Joint Proposal for a COUNCIL REGULATION concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008
Date: 2013-04-30
Institutions: European Commission, High Representative of the Union
Subjects: Myanmar/Burma, arms control, economic sanctions, international sanctions, trade restriction

EUROPEAN 
COMMISSION 

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

Brussels, 30.4.2013  
JOIN(2013) 12 final 

2013/0144 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

concerning restrictive measures in respect of Myanmar/Burma and repealing 
Regulation (EC) No 194/2008 

EN 

   EN 

 
 
 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

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

to  Myanmar/Burma, 

The Council has decided, as a means of encouraging positive changes to continue, to 
lift all restrictive measures with the exception of the arms embargo and the embargo 
on equipment which might be used for internal repression. 

The  High  Representative  of  the  EU  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission  propose  to  maintain  those  restrictive  measures  in  this  proposed 
Regulation and repeal Council Regulation (EC) No 194/2008. 

EN 

2 

   EN 

 
2013/0144 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

concerning restrictive measures in respect of Myanmar/Burma and repealing 
Regulation (EC) No 194/2008 

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  2013/184/CFSP  concerning  restrictive  measures  against 
Myanmar/Burma and repealing Decision 2010/232/CFSP, 

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) 

(3) 

(4) 

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

to  Myanmar/Burma, 

By  Council  Decision  2013/184/CFSP,  the  Council  has  agreed,  as  a  means  of 
encouraging positive changes to continue that all restrictive measures should be lifted 
with the exception of the arms embargo and the embargo on equipment which might 
be used for internal repression. 

Council Regulation (EC) No 194/2008 should be repealed. 

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation should enter into force on the day of its publication, 

HAS ADOPTED THIS REGULATION: 

For the purposes of this Regulation, the following definitions shall apply: 

Article 1 

(a) 

‘import’  means  any  entry  of  goods into the customs territory of the Union or 
other territories to which the Treaty applies, under the conditions laid down in 
Article 299  thereof.  It  includes,  within  the  meaning  of  Council  Regulation 
(EEC)  No 2913/92  of  12 October  1992  establishing  the  Community  Customs 
Code1,  the  placing  in  a  free  zone  or  free  warehouse,  the  placing  under  a 
suspensive procedure and the release for free circulation, but it excludes transit 
and temporary storage; 

(b) 

‘export’ means any departure of goods from the customs territory of the Union 
or other territories to which the Treaty applies, under the conditions laid down 

1 

OJ  L  302,  19.10.1992,  p.  1.  Regulation  as  last  amended  by  Regulation  No  1791/2006  (OJ  L  363, 
20.12.2006, p. 1). 

EN 

3 

   EN 

 
                                                 
(c) 

(d) 

in  Article 299  thereof.  It  includes,  within  the  meaning  of  Regulation  (EEC) 
No 2913/92, the departure of goods that requires a customs declaration and the 
departure  of  goods  after  their  storage  in  a  free  zone  of  control  type  I  or  free 
warehouse, but it excludes transit; 

‘exporter’  means  any  natural  or  legal  person  on  whose  behalf  an  export 
declaration  is  made,  that  is  to  say  the  person  who,  at  the  time  when  the 
declaration  is  accepted,  holds  the  contract  with  the  consignee  in  the  third 
country and has the power for determining the sending of the item out of the 
customs territory of the Union or other territories to which the Treaty applies; 

‘technical  assistance’  means  any 
to  repairs, 
development,  manufacture,  assembly,  testing,  maintenance,  or  any  other 
technical  service,  and  may  take  such  forms  as  instruction,  advice,  training, 
transmission  of  working  knowledge  or  skills  or  consulting  services;  technical 
assistance shall include verbal forms of assistance; 

technical  support  related 

(e) 

‘territory of the Union’ means the territories to which the Treaty is applicable, 
under the conditions laid down in the Treaty. 

Article 2 

Export restrictions 

1. 

2. 

It  shall  be  prohibited  to  sell,  supply,  transfer  or  export,  directly  or  indirectly, 
equipment which might be used for internal repression as listed in Annex I, whether 
or not originating in the Union, to any natural or legal person, entity or body in, or 
for use in Myanmar/Burma. 

Paragraph 1 shall not apply to protective clothing, including flak jackets and helmets, 
temporarily exported to Myanmar/Burma by United Nations personnel, personnel of 
the  European  Union  or  its  Member  States,  representatives  of  the  media  and 
humanitarian  and  development  workers  and  associated  personnel  for  their  personal 
use only. 

1. 

It shall be prohibited: 

Article 3 

(a) 

to  provide  technical  assistance  related  to  military  activities  and  to  the 
provision,  manufacture,  maintenance  and  use  of  arms  and  related  materiel  of 
all types, including weapons and ammunition, military vehicles and equipment, 
paramilitary  equipment,  and  spare  parts  for  the  aforementioned,  directly  or 
indirectly  to  any  natural  or  legal  person,  entity  or  body  in,  or  for  use  in 
Myanmar/Burma; 

(b) 

to  provide  financing  or  financial  assistance  related  to  military  activities, 
including, in particular, grants, loans and export credit insurance for any sale, 
supply, transfer or export of arms and related materiel, directly or indirectly to 
any natural or legal person, entity or body in, or for use in Myanmar/Burma. 

