Yangon) | M |
| B1b | Mar Mar Wai | Wife of Maj-Gen Hla Htay Win | F |
| B2a | Maj-Gen Thaung Aye | Eastern (Shan State (South)) | M |
| B2b | Thin Myo Myo Aung | Wife of Maj-Gen Thaung Aye | F |
| B3a | Brig-Gen Myint Soe | North Western (Sagaing Division) | M |
| B4a | Brig-Gen Khin Zaw Oo | Coastal (Tanintharyi Division), d.o.b. 24.6.1951 | M |
| B5a | Brig-Gen Aung Than Htut | North Eastern (Shan State(North)) | M |
| B6a | Brig-Gen Tin Ngwe | Central (Mandalay Division) | M |
| B6b | Khin Thida | Wife of Brig-Gen Tin Ngwe | F |
| B7a | Brig-Gen Maung Shein | Western (Rakhine State) | M |
| B7b | Kyawt Kyawt San | Wife of Brig-Gen Maung Shein | F |
| B8a | Brig-Gen Kyaw Swe | South Western (Irrawaddy Division) | M |
| B9a | Maj-Gen Ohn Myint | North (Kachin State) | M |
| B9b | Nu Nu Swe | Wife of Maj-Gen Ohn Myint | F |
| B9c | Kyaw Thiha aka Kyaw Thura | Son of Maj-Gen Ohn Myint | M |
| B9d | Nwe Ei Ei Zin | Wife of Kyaw Thiha | F |
| B10a | Maj-Gen Ko Ko | South (Bago Division) | M |
| B10b | Sao Nwan Khun Sum | Wife of Maj-Gen Ko Ko | F |
| B11a | Brig-Gen Thet Naing Win | South Eastern (Mon State) | M |
| B12a | Maj-Gen Min Aung Hlaing | Triangle (Shan State (East)) | M |
| B12b | Kyu Kyu Hla | Wife of Maj-Gen Min Aung Hlaing | F |
| B13a | Brig-Gen Wai Lwin | Naypyidaw | M |
| B13b | Wai Phyo Aung | Son of Brig-Gen Wai Lwin | M |
| B13c | Oanmar (Ohnmar) Kyaw Tun | Wife of Wai Phyo Aung | F |
| B13d | Swe Swe Oo | Wife of Brig-Gen Wai Lwin | F |
| B13e | Wai Phyo | Son of Brig-Gen Wai Lwin | M |
| B13f | Lwin Yamin | Daughter of Brig-Gen Wai Lwin | F |

Name

Identifying information (inc. Command)

Sex

(M/F)

B1a

Maj-Gen Hla Htay Win

Rangoon (Yangon)

M

B1b

Mar Mar Wai

Wife of Maj-Gen Hla Htay Win

F

B2a

Maj-Gen Thaung Aye

Eastern (Shan State (South))

M

B2b

Thin Myo Myo Aung

Wife of Maj-Gen Thaung Aye

F

B3a

Brig-Gen Myint Soe

North Western (Sagaing Division)

M

B4a

Brig-Gen Khin Zaw Oo

Coastal (Tanintharyi Division), d.o.b. 24.6.1951

M

B5a

Brig-Gen Aung Than Htut

North Eastern (Shan State(North))

M

B6a

Brig-Gen Tin Ngwe

Central (Mandalay Division)

M

B6b

Khin Thida

Wife of Brig-Gen Tin Ngwe

F

B7a

Brig-Gen Maung Shein

Western (Rakhine State)

M

B7b

Kyawt Kyawt San

Wife of Brig-Gen Maung Shein

F

B8a

Brig-Gen Kyaw Swe

South Western (Irrawaddy Division)

M

B9a

Maj-Gen Ohn Myint

North (Kachin State)

M

B9b

Nu Nu Swe

Wife of Maj-Gen Ohn Myint

F

B9c

Kyaw Thiha aka Kyaw Thura

Son of Maj-Gen Ohn Myint

M

B9d

Nwe Ei Ei Zin

Wife of Kyaw Thiha

F

B10a

Maj-Gen Ko Ko

South (Bago Division)

M

B10b

Sao Nwan Khun Sum

Wife of Maj-Gen Ko Ko

F

B11a

Brig-Gen Thet Naing Win

South Eastern (Mon State)

M

B12a

Maj-Gen Min Aung Hlaing

Triangle (Shan State (East))

M

B12b

Kyu Kyu Hla

Wife of Maj-Gen Min Aung Hlaing

F

B13a

Brig-Gen Wai Lwin

Naypyidaw

M

B13b

Wai Phyo Aung

Son of Brig-Gen Wai Lwin

M

B13c

Oanmar (Ohnmar) Kyaw Tun

Wife of Wai Phyo Aung

F

B13d

Swe Swe Oo

Wife of Brig-Gen Wai Lwin

F

B13e

Wai Phyo

Son of Brig-Gen Wai Lwin

M

B13f

Lwin Yamin

Daughter of Brig-Gen Wai Lwin

F

C.   DEPUTY REGIONAL COMMANDERS

| | Name | Identifying information (inc. Command) | Sex
  (M/F) |
| --- | --- | --- | --- |
| C1a | Brig-Gen Kyaw Kyaw Tun | Rangoon (Yangon) | M |
| C1b | Khin May Latt | Wife of Brig-Gen Kyaw Kyaw Tun | F |
| C2a | Brig-Gen Nay Win | Central | M |
| C2b | Nan Aye Mya | Wife of Brig-Gen Nay Win | F |
| C3a | Brig-Gen Tin Maung Ohn | North-Western | M |
| C4a | Brig-Gen San Tun | Northern | M |
| C4b | Tin Sein | Wife of Brig-Gen San Tun | F |
| C5a | Brig-Gen Hla Myint | North-Eastern | M |
| C5b | Su Su Hlaing | Wife of Brig-Gen Hla Myint | F |
| C6a | Brig-Gen Wai Lin | Triangle | M |
| C7a | Brig-Gen Win Myint | Eastern | M |
| C8a | Brig-Gen Zaw Min | South-Eastern | M |
| C8b | Nyunt Nyunt Wai | Wife of Brig-Gen Zaw Min | F |
| C9a | Brig-Gen Hone Ngaing aka Hon Ngai | Coastal | M |
| C10a | Brig-Gen Thura Maung Ni | Southern | M |
| C10b | Nan Myint Sein | Wife of Brig-Gen Thura Maung Ni | F |
| C11a | Brig-Gen Tint Swe | South-Western | M |
| C11b | Khin Thaung | Wife of Brig-Gen Tint Swe | F |
| C11c | Ye Min a.k.a.: Ye Kyaw Swar Swe | Son of Brig-Gen Tint Swe | M |
| C11d | Su Mon Swe | Wife of Ye Min | F |
| C12a | Brig-Gen Tin Hlaing | Western | M |
| C12b | Hla Than Htay | Wife of Brig-Gen Tin Hlaing | F |

Name

Identifying information (inc. Command)

Sex

(M/F)

C1a

Brig-Gen Kyaw Kyaw Tun

Rangoon (Yangon)

M

C1b

Khin May Latt

Wife of Brig-Gen Kyaw Kyaw Tun

F

C2a

Brig-Gen Nay Win

Central

M

C2b

Nan Aye Mya

Wife of Brig-Gen Nay Win

F

C3a

Brig-Gen Tin Maung Ohn

North-Western

M

C4a

Brig-Gen San Tun

Northern

M

C4b

Tin Sein

Wife of Brig-Gen San Tun

F

C5a

Brig-Gen Hla Myint

North-Eastern

M

C5b

Su Su Hlaing

Wife of Brig-Gen Hla Myint

F

C6a

Brig-Gen Wai Lin

Triangle

M

C7a

Brig-Gen Win Myint

Eastern

M

C8a

Brig-Gen Zaw Min

South-Eastern

M

C8b

Nyunt Nyunt Wai

Wife of Brig-Gen Zaw Min

F

C9a

Brig-Gen Hone Ngaing aka Hon Ngai

Coastal

M

C10a

Brig-Gen Thura Maung Ni

Southern

M

C10b

Nan Myint Sein

Wife of Brig-Gen Thura Maung Ni

F

C11a

Brig-Gen Tint Swe

South-Western

M

C11b

Khin Thaung

Wife of Brig-Gen Tint Swe

F

C11c

Ye Min a.k.a.: Ye Kyaw Swar Swe

Son of Brig-Gen Tint Swe

M

C11d

Su Mon Swe

Wife of Ye Min

F

C12a

Brig-Gen Tin Hlaing

Western

M

C12b

Hla Than Htay

Wife of Brig-Gen Tin Hlaing

F

D.   MINISTERS

| | Name | Identifying information (inc. Ministry) | Sex
  (M/F) |
| --- | --- | --- | --- |
| D3a | Maj-Gen Htay Oo | Agriculture and Irrigation (since 18.9.2004) (formerly Cooperatives since 25.8.2003); Secretary-General of the USDA | M |
| D3b | Ni Ni Win | Wife of Maj-Gen Htay Oo | F |
| D3c | Thein Zaw Nyo | Cadet Son of Maj-Gen Htay Oo | M |
| D4a | Brig-Gen Tin Naing Thein | Commerce (since 18.9.2004), formerly Deputy Minister of Forestry, d.o.b. 1955 | M |
| D4b | Aye Aye | Wife of Brig-Gen Tin Naing Thein | F |
| D5a | Maj-Gen Saw Tun | Construction d.o.b. 8.5.1935 (since 15.6.1995) | M |
| D5b | Myint Myint Ko | Wife of Maj-Gen Saw Tun, d.o.b. 11.1.1945 | F |
| D5c | Me Me Tun | Daughter of Maj-Gen Saw Tun, d.o.b. 26.10.1967, Passport No 415194 | F |
| D5d | Maung Maung Lwin | Husband of Me Me Tun, d.o.b. 2.1.1969 | M |
| D6a | Maj-Gen Tin Htut | Cooperatives (since 15.5.2006) | M |
| D6b | Tin Tin Nyunt | Wife of Maj-Gen Tin Htut | F |
| D7a | Maj-Gen Khin Aung Myint | Culture (since 15.5.2006) | M |
| D7b | Khin Phyone | Wife of Maj-Gen Khin Aung Myint | F |
| D8a | Dr. Chan Nyein | Education (since 10.8.2005), formerly Deputy Minister of Science & Technology, Member of the Executive Committee of the USDA, d.o.b. 1944 | M |
| D8b | Sandar Aung | Wife of Dr. Chan Nyein | F |
| D9a | Col Zaw Min | Electric Power (1) (since 15.5.2006), d.o.b. 10.1.1949 | M |
| D9b | Khin Mi Mi | Wife of Col Zaw Min | F |
| D10a | Brig-Gen Lun Thi | Energy (since 20.12.1997), d.o.b. 18.7.1940 | M |
| D10b | Khin Mar Aye | Wife of Brig-Gen Lun Thi | F |
| D10c | Mya Sein Aye | Daughter of Brig-Gen Lun Thi | F |
| D10d | Zin Maung Lun | Son of Brig-Gen Lun Thi | M |
| D10e | Zar Chi Ko | Wife of Zin Maung Lun | F |
| D11a | Maj-Gen Hla Tun | Finance & Revenue (since 1.2.2003), d.o.b. 11.7.1951 | M |
| D11b | Khin Than Win | Wife of Maj-Gen Hla Tun | F |
| D12a | Nyan Win | Foreign Affairs (since 18.9.2004), formerly Deputy Chief of Armed Forces Training, d.o.b. 22.1.1953 | M |
| D12b | Myint Myint Soe | Wife of Nyan Win, d.o.b. 15.1.1953 | F |
| D13a | Brig-Gen Thein Aung | Forestry (since 25.8.2003) | M |
| D13b | Khin Htay Myint | Wife of Brig-Gen Thein Aung | F |
| D14a | Prof. Dr. Kyaw Myint | Health (since 1.2.2003), d.o.b. 1940 | M |
| D14b | Nilar Thaw | Wife of Prof. Dr. Kyaw Myint | F |
| D15a | Maj-Gen Maung Oo | Home Affairs (since 5.11.2004), d.o.b. 1952 | M |
| D15b | Nyunt Nyunt Oo | Wife of Maj-Gen Maung Oo | F |
| D16a | Maj-Gen Maung Maung Swe | Ministry of Immigration & Population, as well as Ministry of Social Welfare, Relief & Resettlement (since 15.5.2006) | M |
| D16b | Tin Tin Nwe | Wife of Maj-Gen Maung Maung Swe | F |
| D16c | Ei Thet Thet Swe | Daughter of Maj-Gen Maung Maung Swe | F |
| D16d | Kaung Kyaw Swe | Son of Maj-Gen Maung Maung Swe | M |
| D17a | Aung Thaung | Industry 1 (since 15.11.1997) | M |
| D17b | Khin Khin Yi | Wife of Aung Thaung | F |
| D17c | Major Moe Aung | Son of Aung Thaung | M |
| D17d | Dr. Aye Khaing Nyunt | Wife of Major Moe Aung | F |
| D17e | Nay Aung | Son of Aung Thaung, businessman, Managing Director, Aung Yee Phyoe Co. Ltd | M |
| D17f | Khin Moe Nyunt | Wife of Nay Aung | F |
| D17g | Major Pyi Aung aka Pye Aung | Son of Aung Thaung (married to A2c) | M |
| D17h | Khin Ngu Yi Phyo | Daughter of Aung Thaung | F |
| D17i | Dr Thu Nanda Aung | Daughter of Aung Thaung | F |
| D17j | Aye Myat Po Aung | Daughter of Aung Thaung | F |
| D18a | Maj-Gen Saw Lwin | Industry 2 (since 14.11.1998), d.o.b. 1939 | M |
| D18b | Moe Moe Myint | Wife of Maj-Gen Saw Lwin | F |
| D19a | Brig-Gen Kyaw Hsan | Information (since 13.9.2002) | M |
| D19b | Kyi Kyi Win | Wife of Brig-Gen Kyaw Hsan | F |
| D20a | Brig-Gen Maung Maung Thein | Livestock & Fisheries | M |
| D20b | Myint Myint Aye | Wife of Brig-Gen Maung Maung Thein | F |
| D20c | Min Thein aka Ko Pauk | Son of Brig-Gen Maung Maung Thein | M |
| D21a | Brig-Gen Ohn Myint | Mines (since 15.11.1997) | M |
| D21b | San San | Wife of Brig-Gen Ohn Myint | F |
| D21c | Thet Naing Oo | Son of Brig-Gen Ohn Myint | M |
| D21d | Min Thet Oo | Son of Brig-Gen Ohn Myint | M |
| D22a | Soe Tha | National Planning & Economic Development (since 20.12.1997), d.o.b. 1945 | M |
| D22b | Kyu Kyu Win | Wife of Soe Tha | F |
| D22c | Kyaw Myat Soe | Son of Soe Tha | M |
| D22d | Wei Wei Lay | Wife of Kyaw Myat Soe | F |
| D22e | Aung Soe Tha | Son of Soe Tha | M |
| D23a | Col Thein Nyunt | Progress of Border Areas & National Races & Development Affairs (since 15.11.1997), and Mayor of Naypyidaw | M |
| D23b | Kyin Khaing | Wife of Col Thein Nyunt | F |
| D24a | Maj-Gen Aung Min | Rail Transportation (since 1.2.2003) | M |
| D24b | Wai Wai Thar aka Wai Wai Tha | Wife of Maj-Gen Aung Min | F |
| D25a | Brig-Gen Thura Myint Maung | Religious Affairs (since 25.8.2003) | M |
| D25b | Aung Kyaw Soe | Son of Brig-Gen Thura Myint Maung | M |
| D25c | Su Su Sandi | Wife of Aung Kyaw Soe | F |
| D25d | Zin Myint Maung | Daughter of Brig-Gen Thura Myint Maung | F |
| D26a | Thaung | Science & Technology (since 11.1998), d.o.b. 6.7.1937 | M |
| D26b | May Kyi Sein | Wife of Thaung | F |
| D26c | Aung Kyi | Son of Thaung, d.o.b. 1971 | M |
| D27a | Brig-Gen Thura Aye Myint | Sports (since 29.10.1999) | M |
| D27b | Aye Aye | Wife of Brig-Gen Thura Aye Myint | F |
| D27c | Nay Linn | Son of Brig-Gen Thura Aye Myint | M |
| D28a | Brig-Gen Thein Zaw | Minister of Telecommunications, Post & Telegraphs (since 10.5.2001) | M |
| D28b | Mu Mu Win | Wife of Brig-Gen Thein Zaw | F |
| D29a | Maj-Gen Thein Swe | Transport, since 18.9.2004 (formerly PM's Office from 25.8.2003) | M |
| D29b | Mya Theingi | Wife of Maj-Gen Thein Swe | F |
| D30a | Maj-Gen Soe Naing | Minister for Hotels and Tourism (since 15.5.2006) | M |
| D30b | Tin Tin Latt | Wife of Maj-Gen Soe Naing | F |
| D30c | Wut Yi Oo | Daughter of Maj-Gen Soe Naing | F |
| D30d | Captain Htun Zaw Win | Husband of Wut Yi Oo | M |
| D30e | Yin Thu Aye | Daughter of Maj-Gen Soe Naing | F |
| D30f | Yi Phone Zaw | Son of Maj-Gen Soe Naing | M |
| D31a | Maj-Gen Khin Maung Myint | Electric Power (2) (New Ministry) (since 15.5.2006) | M |
| D31b | Win Win Nu | Wife of Maj-Gen Khin Maung Myint | F |
| D32a | Aung Kyi | Employment/Labour (appointed Minister for Relations on 8.10.2007, in charge of relations with Aung San Suu Kyi) | M |
| D32b | Thet Thet Swe | Wife of Aung Kyi | F |

