26.10.2004 Official Journal of the European Union L 32311 COUNCIL REGULATION (EC) No 1853/2004 of 25 October 2004 concerning additional restrictive measures in respect of Burma/Myanmar and amending Regulation (EC) No 798/2004 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 2004/730/CFSP of 25 October 2004 on additional restrictive measures against Burma/Myanmar and  amending = Common  Position 2004/423/CFSP (), 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/CESP (3). In view of the continuing severe and systematic violations of human rights by the Burmese authorities, and in particular the continuing and intensified repression of civil and political rights, and the failure of those autho- rities to take steps towards democracy and reconciliation, the restrictive measures against Burma/Myanmar have subsequently been extended several times, most recently by Common Position 2004/423/CFSP (°). Some of the restrictive measures imposed against Burma/Myanmar have been 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 10812000 (4. (20 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 (!) See page 17 of this edition of the Official Journal. (®» OJ L 287, 8.11.1996, p. 1. Common Position repealed and replaced by Common Position 2003/297/CESP (O] L 106, 29.4.2003, p. 36). () O] L 125, 28.4.2004, p. 61. Common Position as amended by Common Position 2004/730/CESP. () OJ L 125, 28.4.2004, p. 4. Regulation as amended by Regulation (EQ) No 1517/2004 (O] L 278, 27.8.2004, p. 18). genuine and open National Convention, and in view of the the continued harassment of the NLD and other organised political movements, Common Position 2004/730/CFSP maintains and strengthens the restrictive measures  imposed  in  respect of  Burmal Myanmar by Common Position 2004/423/CFSP to include, inter alia, a prohibition on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enter- prises; while such prohibition should not affect the execution of related obligations resulting from existing contracts or agreements, the conclusion of new contracts or agreements on the subject-matter of this Regulation or the renewal of existing contracts or agreements after their expiration should be prohibited after the entry into force of this Regulation. (3)  These measures fall within the scope of the Treaty and, therefore, in order to avoid any distortion of compe- tition, Community legislation is necessary to implement them as far as the Community is concerned. (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. (5)  Regulation (EC) No 798/2004 should be amended accordingly, HAS ADOPTED THIS REGULATION: Article 1 Regulation (EC) No 798/2004 is hereby amended as follows: 1. the following Article shall be inserted: ‘Article 8a 1. The following shall be prohibited: (a) the granting of any financial loan or credit to Burmese state-owned enterprises as listed in Annex IV, or the acquisition of bonds, certificates of deposit, warrants or debentures, issued by these enterprises,