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Document 32013R0401
Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008
Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008
Council Regulation (EU) No 401/2013 of 2 May 2013 concerning restrictive measures in respect of Myanmar/Burma and repealing Regulation (EC) No 194/2008
OJ L 121, 03/05/2013, p. 1–7
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
In force: This act has been changed. Current consolidated version: 30/04/2024
Relation | Act | Comment | Subdivision concerned | From | To |
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Repeal | 32008R0194 | ||||
Repeal | 32008R0385 | ||||
Repeal | 32009R0353 | ||||
Repeal | 32009R0747 | ||||
Repeal | 32009R1267 | ||||
Repeal | 32010R0408 | ||||
Repeal | 32010R0411 | ||||
Repeal | 32011R0383 | ||||
Repeal | 32011R0891 | ||||
Repeal | 32011R1083 | ||||
Repeal | 32011R1345 | ||||
Repeal | 32012R0409 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Corrected by | 32013R0401R(01) | (PT) | |||
Modified by | 32018R0647 | Addition | article 4e | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4a | 27/04/2018 | |
Modified by | 32018R0647 | Addition | annex IV | 27/04/2018 | |
Modified by | 32018R0647 | Repeal | article 3 paragraph 4 | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4b | 27/04/2018 | |
Modified by | 32018R0647 | Replacement | article 4 paragraph 1 | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 3b | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4g | 27/04/2018 | |
Modified by | 32018R0647 | Repeal | article 3 paragraph 3 | 27/04/2018 | |
Modified by | 32018R0647 | Replacement | article 6 | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 3a | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 3c | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4h | 27/04/2018 | |
Modified by | 32018R0647 | Replacement | article 1 | 27/04/2018 | |
Modified by | 32018R0647 | Addition | annex III | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4d | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4f | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4i | 27/04/2018 | |
Modified by | 32018R0647 | Addition | article 4c | 27/04/2018 | |
Modified by | 32018R0898 | Addition | annex IV Text | 25/06/2018 | |
Modified by | 32018R1117 | Replacement | annex IV Text | 13/08/2018 | |
Modified by | 32018R2053 | Addition | annex IV point 8 | 21/12/2018 | |
Modified by | 32018R2053 | Addition | annex IV point 12 | 21/12/2018 | |
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Modified by | 32018R2053 | Addition | annex IV point 9 | 21/12/2018 | |
Modified by | 32018R2053 | Addition | annex IV point 11 | 21/12/2018 | |
Modified by | 32019R0672 | Replacement | annex IV point 6 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 11 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 14 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 8 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 13 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 1 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 10 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 4 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 3 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 2 | 01/05/2019 | |
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Modified by | 32019R0672 | Replacement | annex IV point 12 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 7 | 01/05/2019 | |
Modified by | 32019R0672 | Replacement | annex IV point 5 | 01/05/2019 | |
Modified by | 32019R1163 | Replacement | annex II | 09/07/2019 | |
Modified by | 32020R0562 | Replacement | annex IV point 3 | 25/04/2020 | |
Modified by | 32021R0479 | Replacement | article 4a paragraph 3 | 22/03/2021 | |
Modified by | 32021R0479 | Replacement | title | 22/03/2021 | |
Modified by | 32021R0479 | Addition | article 4da | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 15 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 22 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 16 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 18 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 20 | 22/03/2021 | |
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Modified by | 32021R0480 | Addition | annex IV point 23 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 24 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 17 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 21 | 22/03/2021 | |
Modified by | 32021R0480 | Addition | annex IV point 25 | 22/03/2021 | |
Modified by | 32021R0638 | Addition | annex IV table B | 19/04/2021 | |
Modified by | 32021R0638 | Addition | annex IV table B title | 19/04/2021 | |
Modified by | 32021R0638 | Addition | annex IV table A point 26-35 | 19/04/2021 | |
Modified by | 32021R0638 | Addition | annex IV table A title | 19/04/2021 | |
Modified by | 32021R0706 | Replacement | annex IV point 4 | 01/05/2021 | |
Modified by | 32021R0706 | Replacement | annex IV point 10 | 01/05/2021 | |
Modified by | 32021R0998 | Addition | annex IV section A point 36 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section A point 42 | 21/06/2021 | |
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Modified by | 32021R0998 | Addition | annex IV section A point 41 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section B point 4 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section A point 43 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section A point 39 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section B point 6 | 21/06/2021 | |
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Modified by | 32021R0998 | Addition | annex IV section A point 40 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section B point 5 | 21/06/2021 | |
Modified by | 32021R0998 | Addition | annex IV section B point 3 | 21/06/2021 | |
Modified by | 32022R0238 | Addition | article 4db | 21/02/2022 | |
Modified by | 32022R0239 | Addition | annex IV section B point 7 | 21/02/2022 | |
Modified by | 32022R0239 | Addition | annex IV section B point 10 | 21/02/2022 | |
Modified by | 32022R0239 | Addition | annex IV section B point 9 | 21/02/2022 | |
Modified by | 32022R0239 | Addition | annex IV section A point 44-65 | 21/02/2022 | |
Modified by | 32022R0239 | Addition | annex IV section B point 8 | 21/02/2022 | |
Modified by | 32022R0595 | Replacement | annex II | 13/04/2022 | |
Modified by | 32022R0662 | Replacement | annex IV section A point 23 | 23/04/2022 | |
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Modified by | 32022R0662 | Replacement | annex IV section A point 20 | 23/04/2022 | |
Modified by | 32022R0662 | Replacement | annex IV section A point 17 | 23/04/2022 | |
Modified by | 32022R0662 | Replacement | annex IV section A point 36 | 23/04/2022 | |
