Proposal for a Council Regulation amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia
Date: 2007-01-31
Institutions: European Commission
Subjects: Somalia, arms trade, financial aid, international sanctions, military equipment, technical cooperation

COMMISSION OF THE EUROPEAN COMMUNITIES 

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) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

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. 

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.  

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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 Somalia1, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

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 Somalia2. 

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). 

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: 

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

Article 1 

1 
2 

OJ L….,….2007, p… 
OJ L 24, 29.1.2003, p. 2.  

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(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. 

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

Article 2 

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

Done at Brussels,  

For the Council 
The President 

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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 

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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" 

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