Name

Identifying information (inc. Ministry)

Sex

(M/F)

D3a

Maj-Gen Htay Oo

Agriculture and Irrigation (since 18.9.2004) (formerly Cooperatives since 25.8.2003); Secretary-General of the USDA

M

D3b

Ni Ni Win

Wife of Maj-Gen Htay Oo

F

D3c

Thein Zaw Nyo

Cadet Son of Maj-Gen Htay Oo

M

D4a

Brig-Gen Tin Naing Thein

Commerce (since 18.9.2004), formerly Deputy Minister of Forestry, d.o.b. 1955

M

D4b

Aye Aye

Wife of Brig-Gen Tin Naing Thein

F

D5a

Maj-Gen Saw Tun

Construction d.o.b. 8.5.1935 (since 15.6.1995)

M

D5b

Myint Myint Ko

Wife of Maj-Gen Saw Tun, d.o.b. 11.1.1945

F

D5c

Me Me Tun

Daughter of Maj-Gen Saw Tun, d.o.b. 26.10.1967, Passport No 415194

F

D5d

Maung Maung Lwin

Husband of Me Me Tun, d.o.b. 2.1.1969

M

D6a

Maj-Gen Tin Htut

Cooperatives (since 15.5.2006)

M

D6b

Tin Tin Nyunt

Wife of Maj-Gen Tin Htut

F

D7a

Maj-Gen Khin Aung Myint

Culture (since 15.5.2006)

M

D7b

Khin Phyone

Wife of Maj-Gen Khin Aung Myint

F

D8a

Dr. Chan Nyein

Education (since 10.8.2005), formerly Deputy Minister of Science & Technology, Member of the Executive Committee of the USDA, d.o.b. 1944

M

D8b

Sandar Aung

Wife of Dr. Chan Nyein

F

D9a

Col Zaw Min

Electric Power (1) (since 15.5.2006), d.o.b. 10.1.1949

M

D9b

Khin Mi Mi

Wife of Col Zaw Min

F

D10a

Brig-Gen Lun Thi

Energy (since 20.12.1997), d.o.b. 18.7.1940

M

D10b

Khin Mar Aye

Wife of Brig-Gen Lun Thi

F

D10c

Mya Sein Aye

Daughter of Brig-Gen Lun Thi

F

D10d

Zin Maung Lun

Son of Brig-Gen Lun Thi

M

D10e

Zar Chi Ko

Wife of Zin Maung Lun

F

D11a

Maj-Gen Hla Tun

Finance & Revenue (since 1.2.2003), d.o.b. 11.7.1951

M

D11b

Khin Than Win

Wife of Maj-Gen Hla Tun

F

D12a

Nyan Win

Foreign Affairs (since 18.9.2004), formerly Deputy Chief of Armed Forces Training, d.o.b. 22.1.1953

M

D12b

Myint Myint Soe

Wife of Nyan Win, d.o.b. 15.1.1953

F

D13a

Brig-Gen Thein Aung

Forestry (since 25.8.2003)

M

D13b

Khin Htay Myint

Wife of Brig-Gen Thein Aung

F

D14a

Prof. Dr. Kyaw Myint

Health (since 1.2.2003), d.o.b. 1940

M

D14b

Nilar Thaw

Wife of Prof. Dr. Kyaw Myint

F

D15a

Maj-Gen Maung Oo

Home Affairs (since 5.11.2004), d.o.b. 1952

M

D15b

Nyunt Nyunt Oo

Wife of Maj-Gen Maung Oo

F

D16a

Maj-Gen Maung Maung Swe

Ministry of Immigration & Population, as well as Ministry of Social Welfare, Relief & Resettlement (since 15.5.2006)

M

D16b

Tin Tin Nwe

Wife of Maj-Gen Maung Maung Swe

F

D16c

Ei Thet Thet Swe

Daughter of Maj-Gen Maung Maung Swe

F

D16d

Kaung Kyaw Swe

Son of Maj-Gen Maung Maung Swe

M

D17a

Aung Thaung

Industry 1 (since 15.11.1997)

M

D17b

Khin Khin Yi

Wife of Aung Thaung

F

D17c

Major Moe Aung

Son of Aung Thaung

M

D17d

Dr. Aye Khaing Nyunt

Wife of Major Moe Aung

F

D17e

Nay Aung

Son of Aung Thaung, businessman, Managing Director, Aung Yee Phyoe Co. Ltd

M

D17f

Khin Moe Nyunt

Wife of Nay Aung

F

D17g

Major Pyi Aung aka Pye Aung

Son of Aung Thaung (married to A2c)

M

D17h

Khin Ngu Yi Phyo

Daughter of Aung Thaung

F

D17i

Dr Thu Nanda Aung

Daughter of Aung Thaung

F

D17j

Aye Myat Po Aung

Daughter of Aung Thaung

F

D18a

Maj-Gen Saw Lwin

Industry 2 (since 14.11.1998), d.o.b. 1939

M

D18b

Moe Moe Myint

Wife of Maj-Gen Saw Lwin

F

D19a

Brig-Gen Kyaw Hsan

Information (since 13.9.2002)

M

D19b

Kyi Kyi Win

Wife of Brig-Gen Kyaw Hsan

F

D20a

Brig-Gen Maung Maung Thein

Livestock & Fisheries

M

D20b

Myint Myint Aye

Wife of Brig-Gen Maung Maung Thein

F

D20c

Min Thein aka Ko Pauk

Son of Brig-Gen Maung Maung Thein

M

D21a

Brig-Gen Ohn Myint

Mines (since 15.11.1997)

M

D21b

San San

Wife of Brig-Gen Ohn Myint

F

D21c

Thet Naing Oo

Son of Brig-Gen Ohn Myint

M

D21d

Min Thet Oo

Son of Brig-Gen Ohn Myint

M

D22a

Soe Tha

National Planning & Economic Development (since 20.12.1997), d.o.b. 1945

M

D22b

Kyu Kyu Win

Wife of Soe Tha

F

D22c

Kyaw Myat Soe

Son of Soe Tha

M

D22d

Wei Wei Lay

Wife of Kyaw Myat Soe

F

D22e

Aung Soe Tha

Son of Soe Tha

M

D23a

Col Thein Nyunt

Progress of Border Areas & National Races & Development Affairs (since 15.11.1997), and Mayor of Naypyidaw

M

D23b

Kyin Khaing

Wife of Col Thein Nyunt

F

D24a

Maj-Gen Aung Min

Rail Transportation (since 1.2.2003)

M

D24b

Wai Wai Thar aka Wai Wai Tha

Wife of Maj-Gen Aung Min

F

D25a

Brig-Gen Thura Myint Maung

Religious Affairs (since 25.8.2003)

M

D25b

Aung Kyaw Soe

Son of Brig-Gen Thura Myint Maung

M

D25c

Su Su Sandi

Wife of Aung Kyaw Soe

F

D25d

Zin Myint Maung

Daughter of Brig-Gen Thura Myint Maung

F

D26a

Thaung

Science & Technology (since 11.1998), d.o.b. 6.7.1937

M

D26b

May Kyi Sein

Wife of Thaung

F

D26c

Aung Kyi

Son of Thaung, d.o.b. 1971

M

D27a

Brig-Gen Thura Aye Myint

Sports (since 29.10.1999)

M

D27b

Aye Aye

Wife of Brig-Gen Thura Aye Myint

F

D27c

Nay Linn

Son of Brig-Gen Thura Aye Myint

M

D28a

Brig-Gen Thein Zaw

Minister of Telecommunications, Post & Telegraphs (since 10.5.2001)

M

D28b

Mu Mu Win

Wife of Brig-Gen Thein Zaw

F

D29a

Maj-Gen Thein Swe

Transport, since 18.9.2004 (formerly PM's Office from 25.8.2003)

M

D29b

Mya Theingi

Wife of Maj-Gen Thein Swe

F

D30a

Maj-Gen Soe Naing

Minister for Hotels and Tourism (since 15.5.2006)

M

D30b

Tin Tin Latt

Wife of Maj-Gen Soe Naing

F

D30c

Wut Yi Oo

Daughter of Maj-Gen Soe Naing

F

D30d

Captain Htun Zaw Win

Husband of Wut Yi Oo

M

D30e

Yin Thu Aye

Daughter of Maj-Gen Soe Naing

F

D30f

Yi Phone Zaw

Son of Maj-Gen Soe Naing

M

D31a

Maj-Gen Khin Maung Myint

Electric Power (2) (New Ministry) (since 15.5.2006)

M

D31b

Win Win Nu

Wife of Maj-Gen Khin Maung Myint

F

D32a

Aung Kyi

Employment/Labour (appointed Minister for Relations on 8.10.2007, in charge of relations with Aung San Suu Kyi)

M

D32b

Thet Thet Swe

Wife of Aung Kyi

F

E.   DEPUTY MINISTERS

| | Name | Identifying information (inc. Ministry) | Sex
  (M/F) |
| --- | --- | --- | --- |
| E1a | Ohn Myint | Agriculture & Irrigation (since 15.11.1997) | M |
| E1b | Thet War | Wife of Ohn Myint | F |
| E2a | Brig-Gen Aung Tun | Commerce (since 13.9.2003) | M |
| E3a | Brig-Gen Myint Thein | Construction (since 5.1.2000) | M |
| E3b | Mya Than | Wife of Brig-Gen Myint Thein | F |
| E4a | U Tint Swe | Construction (since 7.5.1998) | M |
| E5a | Maj-Gen Aye Myint (since 15.5.2006) | Defence | M |
| E6a | Myo Nyunt | Education (since 8.7.1999) | M |
| E6b | Marlar Thein | Wife of Myo Nyunt | F |
| E7a | Brig-Gen Aung Myo Min | Education (since 19.11.2003) | M |
| E7b | Thazin Nwe | Wife of Brig-Gen Aung Myo Min | F |
| E8a | Myo Myint | Electric Power 1 (since 29.10.1999) | M |
| E8b | Tin Tin Myint | Wife of Myo Myint | F |
| E8c | Aung Khaing Moe | Son of Myo Myint, d.o.b. 25.6.1967 (believed to be currently in UK; went before entered on list) | M |
| E9a | Brig-Gen Than Htay | Energy (since 25.8.2003) | M |
| E9b | Soe Wut Yi | Wife of Brig-Gen Than Htay | F |
| E10a | Col Hla Thein Swe | Finance & Revenue (since 25.8.2003) | M |
| E10b | Thida Win | Wife of Col Hla Thein Swe | F |
| E11a | Kyaw Thu | Foreign Affairs (since 25.8.2003), d.o.b. 15.8.1949 | M |
| E11b | Lei Lei Kyi | Wife of Kyaw Thu | F |
| E12a | Maung Myint | Foreign Affairs (since 18.9.2004) | M |
| E12b | Dr Khin Mya Win | Wife of Maung Myint | F |
| E13a | Prof. Dr. Mya Oo | Health (since 16.11.1997), d.o.b. 25.1.1940 | M |
| E13b | Tin Tin Mya | Wife of Prof. Dr. Mya Oo | F |
| E13c | Dr. Tun Tun Oo | Son of Prof. Dr. Mya Oo, d.o.b. 26.7.1965 | M |
| E13d | Dr. Mya Thuzar | Daughter of Prof. Dr. Mya Oo, d.o.b. 23.9.1971 | F |
| E13e | Mya Thidar | Daughter of Prof. Dr. Mya Oo, d.o.b. 10.6.1973 | F |
| E13f | Mya Nandar | Daughter of Prof. Dr. Mya Oo, d.o.b. 29.5.1976 | F |
| E14a | Brig-Gen Phone Swe | Home Affairs (since 25.8.2003) | M |
| E14b | San San Wai | Wife of Brig-Gen Phone Swe | F |
| E15a | Brig-Gen Aye Myint Kyu | Hotels & Tourism (since 16.11.1997) | M |
| E15b | Khin Swe Myint | Wife of Brig-Gen Aye Myint Kyu | F |
| E16a | Brig-Gen Win Sein | Immigration & Population (since November 2006) | M |
| E16b | Wai Wai Linn | Wife of Brig-Gen Win Sein | F |
| E17a | Lt-Col Khin Maung Kyaw | Industry 2 (since 5.1.2000) | M |
| E17b | Mi Mi Wai | Wife of Lt-Col Khin Maung Kyaw | F |
| E19a | Col Tin Ngwe | Progress of Border Areas & National Races & Development Affairs (since 25.8.2003) | M |
| E19b | Khin Mya Chit | Wife of Col Tin Ngwe | F |
| E20a | Thura Thaung Lwin | (Thura is a title), Rail Transportation (since 16.11.1997) | M |
| E20b | Dr. Yi Yi Htwe | Wife of Thura Thaung Lwin | F |
| E21a | Brig-Gen Thura Aung Ko | (Thura is a title), Religious Affairs, USDA, member of the Central Executive Committee (since 17.11.1997) | M |
| E21b | Myint Myint Yee aka Yi Yi Myint | Wife of Brig-Gen Thura Aung Ko | F |
| E22a | Kyaw Soe | Science and Technology (since 15.11.2004) | M |
| E23a | Col Thurein Zaw | National Planning and Economic Development (since 10.8.2005) | M |
| E23b | Tin Ohn Myint | Wife of Col Thurein Zaw | F |
| E24a | Brig-Gen Kyaw Myint | Social Welfare, Relief & Resettlement (since 25.8.2003) | M |
| E24b | Khin Nwe Nwe | Wife of Brig-Gen Kyaw Myint | F |
| E25a | Pe Than | Rail Transportation (since 14.11.1998) | M |
| E25b | Cho Cho Tun | Wife of Pe Than | F |
| E26a | Col Nyan Tun Aung | Transport (since 25.8.2003) | M |
| E26b | Wai Wai | Wife of Col Nyan Tun Aung | F |
| E27a | Dr. Paing Soe | Health (additional Deputy Minister) (since 15.5.2006) | M |
| E27b | Khin Mar Swe | Wife of Dr. Paing Soe | F |
| E28a | Maj-Gen Thein Tun | Deputy Minister for Posts and Telecommunications | M |
| E28b | Mya Mya Win | Wife of Thein Tun | F |
| E29a | Maj-Gen Kyaw Swa Khaing | Deputy Minister for Industry | M |
| E29b | Khin Phyu Mar | Wife of Kyaw Swa Khaing | F |
| E30a | Maj-Gen Thein Htay | Deputy Minister for Defence | M |
| E30b | Myint Myint Khine | Wife of Maj-Gen Thein Htay | F |
| E31a | Brig-Gen Tin Tun Aung | Deputy Minister for Labour (since 7.11.2007) | M |
| E32a | Brig-Gen Win Myint | Deputy Minister Electric Power 2 or Industry-2 (since 7.11.2007) | M |

