Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar
Date: 2011-09-16
Institutions: European Commission, High Representative of the Union
Subjects: Myanmar/Burma, economic sanctions, international sanctions, trade restriction

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 16.9.2011 
COM(2011) 565 final 

2011/0241 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

Council Regulation (EC) No 194/2008 provides for certain measures to be taken in relation to 
Burma/Myanmar,  including  restrictions  on  certain  exports  from  Burma/Myanmar  and  a 
freezing of the assets of certain individuals and entities.  

By  Council  Decision  2011/239/CFSP  of  12  April  20111  amending  Council  Decision 
2010/232/CFSP  renewing  restrictive  measures  against  Burma/Myanmar,  the  Council  has 
agreed on certain amendments. 

The  High  Representative  of  the  EU  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission propose to amend Council Regulation (EC) No 194/2008 accordingly. 

Additionally,  the  provisions  in  Regulation  (EC)  No  194/2008  relating  to  amendment  to  the 
lists of targeted persons and entities should be amended to take account of the requirement for 
legal  safeguards  provided  for  in  Art  215(3)  TFEU  and  the  jurisprudence  of  the  European 
Court of Justice. 

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EN 

OJ L 101 , 15 April 2011, p. 24 . 

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   EN 

                                                 
2011/0241 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 194/2008 renewing and 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 thereof, 

Having  regard  to  Council  Decision  2011/239/CFSP  of  12  April  20112  amending  Decision 
2010/232/CFSP renewing restrictive measures against Burma/Myanmar, 

Having  regard  to  the  joint  proposal  from  the  High  Representative  of  the  Union  for  Foreign 
Affairs and Security Policy and the Commission, 

Whereas: 

(1) 

(2) 

Council  Regulation  (EC)  No  194/2008  of  25  February  2008  renewing  and 
strengthening  the  restrictive  measures  in  respect  of  Burma/Myanmar  and  repealing 
Regulation (EC) No 817/20063 provides for certain measures to be taken in relation to 
Burma/Myanmar, including restrictions on certain exports from Burma/Myanmar and 
a freezing of the assets of certain individuals and entities.  

By  Decision  2011/239/CFSP,  the  Council  has  made  amendments  to  Decision 
2010/232/CFSP4.  Certain  of  the  amendments,  in  particular  those  relating  to  the 
freezing  of  funds  of  certain  individuals  and  entities,  require  further  action  by  the 
Union. 

(3) 

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

HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 11 is replaced by the following: 

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3 
4 

OJ L 101, 15 April 2011, p. 24 
OJ L 66, 10.3.2008, p. 1. 
OJ L 105, 27.4.2010, p. 32. 

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“Article 11 

1.  All funds and economic resources belonging to, owned, held or controlled by 
the  natural  or  legal  persons,  entities  and  bodies  listed  in  Annex  VI  shall  be 
frozen.  

2.  No funds or economic resources shall be made available, directly or indirectly, 
to or for the benefit of the natural or legal persons, entities or bodies listed in 
Annex VI. 

3. 

4. 

The participation, knowingly and intentionally, in activities the object or effect 
of  which  is,  directly  or  indirectly,  to  circumvent  the  measures  referred  to  in 
paragraphs 1 and 2 shall be prohibited. 

The prohibition set out in paragraph 2 shall not give rise to liability of any kind 
on the part of the natural or legal persons or entities concerned, if the did not 
know, and had no reasonable cause to suspect, that their actions would infringe 
this prohibition.” 

(2) 

The following Article 11a is inserted: 

1.  Annex VI shall include  

“Article 11a 

(a) 

(b) 

(c) 

senior  members  of  the  former  State  Peace  and  Development  Council 
(SPDC),  Burmese  authorities  in  the  tourism  sector,  senior  members  of 
the  military,  the  Government  or  the  security  forces  who  formulate, 
implement  or  benefit  from  policies  that  impede  Burma/Myanmar's 
transition to democracy, and members of their families; 

senior  serving  members  of  the  Burmese  military  and  members  of  their 
families; 

natural  or  legal  persons,  entities  or  bodies  associated  with  persons 
referred to in point (a) and (b). 

2.  Annex VI shall include only the following information on listed natural or legal 

persons, entities or bodies: 

(a) 

for  identification  purposes:  in  the  case  of  natural  persons,  surname  and 
given names (including alias names and titles, if any); date and place of 
birth;  nationality;  passport  and  identity  card  numbers;  tax  and  social 
security  numbers;  sex;  address  or  other  information  on  whereabouts; 
function  held  or  profession;  in  the  case  of  legal  persons,  entities  or 
bodies,  name,  place  and  date  of  registration,  registration  number  and 
place of business. 

(b) 

the  date  on  which  the  natural  or  legal  person,  entity  or  body  has  been 
included in Annex; 

(c) 

the grounds for listing. 

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3.  Annex  VI  may  also  include  information  on  family  members  of  the  persons 
listed,  provided  that  the  inclusion  of  this  information  is  considered  to  be 
necessary in a specific case for the sole purpose of verifying the identity of the 
listed natural person in question.” 

(3) 

Article 18 is replaced by the following: 

1. 

The Commission shall be empowered to: 

“Article 18 

(a) 

(b) 

amend Annex IV on the basis of information supplied by Member States; 
and 

amend Annexes V, VI and VII on the basis of decisions taken in respect 
of Annex I, II and III to Council Decision 2010/232/CFSP. 

2. 

The  Commission  shall  state,  in  Annex  VI,  the  grounds  for  its  decision  to 
include an entry in that Annex, and shall draw its decisions to the attention of 
the  listed  persons,  entities  and  bodies  through  the  publication  of  a  notice, 
providing such person, entitity or body as has been listed with an opportunity 
to submit observations. 

3.  Where  such  observations  are  submitted,  the  Commission  shall  review  its 
decision  in  light  of  the  observations  and  any  other  relevant  information  and 
inform the person, entity or body accordingly.  

4. 

The  Commission  shall  process  personal  data  in  order  to  carry  out  its  tasks 
under this Regulation. These tasks include:  

(a) 

(b) 

(c) 

preparing  and  making  amendments  of  Annex  V,  VI  and  VII  to  this 
Regulation;  

including the contents of these annexes in the electronic, consolidated list 
of persons, groups and entities subject to EU financial sanctions available 
on the Commission website5;  

processing  of  information  on  the  impact  of  the  measures  of  this 
Regulation  such  as  the  value  of  frozen  funds  and  information  on 
authorisations granted by the competent authorities. 

5. 

The  Commission  may  process  relevant  data  relating  to  criminal  offences 
committed  by  listed  natural  persons,  and  to  criminal  convictions  or  security 
measures  concerning  such  persons,  only  to  the  extent  that  such  processing  is 
necessary for the preparation of Annex VI to this Regulation. Such data shall 
not be made public or exchanged. 

6. 

For the purposes of this Regulation, the Commission unit listed in Annex IV is 
designated  as  “controller”  for  the  Commission  within  the  meaning  of  Article 

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http://ec.europa.eu/external_relations/cfsp/sanctions/consol-list_en.htm 

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2(d) of Regulation (EC) No 45/2001, in order to ensure that the natural persons 
concerned can exercise their rights under Regulation (EC) No 45/2001.” 

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 
The President 

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