理事会条例(EU) No 401/2013，关于针对缅甸实施限制性措施并废除条例 (EC) No 194/2008

技术法规类型：欧盟Eurlex法规来源：tbtmap

EURLEX ID：32013R0401

OJ编号：OJ L 121, 3.5.2013, p. 1-7

中文标题：理事会条例(EU) No 401/2013，关于针对缅甸实施限制性措施并废除条例 (EC) No 194/2008

原文标题：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

分类：18_共同的对外政策和防务政策

文件类型：二级立法 Regulation|条例

生效日期：2013-05-03

废止日期：2058-12-31

法规全文：查看欧盟官方文件

HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"EN
3.5.2013 Official
Journal
of
the
European
Union L
121/1
II
(Non-legislative acts)
REGULATIONS
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,
HAS ADOPTED THIS REGULATION:
Article 1
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
For the purposes of this Regulation, the following definitions
apply:
Having regard to Council Decision 2013/184/CFSP of 22 April
(1) 'import' means any entry of goods into the customs
2013 concerning restrictive measures against Myanmar/
territory of the Union or other territories to which the
Burma ( 1 ),
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
Having regard to the joint proposal from the High Represen
12 October 1992 establishing the Community Customs
tative of the Union for Foreign Affairs and Security Policy and
Code ( 3 ), placing in a free zone or free warehouse, placing
the Commission,
under a suspensive procedure and release for free circu
lation, but it excludes transit and temporary storage;
Whereas:
(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
(1) Regulation
(EC)
No
194/2008
of
25
February
2008
Articles 349 and 355 thereof. It includes, within the
renewing and strengthening the restrictive measures in
meaning of Regulation (EEC) No 2913/92, the departure
respect of Burma/Myanmar
( 2 ) provides for certain
of goods that requires a customs declaration and the
measures to be taken in relation to Myanmar/Burma,
departure of goods after their storage in a free zone of
including restrictions on certain exports from Myan
control type I or free warehouse, but it excludes transit;
mar/Burma and a freezing of the assets of certain indi
viduals and entities.
(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
(2) By
Decision
2013/184/CFSP,
the
Council
agreed,
as
a
the contract with the consignee in the third country and has
means of encouraging positive changes to continue,
the power for determining the sending of the item out of
that all those restrictive measures should be lifted, with
the customs territory of the Union or other territories to
the exception of the arms embargo and the embargo on
which the Treaty applies;
equipment which might be used for internal repression.
(4) 'technical assistance' means any technical support related to
(3) Council
Regulation
(EC)
No
194/2008
should
therefore
repairs, development, manufacture, assembly, testing, main
be repealed, and certain of its provisions replaced by this
tenance, or any other technical service, and may take such
Regulation.
forms as instruction, advice, training, transmission of
working knowledge or skills or consulting services;
technical assistance shall include verbal forms of assistance;
(4) In
order
to
ensure
that
the
measures
provided
for
in
this
Regulation are effective, this Regulation should enter into
(5) 'territory of the Union' means the territories to which the
force on the day of its publication,
Treaty is applicable, under the conditions laid down in the
Treaty.
( 1 ) OJ L 111, 23.4.2013, p. 75.
( 2 ) OJ L 66, 10.3.2008, p. 1.
( 3 ) OJ L 302, 19.10.1992, p. 1.

