Joint Proposal for a COUNCIL REGULATION suspending the application of certain restrictive measures laid down in Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar
Date: 2012-04-27
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, 27.4.2012  
JOIN(2012) 12 final 

2012/0101 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

suspending the application of certain restrictive measures laid down in Regulation (EC) 
No 194/2008 renewing and strengthening the restrictive measures in respect of 
Burma/Myanmar 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  194/2008  of  25  February  2008  renewing  and 
strengthening  the  restrictive  measures  in  respect  of  Burma/Myanmar1  provides  for 
certain  restrictive  measures,  including  restrictions  on  certain  imports  from  and 
exports  to  Burma/Myanmar,  a  freezing  of  the  funds  and  economic  resources  of 
certain  individuals  and  entities  and  restrictions  on  the  financing  of  certain 
enterprises. 

to  recent  developments 

Responding 
in  Burma/Myanmar,  Council  Decision 
2012/…/CFSP  modified  Decision  2010/232/CFSP  concerning  restrictive  measures 
against Burma/Myanmar in order to provide for the suspension, until 30 April 2013, 
of all restrictive measures except the arms embargo and the embargo on equipment 
which might be used for internal repression. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and 
the  European  Commission  therefore  propose  to  modify  Regulation  (EC)  No 
194/2008 in order to suspend most of the restrictive measures. 

1 

OJ L 66, 10.3.2008, p. 1. 

EN 

2 

   EN 

                                                 
2012/0101 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

suspending the application of certain restrictive measures laid down in 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  2012/…/CFSP  of  …  20122  amending  Council 
2010/232/CFSP concerning restrictive measures against Burma/Myanmar3, 

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  194/2008  of  25  February  2008  renewing  and 
strengthening  the  restrictive  measures  in  respect  of  Burma/Myanmar4  provides  for 
certain  measures,  including  restrictions  on  certain  imports  from  and  exports  to 
Burma/Myanmar,  a  freezing  of  the  funds  and  economic  resources  of  certain 
individuals and entities and restrictions on financing of certain enterprises. 

to 

recent  developments 

Responding 
in  Burma/Myanmar,  Council  Decision 
2012/…/CFSP  modified  Decision  2010/232/CFSP  in  order  to  provide  for  the 
suspension, until 30 April 2013, of all restrictive measures except the arms embargo 
and the embargo on equipment which might be used for internal repression. 

Regulation  (EC)  No  194/2008  should  therefore  be  modified  accordingly  to  suspend 
the application of most of the restrictive measures. 

The suspension of the freezing of funds and economic resources should be construed 
as  allowing  the  release  of  funds  and  economic  resources  that  were  frozen  in 
accordance  with  the  Regulation,  without  prior  authorisation  by  the  competent 
authorities, 

2 
3 
4 

OJ L …, …. 2012, p. …. 
OJ L 105, 27.4.2010, p. 22. 
OJ L 66, 10.3.2008, p. 1. 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

The  application  of  Articles  2,  5,  7(3),  8,  11,  15(2),  15(3)  and  15(7)  of  Regulation  (EC)  No 
194/2008 is suspended until 30 April 2013.  

The application of Article 7(5) of Regulation (EC) No 194/2008 is suspended until 30 April 
2013 in so far as it refers to Article 7(3). 

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 

EN 

4 

   EN