2. 

It shall be prohibited: 

(a) 

to  provide  technical  assistance  related  to  the  equipment  which  might  be  used 
for internal repression as listed in Annex I, directly or indirectly to any natural 
or legal person, entity or body in, or for use in Myanmar/Burma; 

EN 

4 

   EN 

 
3. 

4. 

1. 

(b) 

to  provide  financing  or  financial  assistance  related  to  the  equipment  listed  in 
Annex I,  including,  in  particular,  grants,  loans  and  export  credit  insurance, 
directly or indirectly to any natural or legal person, entity or body in, or for use 
in Myanmar/Burma. 

It  shall  be  prohibited  to  participate,  knowingly  and  intentionally,  in  activities  the 
object or effect of which is to circumvent the prohibitions referred to in paragraphs 1 
and 2. 

The prohibitions set out in paragraphs 1(b) and 2(b) shall not give rise to liability of 
any kind on the part of the natural or legal persons or entities concerned, if they did 
not know, and had no reasonable cause to suspect, that their actions would infringe 
these prohibitions. 

Article 4 

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

(a) 

(b) 

(c) 

the  sale,  supply,  transfer  or  export  of  equipment  which  might  be  used  for 
internal  repression  as  listed  in  Annex I,  intended  solely  for  humanitarian  or 
protective  use,  or  for  institution-building  programmes  of  the  United  Nations 
and  the  European  Union,  or  for  European  Union  and  United  Nations  crisis-
management operations; 

the sale, supply, transfer or export of de-mining equipment and material for use 
in de-mining operations; and 

the  provision  of  financing  and  financial  assistance  and  technical  assistance 
related  to  equipment,  material,  programmes  and  operations  referred  to  in 
subparagraphs (a) and (b). 

2. 

By  way  of  derogation  from  Article 3(1),  the  competent  authorities  in  the  Member 
States,  as  listed  in  Annex II,  may  authorise,  under  such  conditions  as  they  deem 
appropriate,  the  provision  of  financing  and  financial  assistance  and  technical 
assistance related to: 

(a) 

non-lethal  military  equipment  intended  solely  for  humanitarian  or  protective 
use,  or  for  institution-building  programmes  of  the  United  Nations  and  the 
European Union; 

(b)  materiel  intended  for  European  Union  and  United  Nations  crisis-management 

operations. 

The  authorisations  referred  to  in  this  Chapter  shall  not  be  granted  for  activities  that  have 
already taken place. 

Article 5 

Article 6 

General and final provisions 

The  Commission  and  Member  States  shall  immediately  inform  each  other  of  the  measures 
taken under this Regulation and shall supply each other with any other relevant information at 

EN 

5 

   EN 

 
their  disposal  in  connection  with  this  Regulation,  in  particular  information  in  respect  of 
violation and enforcement problems and judgments handed down by national courts. 

The Commission shall be empowered to amend Annex II on the basis of information supplied 
by Member States. 

Article 7 

1. 

2. 

1. 

2. 

Article 8 

Member States shall lay down the rules on penalties applicable to infringements of 
the provisions of this Regulation and shall take all measures necessary to ensure that 
they  are  implemented.  The  penalties  provided  for  must  be  effective,  proportionate 
and dissuasive. 

Member  States  shall  notify  the  Commission  of  those  rules  without  delay  after  the 
entry into force of this Regulation and shall notify it of any subsequent amendment. 

Article 9 

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

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 changes. 

This Regulation shall apply: 

Article 10 

(a) 

(b) 

(c) 

(d) 

(e) 

within the territory of the Union, including its airspace; 

on board any aircraft or any vessel under the jurisdiction of a Member State; 

to  any  person  inside  or  outside  the  territory  of  the  Union  who  is  a  national  of  a 
Member State; 

to any legal person, entity or body which is incorporated or constituted under the law 
of a Member State; 

to any legal person, entity or body in respect of any business done in whole or in part 
within the Union. 

Regulation (EC) No 194/2008 is hereby repealed. 

Article 11 

EN 

6 

   EN 

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

Article 12 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the Council 
The President 

EN 

7 

   EN 

 
 
 
List of equipment which might be used for internal repression as referred to in 
Articles 4; 5 and 9 

ANNEX I 

1.  Fire-arms, ammunition and related accessories therefor, as follows: 

1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List2; 

1.2. Ammunition specially designed for the firearms listed in 1.1 and specially designed 

components therefor; 

1.3. Weapon-sights not controlled by the EU Common Military List. 

2.  Bombs and grenades not controlled by the EU Common Military List. 

3.  Vehicles as follows: 

3.1. Vehicles  equipped  with  a  water  cannon,  specially  designed  or  modified  for  the 

purpose of riot control; 

3.2. Vehicles specially designed or modified to be electrified to repel borders; 

3.3. Vehicles  specially  designed  or  modified 

to  remove  barricades, 

including 

construction equipment with ballistic protection; 

3.4. Vehicles  specially  designed  for  the  transport  or  transfer  of  prisoners  and/or 

detainees; 

3.5. Vehicles specially designed to deploy mobile barriers; 

3.6. Components  for  the  vehicles  specified  in  3.1  to  3.5  specially  designed  for  the 

purposes of riot control. 

