Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
Date: 2003-01-27
Institutions: Council of the European Union
Subjects: Somalia, arms trade, international sanctions, military equipment

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Official Journal of the European Communities

29.1.2003

COUNCIL REGULATION (EC) No 147/2003

of 27 January 2003

concerning certain restrictive measures in respect of Somalia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Articles 60 and 301 thereof,

proceedings against any persons, entities or bodies under
their jurisdiction that have violated any of the provi-
sions,

Having regard to Council Common Position 2002/960/CFSP of
10 December 2002 concerning restrictive measures against
Somalia (1),

HAS ADOPTED THIS REGULATION:

Having regard to the proposal from the Commission,

Article 1

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

On 23 January 1992 the United Nations Security
imposing a
Council adopted resolution 733 (1992),
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 by prohibiting the direct or indirect supply to
Somalia of technical advice, financial and other assis-
tance, and training related to military activities.

Certain of these measures fall under the scope of the
Treaty and, therefore, notably with a view to avoiding
distortion of competition, Community legislation is
necessary to implement the relevant decisions of the
Security Council as far as the territory of the Community
is concerned. For the purpose of this Regulation, the
territory of the Community is deemed to encompass the
territories of the Member States to which the Treaty is
applicable, under
the conditions laid down in that
Treaty.

The Commission and the Member States should inform
each other of the measures taken under this Regulation
and of other relevant information at their disposal
in
connection with this Regulation, and cooperate with the
Committee established by paragraph 11 of Resolution
733 (1992), in particular by supplying information to it.

Violations of the provisions of this Regulation should be
subject to sanctions and Member States should impose
appropriate sanctions to that end. It is, moreover, desir-
able that sanctions for violations of the provisions of this
Regulation can be imposed on the date of entry into
force of this Regulation and that Member States institute

(1) OJ L 334, 11.12.2002, p. 1.

Without prejudice to the powers of the Member States in the
exercise of their public authority, it shall be prohibited:

— to provide financing or financial assistance related to mili-
tary activities,
loans and
export credit insurance, for any sale, supply, transfer or
export of arms and related materiel, directly or indirectly to
any person, entity or body in Somalia,

including in particular grants,

— to grant, sell, supply or transfer technical advice, assistance
or training related to military activities, including in parti-
cular training and assistance related to the manufacture,
maintenance and use of arms and related materiel of all
types, directly or indirectly to any person, entity or body in
Somalia.

Article 2

The participation, knowingly and intentionally, in activities the
object or effect of which is, directly or indirectly, to promote
the transactions referred to in Article 1 shall be prohibited.

Article 3

1.

Article 1 shall not apply to:

— the provision of financing and financial assistance for the
sale, supply, transfer or export of non-lethal military equip-
ment 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 framework of
the Peace and Reconciliation Process,

— the provision of

technical advice, assistance or training

related to such non-lethal 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 1 shall not apply either to protective clothing,
2.
including flak jackets
temporarily
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,

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Official Journal of the European Communities

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Article 2 shall not apply to the participation in activities
3.
the object or effect of which is to promote activities that have
been approved by the Committee established by paragraph 11
of Resolution 751 (1992) of the Security Council of the United
Nations.

Article 4

Pending the adoption, where necessary, of any legislation to
this end, the sanctions to be imposed where the provisions of
this Regulation are infringed shall, where relevant, be those
determined by the Member States in order to give effect to
Article 7 of Council Regulation (EC) No 1318/2002 of 22 July
2002 concerning certain restrictive measures in respect of
Liberia (1).

Without prejudice to the rights and obligations of the Member
States under the Charter of the United Nations, the Commission
shall maintain all necessary contacts with the Security Council
Committee mentioned in Article 3(1) for the purpose of the
effective implementation of this Regulation.

2.
Each Member State shall be responsible for bringing
proceedings against any natural or legal person, entity or body
under its jurisdiction, in cases of violation of any of the prohi-
bitions laid down in this Regulation by such person, entity or
body.

Article 5

The Commission and the Member States shall
immediately
inform each other of the measures taken under this Regulation
and shall supply each other with relevant information at their
disposal in connection with this Regulation, in particular infor-
mation in respect of violation and enforcement problems and
judgments handed down by national courts.

Article 6

This Regulation shall
apply notwithstanding any rights
conferred or obligations imposed by any international agree-
ment signed or any contract entered into or any licence or
permit granted before the entry into force of this Regulation.

Article 8

This Regulation shall apply

— within the territory of

the Community,

including its

airspace,

— on board any aircraft or any vessel under the jurisdiction of

a Member State,

— to any person elsewhere who is a national of a Member

State, and

— to any legal person, entity or body which is incorporated or

constituted under the law of a Member State.

Article 7

Article 9

1.
Each Member State shall determine the sanctions to be
imposed where the provisions of this Regulation are infringed.
Such sanctions shall be effective, proportionate and dissuasive.

This Regulation shall enter into force on the day following that
of its publication in the Official Journal of the European Commu-
nities.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 27 January 2003.

For the Council

The President

G. PAPANDREOU

(1) OJ L 194, 23.7.2002, p. 1.