Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
Date: 2012-03-09
Institutions: European Commission, High Representative of the Union
Subjects: Somalia, arms control, coal, economic sanctions, export restriction, human rights, humanitarian aid, international sanctions

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 9.3.2012  
JOIN(2012) 4 final 

2012/0057 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures 
directed against certain natural or legal persons, entities or bodies, in view of the 
situation in Somalia 

EN 

   EN 

 
 
 
  
 
(1) 

(2) 

(3) 

(4) 

(5) 

EXPLANATORY MEMORANDUM 

Council Regulation (EU) No 356/2010 imposing certain specific restrictive measures 
directed  against  certain  natural  or  legal  persons,  entities  or  bodies,  in  view  of  the 
situation  in  Somalia1  imposes  restrictive  measures  against  the  persons  entities  and 
bodies  identified  in  Annex  I  to  that  Regulation,  as  provided  for  in  United  Nations' 
Security Council Resolution 1844 (2008). 

On 22 February 2012, the United Nations' Security Council adopted Resolution 2036 
(2012),  by  which  it  confirms  its  assessment,  in  paragraph  23,  that  the  export  of 
charcoal from Somalia may pose a threat to the peace, security or stability of Somalia 
and decides that the Sanctions Committee established by Resolutions 751(1992) and 
1907(2009)  may  designate  individuals  and  entities  engaged  in  such  commerce  as 
being subject to the targeted measures established by Resolution 1844. 

The  Council  has  reached  political  agreement  to  adopt  a  new  CFSP  Decision 
amending Decision 2010/231/CFSP so as to provide, inter alia, for the imposition in 
the  Union  of  restrictive  measures  against  those  identified  by  the  Sanctions 
Committee as being engaged in such commerce.  

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

Additionally,  United  Nations'  Security  Council  Resolution  2002(2011)  clarified  the 
exemption,  already  provided  for  in  Regulation  (EU)  No  356/2010,  permitting  the 
making available of funds, other financial assets or economic resources necessary to 
ensure the timely delivery of urgently needed humanitarian assistance in Somalia by 
the  United  Nations, 
its  specialised  agencies  or  programmes,  humanitarian 
organisations having observer status with the United Nations' General Assembly that 
provide humanitarian assistance, and their implementing partners. This clarification 
should be included in the Regulation. 

(6) 

Council Regulation (EU) No 356/2010 should therefore be amended accordingly. 

1 

OJ L 105, 27.04.2010, p. 1. 

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2012/0057 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures 
directed against certain natural or legal persons, entities or bodies, in view of the 
situation in 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) and (2) thereof, 

Having  regard  to  Council  Decision  2010/231/CFSP  of  26  April  2010  concerning  restrictive 
measures against Somalia2,  

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

Whereas: 

(1) 

(2) 

(3) 

(4) 

Council  Regulation  (EU)  No  356/2010  of  26  April  2010  imposing  certain  specific 
restrictive measures directed against certain natural or legal persons, entities or bodies, 
in view of the situation in Somalia3 imposes restrictive measures against the persons 
entities and bodies identified in Annex I to that Regulation, as provided for in United 
Nations' Security Council Resolution 1844 (2008). 

On 22 February 2012, the United Nations' Security Council adopted Resolution 2036 
(2012),  by  which  it  confirms  its  assessment,  in  paragraph  23,  that  the  export  of 
charcoal from Somalia may pose a threat to the peace, security or stability of Somalia 
and  decides  that  the  Sanctions  Committee  established  by  Resolutions  751(1992)  and 
1907(2009)  may  designate  individuals  and  entities  engaged  in  such  commerce  as 
being subject to the targeted measures established by Resolution 1844. 

On  …  March  2012  the  Council  adopted  Decision  2012/…/CFSP,  which  amends 
Decision 2010/231/CFSP so as to provide, inter alia, for the imposition in the Union 
of  restrictive  measures  against  those  identified  by  the  Sanctions  Committee  as  being 
engaged in such commerce.  

