Proposal for a Council Regulation amending Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004
Date: 2007-06-14
Institutions: European Commission
Subjects: Internet site, Myanmar/Burma, common foreign and security policy, economic sanctions, exchange of information, international sanctions

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 14.6.2007 
COM(2007) 327 final 

Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive 
measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
EXPLANATORY MEMORANDUM 

(1) 

(2) 

Regulation  (EC)  No  817/2006  of  29  May  2006  concerns  the  implementation  of 
restrictive measures in respect of Burma/Myanmar. 

Following  recent  discussions  between  Member  States,  it  has  been  agreed  that  the 
relevant  texts  should  include  an  annex  of  national  websites  indicating  competent 
authorities,  replacing  a  previous  practice  of  a  list  of  national  competent  authorities. 
This approach has already been followed by the Council in Council Regulation (EC) 
No 329/2007 and Council Regulation (EC) No 423/2007. 

(3) 

The  Commission  considers  it  expedient  to  make  a  proposal  to  amend  Council 
Regulation (EC) No 817/2006 to that end. 

EN 

2 

   EN 

 
Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 817/2006 of 29 May 2006 renewing the restrictive 
measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having  regard  to  Council  Common  Position  2006/318/CFSP  of  27  April  2006  renewing 
restrictive measures in respect of Burma/Myanmar1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

It  is  expedient  to  amend  Council  Regulation  (EC)  No  817/2006  to  provide  for 
arrangements similar to those in Council Regulation (EC) No 329/20072 and Council 
Regulation (EC) No 423/20073 regarding exchanges of information between Member 
States, and providing for an Annex to list national websites which indicate competent 
authorities, rather than a list of competent authorities, 

HAS ADOPTED THIS REGULATION: 

Regulation (EC) No 817/2006 is amended as follows: 

Article 1 

(a) 

In Article 4, paragraph 1, the introductory paragraph is replaced by the following: 

“1.  By  way  of  derogation  from  Articles  2  and  3,  the  competent  authorities  as 
indicated in the websites listed in Annex II, may authorise, under such conditions as 
they deem appropriate:” 

(b) 

In Article 7, paragraph 1, the introductory paragraph, is replaced by the following: 

1 

2 

3 

OJ  L  116,  29.4.2006,  p.  77.  Common  Position  as  last  amended  by  Council  Common  Position 
2007/248/CFSP (OJ L 107, 25.4.2007, p.8). 
Council  Regulation  (EC)  No  329/2007 of 27  March 2007  concerning restrictive  measures  against  the 
Democratic People's Republic of Korea (OJ L 88, 29.03.2007, p. 1) 
Council  Regulation  (EC)  No  423/2007  of  19  April  2007  concerning  restrictive  measures  against  Iran 
(OJ L 103, 20.4.2007, p.1) 

EN 

3 

   EN 

 
                                                 
“1.  The  competent  authority  as  indicated  in  a  website  listed  in  Annex  II,  may 
authorise  the  release  of  certain  frozen  funds  or  economic  resources  or  the  making 
available of certain funds or economic resources, under such conditions as it deems 
appropriate, after having determined that the funds or economic resources concerned 
are:” 

(c) 

Article 8, paragraphs 1 and 2, are replaced by the following: 

“1.  Without prejudice to the applicable rules concerning reporting, confidentiality 
and professional secrecy, natural and legal persons, entities and bodies shall:  

(a) 
supply immediately the competent authorities indicated in the websites listed in 
Annex  II  in  the  Member  State  where  they  are  resident  or  located  with  any 
information  which  would  facilitate  compliance  with  this  Regulation,  such  as 
accounts  and  amounts  frozen  in  accordance  with  Article  6,  and  shall  forward  such 
information, directly or through these competent authorities, to the Commission; 

co-operate  with  the  competent  authorities  indicated  in  the  websites  listed  in 

(b) 
Annex II in any verification of this information. 

2.  Any additional information directly received by the Commission shall be made 
available to the Member State concerned.” 

(d) 

Article 9, paragraph 5, is replaced by the following: 

“5.  The  prohibition  in  paragraph  1(b)  shall  not  prevent  the  extension  of  a 
participation  in  Burmese  State-owned  enterprises  as  listed  in  Annex  IV,  if  such 
extension  is  compulsory  under  an  agreement  concluded  with  the  Burmese  State-
owned  enterprise  concerned  before  25  October  2004.  The  relevant  competent 
authority, as indicated in a website listed in Annex II, and the Commission shall be 
informed before any such transaction takes place. The Commission shall inform the 
other Member States.” 

(e) 

A new Article 13a is inserted as follows: 

‘Article 13a 

1.  Member  States  shall  designate  the  competent  authorities  referred  to  in  this 
Regulation and identify them in, or through, the websites as listed in Annex II. 

2. Member States shall notify the Commission of their competent authorities without 
delay  after  the  entry  into  force  of  this  Regulation  and  shall  notify  it  of  any 
subsequent amendment.’ 

(f) 

Annex II is replaced by the text in the Annex to this Regulation. 

EN 

4 

   EN 

 
This Regulation shall enter into force on the twentieth 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 
The President 

EN 

5 

   EN 

 
 
 
ANNEX  

“Annex II 

Websites for information on the competent authorities referred to in Articles 4, 7, 8, 9, 
12 and 13a and address for notifications to the European Commission 

(to be completed by Member States) 

BELGIUM 

BULGARIA  

CZECH REPUBLIC 

DENMARK 

GERMANY 

ESTONIA 

GREECE 

SPAIN 

FRANCE 

IRELAND 

ITALY 

CYPRUS 

LATVIA 

LITHUANIA 

LUXEMBOURG 

HUNGARY 

MALTA 

NETHERLANDS 

AUSTRIA 

POLAND 

PORTUGAL 

ROMANIA 

SLOVENIA 

EN 

6 

   EN 

 
SLOVAKIA 

FINLAND 

SWEDEN 

UNITED KINGDOM 

Address for notifications to the European Commission: 

Commission of the European Communities 

Directorate-General for External Relations 

Directorate A. Crisis Platform and Policy Coordination in CFSP 

Unit A.2. Crisis management and conflict prevention 

CHAR 12/108 

B-1049 Brussels 

Tel. (32-2) 299 1176/295 5585 

Fax (32-2) 299 0873” 

EN 

7 

   EN