# EUR-Lex - 52012JC0026 - EN

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# 52012JC0026

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia /* JOIN/2012/026 final - 2012/0265 (NLE) */**

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EXPLANATORY MEMORANDUM

(1)
Council Regulation (EC) No 147/2003 concerning
certain restrictive measures against Somalia[1]
imposes a general ban on the provision of technical advice, assistance,
training, financing and financial assistance related to military activities to
any person, entity or body in Somalia.

(2)
On 25 July 2012, the United Nations Security
Council adopted Resolution 2060 (2012), by which it provides, at paragraph 10,
for a derogation from the prohibition of assistance related to weapons and military
equipment intended for the United Nations Political Office.

(3)
The Council will adopt a new Council Decision amending
Decision 2010/231/CFSP so as to provide for such derogation.

(4)
This measure falls within the scope of the
Treaty on the Functioning of the European Union and regulatory action at
the level of the Union is therefore necessary in order to implement it, in
particular with a view to ensuring its uniform application by economic
operators in all Member States.

(5)
Council Regulation (EC) No 147/2003 should
therefore be amended accordingly.

2012/0265 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EC) No 147/2003
concerning restrictive measures in respect of Somalia

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 2010/231/CFSP
of 26 April 2010 concerning restrictive measures against
Somalia and repealing Common Position 2009/138/CFSP[2],

Having regard to the joint proposal from
the High Representative of the Union for Foreign Affairs and Security Policy
and the European Commission,

Whereas:

(1)       Council Regulation (EC) No
147/2003 concerning certain restrictive measures against Somalia[3] imposes a general ban on the
provision of technical advice, assistance, training, financing and financial
assistance related to military activities to any person, entity or body in
Somalia.

(2)       On 25 July 2012, the
United Nations Security Council adopted Resolution 2060 (2012), by which it provides,
at paragraph 10, for a derogation from the prohibition of assistance related to
weapons and military equipment intended for the United Nations Political Office.

(3)       On ... September 2012 the
Council adopted Council Decision 2012/.../CFSP[4],
which amends Decision 2010/231/CFSP and provides for such derogation.

(4)       This measure falls within
the scope of the Treaty on the Functioning of the European Union and regulatory
action at the level of the Union is therefore necessary in order to implement it,
in particular with a view to ensuring its uniform application by economic
operators in all Member States.

(5)       Council Regulation (EC) No
147/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 147/2003 is amended as
follows:

(1)        Article 3 paragraph 1 is
replaced by the following:

“Article 3

1. Article 1 shall not apply to:

(a)
the provision of financing and financial
assistance for the sale, supply, transfer or export of non-lethal military
equipment intended solely for humanitarian or protective use, or for material
intended for institution building programmes of the Union or Member States,
including in the field of security, carried out within the framework of the
Peace and Reconciliation Process,

(b)
the provision of technical advice, assistance or
training related to such non-lethal equipment,

(c)
the provision of financing and financial
assistance for the sale, supply, transfer or export of weapons and military
equipment intended solely for the support of or use by the United Nations Political
Office for Somalia,

(d)
the provision of technical advice, assistance or
training related to such weapons and military equipment,

if such activities have been approved in
advance by the Committee established by paragraph 11 of Resolution 751 (1992)
of the Security Council of the United Nations.”

Article 2

This Regulation shall enter into force on
the day following 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,

For
the Council

The
President

[1]               OJ L 24, 29.01.2003, p. 2.

[2]               OJ L 105, 27.04.2010, p. 17.

[3]               OJ L 24, 29.01.2003, p. 2.

[4]               OJ L ...