Name

Identifying information (inc. Ministry)

Sex

(M/F)

E1a

Ohn Myint

Agriculture & Irrigation (since 15.11.1997)

M

E1b

Thet War

Wife of Ohn Myint

F

E2a

Brig-Gen Aung Tun

Commerce (since 13.9.2003)

M

E3a

Brig-Gen Myint Thein

Construction (since 5.1.2000)

M

E3b

Mya Than

Wife of Brig-Gen Myint Thein

F

E4a

U Tint Swe

Construction (since 7.5.1998)

M

E5a

Maj-Gen Aye Myint (since 15.5.2006)

Defence

M

E6a

Myo Nyunt

Education (since 8.7.1999)

M

E6b

Marlar Thein

Wife of Myo Nyunt

F

E7a

Brig-Gen Aung Myo Min

Education (since 19.11.2003)

M

E7b

Thazin Nwe

Wife of Brig-Gen Aung Myo Min

F

E8a

Myo Myint

Electric Power 1 (since 29.10.1999)

M

E8b

Tin Tin Myint

Wife of Myo Myint

F

E8c

Aung Khaing Moe

Son of Myo Myint, d.o.b. 25.6.1967 (believed to be currently in UK; went before entered on list)

M

E9a

Brig-Gen Than Htay

Energy (since 25.8.2003)

M

E9b

Soe Wut Yi

Wife of Brig-Gen Than Htay

F

E10a

Col Hla Thein Swe

Finance & Revenue (since 25.8.2003)

M

E10b

Thida Win

Wife of Col Hla Thein Swe

F

E11a

Kyaw Thu

Foreign Affairs (since 25.8.2003), d.o.b. 15.8.1949

M

E11b

Lei Lei Kyi

Wife of Kyaw Thu

F

E12a

Maung Myint

Foreign Affairs (since 18.9.2004)

M

E12b

Dr Khin Mya Win

Wife of Maung Myint

F

E13a

Prof. Dr. Mya Oo

Health (since 16.11.1997), d.o.b. 25.1.1940

M

E13b

Tin Tin Mya

Wife of Prof. Dr. Mya Oo

F

E13c

Dr. Tun Tun Oo

Son of Prof. Dr. Mya Oo, d.o.b. 26.7.1965

M

E13d

Dr. Mya Thuzar

Daughter of Prof. Dr. Mya Oo, d.o.b. 23.9.1971

F

E13e

Mya Thidar

Daughter of Prof. Dr. Mya Oo, d.o.b. 10.6.1973

F

E13f

Mya Nandar

Daughter of Prof. Dr. Mya Oo, d.o.b. 29.5.1976

F

E14a

Brig-Gen Phone Swe

Home Affairs (since 25.8.2003)

M

E14b

San San Wai

Wife of Brig-Gen Phone Swe

F

E15a

Brig-Gen Aye Myint Kyu

Hotels & Tourism (since 16.11.1997)

M

E15b

Khin Swe Myint

Wife of Brig-Gen Aye Myint Kyu

F

E16a

Brig-Gen Win Sein

Immigration & Population (since November 2006)

M

E16b

Wai Wai Linn

Wife of Brig-Gen Win Sein

F

E17a

Lt-Col Khin Maung Kyaw

Industry 2 (since 5.1.2000)

M

E17b

Mi Mi Wai

Wife of Lt-Col Khin Maung Kyaw

F

E19a

Col Tin Ngwe

Progress of Border Areas & National Races & Development Affairs (since 25.8.2003)

M

E19b

Khin Mya Chit

Wife of Col Tin Ngwe

F

E20a

Thura Thaung Lwin

(Thura is a title), Rail Transportation (since 16.11.1997)

M

E20b

Dr. Yi Yi Htwe

Wife of Thura Thaung Lwin

F

E21a

Brig-Gen Thura Aung Ko

(Thura is a title), Religious Affairs, USDA, member of the Central Executive Committee (since 17.11.1997)

M

E21b

Myint Myint Yee aka Yi Yi Myint

Wife of Brig-Gen Thura Aung Ko

F

E22a

Kyaw Soe

Science and Technology (since 15.11.2004)

M

E23a

Col Thurein Zaw

National Planning and Economic Development (since 10.8.2005)

M

E23b

Tin Ohn Myint

Wife of Col Thurein Zaw

F

E24a

Brig-Gen Kyaw Myint

Social Welfare, Relief & Resettlement (since 25.8.2003)

M

E24b

Khin Nwe Nwe

Wife of Brig-Gen Kyaw Myint

F

E25a

Pe Than

Rail Transportation (since 14.11.1998)

M

E25b

Cho Cho Tun

Wife of Pe Than

F

E26a

Col Nyan Tun Aung

Transport (since 25.8.2003)

M

E26b

Wai Wai

Wife of Col Nyan Tun Aung

F

E27a

Dr. Paing Soe

Health (additional Deputy Minister) (since 15.5.2006)

M

E27b

Khin Mar Swe

Wife of Dr. Paing Soe

F

E28a

Maj-Gen Thein Tun

Deputy Minister for Posts and Telecommunications

M

E28b

Mya Mya Win

Wife of Thein Tun

F

E29a

Maj-Gen Kyaw Swa Khaing

Deputy Minister for Industry

M

E29b

Khin Phyu Mar

Wife of Kyaw Swa Khaing

F

E30a

Maj-Gen Thein Htay

Deputy Minister for Defence

M

E30b

Myint Myint Khine

Wife of Maj-Gen Thein Htay

F

E31a

Brig-Gen Tin Tun Aung

Deputy Minister for Labour (since 7.11.2007)

M

E32a

Brig-Gen Win Myint

Deputy Minister Electric Power 2 or Industry-2 (since 7.11.2007)

M

F.   OTHER TOURISM-RELATED APPOINTMENTS

| | Name | Identifying information (inc. post held) | Sex
  (M/F) |
| --- | --- | --- | --- |
| F1a | Capt. (Retired) Htay Aung | Director General at Hotels & Tourism Directorate (Managing Director, Myanmar Hotels and Tourism Services until August 2004) | M |
| F2a | Tin Maung Shwe | Deputy Director General, Hotels and Tourism Directorate | M |
| F3a | Soe Thein | Managing Director, Myanmar Hotels and Tourism Services since October 2004 (previously General Manager) | M |
| F4a | Khin Maung Soe | General Manager | M |
| F5a | Tint Swe | General Manager | M |
| F6a | Lt-Col Yan Naing | General Manager, Ministry of Hotels & Tourism | M |
| F7a | Kyi Kyi Aye | Director for Tourism Promotion, Ministry of Hotels & Tourism | F |

Name

Identifying information (inc. post held)

Sex

(M/F)

F1a

Capt. (Retired) Htay Aung

Director General at Hotels & Tourism Directorate (Managing Director, Myanmar Hotels and Tourism Services until August 2004)

M

F2a

Tin Maung Shwe

Deputy Director General, Hotels and Tourism Directorate

M

F3a

Soe Thein

Managing Director, Myanmar Hotels and Tourism Services since October 2004 (previously General Manager)

