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Document 32004E0730
Council Common Position 2004/730/CFSP of 25 October 2004 on additional restrictive measures against Burma/Myanmar and amending Common Position 2004/423/CFSP
Council Common Position 2004/730/CFSP of 25 October 2004 on additional restrictive measures against Burma/Myanmar and amending Common Position 2004/423/CFSP
Council Common Position 2004/730/CFSP of 25 October 2004 on additional restrictive measures against Burma/Myanmar and amending Common Position 2004/423/CFSP
IO L 323, 26.10.2004, p. 17–22
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
IO L 153M, 7.6.2006, p. 9–14
(MT)
No longer in force, Date of end of validity: 30/04/2006
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26.10.2004 |
EN |
Official Journal of the European Union |
L 323/17 |
COUNCIL COMMON POSITION 2004/730/CFSP
of 25 October 2004
on additional restrictive measures against Burma/Myanmar and amending Common Position 2004/423/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 15 thereof,
Whereas:
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(1) |
On 26 April 2004, the Council adopted Common Position 2004/423/CFSP (1) renewing restrictive measures against Burma/Myanmar. |
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(2) |
In view of the current political situation in Burma/Myanmar, as witnessed by the failure of the military authorities to release Daw Aung San Suu Kyi and other members of the National League for Democracy (NLD) as well as other political detainees, and the failure to allow a genuine and open National Convention, and in view of the continued harassment of the NLD and other organised political movements, the Council, as noted in its conclusions of 13 September 2004, deems it necessary to introduce additional measures to those contained in Common Position 2004/423/CFSP 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. |
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(3) |
Accordingly, the scope of these measures should be extended to include serving members of the military of the rank of Brigadier-General and above and members of their families and a prohibition should be introduced on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enterprises. |
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(4) |
In the case of a substantial improvement in the overall political situation in Burma/Myanmar, not only the suspension of these restrictive measures, but also the gradual resumption of cooperation with Burma/Myanmar will be considered, after assessment of developments by the Council. |
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(5) |
Action by the Community is needed in order to implement certain of these measures, |
HAS ADOPTED THIS COMMON POSITION:
Article 1
Common Position 2004/423/CFSP is hereby amended as follows:
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1. |
Article 5 shall be replaced by the following: ‘Article 5 Non-humanitarian aid or development programmes shall be suspended. Exceptions shall be made for projects and programmes in support of:
The programmes and projects should be implemented through UN agencies, non-governmental organisations, and through decentralised cooperation with local civilian administrations. In this context, the European Union will continue to engage with the government of Burma over its responsibility to make greater efforts to attain the UN Millennium Development Goals. Programmes and projects should, as far as possible, be defined, monitored, run and evaluated in consultation with civil society and all democratic groups, including the National League for Democracy.’; |
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2. |
Article 6(1) shall be replaced by the following: ‘1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of:
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3. |
Article 7 shall be amended as follows:
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4. |
Article 9 shall be replaced by the following: ‘Article 9 The Council, acting upon a proposal by a Member State or the Commission, shall adopt modifications to the list set out in Annex I as required.’; |
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5. |
Article 10 shall be replaced by the following: ‘Article 10 This Common Position shall apply for a 12-month period. It shall be kept under constant review. It shall be renewed, or amended as appropriate, in particular as regards the Burmese state-owned enterprises, as listed in Annex II, if the Council deems that its objectives have not been met.’; |
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6. |
the Annex shall be renamed ‘Annex I’. |
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7. |
A new Annex shall be added as set out in the Annex hereto. |
Article 2
This Common Position shall take effect on the date of its adoption.
Article 3
This Common Position shall be published in the Official Journal of the European Union.
Done at Luxembourg, 25 October 2004.
For the Council
The President
R. VERDONK
ANNEX
‘ANNEX II
List of Burmese State-owned enterprises referred to in article 7(5)
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Name |
Address |
Name of Director |
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| I. UNION OF MYANMAR ECONOMIC HOLDING LTD |
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UNION OF MYANMAR ECONOMIC HOLDING LTD |
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MAJ-GEN WIN HLAING, MANAGING DIRECTOR |
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| A. MANUFACTURING |
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COL MAUNG MAUNG AYE, MANAGING DIRECTOR |
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| B. TRADING |
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COL MYINT AUNG, MANAGING DIRECTOR |
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| C. SERVICES |
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BRIG-GEN WIN HLAING AND U TUN KYI, MANAGING DIRECTORS |
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AND/OR
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COL MYO MYINT, MANAGING DIRECTOR |
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JOINT VENTURES AND SUBSIDIARIES |
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| A. MANUFACTURING |
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U BE AUNG, MANAGER |
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RETD LT-COL MAUNG MAUNG AYE, CHAIRMAN |
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U AYE CHO AND/OR LT-COL TUN MYINT, MANAGING DIRECTOR |
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U NYO MIN OO |
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| B. TRADING |
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| C. SERVICES |
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DR. KHIN SHWE, CHAIRMAN |
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AND
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| II. MYANMA ECONOMIC CORPORATION (MEC) |
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MYANMA ECONOMIC CORPORATION (MEC) |
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COL YE HTUT OR BRIG-GEN KYAW WIN, MANAGING DIRECTOR |
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U YIN SEIN, GENERAL MANAGER |
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COL KHIN MAUNG SOE |
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COL KHIN MAUNG SOE |
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KANT BALU |
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PYINMANAR |
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LOIKAW |
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THIBAW’ |
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