Proposal for a Council Regulation(EU) No …/.. amending Council Regulation (EC) No 194/2008 renewing and further strengthening the restrictive measures in respect of Burma/Myanmar (presented jointly by the High Representative of the EU for Foreign Affairs and Security Policy and the Commission
Date: 2010-04-26
Institutions: European Commission
Subjects: Myanmar/Burma, common foreign and security policy, economic sanctions, human rights, international sanctions, restriction of liberty, trade restriction

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EUROPEAN COMMISSION 

Brussels, 26.4.2010 
COM(2010)180 final 

2010/0099 (NLE) 

Proposal for a 

COUNCIL REGULATION(EU) No …/.. 

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

(presented jointly by the High Representative of the EU  
for Foreign Affairs and Security Policy and the Commission 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Article  2b  of  Common  Position  2006/318/CFSP  renewing  restrictive  measures 
against  Burma/Myanmar  provides  that  the  purchase  in  Burma/Myanmar,  or  the 
import  or  transport  from  Burma/Myanmar  of  certain  specified  categories  of  goods 
are to be prohibited. 

Article 3 of Common Position 2006/318/CFSP provides that non-humanitarian aid or 
development programmes are to be suspended, but that exceptions are to be made for 
projects and programmes in support of certain specified objectives. 

Council  Regulation  (EC)  No  194/2008  gives  effect  to  the  prohibition  on  the 
purchase, import and transport of the categories of goods specified in Article 2(2). It 
should  however  be  clarified  that  the  prohibition  on  the  purchase  of  those  goods  in 
Burma/Myanmar  should  not  apply  where  that  purchase  is  made  as  part  of  a 
humanitarian aid project or programme, or a non-humanitarian development project 
or programme which is in support of the objectives described in Article 3(a), (b) and 
(c) of Common Position 2006/318/CFSP. 

(4) 

Council  Regulation  (EC)  No  194/2008  should  therefore  be  amended  to  clarify  that 
the exception is to apply to those activities. 

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2010/0099 (NLE) 

Proposal for a 

COUNCIL REGULATION(EU) No …/.. 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215(1) thereof, 

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

Having  regard  to  a  joint  proposal  from  the  European  Commission  and  the  High 
Representative for Foreign Affairs and Security Policy. 

Whereas: 

(1) 

(2) 

(3) 

Article 2b of Common Position 2006/318/CFSP provides that the purchase, import and 
transport of certain specified categories of goods are to be prohibited. 

Article 3 of Common Position 2006/318/CFSP provides that non-humanitarian aid or 
development programmes are to be suspended, but that exceptions are to be made for 
projects and programmes in support of certain specified objectives. 

Council Regulation (EC) No 194/2008 gives effect to the prohibition on the purchase, 
import  and  transport  of  the  categories  of  goods  specified  in  Article  2(2).  It  should 
however  be  clarified  that  the  prohibition  on  the  purchase  of  those  goods  in 
Burma/Myanmar  should  not  apply  where  that  purchase  is  made  as  part  of  a 
humanitarian aid project or programme, or a non-humanitarian development project or 
programme which is in support of the objectives described in Article 3(a), (b) and (c) 
of Common Position 2006/318/CFSP. 

(4) 

Council Regulation (EC) No 194/2008 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

In Article 2 of Regulation (EC) No 194/2008, the following paragraph is added: 

Article 1 

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OJ L116, 29.04.2006, p 77 

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“5. 
The prohibition on the purchase of restricted goods in paragraph (2)(b) shall not apply 
to humanitarian aid projects or programmes, or to non-humanitarian development projects and 
programmes, conducted in Burma/Myanmar, in support of: 

(a) human rights, democracy, good governance, conflict prevention and building the capacity 
of civil society; 

(b) health and education, poverty alleviation and in particular the provision of basic needs and 
livelihoods for the poorest and most vulnerable populations; or 

(c) environmental protection and, in particular, programmes addressing the problem of non-
sustainable, excessive logging resulting in deforestation, 

The relevant competent authority, as indicated in the websites listed in Annex IV, shall first 
authorise  the  purchase  of  the  restricted  goods  in  question.  The  relevant  Member  State  shall 
inform the other Member States and the Commission of any authorisation granted under this 
paragraph.” 

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

Article 2 

Article 3 

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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