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Brussels, 31.1.2007

COM(2007)20 final

Proposal for a

COUNCIL REGULATION

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

(presented by the Commission)

EXPLANATORY MEMORANDUM

(1) Common Position 2002/960/CFSP of 10 December 2002 provides for an embargo on the supply or sale of arms and related material of all types to Somalia, including a ban on the provision of technical and financial assistance related to military activities in Somalia. The ban on the provision of technical and financial assistance related to military activities has been implemented by Council Regulation (EC) No 147/2003 of 27 January 2003.

(2) In view of the proposal by the Intergovernmental Authority on Development (IGAD) to establish a protection and training mission in Somalia (IGASOM), the United Nations Security Council decided on 6 December 2006 to add an exemption to the above measures for supplies of weapons and military equipment and technical training and assistance intended solely for the support of or use by the mission as stipulated in paragraph 3 of UNSCR 1725 (2006).

(3) This exemption to the embargo on technical and financial assistance should be implemented by amending Council Regulation (EC) No 147/2003.

Proposal for a

COUNCIL REGULATION

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

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 2007/…/CFSP amending Common Position 2002/960/CFSP concerning the imposition of an embargo on arms, munitions and military equipment on Somalia[1],

Having regard to the proposal from the Commission,

Whereas:

(1) Common Position 2002/960/CFSP provides for an embargo on exports of arms, munitions and military equipment to Somalia, and prohibits the supply of technical advice, financial and other assistance and training related to military activities in Somalia.The prohibition on the provision of technical and financial assistance related to military activities has been implemented by Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia[2].

(2) The United Nations Security Council on 6 December 2006 adopted Resolution 1725 (2006) (hereafter “UNSCR 1725 (2006)”) inter alia adding an exemption to these restrictive measures for supplies of weapons and military equipment and technical training and assistance intended solely for the support of or use by the mission as stipulated in paragraph 3 of UNSCR 1725 (2006).

(3) Common Position 2007/…./CFSP amends Common Position 2002/960/CFSP in order to bring the exemptions to the restrictive measures in line with UNSCR 1725 (2006). Regulation (EC) No 147/2003 should be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

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

1. In Article 3 the following paragraph 4 is inserted:

“4. By way of derogation from Article 1, the competent authority, as set out in the Annex, of the Member State where the service provider is established, may authorise the provision of technical assistance or financing and financial assistance related to military activities where such assistance is intended solely for the support or use of the mission as stipulated in paragraph 3 of UNSCR 1725 (2006).”

2. The following Article 3a is inserted:

"Article 3a

The Commission shall amend the Annex on the basis of information supplied by Member States."

3. The text in the Annex to this Regulation is added as an annex.

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

List of competent authorities referred to in Article 3a

(to be completed by the Member States)

BELGIUM

BULGARIA

CZECH REPUBLIC

DENMARK

GERMANY

ESTONIA

GREECE

SPAIN

FRANCE

IRELAND

ITALY

CYPRUS

LATVIA

LITHUANIA

LUXEMBOURG

HUNGARY

MALTA

NETHERLANDS

AUSTRIA

POLAND

PORTUGAL

ROMANIA

SLOVENIA

SLOVAKIA

FINLAND

SWEDEN

UNITED KINGDOM

EUROPEAN COMMUNITY

European Commission

DG External Relations

Directorate A. Crisis Platform and Policy Coordination in CFSP

Unit A2. Crisis Management and Conflict Prevention

CHAR 12/106

B-1049 Bruxelles/Brussel (Belgium)

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

Tel. (32 2) 295 55 85, 299 11 76

Fax: (32 2) 299 08 73"

[1] OJ L….,….2007, p…

[2] OJ L 24, 29.1.2003, p. 2.