M

F4a

Khin Maung Soe

General Manager

M

F5a

Tint Swe

General Manager

M

F6a

Lt-Col Yan Naing

General Manager, Ministry of Hotels & Tourism

M

F7a

Kyi Kyi Aye

Director for Tourism Promotion, Ministry of Hotels & Tourism

F

G.   SENIOR MILITARY OFFICERS

| | Name | Identifying information (inc. function) | Sex
  (M/F) |
| --- | --- | --- | --- |
| G1a | Maj-Gen Hla Shwe | Deputy Adjutant General | M |
| G2a | Maj-Gen Soe Maung | Judge Advocate General | M |
| G2b | Nang Phyu Phyu Aye | Wife of Maj-Gen Soe Maung | F |
| G3a | Maj-Gen Thein Htaik aka Hteik | Inspector General | M |
| G4a | Maj-Gen Saw Hla | Provost Marshal | M |
| G4b | Cho Cho Maw | Wife of Maj-Gen Saw Hla | F |
| G5a | Maj-Gen Htin Aung Kyaw | Vice Quarter Master General | M |
| G5b | Khin Khin Maw | Wife of Maj-Gen Htin Aung Kyaw | F |
| G6a | Maj-Gen Lun Maung | Auditor General | M |
| G6b | May Mya Sein | Wife of Maj-Gen Lun Maung | F |
| G7a | Maj-Gen Nay Win | Military Assistant to the SPDC Chairman | M |
| G8a | Maj-Gen Hsan Hsint | Military Appointments General; d.o.b. 1951 | M |
| G8b | Khin Ma Lay | Wife of Maj-Gen Hsan Hsint | F |
| G8c | Okkar San Sint | Son of Maj-Gen Hsan Hsint | M |
| G9a | Maj-Gen Hla Aung Thein | Camp Commandant, Rangoon | M |
| G9b | Amy Khaing | Wife of Hla Aung Thein | F |
| G10a | Maj-Gen Ye Myint | Chief of Military Affairs Security | M |
| G10b | Myat Ngwe | Wife of Maj-Gen Ye Myint | F |
| G11a | Brig-Gen Mya Win | Commandant, National Defence College | M |
| G12a | Brig-Gen Tun Tun Oo | Director of Public Relations and Psychological Warfare | M |
| G13a | Maj-Gen Thein Tun | Director of Signals; member of National Convention Convening Management Committee | M |
| G14a | Maj-Gen Than Htay | Director of Supply & Transport | M |
| G14b | Nwe Nwe Win | Wife of Maj-Gen Than Htay | F |
| G15a | Maj-Gen Khin Maung Tint | Director of Security Printing Works | M |
| G16a | Maj-Gen Sein Lin | Director, MOD (Precise job not known. Formerly Director Ordnance) | M |
| G17a | Maj-Gen Kyi Win | Director of Artillery & Armour, Board member UMEHL | M |
| G17b | Khin Mya Mon | Wife of Maj-Gen Kyi Win | F |
| G18a | Maj-Gen Tin Tun | Director Military Engineers | M |
| G18b | Khin Myint Wai | Wife of Maj-Gen Tin Tun | F |
| G19a | Maj-Gen Aung Thein | Director Resettlement | M |
| G19b | Htwe Yi aka Htwe Htwe Yi | Wife of Maj-Gen Aung Thein | F |
| G20a | Brig-Gen Zaw Win | Deputy Chief of Armed Forces Training | M |
| G21a | Brig-Gen Than Maung | Deputy Commandant of National Defence College | M |
| G22a | Brig-Gen Win Myint | Rector Defence Services Technological Academy | M |
| G23a | Brig-Gen Yar Pyae | Rector; Defence Services Medical Academy | M |
| G24a | Brig-Gen Than Sein | Commandant, Defence Services Hospital, Mingaladon, d.o.b. 1.2.1946, p.o.b. Bago | M |
| G24b | Rosy Mya Than | Wife of Brig-Gen Than Sein | F |
| G25a | Brig-Gen Win Than | Director of Procurement and Managing Director Union of Myanmar Economic Holdings (prev. Maj-Gen Win Hlaing, K1a) | M |
| G26a | Brig-Gen Than Maung | Director of Peoples' Militia & Frontier Forces | M |
| G27a | Maj-Gen Khin Maung Win | Director Defence Industries | M |
| G28a | Brig-Gen Kyaw Swa Khine | Director Defence Industries | M |
| G29a | Brig-Gen Win Aung | Member of Civil Service Selection and Training Board | M |
| G30a | Brig-Gen Soe Oo | Member of Civil Service Selection and Training Board | M |
| G31a | Brig-Gen Nyi Tun aka Nyi Htun | Member of Civil Service Selection and Training Board | M |
| G32a | Brig-Gen Kyaw Aung | Member of Civil Service Selection and Training Board | M |
| G33a | Maj-Gen Myint Hlaing | Chief of Staff (Air Defence) | M |
| G33b | Khin Thant Sin | Wife of Maj-Gen Myint Hlaing | F |
| G33c | Hnin Nandar Hlaing | Daughter of Maj-Gen Myint Hlaing | F |
| G33d | Thant Sin Hlaing | Son of Maj-Gen Myint Hlaing | M |
| G34a | Maj-Gen Mya Win | Director, Ministry of Defence | M |
| G35a | Maj-Gen Tin Soe | Director, Ministry of Defence | M |
| G36a | Maj-Gen Than Aung | Director, Ministry of Defence | M |
| G37a | Maj-Gen Ngwe Thein | Ministry of Defence | M |
| G78a | Col Thant Shin | Secretary, Government of the Union of Burma | M |
| G86a | Maj-Gen Thura Myint Aung | Adjutant General (formerly B8a, promoted from South Western Regional Command) | M |
| G87a | Lt-Gen Maung Bo | Chief of Inspector General (formerly A12a) | M |
| G87b | Khin Lay Myint | Wife of Lt-Gen Maung Bo (formerly A12b) | F |
| G87c | Kyaw Swa Myint | Son of Lt-Gen Maung Bo, Businessman (formerly A12c) | M |
| G88a | Maj-Gen Khin Zaw | Chief of Bureau of Special Operations 6 (Naypidaw, Mandalay) Promoted from Central Command | M |
| G88b | Khin Pyone Win | Wife of Maj-Gen Khin Zaw | F |
| G88c | Kyi Tha Khin Zaw | Son of Maj-Gen Khin Zaw | M |
| G88d | Su Khin Zaw | Daughter of Maj-Gen Khin Zaw | F |
| G89a | Maj-Gen Tha Aye | Ministry of Defence | M |
| G90a | Colonel Myat Thu | Commander Rangoon Military Region 1 (northern Rangoon) | M |
| G91a | Colonel Nay Myo | Commander Military Region 2 (Eastern Rangoon) | M |
| G92a | Colonel Tin Hsan | Commander Military Region 3 (Western Rangoon) | M |
| G93a | Colonel Khin Maung Htun | Commander Military Region 4 (Southern Rangoon) | M |
| G94a | Colonel Tint Wai | Commander Operation Control Command No. 4 (Mawbi) | M |
| G95a | San Nyunt | Commander Military Support Unit No. 2 of Military Security Affairs | M |
| G96a | Lt. Col Zaw Win | Commander Lon Htein Battalion Base 3 Shwemyayar | M |
| G97a | Major Mya Thaung | Commander Lon Htein Battalion Base 5 Mawbi | M |
| G98a | Major Aung San Win | Commander Lon Htein Battalion Base 7 Thanlin Township | M |
| Navy |
| G38a | Vice-Admiral Soe Thein | Commander-in-Chief (Navy) | M |
| G38b | Khin Aye Kyin | Wife of Vice Admiral Soe Thein | F |
| G38c | Yimon Aye | Daughter of Vice Admiral Soe Thein, d.o.b. 12.7.1980 | F |
| G38d | Aye Chan | Son of Vice Admiral Soe Thein, d.o.b. 23.9.1973 | M |
| G38e | Thida Aye | Daughter of Vice Admiral Soe Thein, d.o.b. 23.3.1979 | F |
| G39a | Commodore Nyan Tun | Chief of Staff (Navy), Board member UMEHL | M |
| G39b | Khin Aye Myint | Wife of Nyan Tun | F |
| G40a | Commodore Win Shein | Commander, Naval Training Headquarters | M |
| G99a | Commodore Brig-Gen Thura Thet Swe | Commander Taninthayi Naval Region Command | M |
| Air Force |
| G41a | Lt-Gen Myat Hein | Commander-in-Chief (Air) | M |
| G41b | Htwe Htwe Nyunt | Wife of Lt-Gen Myat Hein | F |
| G42a | Brig-Gen Ye Chit Pe | Staff of Commander in Chief Air, Mingaladon | M |
| G43a | Brig-Gen Khin Maung Tin | Commandant of Shande Air Training School, Meiktila | M |
| G44a | Brig-Gen Zin Yaw | Chief of Staff (Air), Member of UMEHL Board | M |
| G44b | Khin Thiri | Wife of Brig-Gen Zin Yaw | F |
| Light Infantry Divisions (LID) |
| G45a | Brig-Gen Hla Min | 11 LID | M |
| G46a | Brig-Gen Tun Nay Lin | 22 LID | M |
| G47a | Brig-Gen Tin Tun Aung | 33 LID, Sagaing | M |
| G48a | Brig-Gen Hla Myint Shwe | 44 LID | M |
| G49a | Brig-Gen Win Myint | 77 LID, Bago | M |
| G50a | Brig-Gen Tin Oo Lwin | 99 LID, Meiktila | M |
| G79a | Brig-Gen Muang Maung Aye | Commander, brigade 66 | M |
| G79b | San San Yee | Wife of Brig-Gen Maung Maung Aye | F |
| G80a | Col Than Han | LID 66 | M |
| G81a | Lt-Col Htwe Hla | LID 66 | M |
| G82a | Lt-Col Han Nyunt | LID 66 | M |
| G83a | Col Ohn Myint | LID 77 | M |
| G84a | Lt-Col Aung Kyaw Zaw | LID 77 | M |
| G85a | Major Hla Phyo | LID 77 | M |
| G100a | Colonel Myat Thu | Tactical Commander 11th LID | M |
| G101a | Colonel Htein Lin | Tactical Commander 11th LID | M |
| G102a | Lt. Col. Tun Hla Aung | Tactical Commander 11th LID | M |
| G103a | Col. Aung Tun | Brigade 66 | M |
| G104a | Capt. Thein Han | Brigade 66 | M |
| G104b | Hnin Wutyi Aung | Wife of Capt. Thein Han | F |
| G105a | Lt. Col Mya Win | Tactical Commander 77th LID | M |
| G106a | Colonel Win Te | Tactical Commander 77th LID | M |
| G107a | Colonel Soe Htway | Tactical Commander 77th LID | M |
| G108a | Lt. Col. Tun Aye | Commander 702nd Light Infantry Battalion | M |
| G109a | Nyan Myint Kyaw | Commander Infantry Battalion 281 (Mongyang Shan State East) | M |
| Other Brigadier-Generals |
| G51a | Brig-Gen Htein Win | Taikkyi Station | M |
| G52a | Brig-Gen Khin Maung Aye | Meiktila Station Commander | M |
| G53a | Brig-Gen Kyaw Oo Lwin | Kalay Station Commander | M |
| G54a | Brig-Gen Khin Zaw Win | Khamaukgyi Station | M |
| G55a | Brig-Gen Kyaw Aung, | Southern MR, Toungoo Station Commander | M |
| G56a | Brig-Gen Thet Oo | Commander of Military Operations Command - 16 | M |
| G57a | Brig-Gen Myint Hein | Military Operations Command -3, Mogaung Station, | M |
| G58a | Brig-Gen Tin Ngwe | Ministry of Defence | M |
| G59a | Brig-Gen Myo Lwin | Military Operations Command -7, Pekon Station | M |
| G60a | Brig-Gen Myint Soe | Military Operations Command -5, Taungup Station | M |
| G61a | Brig-Gen Myint Aye | Military Operations Command -9, Kyauktaw Station | M |
| G62a | Brig-Gen Nyunt Hlaing | Military Operations Command -17, Mong Pan Station | M |
| G63a | Brig-Gen Ohn Myint | Mon State USDA CEC member | M |
| G64a | Brig-Gen Soe Nwe | Military Operations Command -21 Bhamo Station | M |
| G65a | Brig-Gen Than Tun | Kyaukpadaung Station Commander | M |
| G66a | Brig-Gen Than Tun Aung | Regional Operations Command-Sittwe | M |
| G67a | Brig-Gen Thaung Htaik | Aungban Station Commander | M |
| G68a | Brig-Gen Thein Hteik | Military Operations Command -13, Bokpyin Station | M |
| G69a | Brig-Gen Thura Myint Thein | Namhsan Tactical Operations Command | M |
| G70a | Brig-Gen Win Aung | Mong Hsat Station Commander | M |
| G71a | Brig-Gen Myo Tint | Officer on Special Duty Ministry of Transport | M |
| G72a | Brig-Gen Thura Sein Thaung | Officer on Special Duty Ministry for Social Welfare | M |
| G73a | Brig-Gen Phone Zaw Han | Mayor of Mandalay since Feb 2005, formerly commander of Kyaukme | M |
| G73b | Moe Thidar | Wife of Brig-Gen Phone Zaw Han | F |
| G74a | Brig-Gen Win Myint | Pyinmana Station Commander | M |
| G75a | Brig-Gen Kyaw Swe | Pyin Oo Lwin Station Commander | M |
| G76a | Brig-Gen Soe Win | Bahtoo Station Commander | M |
| G77a | Brig-Gen Thein Htay | Ministry of Defence | M |
| G110a | Brig-Gen Myint Soe | Rangoon Station Commander | M |
| G111a | Brig-Gen Myo Myint Thein | Commandant, Defence Services Hospital Pyin Oo Lwin | M |
| G112a | Brig-Gen Sein Myint | Vice Chairman of Bago Division Peace and Development Council | M |
| G113a | Brig-Gen Hong Ngai (Ngaing) | Chairman of Chin State Peace and Development Council | M |

Name

Identifying information (inc. function)

Sex

(M/F)

G1a

Maj-Gen Hla Shwe

Deputy Adjutant General

M

G2a

Maj-Gen Soe Maung

Judge Advocate General

M

G2b

Nang Phyu Phyu Aye

Wife of Maj-Gen Soe Maung

F

G3a

Maj-Gen Thein Htaik aka Hteik

Inspector General

M

G4a

Maj-Gen Saw Hla

Provost Marshal

M

G4b

Cho Cho Maw

Wife of Maj-Gen Saw Hla

F

G5a

Maj-Gen Htin Aung Kyaw

Vice Quarter Master General

M

G5b

Khin Khin Maw

Wife of Maj-Gen Htin Aung Kyaw

F

G6a

Maj-Gen Lun Maung

Auditor General

M

G6b

May Mya Sein

Wife of Maj-Gen Lun Maung

F

G7a

Maj-Gen Nay Win

Military Assistant to the SPDC Chairman

M

G8a

Maj-Gen Hsan Hsint

Military Appointments General; d.o.b. 1951

M

G8b

Khin Ma Lay

Wife of Maj-Gen Hsan Hsint

F

G8c

Okkar San Sint

Son of Maj-Gen Hsan Hsint

M

G9a

Maj-Gen Hla Aung Thein

Camp Commandant, Rangoon

M

G9b

Amy Khaing

Wife of Hla Aung Thein

F

G10a

Maj-Gen Ye Myint

Chief of Military Affairs Security

M

G10b

Myat Ngwe

Wife of Maj-Gen Ye Myint

F

G11a

Brig-Gen Mya Win

Commandant, National Defence College

M

G12a

Brig-Gen Tun Tun Oo

Director of Public Relations and Psychological Warfare

M

G13a

Maj-Gen Thein Tun

Director of Signals; member of National Convention Convening Management Committee

M

G14a

Maj-Gen Than Htay

Director of Supply & Transport

M

G14b

Nwe Nwe Win

Wife of Maj-Gen Than Htay

F

G15a

Maj-Gen Khin Maung Tint

Director of Security Printing Works

M

G16a

Maj-Gen Sein Lin

Director, MOD (Precise job not known. Formerly Director Ordnance)

M

G17a

Maj-Gen Kyi Win

Director of Artillery & Armour, Board member UMEHL

M

G17b

Khin Mya Mon

Wife of Maj-Gen Kyi Win

F

G18a

Maj-Gen Tin Tun

Director Military Engineers

M

G18b

Khin Myint Wai

Wife of Maj-Gen Tin Tun

F

G19a

Maj-Gen Aung Thein

Director Resettlement

M

G19b

Htwe Yi aka Htwe Htwe Yi

Wife of Maj-Gen Aung Thein

F

G20a

Brig-Gen Zaw Win

Deputy Chief of Armed Forces Training

M

G21a

Brig-Gen Than Maung

Deputy Commandant of National Defence College

M

G22a

Brig-Gen Win Myint

Rector Defence Services Technological Academy

M

G23a

Brig-Gen Yar Pyae

Rector; Defence Services Medical Academy

M

G24a

Brig-Gen Than Sein

Commandant, Defence Services Hospital, Mingaladon, d.o.b. 1.2.1946, p.o.b. Bago

M

G24b

Rosy Mya Than

Wife of Brig-Gen Than Sein

F

G25a

Brig-Gen Win Than

Director of Procurement and Managing Director Union of Myanmar Economic Holdings (prev. Maj-Gen Win Hlaing, K1a)

M

G26a

Brig-Gen Than Maung

Director of Peoples' Militia & Frontier Forces

M

G27a

Maj-Gen Khin Maung Win

Director Defence Industries

M

G28a

Brig-Gen Kyaw Swa Khine

Director Defence Industries

M

G29a

Brig-Gen Win Aung

Member of Civil Service Selection and Training Board

M

G30a

Brig-Gen Soe Oo

Member of Civil Service Selection and Training Board

M

G31a

Brig-Gen Nyi Tun aka Nyi Htun

Member of Civil Service Selection and Training Board

M

G32a

Brig-Gen Kyaw Aung

Member of Civil Service Selection and Training Board

M

G33a

Maj-Gen Myint Hlaing

Chief of Staff (Air Defence)

M

G33b

Khin Thant Sin

Wife of Maj-Gen Myint Hlaing

F

G33c

Hnin Nandar Hlaing

Daughter of Maj-Gen Myint Hlaing

F

G33d

Thant Sin Hlaing

Son of Maj-Gen Myint Hlaing

M

G34a

Maj-Gen Mya Win

Director, Ministry of Defence

M

G35a

Maj-Gen Tin Soe

Director, Ministry of Defence

M

G36a

Maj-Gen Than Aung

Director, Ministry of Defence

M

G37a

Maj-Gen Ngwe Thein

Ministry of Defence

M

G78a

Col Thant Shin

Secretary, Government of the Union of Burma

M

G86a

Maj-Gen Thura Myint Aung

Adjutant General (formerly B8a, promoted from South Western Regional Command)

M

G87a

Lt-Gen Maung Bo

Chief of Inspector General (formerly A12a)

M

G87b

Khin Lay Myint

Wife of Lt-Gen Maung Bo (formerly A12b)

F

G87c

Kyaw Swa Myint

Son of Lt-Gen Maung Bo, Businessman (formerly A12c)

M

G88a

Maj-Gen Khin Zaw

Chief of Bureau of Special Operations 6 (Naypidaw, Mandalay) Promoted from Central Command

M

G88b

Khin Pyone Win

Wife of Maj-Gen Khin Zaw

F

G88c

Kyi Tha Khin Zaw

Son of Maj-Gen Khin Zaw

M

G88d

Su Khin Zaw

Daughter of Maj-Gen Khin Zaw

F

G89a

Maj-Gen Tha Aye

Ministry of Defence

M

G90a

Colonel Myat Thu

Commander Rangoon Military Region 1 (northern Rangoon)

M

G91a

Colonel Nay Myo

Commander Military Region 2 (Eastern Rangoon)

M

G92a

Colonel Tin Hsan

Commander Military Region 3 (Western Rangoon)

M

G93a

Colonel Khin Maung Htun

Commander Military Region 4 (Southern Rangoon)

M

G94a

Colonel Tint Wai

Commander Operation Control Command No. 4 (Mawbi)

M

G95a

San Nyunt

Commander Military Support Unit No. 2 of Military Security Affairs

M

G96a

Lt. Col Zaw Win

Commander Lon Htein Battalion Base 3 Shwemyayar

M

G97a

Major Mya Thaung

Commander Lon Htein Battalion Base 5 Mawbi

M

G98a

Major Aung San Win

Commander Lon Htein Battalion Base 7 Thanlin Township

M

Navy

G38a

Vice-Admiral Soe Thein

Commander-in-Chief (Navy)

M

G38b

Khin Aye Kyin

Wife of Vice Admiral Soe Thein

F

G38c

Yimon Aye

Daughter of Vice Admiral Soe Thein, d.o.b. 12.7.1980

F

G38d

Aye Chan

Son of Vice Admiral Soe Thein, d.o.b. 23.9.1973

M

G38e

Thida Aye

Daughter of Vice Admiral Soe Thein, d.o.b. 23.3.1979

F

G39a

Commodore Nyan Tun

Chief of Staff (Navy), Board member UMEHL

M

G39b

Khin Aye Myint

Wife of Nyan Tun

F

G40a

Commodore Win Shein

Commander, Naval Training Headquarters

M

G99a

Commodore Brig-Gen Thura Thet Swe

Commander Taninthayi Naval Region Command

M

Air Force

G41a

Lt-Gen Myat Hein

Commander-in-Chief (Air)

