Council Common Position of 10 December 2002 concerning restrictive measures against Somalia
Date: 2002-12-10
Institutions: Council of the European Union
Subjects: Somalia, export restriction, international sanctions, military equipment, sale

11.12.2002

EN

Official Journal of the European Communities

L 334/1

(Acts adopted pursuant to Title V of the Treaty on European Union)

COUNCIL COMMON POSITION

of 10 December 2002

concerning restrictive measures against Somalia

(2002/960/CFSP)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS COMMON POSITION:

Having regard to the Treaty on European Union, and in parti-
cular Article 15 thereof,

Article 1

Whereas:

(1)

(2)

(3)

(4)

(5)

On 23 January 1992 the United Nations Security
Council adopted Resolution 733 (1992), hereinafter
referred to as ‘UNSCR 733 (1992)’, imposing a general
and complete embargo on all deliveries of weapons and
military equipment to Somalia (hereinafter referred to as
‘the arms embargo’).

On 19 June 2001 the United Nations Security Council
adopted Resolution 1356 (2001), permitting certain
exemptions to the arms embargo.

On 22 July 2002 the United Nations Security Council
adopted Resolution 1425 (2002), extending the arms
embargo to prohibit the direct or indirect supply to
Somalia of technical advice, financial and other assis-
tance, and training related to military activities.

On 22 July 2002, the Council affirmed its continuing
support to the Intergovernmental Authority on Develop-
ment (IGAD) resolutions of 24 November 2000 and 11
January 2002 which provide a general framework for
reconciliation process, and outlined the
the Somali
objectives of
the European Union with regard to
Somalia.

On 15 October 2002 in Eldoret, Kenya, the Peace and
Reconciliation Process was launched followed on 27
October 2002 by a declaration on the cessation of hosti-
lities and the adoption of the structure and principles of
the process by the Somali parties as a fundamental step
that will ensure a wide consensual basis, which was
welcomed by the European Union.

1.
The supply or sale of arms and related material of all
including weapons and ammunition, military vehicles
types,
and equipment, paramilitary equipment and spare parts for the
aforementioned to Somalia by nationals of Member States or
from the territories of Member States shall be prohibited
whether originating or not in their territories.

The direct or indirect supply to Somalia of

2.
technical
advice, financial and other assistance and training related to
military activities, including in particular technical training and
assistance related to the provision, manufacture, maintenance
or use of the items mentioned in paragraph 1, by nationals of
Member States or from the territories of the Member States
shall be prohibited.

3.
Paragraphs 1 and 2 shall not apply to supplies of non-
lethal military equipment intended solely for humanitarian or
protective use, or for material intended for institution building
programmes of
the Union, Community or Member States,
including in the field of security, carried out within the frame-
work of the Peace and Reconciliation Process, as approved in
advance by the Committee established by paragraph 11 of
UNSCR 751 (1992), nor shall they apply to protective clothing,
temporarily
including flak jackets
exported to Somalia by United Nations personnel, representa-
tives of the media and humanitarian and development workers
and associated personnel for their personal use only.

and military helmets,

Article 2

Member States shall inform each other and the Commission of
the measures taken under this Common Position and shall
supply each other with any other relevant information at their
disposal in connection with this Common Position.

Article 3

(6)

Action by the Community is needed in order to imple-
ment certain measures,

This Common Position shall take effect on the date of its adop-
tion.

L 334/2

EN

Official Journal of the European Communities

11.12.2002

This Common Position shall be published in the Official Journal.

Article 4

Done at Brussels, 10 December 2002.

For the Council

The President

P. S. MØLLER