Proposal for a Council Regulation (EU) No …/2010 amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia (presented jointly by the Commission and the High Representative of the EU for Foreign Affairs and Security Policy)
Date: 2010-06-30
Institutions: European Commission
Subjects: Somalia, arms trade, international sanctions, military equipment

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EUROPEAN COMMISSION  

Brussels, 30.6.2010 
COM(2010)349 final 

2010/0191 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

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

(presented jointly by the Commission and the High Representative of the EU  
for Foreign Affairs and Security Policy) 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

Council  Regulation  (EC)  No  147/2003  imposes  a  general  ban  on  the  provision  of 
technical  advice,  assistance,  training,  financing  or  financial  assistance  related  to 
military activities, to any person, entity or body in Somalia. 

By  paragraph  7  of  Resolution  1907  of  23  December  2009,  the  UN  Security  Council 
called  upon  Member  States  to  inspect  all  cargo  going  to  or  coming  from  Somalia, 
where they believe that the cargo contains items prohibited either by paragraphs 5 and 
6  of  that  Resolution  or  the  general  and  complete  arms  embargo  to  Somalia,  for  the 
purpose of ensuring strict implementation of those provisions. 

Council  Decision  2010/231/CFSP  of  26  April  2010  provides,  at  Article  4,  for  the 
inspection  of  certain  cargoes  to  and  from  Somalia  and,  in  the  case  of  aircraft  and 
vessels,  for  the  supply  of  additional  pre-arrival  and  pre-departure  information  in 
respect of goods brought into or out of the Union. This information must be provided 
in accordance with the provisions on entry and exit summary declarations of Council 
regulation  (EEC)  No  2913/1992  of  12  October  1992  establishing  the  Community 
Customs Code 1. 

(4)  Whereas  this  measure  falls  within  the  scope  of  the  Treaty  on  the  Functioning  of  the 
European Union legislative action of the Union is necessary in order to implement it. 
The  Commission  and  the  High  Representative  of  the  Union  for  Foreign  Affairs  and 
to  amend  Regulation  (EC)  No  147/2003 
Security  Policy 
accordingly. 

therefore  propose 

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OJ L 302, 19.10.1992, p. 1 

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2010/0191 (NLE) 

Proposal for a 

COUNCIL REGULATION (EU) No …/2010 

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  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 215(1) thereof, 

Having regard to Council Decision 2010/231/CFSP2 concerning restrictive measures against 
Somalia, 

Having  regard  to  the  joint  proposal  from  Commission  and  the  High  Representative  of  the 
Union for Foreign Affairs and Security Policy, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EC)  No  147/2003  imposes  a  general  ban  on  the  provision  of 
technical  advice,  assistance,  training,  financing  or  financial  assistance  related  to 
military activities, to any person, entity or body in Somalia. 

By  paragraph  7  of  Resolution  1907  of  23  December  2009,  the  UN  Security  Council 
calls upon Member States to inspect all cargo going to or coming from Somalia, where 
they believe that the cargo contains items prohibited either by paragraphs 5 and 6 of 
that Resolution or the general and complete arms embargo to Somalia, for the purpose 
of ensuring strict implementation of those provisions. 

Council  Decision  2010/231/CFSP  of  26  April  2010  provides,  at  Article  4,  for  the 
inspection  of  certain  cargoes  to  and  from  Somalia  and,  in  the  case  of  aircraft  and 
vessels,  for  the  supply  of  additional  pre-arrival  and  pre-departure  information  in 
respect of goods brought into or out of the Union. This information must be provided 
in accordance with the provisions on entry and exit summary declarations of Council 
regulation  (EEC)  No  2913/1992  of  12  October  1992  establishing  the  Community 
Customs Code 3. 

This measure falls within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  its  uniform  application  by 
economic  operators  in  all  Member  States,  Union  legislation  is  necessary  in  order  to 
implement it. 

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OJ L 105, 27.04.2010, p. 17. 
OJ L 302, 19.10.1992, p. 1 

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(5) 

Regulation (EC) No 147/2003 should be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Article 1 

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

The following Article shall be inserted: 

1. 

2. 

3. 

4. 

5. 

“Article 3a 

In  order  to  ensure  the  strict  implementation  of  Article  1  of  Council  Decision 
2010/231/CFSP, all goods brought into or leaving the customs territory of the Union 
on cargo aircraft and merchant vessels to and from Somalia shall be made subject to 
pre-arrival or pre-departure information to be submitted to the competent authorities 
of the Member States concerned.  

The  rules  governing  the  obligation  to  provide  pre-arrival  or  pre-departure 
information, in particular the time limits to be respected and the data to be required, 
shall be as determined in the relevant provisions concerning entry and exit summary 
declarations  as  well  as  customs  declarations  in  Council  Regulation  (EEC) 
No 2913/92  of  12  October  1992  establishing  the  Community  Customs  Code,  and 
Commission Regulation (EEC) No 2454/93 of  2 July  1993 laying down provisions 
for the implementation of Council Regulation (EEC) No 2913/92. 

Furthermore, the person who brings the goods, or who assumes responsibility for the 
carriage of the goods on cargo aircraft and merchant vessels to and from Somalia, or 
his/her representatives, shall declare whether the goods are covered by the Common 
Military List of the European Union4 and, if their export is subject to authorisation, 
specify the particulars of the export licence granted. 

Until  31 December 2010  the  entry  and  exit  summary  declarations  and  the  required 
additional  elements  as  referred  to  in  this  Article  may  be  submitted  in  written  form 
using  commercial,  port  or  transport  documentation,  provided  that  it  contains  the 
necessary particulars. 

As  from  1 January 2011  the  required  additional  elements,  as  referred  to  in  this 
Article, shall be submitted either in written form or using the entry and exit summary 
declarations as appropriate.” 

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

Article 2 

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OJ C 65, 19.3.2009, p.1 

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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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