M

G41b

Htwe Htwe Nyunt

Wife of Lt-Gen Myat Hein

F

G42a

Brig-Gen Ye Chit Pe

Staff of Commander in Chief Air, Mingaladon

M

G43a

Brig-Gen Khin Maung Tin

Commandant of Shande Air Training School, Meiktila

M

G44a

Brig-Gen Zin Yaw

Chief of Staff (Air), Member of UMEHL Board

M

G44b

Khin Thiri

Wife of Brig-Gen Zin Yaw

F

Light Infantry Divisions (LID)

G45a

Brig-Gen Hla Min

11 LID

M

G46a

Brig-Gen Tun Nay Lin

22 LID

M

G47a

Brig-Gen Tin Tun Aung

33 LID, Sagaing

M

G48a

Brig-Gen Hla Myint Shwe

44 LID

M

G49a

Brig-Gen Win Myint

77 LID, Bago

M

G50a

Brig-Gen Tin Oo Lwin

99 LID, Meiktila

M

G79a

Brig-Gen Muang Maung Aye

Commander, brigade 66

M

G79b

San San Yee

Wife of Brig-Gen Maung Maung Aye

F

G80a

Col Than Han

LID 66

M

G81a

Lt-Col Htwe Hla

LID 66

M

G82a

Lt-Col Han Nyunt

LID 66

M

G83a

Col Ohn Myint

LID 77

M

G84a

Lt-Col Aung Kyaw Zaw

LID 77

M

G85a

Major Hla Phyo

LID 77

M

G100a

Colonel Myat Thu

Tactical Commander 11th LID

M

G101a

Colonel Htein Lin

Tactical Commander 11th LID

M

G102a

Lt. Col. Tun Hla Aung

Tactical Commander 11th LID

M

G103a

Col. Aung Tun

Brigade 66

M

G104a

Capt. Thein Han

Brigade 66

M

G104b

Hnin Wutyi Aung

Wife of Capt. Thein Han

F

G105a

Lt. Col Mya Win

Tactical Commander 77th LID

M

G106a

Colonel Win Te

Tactical Commander 77th LID

M

G107a

Colonel Soe Htway

Tactical Commander 77th LID

M

G108a

Lt. Col. Tun Aye

Commander 702nd Light Infantry Battalion

M

G109a

Nyan Myint Kyaw

Commander Infantry Battalion 281 (Mongyang Shan State East)

M

Other Brigadier-Generals

G51a

Brig-Gen Htein Win

Taikkyi Station

M

G52a

Brig-Gen Khin Maung Aye

Meiktila Station Commander

M

G53a

Brig-Gen Kyaw Oo Lwin

Kalay Station Commander

M

G54a

Brig-Gen Khin Zaw Win

Khamaukgyi Station

M

G55a

Brig-Gen Kyaw Aung,

Southern MR, Toungoo Station Commander

M

G56a

Brig-Gen Thet Oo

Commander of Military Operations Command - 16

M

G57a

Brig-Gen Myint Hein

Military Operations Command -3, Mogaung Station,

M

G58a

Brig-Gen Tin Ngwe

Ministry of Defence

M

G59a

Brig-Gen Myo Lwin

Military Operations Command -7, Pekon Station

M

G60a

Brig-Gen Myint Soe

Military Operations Command -5, Taungup Station

M

G61a

Brig-Gen Myint Aye

Military Operations Command -9, Kyauktaw Station

M

G62a

Brig-Gen Nyunt Hlaing

Military Operations Command -17, Mong Pan Station

M

G63a

Brig-Gen Ohn Myint

Mon State USDA CEC member

M

G64a

Brig-Gen Soe Nwe

Military Operations Command -21 Bhamo Station

M

G65a

Brig-Gen Than Tun

Kyaukpadaung Station Commander

M

G66a

Brig-Gen Than Tun Aung

Regional Operations Command-Sittwe

M

G67a

Brig-Gen Thaung Htaik

Aungban Station Commander

M

G68a

Brig-Gen Thein Hteik

Military Operations Command -13, Bokpyin Station

M

G69a

Brig-Gen Thura Myint Thein

Namhsan Tactical Operations Command

M

G70a

Brig-Gen Win Aung

Mong Hsat Station Commander

M

G71a

Brig-Gen Myo Tint

Officer on Special Duty Ministry of Transport

M

G72a

Brig-Gen Thura Sein Thaung

Officer on Special Duty Ministry for Social Welfare

M

G73a

Brig-Gen Phone Zaw Han

Mayor of Mandalay since Feb 2005, formerly commander of Kyaukme

M

G73b

Moe Thidar

Wife of Brig-Gen Phone Zaw Han

F

G74a

Brig-Gen Win Myint

Pyinmana Station Commander

M

G75a

Brig-Gen Kyaw Swe

Pyin Oo Lwin Station Commander

M

G76a

Brig-Gen Soe Win

Bahtoo Station Commander

M

G77a

Brig-Gen Thein Htay

Ministry of Defence

M

G110a

Brig-Gen Myint Soe

Rangoon Station Commander

M

G111a

Brig-Gen Myo Myint Thein

Commandant, Defence Services Hospital Pyin Oo Lwin

M

G112a

Brig-Gen Sein Myint

Vice Chairman of Bago Division Peace and Development Council

M

G113a

Brig-Gen Hong Ngai (Ngaing)

Chairman of Chin State Peace and Development Council

M

H.   MILITARY OFFICERS RUNNING PRISONS AND POLICE

| | Name | Identifying information (inc. function) | Sex
  (M/F) |
| --- | --- | --- | --- |
| H1a | Maj-Gen Khin Yi | DG Myanmar Police Force | M |
| H1b | Khin May Soe | Wife of Maj-Gen Khin Yi | F |
| H2a | Zaw Win | Director General of the Prisons Dept. (Ministry of Home Affairs) since August 2004, previously Deputy DG Myanmar Police Force, and former Brig-Gen. Former military. | M |
| H2b | Nwe Ni San | Wife of Zaw Win | F |
| H3a | Aung Saw Win | Director General, Bureau of Special Investigation | M |
| H4a | Police Brig-Gen Khin Maung Si | Chief of Police Headquarters | M |
| H5a | Lt-Col Tin Thaw | Commander of Government Technical Institute | M |
| H6a | Maung Maung Oo | Head of Military Security Affairs interrogation team at Insein Prison | M |
| H7a | Myo Aung | Director of Rangoon Detention Facilities | M |
| H8a | Police Brig-Gen Zaw Win | Deputy Director of Police | M |

Name

Identifying information (inc. function)

Sex

(M/F)

H1a

Maj-Gen Khin Yi

DG Myanmar Police Force

M

H1b

Khin May Soe

Wife of Maj-Gen Khin Yi

F

H2a

Zaw Win

Director General of the Prisons Dept. (Ministry of Home Affairs) since August 2004, previously Deputy DG Myanmar Police Force, and former Brig-Gen. Former military.

M

H2b

Nwe Ni San

Wife of Zaw Win

F

H3a

Aung Saw Win

Director General, Bureau of Special Investigation

M

H4a

Police Brig-Gen Khin Maung Si

Chief of Police Headquarters

M

H5a

Lt-Col Tin Thaw

Commander of Government Technical Institute

M

H6a

Maung Maung Oo

Head of Military Security Affairs interrogation team at Insein Prison

M

H7a

Myo Aung

Director of Rangoon Detention Facilities

M

H8a

Police Brig-Gen Zaw Win

Deputy Director of Police

M

I.   UNION SOLIDARITY AND DEVELOPMENT ASSOCIATION (USDA)

(senior USDA office-holders who have not been included elsewhere)

| | Name | Identifying information (inc. function) | Sex
  (M/F) |
| --- | --- | --- | --- |
| I1a | Brig-Gen Aung Thein Lin | Mayor & Chairman of the Yangon City Development Committee (Secretary), d.o.b. 1952 | M |
| I1b | Khin San Nwe | Wife of Brig-Gen Aung Thein Lin | F |
| I1c | Thidar Myo | Daughter of Brig-Gen Aung Thein Lin | F |
| I2a | Col Maung Par | Vice Mayor of Yangon City Development I (Member of the Central Eexecutive I) | M |
| I2b | Khin Nyunt Myaing | Wife of Col Maung Par | F |
| I2c | Naing Win Par | Son of Col Maung Par | M |
| I3a | Nyan Tun Aung | Member of the Central Executive Committee | M |
| I4a | Aye Myint | Member of Rangoon Executive Committee | M |
| I5a | Tin Hlaing | Member of Rangoon Executive Committee | M |
| I6a | Soe Nyunt | Staff Officer Yangon East | M |
| I7a | Chit Ko Ko | Chairman of the Peace and Development Council in Mingala Taungnyunt Township | M |
| I8a | Soe Hlaing Oo | Secretary of the Peace and Development Council in Mingala Taungnyunt Township | M |
| I9a | Captain Kan Win | Head of Mingala Taungnyunt Township Police Force | M |
| I10a | That Zin Thein | Head of Mingala Taungnyunt Development Affairs Committee | M |
| I11a | Khin Maung Myint | Head of Mingala Taungnyunt Immigration and Population Dept | M |
| I12a | Zaw Lin | Secretary Mingala Taungnyunt Township USDA | M |
| I13a | Win Hlaing | Joint Secretary Mingala Taungnyunt Township USDA | M |
| I14a | San San Kyaw | Staff Officer of the Information and Public Relations Department of the Ministry of Information in Mingala Taungnyunt Township | F |
| I15a | Lt-Gen Myint Hlaing | Ministry of Defence and USDA Member | M |

Name

Identifying information (inc. function)

Sex

(M/F)

I1a

Brig-Gen Aung Thein Lin

Mayor & Chairman of the Yangon City Development Committee (Secretary), d.o.b. 1952

M

I1b

Khin San Nwe

Wife of Brig-Gen Aung Thein Lin

F

I1c

Thidar Myo

Daughter of Brig-Gen Aung Thein Lin

F

I2a

Col Maung Par

Vice Mayor of Yangon City Development I (Member of the Central Eexecutive I)

M

I2b

Khin Nyunt Myaing

Wife of Col Maung Par

F

I2c

Naing Win Par

Son of Col Maung Par

M

I3a

Nyan Tun Aung

Member of the Central Executive Committee

M

I4a

Aye Myint

Member of Rangoon Executive Committee

M

I5a

Tin Hlaing

Member of Rangoon Executive Committee

M

I6a

Soe Nyunt

Staff Officer Yangon East

M

I7a

Chit Ko Ko

Chairman of the Peace and Development Council in Mingala Taungnyunt Township

M

I8a

Soe Hlaing Oo

Secretary of the Peace and Development Council in Mingala Taungnyunt Township

M

I9a

Captain Kan Win

Head of Mingala Taungnyunt Township Police Force

M

I10a

That Zin Thein

Head of Mingala Taungnyunt Development Affairs Committee

M

I11a

Khin Maung Myint

Head of Mingala Taungnyunt Immigration and Population Dept

M

I12a

Zaw Lin

Secretary Mingala Taungnyunt Township USDA

M

I13a

Win Hlaing

Joint Secretary Mingala Taungnyunt Township USDA

M

I14a

San San Kyaw

Staff Officer of the Information and Public Relations Department of the Ministry of Information in Mingala Taungnyunt Township

F

I15a

Lt-Gen Myint Hlaing

Ministry of Defence and USDA Member

M

J.   PERSONS WHO BENEFIT FROM GOVERNMENT ECONOMIC POLICIES AND OTHER PERSONS ASSOCIATED WITH THE REGIME

| | Name | Identifying information (inc. company) | Sex
  (M/F) |
| --- | --- | --- | --- |
| J1a | Tay Za | Managing Director, Htoo Trading Co; Htoo Construction Co., d.o.b 18.7.1964; ID card MYGN 006415. Father: U Myint Swe (6.11.1924) Mother: Daw Ohn (12.8.1934) | M |
| J1b | Thidar Zaw | Wife of Tay Za; d.o.b. 24.2.1964, ID card KMYT 006865. Parents: Zaw Nyunt (deceased), Htoo (deceased) | F |
| J1c | Pye Phyo Tay Za | Son of Tay Za , d.o.b. 29.1.1987 | M |
| J1e | Ohn | Mother of Tay Za, d.o.b. 12.8.1934 | F |
| J2a | Thiha | Brother of Tay Za (J1a), d.o.b. 24.6.1960. Director Htoo Trading. Distributor of London cigarettes (Myawaddy Trading) | M |
| J2b | Shwe Shwe Lin | Wife of Thiha | F |
| J3a | Aung Ko Win a.k.a. Saya Kyaung | Kanbawza Bank also Myanmar Billion Group, Nilayoma Co. Ltd, East Yoma Co. Ltd and agent for London Cigarettes in Shan and Kayah States | M |
| J3b | Nan Than Htwe | Wife of Aung Ko Win | F |
| J3c | Nang Lang Kham | Daughter of Aung Ko Win , d.o.b. 1.6.1988 | F |
| J4a | Tun Myint Naing aka. Steven Law | Asia World Co. | M |
| J4b | (Ng) Seng Hong, called Cecilia Ng | Wife of Tun Myint Naing | F |
| J4c | Lo Hsing-han | Father of Tun Myint Naing aka Steven Law of Asia World | M |
| J5a | Khin Shwe | Zaykabar Co; d.o.b. 21.1.1952. See also A3f | M |
| J5b | San San Kywe | Wife of Khin Shwe | F |
| J5c | Zay Thiha | Son of Khin Shwe, d.o.b. 1.1.1977 | M |
| J6a | Htay Myint | Yuzana Co., d.o.b. 6.2.1955, also Yuzana Supermarket, Yuzana Hotel | M |
| J6b | Aye Aye Maw | Wife of Htay Myint, d.o.b. 17.11.1957 | F |
| J6c | Win Myint | Brother of Htay Myint, d.o.b. 29.5.1952 | M |
| J6d | Lay Myint | Brother of Htay Myint, d.o.b. 6.2.1955 | M |
| J6e | Kyin Toe | Brother of Htay Myint, d.o.b. 29.4.1957 | M |
| J6f | Zar Chi Htay | Daughter of Htay Myint | F |
| J6g | Khin Htay Lin | Director, Yuzana Co., d.o.b. 14.4.1969 | M |
| J7a | Kyaw Win | Shwe Thanlwin Trading Co. (sole distributors of Thaton Tires under Ministry of Industry 2) | M |
| J7b | Nan Mauk Loung Sai aka. Nang Mauk Lao Hsai | Wife of Kyaw Win | F |
| J10a | Maj-Gen (Retired) Nyunt Tin | Former Minister of Agriculture & Irrigation, retired September 2004 | M |
| J10b | Khin Myo Oo | Wife of Maj-Gen (Retired) Nyunt Tin | F |
| J10c | Kyaw Myo Nyunt | Son of Maj-Gen (Retired) Nyunt Tin | M |
| J10d | Thu Thu Ei Han | Daughter of Maj-Gen (Retired) Nyunt Tin | F |
| J11a | Than Than Nwe | Wife of Gen Soe Win, former Prime Minister (deceased) | F |
| J11b | Nay Soe | Son of Gen Soe Win, former Prime Minister (deceased) | M |
| J11c | Theint Theint Soe | Daughter of Gen Soe Win, former Prime Minister (deceased) | F |
| J11d | Sabai Myaing | Wife of Nay Soe | F |
| J11e | Htin Htut | Husband of Theint Theint Soe | M |
| J12a | Maung Maung Myint | Managing Director of Myangon Myint Co. Ltd | M |
| J13a | Maung Ko | Manager, Htarwara mining company | M |
| J14a | Zaw Zaw | Managing Director of Max Myanmar | M |
| J14b | Htay Htay Khine | Wife of Zaw Zaw | F |
| J15a | Chit Khaing aka Chit Khine | Eden group of companies | M |
| J16a | Maung Weik | Maung Weik & Co Ltd | M |
| J17a | Aung Htwe | Managing Director, Golden Flower Company | M |
| J18a | Kyaw Thein | Financial Front Man for Tay Za’s Htoo Trading, d.o.b. 25.10.1947 | M |
| J19a | Kyaw Myint | Owner, Golden Flower Company | M |
| J20a | Nay Win Tun | CEO Ruby Dragon Jade and Gems Co. Ltd | M |
| J21a | Win Myint | President of the Union of Myanmar Federation of Chambers of Commerce and Industry and owner of Shwe Nagar Min Co | M |
| J22a | Eike Htun aka Ayke Htun | Managing Director of Olympic Construction Co. and Asia Wealth Bank | M |
| J23a | “Dagon” Win Aung | Dagon International Co. Ltd, d.o.b. 30.9.1953, p. o.b Pyay, ID Card No: PRE 127435 | M |
| J23b | Moe Mya Mya | Wife of “Dagon” Win Aung, d.ob. 28.8.1958, ID Card: B/RGN 021998 | F |
| J23c | Ei Hnin Pwint aka Christabelle Aung | Daughter of “Dagon” Win Aung, d.o.b. 22.2.1981, Director of Palm Beach Resort Ngwe Saung | F |
| J23d | Thurane (Thurein) Aung aka Christopher Aung | Son of “Dagon” Win Aung, d.o.b 23.7.1982 | M |
| J23e | Ei Hnin Khine aka Christina Aung | Daughter of “Dagon” Win Aung, d.o.b 18.12.1983 | F |
| J24a | Aung Myat | Mother Trading | M |
| J25a | Win Lwin | Kyaw Tha Company | M |
| J26a | Dr. Sai Sam Tun | Loi Hein Co. working in collaboration with Ministry of Industry No. 1 | M |
| J27a | San San Yee (Yi) | Super One Group of Companies | F |
| J28a | Aung Toe | Chief Justice | M |
| J29a | Aye Maung | Attorney General | M |
| J30a | Thaung Nyunt | Legal Adviser | M |
| J31a | Dr Tun Shin | Deputy Attorney General | M |
| J32a | Tun Tun Oo | Deputy Attorney General | M |
| J33a | Tun Tun Oo | Deputy Chief Justice | M |
| J34a | Thein Soe | Deputy Chief Justice | M |
| J35a | Tin Aung Aye | Supreme Court Judge | M |
| J36a | Tin Aye | Supreme Court Judge | M |
| J37a | Myint Thein | Supreme Court Judge | M |
| J38a | Chit Lwin | Supreme Court Judge | M |
| J39a | Judge Thaung Lwin | Kyauktada Township Court | M |