L 121/2
EN
Official Journal of the European Union
3.5.2013
CHAPTER 1
legal persons or entities concerned, if they did not know, and
had no reasonable cause to suspect, that their actions would
Article 2
infringe those prohibitions.
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 orig
Article 4
inating in the Union, to any natural or legal person, entity or
body in, or for use in Myanmar/Burma.
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
2. Paragraph
1
shall
not
apply
to
protective
clothing, authorise, under such conditions as they deem appropriate:
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
(a) the sale, supply, transfer or export of equipment which
the media and humanitarian and development workers and
might be used for internal repression as listed in Annex I,
associated personnel for their personal use only.
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
Article 3
Nations crisis-management operations;
1. It
shall
be
prohibited:
(b) the sale, supply, transfer or export of de-mining equipment
and material for use in de-mining operations; and
(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, para
(c) the provision of financing and financial assistance and
military equipment, and spare parts for the aforementioned,
technical assistance related to equipment, material,
directly or indirectly to any natural or legal person, entity or
programmes and operations referred to in points (a) and (b).
body in, or for use in Myanmar/Burma;
2. By
way
of
derogation
from
Article
3(1),
and
subject
to
(b) to provide financing or financial assistance related to
Article 5, the competent authorities in the Member States, as
military activities, including, in particular, grants, loans
listed in Annex II, may authorise, under such conditions as they
and export credit insurance for any sale, supply, transfer
deem appropriate, the provision of financing and financial
or export of arms and related materiel, directly or indirectly
assistance and technical assistance related to:
to any natural or legal person, entity or body in, or for use
in Myanmar/Burma.
(a) non-lethal military equipment intended solely for humani
tarian or protective use, or for institution-building
2. It
shall
be
prohibited:
programmes of the United Nations and the European
Union;
(a) to provide technical assistance related to the equipment
which might be used for internal repression as listed in
(b) materiel intended for European Union and United Nations
Annex I, directly or indirectly to any natural or legal
crisis-management operations.
person, entity or body in, or for use in Myanmar/Burma;
(b) to provide financing or financial assistance related to the
CHAPTER 2
equipment listed in Annex I, including, in particular, grants,
Article 5
loans and export credit insurance, directly or indirectly to
any natural or legal person, entity or body in, or for use in
The authorisations referred to in Article 4 shall not be granted
Myanmar/Burma.
for activities that have already taken place.
3. It
shall
be
prohibited
to
participate,
knowingly
and
inten
Article 6
tionally, in activities the object or effect of which is to
The Commission and Member States shall immediately inform
circumvent the prohibitions referred to in paragraphs 1 and 2.
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
4. The
prohibitions
set
out
in
paragraphs
1(b)
and
2(b)
shall information in respect of violation and enforcement problems
not give rise to liability of any kind on the part of the natural or
and judgments handed down by national courts.

EN
3.5.2013 Official
Journal
of
the
European
Union L
121/3
Article 7
Article 10
The Commission shall be empowered to amend Annex II on
This Regulation shall apply:
the basis of information supplied by Member States.
(a) within the territory of the Union, including its airspace;
Article 8
(b) on board any aircraft or any vessel under the jurisdiction of
1. Member
States
shall
lay
down
the
rules
on
penalties
a Member State;
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,
(c) to any person inside or outside the territory of the Union
proportionate and dissuasive.
who is a national of a Member State;
2. Member
States
shall
notify
the
Commission
of
those
rules (d) to any legal person, entity or body which is incorporated or
without delay after the entry into force of this Regulation and
constituted under the law of a Member State;
shall notify it of any subsequent amendment.
(e) to any legal person, entity or body in respect of any
business done in whole or in part within the Union.
Article 9
1. Member
States
shall
designate
the
competent
authorities
Article 11
referred to in this Regulation and identify them in, or through,
the websites listed in Annex II.
Regulation (EC) No 194/2008 is hereby repealed.
Article 12
2. Member
States
shall
notify
the
Commission
of
their
competent authorities without delay after the entry into force
This Regulation shall enter into force on the day of its
of this Regulation and shall notify it of any subsequent changes.
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

L 121/4
EN
Official Journal of the European Union
3.5.2013
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:
1.1. Firearms not controlled by ML 1 and ML 2 of the EU Common Military List ( 1 );
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);
(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.
( 1 ) Common Military List of the European Union (adopted by the Council on 11 March 2013) (OJ C 30, 27.3.2013, p. 1).

EN
3.5.2013 Official
Journal
of
the
European
Union L
121/5
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.