Proposal for a Council Regulation amending Council Regulation (EC) No 1081/2000 prohibiting the sale, supply and export to Burma/Myanmar of equipment which might be used for internal repression or terrorism, and freezing the funds of certain persons related to important governmental functions in that country
Date: 2003-06-25
Institutions: European Commission
Subjects: Myanmar/Burma, civil servant, economic sanctions, export restriction, market approval, military equipment, military regime

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 25.6.2003
COM(2003) 382 final

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 1081/2000 prohibiting the sale, supply and export
to Burma/Myanmar of equipment which might be used for internal repression or
terrorism, and freezing the funds of certain persons related to important governmental
functions in that country

(presented by the Commission)

Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 1081/2000 prohibiting the sale, supply and export
to Burma/Myanmar of equipment which might be used for internal repression or
terrorism, and freezing the funds of certain persons related to important governmental
functions in that country

THE COUNCIL OF THE EUROPEAN UNION

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

Having  regard  to  Common  Position  2003/297/CFSP  of  28  April  2003  on  Burma/Myanmar1
and Council Decision 2003/…./CFSP of ….June 2003,2

Having regard to the proposal from the Commission,3

Whereas:

(1)

(2)

(3)

The Council has expressed its grave concern over the deteriorating overall situation in
Burma/Myanmar, in particular the arrest of Aung San Suu Kyi and other members of
the National League for Democracy and the closure of NLD offices.

In view of this, Council Decision 2003/…/ CFSP of …June 2003 provides, inter alia,
for  enforcement  of  the  ban  on  technical  training  or  assistance  related  to  military
material.

This  ban  on  technical  advice,  assistance  or  training  related  to  military  material  falls
under  the  scope  of  the  Treaty.  Therefore,  with  a  view  to  avoiding  distortion  of
competition,  Community  legislation  is  necessary  as  far  as  the  territory  of  the
Community is concerned. For the purposes of this Regulation, such territory is deemed
to encompass all the territories of the Member States to which the Treaty is applicable,
under the conditions laid down in that Treaty.

(4)

This ban should therefore be added to the measures imposed by Regulation (EC) No
1081/2000,

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2

3

OJ L 106, 29.4.03, p. 36
OJ L (cid:1)…(cid:2) , (cid:1)…(cid:2) , (cid:1)…(cid:2)
OJ C (cid:1)…(cid:2) , (cid:1)…(cid:2) , (cid:1)…(cid:2)

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HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1081/2000 is hereby amended as follows:

(1) A new Article 1 a shall be added as follows:

“Article 1 a

1.  Without  prejudice  to  the  powers  of  the  Member  States  in  the  exercise  of  their  public
authority,  providing  Burma/Myanmar  with  technical  training  or  assistance  related  to  the
supply, manufacture, maintenance or use of arms and related material of all types, including
weapons  and  ammunition,  military  vehicles  and  equipment,  paramilitary  equipment,  and
spare parts for the aforementioned, shall be prohibited.

2. Paragraph 1 shall not apply to technical assistance or training related to non-lethal military
equipment intended solely for humanitarian or protective use.”

(2) Article 5 shall be replaced by the following:

“Article 5

The  participation,  knowingly  and  intentionally,  in  related  activities,  the  object  or  effect  of
which is, directly or indirectly, to promote the transactions or activities referred to in Article 1
and 1 a or to circumvent the provisions of this Regulation, shall be prohibited.”

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

Article 2

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

Done at Brussels,

For the Council

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