Name

Identifying information (inc. company)

Sex

(M/F)

J1a

Tay Za

Managing Director, Htoo Trading Co; Htoo Construction Co., d.o.b 18.7.1964; ID card MYGN 006415. Father: U Myint Swe (6.11.1924) Mother: Daw Ohn (12.8.1934)

M

J1b

Thidar Zaw

Wife of Tay Za; d.o.b. 24.2.1964, ID card KMYT 006865. Parents: Zaw Nyunt (deceased), Htoo (deceased)

F

J1c

Pye Phyo Tay Za

Son of Tay Za , d.o.b. 29.1.1987

M

J1e

Ohn

Mother of Tay Za, d.o.b. 12.8.1934

F

J2a

Thiha

Brother of Tay Za (J1a), d.o.b. 24.6.1960. Director Htoo Trading. Distributor of London cigarettes (Myawaddy Trading)

M

J2b

Shwe Shwe Lin

Wife of Thiha

F

J3a

Aung Ko Win a.k.a. Saya Kyaung

Kanbawza Bank also Myanmar Billion Group, Nilayoma Co. Ltd, East Yoma Co. Ltd and agent for London Cigarettes in Shan and Kayah States

M

J3b

Nan Than Htwe

Wife of Aung Ko Win

F

J3c

Nang Lang Kham

Daughter of Aung Ko Win , d.o.b. 1.6.1988

F

J4a

Tun Myint Naing aka. Steven Law

Asia World Co.

M

J4b

(Ng) Seng Hong, called Cecilia Ng

Wife of Tun Myint Naing

F

J4c

Lo Hsing-han

Father of Tun Myint Naing aka Steven Law of Asia World

M

J5a

Khin Shwe

Zaykabar Co; d.o.b. 21.1.1952. See also A3f

M

J5b

San San Kywe

Wife of Khin Shwe

F

J5c

Zay Thiha

Son of Khin Shwe, d.o.b. 1.1.1977

M

J6a

Htay Myint

Yuzana Co., d.o.b. 6.2.1955, also Yuzana Supermarket, Yuzana Hotel

M

J6b

Aye Aye Maw

Wife of Htay Myint, d.o.b. 17.11.1957

F

J6c

Win Myint

Brother of Htay Myint, d.o.b. 29.5.1952

M

J6d

Lay Myint

Brother of Htay Myint, d.o.b. 6.2.1955

M

J6e

Kyin Toe

Brother of Htay Myint, d.o.b. 29.4.1957

M

J6f

Zar Chi Htay

Daughter of Htay Myint

F

J6g

Khin Htay Lin

Director, Yuzana Co., d.o.b. 14.4.1969

M

J7a

Kyaw Win

Shwe Thanlwin Trading Co. (sole distributors of Thaton Tires under Ministry of Industry 2)

M

J7b

Nan Mauk Loung Sai aka. Nang Mauk Lao Hsai

Wife of Kyaw Win

F

J10a

Maj-Gen (Retired) Nyunt Tin

Former Minister of Agriculture & Irrigation, retired September 2004

M

J10b

Khin Myo Oo

Wife of Maj-Gen (Retired) Nyunt Tin

F

J10c

Kyaw Myo Nyunt

Son of Maj-Gen (Retired) Nyunt Tin

M

J10d

Thu Thu Ei Han

Daughter of Maj-Gen (Retired) Nyunt Tin

F

J11a

Than Than Nwe

Wife of Gen Soe Win, former Prime Minister (deceased)

F

J11b

Nay Soe

Son of Gen Soe Win, former Prime Minister (deceased)

M

J11c

Theint Theint Soe

Daughter of Gen Soe Win, former Prime Minister (deceased)

F

J11d

Sabai Myaing

Wife of Nay Soe

F

J11e

Htin Htut

Husband of Theint Theint Soe

M

J12a

Maung Maung Myint

Managing Director of Myangon Myint Co. Ltd

M

J13a

Maung Ko

Manager, Htarwara mining company

M

J14a

Zaw Zaw

Managing Director of Max Myanmar

M

J14b

Htay Htay Khine

Wife of Zaw Zaw

F

J15a

Chit Khaing aka Chit Khine

Eden group of companies

M

J16a

Maung Weik

Maung Weik & Co Ltd

M

J17a

Aung Htwe

Managing Director, Golden Flower Company

M

J18a

Kyaw Thein

Financial Front Man for Tay Za’s Htoo Trading, d.o.b. 25.10.1947

M

J19a

Kyaw Myint

Owner, Golden Flower Company

M

J20a

Nay Win Tun

CEO Ruby Dragon Jade and Gems Co. Ltd

M

J21a

Win Myint

President of the Union of Myanmar Federation of Chambers of Commerce and Industry and owner of Shwe Nagar Min Co

M

J22a

Eike Htun aka Ayke Htun

Managing Director of Olympic Construction Co. and Asia Wealth Bank

M

J23a

“Dagon” Win Aung

Dagon International Co. Ltd, d.o.b. 30.9.1953, p. o.b Pyay, ID Card No: PRE 127435

M

J23b

Moe Mya Mya

Wife of “Dagon” Win Aung, d.ob. 28.8.1958, ID Card: B/RGN 021998

F

J23c

Ei Hnin Pwint aka Christabelle Aung

Daughter of “Dagon” Win Aung, d.o.b. 22.2.1981, Director of Palm Beach Resort Ngwe Saung

F

J23d

Thurane (Thurein) Aung aka Christopher Aung

Son of “Dagon” Win Aung, d.o.b 23.7.1982

M

J23e

Ei Hnin Khine aka Christina Aung

Daughter of “Dagon” Win Aung, d.o.b 18.12.1983

F

J24a

Aung Myat

Mother Trading

M

J25a

Win Lwin

Kyaw Tha Company

M

J26a

Dr. Sai Sam Tun

Loi Hein Co. working in collaboration with Ministry of Industry No. 1

M

J27a

San San Yee (Yi)

Super One Group of Companies

F

J28a

Aung Toe

Chief Justice

M

J29a

Aye Maung

Attorney General

M

J30a

Thaung Nyunt

Legal Adviser

M

J31a

Dr Tun Shin

Deputy Attorney General

M

J32a

Tun Tun Oo

Deputy Attorney General

M

J33a

Tun Tun Oo

Deputy Chief Justice

M

J34a

Thein Soe

Deputy Chief Justice

M

J35a

Tin Aung Aye

Supreme Court Judge

M

J36a

Tin Aye

Supreme Court Judge

M

J37a

Myint Thein

Supreme Court Judge

M

J38a

Chit Lwin

Supreme Court Judge

M

J39a

Judge Thaung Lwin

Kyauktada Township Court

M

K.   MILITARY OWNED ENTERPRISES

| | Name | Identifying information (inc. company) | Sex
  (M/F) |
| --- | --- | --- | --- |
| K1a | Maj-Gen (Retired) Win Hlaing | Formerly Managing Director, Union of Myanmar Economic Holdings, Myawaddy Bank | M |
| K1b | Ma Ngeh | Daughter of Maj-Gen (Ret'd) Win Hlaing | F |
| K1c | Zaw Win Naing | Managing Director of Kambawza Bank. Husband of Ma Ngeh (K1b), and nephew of Aung Ko Win (J3a) | M |
| K1d | Win Htway Hlaing | Son of Maj-Gen (Retired) Win Hlaing, representative for KESCO company | M |
| K2a | Col Ye Htut | Myanmar Economic Corporation | M |
| K3a | Col Myint Aung | Managing Director at Myawaddy Trading Co. d.o.b. 11.8.1949 | M |
| K3b | Nu Nu Yee | Wife of Myint Aung, lab technician, d.o.b. 11.11.1954 | F |
| K3c | Thiha Aung | Son of Myint Aung, employed by Schlumberger, d.o.b. 11.6.1982, Passport No 795543 | M |
| K3d | Nay Linn Aung | Son of Myint Aung, seaman, d.o.b. 11.4.1981 | M |
| K4a | Col Myo Myint | Managing Director at Bandoola Transportation Co. | M |
| K5a | Col (Retired) Thant Zin | Managing Director at Myanmar Land and Development | M |
| K6a | Lt-Col (Retired) Maung Maung Aye | UMEHL | M |
| K7a | Col Aung San | Managing Director at Hsinmin Cement Plant Construction Project | M |
| K8a | Maj-Gen Mg Nyo | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K9a | Maj-Gen Kyaw Win | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K10a | Brig-Gen Khin Aung Myint | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K11a | Col Nyun Tun (marines) | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K12a | Col Thein Htay (Retired) | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K13a | Lt-Col Chit Swe (Retired) | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K14a | Myo Nyunt | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K15a | Myint Kyine | Board of Directors, Union of Myanmar economic holdings Ltd | M |
| K16a | Lt-Col Nay Wynn | Departmental Managing Director, Myawaddy trading | M |
| K17a | Than Nyein | Governor of Central Bank of Myanmar | M |
| K18a | Mya Than | Acting Managing Director of Myanmar Investment and Commercial Bank (MICB) | M |
| K19a | Myo Myint Aung | General Manager of MICB | M’ |

Name

Identifying information (inc. company)

Sex

(M/F)

K1a

Maj-Gen (Retired) Win Hlaing

Formerly Managing Director, Union of Myanmar Economic Holdings, Myawaddy Bank

M

K1b

Ma Ngeh

Daughter of Maj-Gen (Ret'd) Win Hlaing

F

K1c

Zaw Win Naing

Managing Director of Kambawza Bank. Husband of Ma Ngeh (K1b), and nephew of Aung Ko Win (J3a)

M

K1d

Win Htway Hlaing

Son of Maj-Gen (Retired) Win Hlaing, representative for KESCO company

M

K2a

Col Ye Htut

Myanmar Economic Corporation

M

K3a

Col Myint Aung

Managing Director at Myawaddy Trading Co. d.o.b. 11.8.1949

M

K3b

Nu Nu Yee

Wife of Myint Aung, lab technician, d.o.b. 11.11.1954

F

K3c

Thiha Aung

Son of Myint Aung, employed by Schlumberger, d.o.b. 11.6.1982, Passport No 795543

M

K3d

Nay Linn Aung

Son of Myint Aung, seaman, d.o.b. 11.4.1981

M

K4a

Col Myo Myint

Managing Director at Bandoola Transportation Co.

M

K5a

Col (Retired) Thant Zin

Managing Director at Myanmar Land and Development

M

K6a

Lt-Col (Retired) Maung Maung Aye

UMEHL

M

K7a

Col Aung San

Managing Director at Hsinmin Cement Plant Construction Project

M

K8a

Maj-Gen Mg Nyo

Board of Directors, Union of Myanmar economic holdings Ltd

M

K9a

Maj-Gen Kyaw Win

Board of Directors, Union of Myanmar economic holdings Ltd

M

K10a

Brig-Gen Khin Aung Myint

Board of Directors, Union of Myanmar economic holdings Ltd

M

K11a

Col Nyun Tun (marines)

Board of Directors, Union of Myanmar economic holdings Ltd

M

K12a

Col Thein Htay (Retired)

Board of Directors, Union of Myanmar economic holdings Ltd

M

K13a

Lt-Col Chit Swe (Retired)

Board of Directors, Union of Myanmar economic holdings Ltd

M

K14a

Myo Nyunt

Board of Directors, Union of Myanmar economic holdings Ltd

M

K15a

Myint Kyine

Board of Directors, Union of Myanmar economic holdings Ltd

M

K16a

Lt-Col Nay Wynn

Departmental Managing Director, Myawaddy trading

M

K17a

Than Nyein

Governor of Central Bank of Myanmar

M

K18a

Mya Than

Acting Managing Director of Myanmar Investment and Commercial Bank (MICB)

M

K19a

Myo Myint Aung

General Manager of MICB

M’

---

ANNEX II

‘ANNEX III

List of enterprises referred to in Articles 5 and 9

| Name | Address | Director/Owner/additional information | Date of listing |
| --- | --- | --- | --- |
| I.   UNION OF MYANMAR ECONOMIC HOLDING LTD. (UMEHL) |
| Union Of Myanmar Economic Holding Ltd | 189/191 Mahabandoola Road |
| Corner Of 50th Street Yangon |

Name

Address

Director/Owner/additional information

Date of listing

UNION OF MYANMAR ECONOMIC HOLDING LTD. (UMEHL)

Union Of Myanmar Economic Holding Ltd

189/191 Mahabandoola Road

Corner Of 50th Street Yangon

Maj-Gen Win Hlaing, Managing Director

25.10.2004

MANUFACTURING

| 1. | Myanmar Ruby Enterprise |
| --- | --- |

1.