Modified by | 32022R0662 | Replacement | annex IV section A point 16 | 23/04/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 78 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 77 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 79 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 66 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 81 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 70 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 72 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 68 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 75 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 74 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section B point 11 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 71 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 69 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 73 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 83 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 80 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 67 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 82 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 84 | 08/11/2022 | |
Modified by | 32022R2177 | Addition | annex IV section A point 76 | 08/11/2022 | |
Modified by | 32023R0378 | Addition | annex IV section A point 90 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 16 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 92 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 13 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 85 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 88 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 86 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 14 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 15 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 89 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 93 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section A point 87 | 20/02/2023 | |
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Modified by | 32023R0378 | Addition | annex IV section A point 91 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 12 | 20/02/2023 | |
Modified by | 32023R0378 | Addition | annex IV section B point 18 | 20/02/2023 | |
Modified by | 32023R0886 | Replacement | annex IV section A point 27 | 28/04/2023 | |
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3.5.2013 |
EN |
Official Journal of the European Union |
L 121/1 |
COUNCIL REGULATION (EU) No 401/2013
of 2 May 2013
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 of 22 April 2013 concerning restrictive measures against Myanmar/Burma (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
(1) |
Regulation (EC) No 194/2008 of 25 February 2008 renewing and strengthening the restrictive measures in respect of Burma/Myanmar (2) provides for certain measures to be taken in relation to Myanmar/Burma, including restrictions on certain exports from Myanmar/Burma and a freezing of the assets of certain individuals and entities. |
(2) |
By Decision 2013/184/CFSP, the Council agreed, as a means of encouraging positive changes to continue, that all those restrictive measures should be lifted, with the exception of the arms embargo and the embargo on equipment which might be used for internal repression. |
(3) |
Council Regulation (EC) No 194/2008 should therefore be repealed, and certain of its provisions replaced by this Regulation. |
(4) |
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:
Article 1
For the purposes of this Regulation, the following definitions apply:
(1) |
‧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 Articles 349 and 355 thereof. It includes, within the meaning of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (3), placing in a free zone or free warehouse, placing under a suspensive procedure and release for free circulation, but it excludes transit and temporary storage; |
(2) |
‧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 in Articles 349 and 355 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; |
(3) |
‧exporter‧ means any natural or legal person on whose behalf an export declaration is made, being 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; |
(4) |
‧technical assistance‧ means any technical support related 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; |
(5) |
‧territory of the Union‧ means the territories to which the Treaty is applicable, under the conditions laid down in the Treaty. |
CHAPTER 1
Article 2
1. 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.
2. 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.
Article 3
1. It shall be prohibited:
(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; |
(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. |
3. 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.
4. 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 those prohibitions.
Article 4
1. By way of derogation from Articles 2(1) and 3(2), and subject to Article 5, 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) |
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; |
(b) |
the sale, supply, transfer or export of de-mining equipment and material for use in de-mining operations; and |
(c) |
the provision of financing and financial assistance and technical assistance related to equipment, material, programmes and operations referred to in points (a) and (b). |
2. By way of derogation from Article 3(1), and subject to Article 5, 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. |
CHAPTER 2
Article 5
The authorisations referred to in Article 4 shall not be granted for activities that have already taken place.
Article 6
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 their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 7
The Commission shall be empowered to amend Annex II on the basis of information supplied by Member States.
Article 8
1. 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.
2. 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
1. Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites listed in Annex II.
2. 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.
Article 10
This Regulation shall apply:
(a) |
within the territory of the Union, including its airspace; |
(b) |
on board any aircraft or any vessel under the jurisdiction of a Member State; |
(c) |
to any person inside or outside the territory of the Union who is a national of a Member State; |
(d) |
to any legal person, entity or body which is incorporated or constituted under the law of a Member State; |
(e) |
to any legal person, entity or body in respect of any business done in whole or in part within the Union. |
Article 11
Regulation (EC) No 194/2008 is hereby repealed.
Article 12
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 May 2013.
For the Council
The President
E. GILMORE
ANNEX I
List of equipment which might be used for internal repression as referred to in Articles 2, 3 and 4
1. |
Firearms, ammunition and related accessories therefor, as follows:
|
2. |
Bombs and grenades not controlled by the EU Common Military List. |
3. |
Vehicles as follows:
|
4. |
Explosive substances and related equipment as follows:
|
5. |
Protective equipment not controlled by ML 13 of the EU Common Military List as follows:
|
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. |
(1) Common Military List of the European Union (adopted by the Council on 11 March 2013) (OJ C 30, 27.3.2013, p. 1).
ANNEX II
Websites for information on the competent authorities referred to in Articles 4, 7 and 9 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
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
http://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/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.mzv.sk/sk/europske_zalezitosti/sankcie_eu-sankcie_eu
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
http://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 |