# EUR-Lex - 52013JC0010 - EN

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# 52013JC0010

**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/2013/010 final - 2013/0142 (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 6 March 2013, the United Nations Security
Council adopted Resolution 2093 (2013) thereby updating the designation
criteria applied by the Security Council Sanctions Committee established
pursuant to resolution 751 (1992) concerning Somalia.

(3)
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.

(4)
Council Regulation (EU) No 356/2010 should
therefore be amended accordingly.

2013/0142 (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 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 6 March 2013, the
United Nations Security Council adopted Resolution 2093 (2013)
thereby updating the designation criteria applied by the Security Council
Sanctions Committee established pursuant to resolution 751 (1992)
concerning Somalia.

(3)       On ... April 2013 the
Council adopted Council Decision 2013/.../CFSP[4],
which amends Decision 2010/231/CFSP and introduces these updates.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

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 as:

(a)
engaging in or providing support for acts that
threaten the peace, security or stability of Somalia, including acts that
threaten the peace and reconciliation process in Somalia, or threaten the Federal
Government of Somalia or the African Union Mission in Somalia (AMISOM) by
force;

(b)
having acted in violation of the arms embargo or
the arms resale and transfer restrictions or the prohibition against providing
related assistance as stipulated in paragraph 34 of UNSCR 2093 (2013);

(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."

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

[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.

[4]               OJ L ...