Myanmar Ruby Enterprise

| 24/26, 2nd fl, Sule Pagoda Road, Yangon |
| --- |
| (Midway Bank Building) |

24/26, 2nd fl, Sule Pagoda Road, Yangon

(Midway Bank Building)

25.10.2004

| 2. | Myanmar Imperial Jade Co. Ltd |
| --- | --- |

2.

Myanmar Imperial Jade Co. Ltd

| 24/26, 2nd fl, Sule Pagoda Road, Yangon |
| --- |
| (Midway Bank Building) |

24/26, 2nd fl, Sule Pagoda Road, Yangon

(Midway Bank Building)

25.10.2004

| 3. | Myanmar Rubber Wood co. Ltd. |
| --- | --- |

3.

Myanmar Rubber Wood co. Ltd.

25.10.2004

| 4. | Myanmar Pineapple Juice Production |
| --- | --- |

4.

Myanmar Pineapple Juice Production

25.10.2004

| 5. | Myawaddy Clean Drinking Water Service |
| --- | --- |

5.

Myawaddy Clean Drinking Water Service

| 4/A, No. 3 Main Road, |
| --- |
| Mingalardon Tsp Yangon |

4/A, No. 3 Main Road,

Mingalardon Tsp Yangon

25.10.2004

| 6. | Sin Min (King Elephants) Cement Factory (Kyaukse) |
| --- | --- |

6.

Sin Min (King Elephants) Cement Factory (Kyaukse)

| 189/191 Mahabandoola Road |
| --- |
| Corner Of 50th Street Yangon |

189/191 Mahabandoola Road

Corner Of 50th Street Yangon

Col Maung Maung Aye, Managing Director

25.10.2004

| 7. | Tailoring Shop Service |
| --- | --- |

7.

Tailoring Shop Service

25.10.2004

| 8. | Ngwe Pin Le (Silver Sea) Livestock Breeding And Fishery Co. |
| --- | --- |

8.

Ngwe Pin Le (Silver Sea) Livestock Breeding And Fishery Co.

| 1093, Shwe Taung Gyar Street, Industrial Zone Ii, Ward 63, |
| --- |
| South Dagon Tsp, Yangon |

1093, Shwe Taung Gyar Street, Industrial Zone Ii, Ward 63,

South Dagon Tsp, Yangon

25.10.2004

| 9. | Granite Tile Factory (Kyaikto) |
| --- | --- |

9.

Granite Tile Factory (Kyaikto)

| 189/191 Mahabandoola Road, Corner Of 50th Street |
| --- |
| Yangon |

189/191 Mahabandoola Road, Corner Of 50th Street

Yangon

25.10.2004

| 10. | Soap Factory (Paung) |
| --- | --- |

10.

Soap Factory (Paung)

| 189/191 Mahabandoola Road, Corner of 50th Street |
| --- |
| Yangon |

189/191 Mahabandoola Road, Corner of 50th Street

Yangon

25.10.2004

TRADING

| 1. | Myawaddy Trading Ltd |
| --- | --- |

1.

Myawaddy Trading Ltd

| 189/191 Mahabandoola Road, Corner of 50th Street |
| --- |
| Yangon |

189/191 Mahabandoola Road, Corner of 50th Street

Yangon

Col Myint Aung Managing Director

25.10.2004

SERVICES

| 1. | Myawaddy Bank Ltd |
| --- | --- |

1.

Myawaddy Bank Ltd

| 24-26 Sule Pagoda Road, |
| --- |
| Yangon |

24-26 Sule Pagoda Road,

Yangon

Brig-Gen Win Hlaing and U Tun Kyi, Managing Directors

25.10.2004

| 2. | Bandoola Transportation Co. Ltd. |
| --- | --- |

2.

Bandoola Transportation Co. Ltd.

| 399, Thiri Mingalar Road, |
| --- |
| Insein Tsp. Yangon |

399, Thiri Mingalar Road,

Insein Tsp. Yangon

and/or

| Parami Road, South Okkalapa, |
| --- |
| Yangon |

Parami Road, South Okkalapa,

Yangon

Col. Myo Myint, Managing Director

25.10.2004

| 3. | Myawaddy Travel Services |
| --- | --- |

3.

Myawaddy Travel Services

| 24-26 Sule Pagoda Road, |
| --- |
| Yangon |

24-26 Sule Pagoda Road,

Yangon

25.10.2004

| 4. | Nawaday Hotel And Travel Services |
| --- | --- |

4.

Nawaday Hotel And Travel Services

| 335/357, Bogyoke Aung San Road, |
| --- |
| Pabedan Tsp. |
| Yangon |

335/357, Bogyoke Aung San Road,

Pabedan Tsp.

Yangon

Col. (retired) Maung Thaung, Managing Director

25.10.2004

| 5. | Myawaddy Agriculture Services |
| --- | --- |

5.

Myawaddy Agriculture Services

| 189/191 Mahabandoola Road, |
| --- |
| Corner of 50th Street, Yangon |

189/191 Mahabandoola Road,

Corner of 50th Street, Yangon

25.10.2004

| 6. | Myanmar Ar (Power) Construction Services |
| --- | --- |

6.

Myanmar Ar (Power) Construction Services

| 189/191 Mahabandoola Road, |
| --- |
| Corner of 50th Street, Yangon |

189/191 Mahabandoola Road,

Corner of 50th Street, Yangon

25.10.2004

JOINT VENTURES

MANUFACTURING

| 1. | Myanmar Segal International Ltd. |
| --- | --- |

1.

Myanmar Segal International Ltd.

| Pyay Road, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp Yangon |

Pyay Road, Pyinmabin Industrial Zone,

Mingalardon Tsp Yangon

U Be Aung, Manager

25.10.2004

| 2. | Myanmar Daewoo International |
| --- | --- |

2.

Myanmar Daewoo International

| Pyay Road, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp |
| Yangon |

Pyay Road, Pyinmabin Industrial Zone,

Mingalardon Tsp

Yangon

25.10.2004

| 3. | Rothman Of Pall Mall Myanmar Private Ltd. |
| --- | --- |

3.

Rothman Of Pall Mall Myanmar Private Ltd.

| No. 38, Virginia Park, No. 3, Trunk Road, |
| --- |
| Pyinmabin Industrial Zone, |
| Yangon |

No. 38, Virginia Park, No. 3, Trunk Road,

Pyinmabin Industrial Zone,

Yangon

25.10.2004

| 4. | Myanmar Brewery Ltd. |
| --- | --- |

4.

Myanmar Brewery Ltd.

| No 45, No 3, Trunk Road Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp, Yangon |

No 45, No 3, Trunk Road Pyinmabin Industrial Zone,

Mingalardon Tsp, Yangon

Lt-Col (Retired) Ne Win, Chairman

25.10.2004

| 5. | Myanmar Posco Steel Co. Ltd. |
| --- | --- |

5.

Myanmar Posco Steel Co. Ltd.

| Plot 22, No. 3, Trunk Road, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp Yangon |

Plot 22, No. 3, Trunk Road, Pyinmabin Industrial Zone,

Mingalardon Tsp Yangon

25.10.2004

| 6. | Myanmar Nouveau Steel Co. Ltd. |
| --- | --- |

6.

Myanmar Nouveau Steel Co. Ltd.

| No. 3, Trunk Road, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp Yangon |

No. 3, Trunk Road, Pyinmabin Industrial Zone,

Mingalardon Tsp Yangon

25.10.2004

| 7. | Berger Paint Manufactoring Co. Ltd |
| --- | --- |

7.

Berger Paint Manufactoring Co. Ltd

| Plot No. 34/A, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp Yangon |

Plot No. 34/A, Pyinmabin Industrial Zone,

Mingalardon Tsp Yangon

25.10.2004

| 8. | The First Automotive Co. Ltd |
| --- | --- |

8.

The First Automotive Co. Ltd

| Plot No. 47, Pyinmabin Industrial Zone, |
| --- |
| Mingalardon Tsp, Yangon |

Plot No. 47, Pyinmabin Industrial Zone,

Mingalardon Tsp, Yangon

U Aye Cho and/or Lt-Col Tun Myint, Managing Director

25.10.2004

SERVICES

| 1. | National Development Corp. |
| --- | --- |

1.

National Development Corp.

| 3/A, Thamthumar Street, 7 Mile, |
| --- |
| Mayangone Tsp, Yangon |

3/A, Thamthumar Street, 7 Mile,

Mayangone Tsp, Yangon

Dr. Khin Shwe, Chairman

25.10.2004

| 2. | Hantha Waddy Golf Resort and Myodaw (City) Club Ltd |
| --- | --- |

2.

Hantha Waddy Golf Resort and Myodaw (City) Club Ltd

| No 1, Konemyinttha Street, 7 Mile, |
| --- |
| Mayangone Tsp, Yangon and |

No 1, Konemyinttha Street, 7 Mile,

Mayangone Tsp, Yangon and

| Thiri Mingalar Road, |
| --- |
| Insein Tsp, |
| Yangon |

Thiri Mingalar Road,

Insein Tsp,

Yangon

25.10.2004

MYANMAR ECONOMIC CORPORATION (MEC)

Myanma Economic Corporation (Mec)

| Shwedagon Pagoda Road Dagon Tsp, |
| --- |
| Yangon |

Shwedagon Pagoda Road Dagon Tsp,

Yangon

Col Ye Htut Or Brig Gen Kyaw Win, Managing Director

25.10.2004

| 1. | Innwa Bank |
| --- | --- |

1.

Innwa Bank

| 554-556, Merchant Street, Corner of 35th Street, |
| --- |
| Kyauktada Tsp, Yangon |

554-556, Merchant Street, Corner of 35th Street,

Kyauktada Tsp, Yangon

U Yin Sein, General Manager

25.10.2004

| 2. | Myaing Galay (Rhino Brand Cement Factory) |
| --- | --- |

2.

Myaing Galay (Rhino Brand Cement Factory)

| Factories Dept. Mec Head Office, Shwedagon Pagoda Road, |
| --- |
| Dagon Tsp, Yangon |

Factories Dept. Mec Head Office, Shwedagon Pagoda Road,

Dagon Tsp, Yangon

Col Khin Maung Soe

25.10.2004

| 3. | Dagon Brewery |
| --- | --- |

3.

Dagon Brewery

| 555/B, No 4, Highway Road, Hlaw Gar Ward, |
| --- |
| Shwe Pyi Thar Tsp, Yangon |

555/B, No 4, Highway Road, Hlaw Gar Ward,

Shwe Pyi Thar Tsp, Yangon

25.10.2004

| 4. | Mec Steel Mills (Hmaw Bi/Pyi/Ywama |
| --- | --- |

4.

Mec Steel Mills (Hmaw Bi/Pyi/Ywama

| Factories Dept. Mec Head Office, Shwedagon Pagoda Road, |
| --- |
| Dagon Tsp, Yangon |

Factories Dept. Mec Head Office, Shwedagon Pagoda Road,

Dagon Tsp, Yangon

Col Khin Maung Soe

25.10.2004

| 5. | Mec Sugar Mill |
| --- | --- |

5.

Mec Sugar Mill

Kant Balu

25.10.2004

| 6. | Mec Oxygen and Gases Factory |
| --- | --- |

6.

Mec Oxygen and Gases Factory

| Mindama Road, |
| --- |
| Mingalardon Tsp, Yangon |

Mindama Road,

Mingalardon Tsp, Yangon

25.10.2004

| 7. | Mec Marble Mine |
| --- | --- |

7.

Mec Marble Mine

Pyinmanar

25.10.2004

| 8. | Mec Marble Tiles Factory |
| --- | --- |

8.

Mec Marble Tiles Factory

Loikaw

25.10.2004

| 9. | Mec Myanmar Cable Wire Factory |
| --- | --- |

9.

Mec Myanmar Cable Wire Factory

| No 48, Bamaw A Twin Wun Road, Zone (4), |
| --- |
| Hlaing Thar Yar Industrial Zone, Yangon |

No 48, Bamaw A Twin Wun Road, Zone (4),

Hlaing Thar Yar Industrial Zone, Yangon

25.10.2004

| 10. | Mec Ship Breaking Service |
| --- | --- |

10.

Mec Ship Breaking Service

Thilawar, Than Nyin Tsp

25.10.2004

| 11. | Mec Disposable Syringe Factory |
| --- | --- |

11.

Mec Disposable Syringe Factory

| Factories Dept, Mec Head Office, Shwedagon Pagoda Road, |
| --- |
| Dagon Tsp, |
| Yangon |

Factories Dept, Mec Head Office, Shwedagon Pagoda Road,

Dagon Tsp,

Yangon

25.10.2004

| 12. | Gypsum Mine |
| --- | --- |

12.

Gypsum Mine

Thibaw'

25.10.2004

GOVERNMENT OWNED COMMERCIAL ENTERPRISES

| 1. | Myanma Salt and Marine Chemicals Enterprise |
| --- | --- |

1.

Myanma Salt and Marine Chemicals Enterprise

| Thakayta Township, |
| --- |
| Yangon |

Thakayta Township,

Yangon

Managing Director U Win Htain (Ministry of Mines)

29.4.2008

| 2. | Myanma Electric Power Enterprise |
| --- | --- |

2.

Myanma Electric Power Enterprise

(Ministry of Electric Power 2)

29.4.2008

| 3. | Myanma Agricultural Produce Trading |
| --- | --- |

3.

Myanma Agricultural Produce Trading

Managing Director: Kyaw Htoo (Ministry of Commerce)

29.4.2008

| 4. | Myanma Machine Tool and Electrical Industries |
| --- | --- |

4.

Myanma Machine Tool and Electrical Industries

Director: Win Tint (Ministry of Industry 2)

29.4.2008

| 5. | Myanmar Tyre and Rubber Industries |
| --- | --- |

5.

Myanmar Tyre and Rubber Industries

(Ministry of Industry 2)

29.4.2008

| 6. | Myanmar Defence Products Industry |
| --- | --- |

6.

Myanmar Defence Products Industry

Ngyaung Chay Dauk

(Ministry of Defence)

29.4.2008

| 7. | Co-Operative Import Export Enterprise |
| --- | --- |

7.

Co-Operative Import Export Enterprise

(Ministry of Co-Operatives)

29.4.2008

OTHERS

| 1. | Htoo Trading Co |
| --- | --- |

1.

Htoo Trading Co

| 5 Pyay Road, Hlaing Township, |
| --- |
| Yangon |

5 Pyay Road, Hlaing Township,

Yangon

Tay Za

10.3.2008

| 2. | Htoo Transportation Services |
| --- | --- |

2.

Htoo Transportation Services

Tay Za

10.3.2008

| 3. | Htoo Furniture, aka Htoo Wood Products, aka Htoo Wood based Industry, aka Htoo Wood |
| --- | --- |

3.

