# EUR-Lex - 52012JC0004 - EN

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# 52012JC0004

**Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia /* JOIN/2012/04 final - 2012/0057 (NLE) */**

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EXPLANATORY MEMORANDUM

(1)
Council Regulation (EU) No 356/2010 imposing
certain specific restrictive measures directed against certain natural or legal
persons, entities or bodies, in view of the situation in Somalia[1] imposes restrictive measures
against the persons entities and bodies identified in Annex I to that
Regulation, as provided for in United Nations' Security Council Resolution 1844
(2008).

(2)
On 22 February 2012, the United Nations'
Security Council adopted Resolution 2036 (2012), by which it confirms its
assessment, in paragraph 23, that the export of charcoal from Somalia may pose
a threat to the peace, security or stability of Somalia and decides that the
Sanctions Committee established by Resolutions 751(1992) and 1907(2009) may
designate individuals and entities engaged in such commerce as being subject to
the targeted measures established by Resolution 1844.

(3)
The Council has reached political agreement to
adopt a new CFSP Decision amending Decision 2010/231/CFSP so as to
provide, inter alia, for the imposition in the Union of restrictive
measures against those identified by the Sanctions Committee as being engaged
in such commerce.

(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)
Additionally, United Nations' Security Council
Resolution 2002(2011) clarified the exemption, already provided for in
Regulation (EU) No 356/2010, permitting the making available of funds, other
financial assets or economic resources necessary to ensure the timely delivery
of urgently needed humanitarian assistance in Somalia by the United Nations,
its specialised agencies or programmes, humanitarian organisations having
observer status with the United Nations' General Assembly that provide
humanitarian assistance, and their implementing partners. This clarification
should be included in the Regulation.

(6)
Council Regulation (EU) No 356/2010 should
therefore be amended accordingly.

2012/0057 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 356/2010
imposing certain specific restrictive measures directed against certain natural
or legal persons, entities or bodies, in view of the situation in Somalia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning
of the European Union, and in particular Article 215 (1) and (2) thereof,

Having regard to Council Decision 2010/231/CFSP
of 26 April 2010 concerning restrictive measures against
Somalia[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 (EU) No 356/2010 of 26 April
2010 imposing certain specific restrictive measures directed against certain
natural or legal persons, entities or bodies, in view of the situation in
Somalia[3]
imposes restrictive measures against the persons entities and bodies identified
in Annex I to that Regulation, as provided for in United Nations' Security
Council Resolution 1844 (2008).

(2)
On 22 February 2012, the United Nations'
Security Council adopted Resolution 2036 (2012), by which it confirms its
assessment, in paragraph 23, that the export of charcoal from Somalia may pose
a threat to the peace, security or stability of Somalia and decides that the
Sanctions Committee established by Resolutions 751(1992) and 1907(2009) may
designate individuals and entities engaged in such commerce as being subject to
the targeted measures established by Resolution 1844.

(3)
On ... March 2012 the Council adopted Decision 2012/.../CFSP,
which amends Decision 2010/231/CFSP so as to provide, inter alia,
for the imposition in the Union of restrictive measures against those
identified by the Sanctions Committee as being engaged in such commerce.

(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)
Additionally, United Nations' Security Council
Resolution 2002(2011) clarified the exemption, already provided for in
Regulation (EU) No 356/2010, permitting the making available of funds, other
financial assets or economic resources necessary to ensure the timely delivery
of urgently needed humanitarian assistance in Somalia by the United Nations,
its specialised agencies or programmes, humanitarian organisations having
observer status with the United Nations' General Assembly that provide
humanitarian assistance, and their implementing partners. This clarification
should be included in the Regulation.

(6)
Council Regulation (EU) No 356/2010 should
therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 356/2010 is amended as
follows:

(1)        In Article 2, paragraph 3 is replaced by
the following paragraph:

"3.     Annex I shall consist of natural
or legal persons, entities or bodies designated by the Security Council or the
Sanctions Committee in accordance with UNSCR 1844(2008) as:

–
(a) engaging in or providing support for acts
that threaten the peace, security or stability of Somalia, including acts that
threaten the Djibouti Agreement of 18 August 2008 or the political process, or
threaten the Transitional Federal Institutions (TFIs) or the African Union
Mission in Somalia (AMISOM) by force;

–
(b) having acted in violation of the arms
embargo and related measures as referred to in Article 1;

–
(c) obstructing the delivery of humanitarian
assistance to Somalia, or access to, or distribution of, humanitarian
assistance in Somalia;

–
(d) being political or military leaders
recruiting or using children in armed conflicts in Somalia in violation of applicable
international law;

–
(e) being responsible for violations of
applicable international law in Somalia involving the targeting of civilians,
including children and women, in situations of armed conflict, including
killing and maiming, sexual and gender-based violence, attacks on schools and
hospitals and abduction and forced displacement; or

–
(f) engaging in the commerce of charcoal."

(2)        In Article 4, paragraph 1 is
replaced by the following paragraph:

"1.     Article 2(1) and (2) shall not
apply to the making available of funds or economic resources necessary to
ensure the timely delivery of urgently needed humanitarian assistance in
Somalia by the United Nations, its specialised agencies or programmes,
humanitarian organisations having observer status with the United Nations'
General Assembly that provide humanitarian assistance, and their implementing
partners, including bilaterally or multilaterally funded NGOs participating in
the UN Consolidated Appeal for Somalia."

(3)        Annex II shall be replaced by
the text set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on
the day following that 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

ANNEX

"Annex
II

Web sites for information on the
competent authorities
and address for notifications to the European Commission

BELGIUM

http://www.diplomatie.be/eusanctions

BULGARIA

http://www.mfa.government.bg

CZECH REPUBLIC

http://www.mfcr.cz/mezinarodnisankce

DENMARK

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/

GERMANY

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html

ESTONIA

http://www.vm.ee/est/kat_622/

IRELAND

http://www.dfa.ie/home/index.aspx?id=28519

GREECE

http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/autorites-sanctions/

ITALY

http://www.esteri.it/UE/deroghe.html

CYPRUS

http://www.mfa.gov.cy/sanctions

LATVIA

http://www.mfa.gov.lv/en/security/4539

LITHUANIA

http://www.urm.lt/sanctions

LUXEMBOURG

http://www.mae.lu/sanctions

HUNGARY

http://www.kormany.hu/download/5/35/50000/ENSZBT-ET-szankcios-tajekoztato.pdf

MALTA

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp

NETHERLANDS

http://www.minbuza.nl/sancties

AUSTRIA

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=

POLAND

http://www.msz.gov.pl

PORTUGAL

http://www.min-nestrangeiros.pt

ROMANIA

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3

SLOVENIA

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/

SLOVAKIA

http://www.foreign.gov.sk

FINLAND

http://formin.finland.fi/kvyhteistyo/pakotteet

SWEDEN

http://www.ud.se/sanktioner

UNITED KINGDOM

www.fco.gov.uk/competentauthorities

Address for notifications to the
European Commission:

European Commission

Service for Foreign Policy Instruments
(FPI)

Office EEAS 02/309

B-1049 Bruxelles/Brussel (Belgium)

E-mail: relex-sanctions@ec.europa.eu
"

[1]               OJ L 105, 27.04.2010, p. 1.

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

[3]               OJ L 105, 27.04.2010, p. 1.