Council Regulation (EC) No 817/2006 (repealed)Show full title

Council 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renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 798/2004 (repealed)

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/Myanmar(1),

Having regard to the proposal from the Commission,

Whereas:

(1) On 28 October 1996, the Council, concerned at the absence of progress towards democratisation and at the continuing violation of human rights in Burma/Myanmar, imposed certain restrictive measures against Burma/Myanmar by Common Position 1996/635/CFSP(2). These measures were subsequently extended and amended by Common Position 2000/346/CFSP(3), repealed by Common Position 2003/297/CFSP(4), and then renewed by Common Position 2004/423/CFSP(5), reinforced by Common Position 2004/730/CFSP(6), amended by Common Position 2005/149/CFSP(7) and extended and amended by Common Position 2005/340/CFSP(8). Some of the restrictive measures imposed against Burma/Myanmar were implemented at Community level by Council Regulation (EC) No 798/2004 of 26 April 2004 renewing the restrictive measures in respect of Burma/Myanmar and repealing Regulation (EC) No 1081/2000(9).

(2) In view of the current political situation in Burma/Myanmar, as witnessed by:

• the failure of the military authorities to enter into substantive discussions with the democratic movement concerning a process leading to national reconciliation, respect for human rights and democracy,

• the failure to allow a genuine and open National Convention,

• the continuing detention of Daw Aung San Suu Kyi, other members of the National League for Democracy (NLD) and other political detainees,

• the continued harassment of the NLD and other organised political movements,

• the continuing serious violations of human rights, including the failure to take action to eradicate the use of forced labour in accordance with the recommendations of the International Labour Organisation's High-Level Team report of 2001 and recommendations and proposals of subsequent ILO missions; and

• recent developments such as increasing restrictions on the operation of international organisations and non-governmental organisations,

Common Position 2006/318/CFSP provides for the maintenance of the restrictive measures against the military regime in Burma/Myanmar, those who benefit most from its misrule and those who actively frustrate the process of national reconciliation, respect for human rights and democracy.

(3) The restrictive measures provided for by Common Position 2006/318/CFSP include a ban on technical assistance, financing and financial assistance related to military activities, a ban on the export of equipment which might be used for internal repression, the freezing of funds and economic resources of members of the Government of Burma/Myanmar and of any natural or legal persons, entities or bodies associated with them, and a prohibition on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enterprises.

(4) These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application by economic operators in all Member States, Community legislation is necessary to implement them as far as the Community is concerned.

(5) For the sake of clarity, a new text containing all the relevant provisions as amended should be adopted, replacing Regulation (EC) No 798/2004, which should be repealed.

(6) This Regulation should enter into force on the day of its publication so as to ensure that the measures provided for in it are effective,

HAS ADOPTED THIS REGULATION:

(1)

OJ L 116, 29.4.2006, p. 77.

(2)

OJ L 287, 8.11.1996, p. 1.

(3)

OJ L 122, 24.5.2000, p. 1.

(4)

OJ L 106, 29.4.2003, p. 36. Common Position as last amended by Decision 2003/907/CFSP (OJ L 340, 24.12.2003, p. 81).

(5)

OJ L 125, 28.4.2004, p. 61. Common Position as last amended by Common Position 2005/340/CFSP (OJ L 108, 29.4.2005, p. 88).

(6)

OJ L 323, 26.10.2004, p. 17.

(7)

OJ L 49, 22.2.2005, p. 37.

(8)

OJ L 108, 29.4.2005, p. 88.

(9)

OJ L 125, 28.4.2004, p. 4. Regulation as last amended by Commission Regulation (EC) No 1263/2005 (OJ L 201, 2.8.2005, p. 25).