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28.10.2011 Official
Journal
of
the
European
Union
L
281/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1083/2011
of 27 October 2011
amending Regulation (EC) No 194/2008 renewing and strengthening the restrictive measures in
respect of Burma/Myanmar
THE COUNCIL OF THE EUROPEAN UNION,
Burma/Myanmar and to ensure consistency with the
process for amending and reviewing Annexes I, II and
III to Decision 2010/232/CFSP.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(4) The
procedure
for
amending
the
lists
in
Annex
VI
to
Regulation (EC) No 194/2008 should include providing
designated natural or legal persons, entities or bodies
Having regard to Council Decision 2011/239/CFSP of 12 April
with the grounds for listing, so as to give them an
2011 amending Decision 2010/232/CFSP renewing restrictive
opportunity to submit observations. Where observations
measures against Burma/Myanmar ( 1 ),
are submitted, or substantial new evidence is presented,
the Council should review its decision in light of those
observations and inform the person, entity or body
concerned accordingly.
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
the Commission,
(5) For
the
implementation
of
Regulation
(EC)
No
194/2008, and in order to create maximum legal
certainty within the Union, the names and other
Whereas:
relevant data concerning natural and legal persons,
entities and bodies whose funds and economic
resources must be frozen in accordance with that Regu
lation, must be made public. Any processing of personal
(1) Council
Regulation
(EC)
No
194/2008
of
25
February
data should comply with Regulation (EC) No 45/2001 of
2008 renewing and strengthening the restrictive
the European Parliament and of the Council of
measures in respect of Burma/Myanmar ( 2 ) provides for
18 December 2000 on the protection of individuals
certain measures, including restrictions on certain exports
with regard to the processing of personal data by the
from Burma/Myanmar and a freezing of the assets of
Community institutions and bodies and on the free
certain individuals and entities.
movement of such data ( 4 ) and Directive 95/46/EC of
the European Parliament and of the Council of
24 October 1995 on the protection of individuals with
regard to the processing of personal data and on the free
(2) By
Decision
2011/239/CFSP,
the
Council
amended
movement of such data ( 5 ).
Decision 2010/232/CFSP ( 3 ). Some of the amendments,
in particular those relating to the freezing of funds of
certain individuals and entities, require further action by
the Union.
(6) Regulation
(EC)
No
194/2008
should
therefore
be
amended accordingly.
(3) The
power
to
amend
the
lists
in
Annexes
V,
VI
and
VII
to Regulation (EC) No 194/2008 should be exercised by
(7) In
order
to
ensure
that
the
measures
provided
for
in
this
the Council in view of the serious political situation in
Regulation are effective, this Regulation must enter into
force immediately upon its publication,
( 1 ) OJ L 101, 15.4.2011, p. 24.
( 2 ) OJ L 66, 10.3.2008, p. 1.
( 4 ) OJ L 8, 12.1.2001, p. 1.
( 3 ) OJ L 105, 27.4.2010, p. 22.
( 5 ) OJ L 281, 23.11.1995, p. 31.

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L 281/2
EN
Official Journal of the European Union
28.10.2011
HAS ADOPTED THIS REGULATION:
2. Annex
VI
shall
include
the
grounds
for
listing
of
listed
persons, entities and bodies concerned.
Article 1
3. Annex VI shall also include, where available,
Regulation (EC) No 194/2008 is hereby amended as follows:
information necessary to identify the natural or legal
persons, entities and bodies concerned. With regard to
(1) Article 11 is replaced by the following:
natural persons, such information may include names
including aliases, date and place of birth, nationality,
‘Article 11
passport and ID card numbers, gender, address, if known,
and function or profession. With regards to legal persons,
1. All funds and economic resources belonging to,
entities or bodies, such information may include names,
owned, held or controlled by the natural or legal persons,
place and date of registration, registration number and
entities and bodies listed in Annex VI shall be frozen.
place of business.’;
2. No
funds
or
economic
resources
shall
be
made (3) Article 18 is replaced by the following:
available, directly or indirectly, to or for the benefit of the
natural or legal persons, entities or bodies listed in Annex
‘Article 18
VI.
1. The
Commission
shall
be
empowered
to
amend
Annex IV on the basis of information supplied by
3. The
participation,
knowingly
and
intentionally,
in
Member States.
activities the object or effect of which is, directly or
indirectly, to circumvent the measures referred to in
paragraphs 1 and 2 shall be prohibited.
2. Where
the
Council
decides
to
subject
a
natural
or
legal
person, entity or body to measures referred to in
Article 11(1), it shall amend Annex VI accordingly.
4. The
prohibition
set
out
in
paragraph
2
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,
3. The
Council
shall
communicate
its
decision,
including
and had no reasonable cause to suspect, that their actions
the grounds for listing, to the natural or legal person, entity
would infringe this prohibition.’;
or body referred to in paragraph 2, either directly, if the
address is known, or through the publication of a notice,
providing such natural or legal person, entity or body with
(2) the following Article is inserted:
an opportunity to present observations.
‘Article 11a
4. Where observations are submitted, or where
1. Annex
VI
shall
include:
substantial new evidence is presented, the Council shall
review its decision and inform the natural or legal person,
entity or body accordingly.
(a) senior members of the former State Peace and Devel
opment Council (SPDC), Burmese authorities in the
5. The
Council
shall
amend
Annexes
V
and
VII
on
the
tourism sector, senior members of the military, the
basis of decisions taken in respect of Annexes I and III to
Government or the security forces who formulate,
Council Decision 2010/232/CFSP (*).
implement or benefit from policies that impede Burma/
Myanmar’s transition to democracy, and members of
their families;
___________
(*) OJ L 105, 27.4.2010, p. 22.’.
(b) senior serving members of the Burmese military and
members of their families;
Article 2
(c) natural or legal persons, entities or bodies associated
This Regulation shall enter into force on the day following its
with persons referred to in points (a) and (b).
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 Luxembourg, 27 October 2011.
For the Council
The President
J. MILLER

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