Council Regulation (EC) No 1211/2003 of 7 July 2003 amending 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: 2003-07-07
Institutions: Council of the European Union
Subjects: Myanmar/Burma, dual-use good, economic sanctions, export restriction, international sanctions, terrorism

L 169/24

EN

Official Journal of the European Union

8.7.2003

COUNCIL REGULATION (EC) No 1211/2003

of 7 July 2003

amending 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,

HAS ADOPTED THIS REGULATION:

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 301 thereof,

Having regard to Common Position 2003/297/CFSP of 28
April 2003 on Burma/Myanmar (1) and Council Decision 2003/
461/CFSP of 20 June 2003 implementing Common Position
2003/297/CFSP (2) on Burma/Myanmar,

Having regard to the proposal from the Commission,

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, Decision 2003/461/CFSP provides, inter
alia, for enforcement of the ban on technical training or
assistance related to arms and related material.

This ban on technical advice, assistance or training
related to arms and related material falls under the scope
of the Treaty. Therefore, with a view to avoiding distor-
tion 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 condi-
tions laid down in that Treaty.

Article 1

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

1. the following Article shall be inserted:

‘Article 1a

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 ammu-
nition, military vehicles and equipment, paramilitary equip-
ment, 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 indir-
ectly, to promote the transactions or activities referred to in
Articles 1 and 1a or to circumvent the provisions of this
Regulation, shall be prohibited.’

Article 2

(4)

This ban should therefore be added to the measures
imposed by Regulation (EC) No 1081/2000 (3),

This Regulation shall enter into force on the day following that
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, 7 July 2003.

For the Council

The President
F. FRATTINI

(1) OJ L 106, 29.4.2003, p. 36.
(2) OJ L 154, 21.6.2003, p. 116.
(3) OJ L 122, 24.5.2000, p. 29. Regulation as last amended by
Commission Regulation (EC) No 744/2003 (OJ L 106, 29.4.2003,
p. 20).