Htoo Furniture, aka Htoo Wood Products, aka Htoo Wood based Industry, aka Htoo Wood

| 21 Thukha Waddy Rd, |
| --- |
| Yankin Township, |
| Yangon |

21 Thukha Waddy Rd,

Yankin Township,

Yangon

Tay Za

29.4.2008

| 4. | Treasure Hotels and Resorts |
| --- | --- |

4.

Treasure Hotels and Resorts

| No. 41, Shwe Taung Gyar Street, Bahan Township, |
| --- |
| Yangon |

No. 41, Shwe Taung Gyar Street, Bahan Township,

Yangon

Tay Za

10.3.2008

| 5. | Aureum Palace Hotels And Resorts |
| --- | --- |

5.

Aureum Palace Hotels And Resorts

| No. 41, Shwe Taung Gyar Street, Bahan Township, |
| --- |
| Yangon |

No. 41, Shwe Taung Gyar Street, Bahan Township,

Yangon

Tay Za

10.3.2008

| 6. | Air Bagan |
| --- | --- |

6.

Air Bagan

| No. 56, Shwe Taung Gyar Street, Bahan Township, |
| --- |
| Yangon |

No. 56, Shwe Taung Gyar Street, Bahan Township,

Yangon

10.3.2008

| 7. | Myanmar Avia Export |
| --- | --- |

7.

Myanmar Avia Export

Tay Za

10.3.2008

| 8. | Pavo Aircraft Leasing PTE Ltd aka Pavo Trading Pte Ltd. |
| --- | --- |

8.

Pavo Aircraft Leasing PTE Ltd aka Pavo Trading Pte Ltd.

Tay Za

29.4.2008

| 9. | Kanbawza Bank |
| --- | --- |

9.

Kanbawza Bank

| Head Office: 615/1 Pyay Road, Kamaryut, Township, |
| --- |
| Yangon |

Head Office: 615/1 Pyay Road, Kamaryut, Township,

Yangon

Aung Ko Win

10.3.2008

| 10. | Zaykabar Co |
| --- | --- |

10.

Zaykabar Co

| 3 Main Road, Mingalardon Garden City, Mingalardon, |
| --- |
| Yangon |

3 Main Road, Mingalardon Garden City, Mingalardon,

Yangon

Khin Shwe

10.3.2008

| 11. | Shwe Thanlwin Trading Co |
| --- | --- |

11.

Shwe Thanlwin Trading Co

| 262 Pazundaung Main Road Lower, Pazundaung, |
| --- |
| Yangon |

262 Pazundaung Main Road Lower, Pazundaung,

Yangon

Kyaw Win

10.3.2008

| 12. | Max Myanmar Co., Ltd |
| --- | --- |

12.

Max Myanmar Co., Ltd

| 1 Ywama Curve, Bayint Naung Road, Blk (2), Hlaing Township, |
| --- |
| Yangon |

1 Ywama Curve, Bayint Naung Road, Blk (2), Hlaing Township,

Yangon

Chairman: U Zaw Zaw, Senior Executive Officer: U Than Zaw

10.3.2008

| 13. | Hsinmin Cement Plant Construction Project |
| --- | --- |

13.

Hsinmin Cement Plant Construction Project

| Union of Myanmar Economic Holdings Ltd, |
| --- |
| Kyaukse |

Union of Myanmar Economic Holdings Ltd,

Kyaukse

Col Aung San

10.3.2008

| 14. | Ayer Shwe Wa (Wah, War) |
| --- | --- |

14.

Ayer Shwe Wa (Wah, War)

| 5 Pyay Road, Hlaing Township, |
| --- |
| Yangon |

5 Pyay Road, Hlaing Township,

Yangon

Aung Thet Mann aka Shwe Mann Ko Ko

10.3.2008

| 15. | Myanmar Land and Development |
| --- | --- |

15.

Myanmar Land and Development

Col (Retired) Thatnt Zin

10.3.2008

| 16. | Eden Group of Companies |
| --- | --- |

16.

Eden Group of Companies

| 30-31 Shwe Padauk Yeikmon Bayint Naung Road |
| --- |
| Kamayut Tsp Yangon |

30-31 Shwe Padauk Yeikmon Bayint Naung Road

Kamayut Tsp Yangon

Chit Khaing aka Chit Khine

10.3.2008

| 17. | Golden Flower Co., Ltd |
| --- | --- |

17.

Golden Flower Co., Ltd

| 214 Wardan Street, Lamadaw, |
| --- |
| Yangon |

214 Wardan Street, Lamadaw,

Yangon

Managing Director: Aung Htwe, Owner: Kyaw Myint

10.3.2008

| 18. | Maung Weik Et Co., Ltd. |
| --- | --- |

18.

Maung Weik Et Co., Ltd.

| 334/344 2nd Floor, Anawratha Road, Bagan Bldg, |
| --- |
| Lamadaw, |
| Yangon |

334/344 2nd Floor, Anawratha Road, Bagan Bldg,

Lamadaw,

Yangon

Maung Weik

10.3.2008

| 19. | National Development Company Ltd. |
| --- | --- |

19.

National Development Company Ltd.

| 3/A Thathumar Rd, Cor of Waizayantar Road, |
| --- |
| Thingangyun, |
| Yangon |

3/A Thathumar Rd, Cor of Waizayantar Road,

Thingangyun,

Yangon

10.3.2008

| 20. | A1 Construction and Trading Co., Ltd |
| --- | --- |

20.

A1 Construction and Trading Co., Ltd

| 41 Nawady St, Alfa Hotel Building, Dagon, Yangon |
| --- |
| Tel: 00-95-1-241905/245323/254812 |
| Fax: 00 95 1 252806 |
| E-mail: aone@mptmail.net.mm |

41 Nawady St, Alfa Hotel Building, Dagon, Yangon

Tel: 00-95-1-241905/245323/254812

Fax: 00 95 1 252806

E-mail: aone@mptmail.net.mm

Managing Director U Yan Win

10.3.2008

| 21. | Asia World Co., Ltd |
| --- | --- |

21.

Asia World Co., Ltd

| 6062 Wardan Street, Bahosi Development, Lamadaw, |
| --- |
| Yangon |

6062 Wardan Street, Bahosi Development, Lamadaw,

Yangon

Tun Myint Naing aka Steven Law (J4a, Annex II)

10.3.2008

| 22. | Subsidiaries of Asia World: | Asia World Industries |
| --- | --- | --- |

22.

Subsidiaries of Asia World:

Asia World Industries

| | Asia Light Co. Ltd. |
| --- | --- |

Asia Light Co. Ltd.

| | Asia World Port Management Co. |
| --- | --- |

Asia World Port Management Co.

| | Ahlon Warves |
| --- | --- |

Ahlon Warves

Chairman/Director: Tun Myint Naing aka Steven Law (J4a, Annex II)

29.4.2008

| 23. | Yuzana Co., Ltd |
| --- | --- |

23.

Yuzana Co., Ltd

| No 130 Yuzana Centre, Shwegondaing Road, Bahan Township, |
| --- |
| Yangon |

No 130 Yuzana Centre, Shwegondaing Road, Bahan Township,

Yangon

Chairman/Director: Htay Myint

10.3.2008

| 24. | Yuzana Construction |
| --- | --- |

24.

Yuzana Construction

| No 130 Yuzana Centre, Shwegondaing Road, Bahan Township, |
| --- |
| Yangon |

No 130 Yuzana Centre, Shwegondaing Road, Bahan Township,

Yangon

Chairman/Director: Htay Myint

10.3.2008

| 25. | Myangonmyint Co (enterprise held by the USDA) |
| --- | --- |

25.

Myangonmyint Co (enterprise held by the USDA)

10.3.2008

| 26. | Dagon International/Dagon Timber Ltd, |
| --- | --- |

26.

Dagon International/Dagon Timber Ltd,

| 262-264 Pyay Road |
| --- |
| Dagon Centre |
| Sanchaung |
| Yangon |

262-264 Pyay Road

Dagon Centre

Sanchaung

Yangon

Directors: “Dagon” Win Aung and Daw Moe Mya Mya

29.4.2008

| 27. | Palm Beach Resort, |
| --- | --- |

27.

Palm Beach Resort,

Ngwe Saung

Owned by Dagon International. Directors, “Dagon” Win Aung , Daw Moe Mya Mya and Ei Hnin Pwint @ Chistabelle Aung

29.4.2008

| 28. | IGE Co Ltd |
| --- | --- |

28.

IGE Co Ltd

| No.27-B, Kaba Aye Pagoda Road, |
| --- |
| Bahan Township |
| Yangon |
| Tel: 95-1-558266 |
| Fax: 95-1-555369 |

No.27-B, Kaba Aye Pagoda Road,

Bahan Township

Yangon

Tel: 95-1-558266

Fax: 95-1-555369

and

| No.H-11, Naypyitaw, Naypuitaw |
| --- |
| Tel: 95-67-41-4211 |

No.H-11, Naypyitaw, Naypuitaw

Tel: 95-67-41-4211

Directors Nay Aung (D17e Annex II) and Pyi (Pye) Aung (D17g Annex II) and Managing Director Win Kyaing

29.4.2008

| 29. | Mother Trading and Construction |
| --- | --- |

29.

Mother Trading and Construction

| 77/78,Wadan Street, |
| --- |
| Bahosi Ward, |
| Lanmadaw, |
| Yangon |
| Tel: 95-1-21-0514 |
| E-mail: mother.trade@mptmail.net.mm |

77/78,Wadan Street,

Bahosi Ward,

Lanmadaw,

Yangon

Tel: 95-1-21-0514

E-mail: mother.trade@mptmail.net.mm

Director Aung Myat

29.4.2008

| 30. | Kyaw Tha Company and Kyaw Tha Construction Group |
| --- | --- |

30.

Kyaw Tha Company and Kyaw Tha Construction Group

| No. 98, 50th Street, |
| --- |
| Pazundaung Township, |
| Yangon, |
| Tel : 95-1-296733 |
| Fax : 95-1-296914 |
| E-mail: kyawtha.wl@mptmail.net.mm |
| Website: http://www.kyawtha.com |

No. 98, 50th Street,

Pazundaung Township,

Yangon,

Tel : 95-1-296733

Fax : 95-1-296914

E-mail: kyawtha.wl@mptmail.net.mm

Website: http://www.kyawtha.com

Director U Win Lwin and Managing Director Maung Aye

29.4.2008

| 31. | Ye Ta Khun (Yetagun) Construction Group |
| --- | --- |

31.

Ye Ta Khun (Yetagun) Construction Group

| Yuzana Plaza West, |
| --- |
| Tamwe Township |
| Tangoon |

Yuzana Plaza West,

Tamwe Township

Tangoon

Owner Aung Zaw Ye Myint (A9d Annex II) son of General Ye Myint (A9a)

29.4.2008

| 32. | J’s Donuts |
| --- | --- |

32.

J’s Donuts

| 26-28 Lanmadaw Street |
| --- |
| Lanmadaw Tsp |
| Yangon |
| Tel: 95-1-710242 |

26-28 Lanmadaw Street

Lanmadaw Tsp

Yangon

Tel: 95-1-710242

| Junction 8 Shopping Centre 8th Mile |
| --- |
| Mayangon Tsp |
| Yangon |
| Tel: 95-1-650771 |

Junction 8 Shopping Centre 8th Mile

Mayangon Tsp

Yangon

Tel: 95-1-650771

| (2nd Floor) Yuzana Plaza Banyar Dala Road |
| --- |
| Mingalar Taung Nyunt Tsp |
| Yangon |
| Tel: 95-1-200747 |

(2nd Floor) Yuzana Plaza Banyar Dala Road

Mingalar Taung Nyunt Tsp

Yangon

Tel: 95-1-200747

| 173-175 Pansodan Street |
| --- |
| Kyauktada Tsp |
| Yangon |
| Tel: 95-1-287525 |

173-175 Pansodan Street

Kyauktada Tsp

Yangon

Tel: 95-1-287525

| 381-383 Near Bogyoke Aung |
| --- |
| San Market Shwebontha Street |
| Pabedan Tsp |
| Yangon |
| Tel: 95-1-243178 |

381-383 Near Bogyoke Aung

San Market Shwebontha Street

Pabedan Tsp

Yangon

Tel: 95-1-243178

Owner: Kyaing San Shwe(A1h Annex II) son of Senior General Than Shwe (A1a)

29.4.2008

| 33. | Sun Tac or Sun Tec Suntac Int'l Trading Co., Ltd. |
| --- | --- |

33.

Sun Tac or Sun Tec Suntac Int'l Trading Co., Ltd.

| 151 (B) Thiri Mingalar Lane |
| --- |
| Mayangon Township |
| Yangon |
| Tel: 01-650021 654463 |

151 (B) Thiri Mingalar Lane

Mayangon Township

Yangon

Tel: 01-650021 654463

Owner: Sit Taing Aung son of Aung Phone

29.4.2008

| 34. | (MMS) Min Min Soe Group of Companies |
| --- | --- |

34.

(MMS) Min Min Soe Group of Companies

| 23-A, Inya Myaing Street, Bahan Tsp. |
| --- |
| Tel : 95-1-511098, 514262 |
| E-mail: mms@mptmail.net.mm |

23-A, Inya Myaing Street, Bahan Tsp.

Tel : 95-1-511098, 514262

E-mail: mms@mptmail.net.mm

Shareholder Kyaw Myo Nyunt (J10c Annex II) son of Gen Nyunt Tin, Minister of Agriculture (Retired) (J10a Annex II)

29.4.2008

| 35. | Myanmar Information and Communication Technology aka Myanmar Infotech |
| --- | --- |

35.

Myanmar Information and Communication Technology aka Myanmar Infotech

| MICT Park, |
| --- |
| Hlaing University Campus |

MICT Park,

Hlaing University Campus

Part Owner: Aung Soe Tha (D22e Annex II)

29.4.2008

| 36. | MNT (Myanmar New Technology) |
| --- | --- |

36.

MNT (Myanmar New Technology)

Owner: Yin Win Thu, Partner Nandar Aye (A2c Annex II)

29.4.2008

| 37. | Forever Group |
| --- | --- |

37.

Forever Group

| No ( 14 02/03 ), Olympic Tower I, Corner of Boaungkyaw Street and Mahabandoola Street |
| --- |
| Kyauktada Township. Yangon. |
| Tel: 95-1-204013, 95-1-204107 |
| E-mail: forevergroup@mptmail.net.mm |

No ( 14 02/03 ), Olympic Tower I, Corner of Boaungkyaw Street and Mahabandoola Street

Kyauktada Township. Yangon.

Tel: 95-1-204013, 95-1-204107

E-mail: forevergroup@mptmail.net.mm

Managing Director: Daw Khin Khin Lay Member of Board of Directors: U Khin Maung Htay Senior Manager U Kyaw Kyaw

29.4.2008’

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Corrigenda

| 30.4.2008 | EN | Official Journal of the European Union | L 116/86 |
| --- | --- | --- | --- |

30.4.2008

EN

Official Journal of the European Union

L 116/86

---

Corrigendum to Commission Regulation (EC) No 508/1999 of 4 March 1999 amending Annexes I to IV of Council Regulation (EEC) No 2377/90 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin

(
  Official Journal of the European Communities L 60 of 9 March 1999
  )

On page 39, in Annex II, under category 3 ‘Substances generally recognised as safe’, first column, sixth line:

for:

‘Benzoyl benzoate’,

read:

‘Benzyl benzoate’.

---