Note  1:  This  item  does  not  control  vehicles  specially  designed  for  the  purposes  of 
fire-fighting. 

Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers. 

4.  Explosive substances and related equipment as follows: 

4.1. Equipment and devices specially designed to initiate explosions by electrical or non-
electrical  means,  including  firing  sets,  detonators,  igniters,  boosters  and  detonating 
cord,  and  specially  designed  components  therefor;  except  those  specially  designed 
for a specific commercial use consisting of the actuation or operation by explosive 
means  of  other  equipment  or  devices  the  function  of  which  is  not  the  creation  of 
explosions  (e.g.,  car  air-bag  inflaters,  electric-surge  arresters  of  fire  sprinkler 
actuators); 

4.2. Linear cutting explosive charges not controlled by the EU Common Military List; 

4.3. Other  explosives  not  controlled  by  the  EU  Common  Military  List  and  related 

substances as follows: 

(a) amatol; 

(b) nitrocellulose (containing more than 12,5 % nitrogen); 

2 

Common Military List of the European Union (adopted by the Council on 19 March 2007) (equipment 
covered  by  the  European  Union  Code  of  Conduct  on  Arms  Exports)  (updating  and  replacing  the 
Common Military List of the European Union adopted by the Council on 27 February 2006) (OJ L 88, 
29.3.2007, p. 58). 

EN 

8 

   EN 

 
 
 
                                                 
(c) nitroglycol; 

(d) pentaerythritol tetranitrate (PETN); 

(e) picryl chloride; 

(f) 2,4,6-trinitrotoluene (TNT). 

5.  Protective  equipment  not  controlled  by  ML  13  of  the  EU  Common  Military  List  as 

follows: 

5.1. Body armour providing ballistic and/or stabbing protection; 

5.2. Helmets  providing  ballistic  and/or  fragmentation  protection,  anti-riot  helmets, 

antiriot shields and ballistic shields. 

Note: This item does not control: 

—equipment specially designed for sports activities; 

—equipment specially designed for safety of work requirements. 

6.  Simulators, other than those controlled by ML 14 of the EU Common Military List, for 

training in the use of firearms, and specially designed software therefor. 

7.  Night  vision,  thermal  imaging  equipment  and  image  intensifier  tubes,  other  than  those 

controlled by the EU Common Military List. 

8.  Razor barbed wire. 

9.  Military knives, combat knives and bayonets with blade lengths in excess of 10 cm. 

10.  Production equipment specially designed for the items specified in this list. 

11.  Specific technology for the development, production or use of the items specified in this 

list. 

EN 

9 

   EN 

 
 
 
ANNEX II 

Web sites for information on the competent authorities referred to in 
Articles 4, 7 and 8 
and address for notifications to the European Commission 

BELGIUM 

http://www.diplomatie.be/eusanctions 

BULGARIA 

http://www.mfa.bg/en/pages/135/index.html 

CZECH REPUBLIC 

http://www.mfcr.cz/mezinarodnisankce 

DENMARK 

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/ 

GERMANY 

http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html 

ESTONIA 

http://www.vm.ee/est/kat_622/ 

IRELAND 

http://www.dfa.ie/home/index.aspx?id=28519 

GREECE 

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html 

SPAIN 

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_

%20Internacionales.aspx 

FRANCE 

http://www.diplomatie.gouv.fr/autorites-sanctions/ 

ITALY 

http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm 

CYPRUS 

EN 

10 

   EN 

 
 
http://www.mfa.gov.cy/sanctions 

LATVIA 

http://www.mfa.gov.lv/en/security/4539 

LITHUANIA 

http://www.urm.lt/sanctions 

LUXEMBOURG 

http://www.mae.lu/sanctions 

HUNGARY 

http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/ 

MALTA 

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp 

NETHERLANDS 

www.rijksoverheid.nl/onderwerpen/internationale-vrede-en-veiligheid/sancties 

AUSTRIA 

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= 

POLAND 

http://www.msz.gov.pl 

PORTUGAL 

http://www.min-nestrangeiros.pt 

ROMANIA 

http://www.mae.ro/node/1548 

SLOVENIA 

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarod

na_varnost/omejevalni_ukrepi/  

SLOVAKIA 

http://www.mzv.sk/sk/europske_zalezitosti/sankcie_eu-sankcie_eu 

FINLAND 

EN 

11 

   EN 

 
http://formin.finland.fi/kvyhteistyo/pakotteet 

SWEDEN 

http://www.ud.se/sanktioner 

UNITED KINGDOM 

www.fco.gov.uk/competentauthorities 

Address for notifications to the European Commission: 

European Commission  

Service for Foreign Policy Instruments (FPI) 

EEAS 02/309 

B-1049 Brussels  

Belgium 

E-mail: relex-sanctions@ec.europa.eu 

EN 

12 

   EN