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

2 
3 

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

EN 

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(5) 

Additionally,  United  Nations'  Security  Council  Resolution  2002(2011)  clarified  the 
exemption,  already  provided  for  in  Regulation  (EU)  No  356/2010,  permitting  the 
making  available  of  funds,  other  financial  assets  or  economic  resources  necessary  to 
ensure the  timely delivery  of  urgently  needed humanitarian assistance in Somalia by 
the  United  Nations, 
its  specialised  agencies  or  programmes,  humanitarian 
organisations having observer status with the United Nations' General Assembly that 
provide  humanitarian  assistance,  and  their  implementing  partners.  This  clarification 
should be included in the Regulation. 

(6) 

Council Regulation (EU) No 356/2010 should therefore be amended accordingly. 

HAS ADOPTED THIS REGULATION: 

Regulation (EU) No 356/2010 is amended as follows: 

Article 1 

(1) 

In Article 2, paragraph 3 is replaced by the following paragraph: 

"3.  Annex I shall consist of natural or legal persons, entities or bodies designated 
by  the  Security  Council  or  the  Sanctions  Committee  in  accordance  with 
UNSCR 1844(2008) as: 

– 

– 

– 

– 

– 

(a) engaging in or providing support for acts that threaten the peace, security or 
stability of Somalia, including acts that threaten the Djibouti Agreement of 18 
August  2008  or  the  political  process,  or  threaten  the  Transitional  Federal 
Institutions  (TFIs)  or  the  African  Union  Mission  in  Somalia  (AMISOM)  by 
force; 

(b)  having  acted  in  violation  of  the  arms  embargo  and  related  measures  as 
referred to in Article 1; 

(c) obstructing the delivery of humanitarian assistance to Somalia, or access to, 
or distribution of, humanitarian assistance in Somalia; 

(d)  being  political  or  military  leaders  recruiting  or  using  children  in  armed 
conflicts in Somalia in violation of applicable international law;  

(e) being responsible for violations of applicable international law in Somalia 
involving the targeting of civilians, including children and women, in situations 
of  armed  conflict,  including  killing  and  maiming,  sexual  and  gender-based 
violence,  attacks  on  schools  and  hospitals  and  abduction  and  forced 
displacement; or 

– 

(f) engaging in the commerce of charcoal." 

(2) 

In Article 4, paragraph 1 is replaced by the following paragraph: 

"1.  Article  2(1)  and  (2)  shall  not  apply  to  the  making  available  of  funds  or 
economic resources necessary to ensure the timely delivery of urgently needed 
humanitarian  assistance  in  Somalia  by  the  United  Nations,  its  specialised 

EN 

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agencies  or  programmes,  humanitarian  organisations  having  observer  status 
with  the  United  Nations'  General  Assembly  that  provide  humanitarian 
assistance,  and 
including  bilaterally  or 
multilaterally  funded  NGOs  participating  in  the  UN  Consolidated  Appeal  for 
Somalia." 

implementing  partners, 

their 

(3) 

Annex II shall be replaced by the text set out in the Annex to this Regulation. 

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 II 

Web sites for information on the competent authorities  
and address for notifications to the European Commission 

BELGIUM 

http://www.diplomatie.be/eusanctions 

BULGARIA 

http://www.mfa.government.bg 

CZECH REPUBLIC 

http://www.mfcr.cz/mezinarodnisankce 

DENMARK 

http://um.dk/da/politik-og-diplomati/retsorden/sanktioner/ 

GERMANY 

http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.h
tml 

ESTONIA 

http://www.vm.ee/est/kat_622/ 

IRELAND 

http://www.dfa.ie/home/index.aspx?id=28519 

GREECE 

http://www1.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html 

SPAIN 

http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_
%20Internacionales.aspx 

FRANCE 

http://www.diplomatie.gouv.fr/autorites-sanctions/ 

ITALY 

http://www.esteri.it/UE/deroghe.html 

EN 

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CYPRUS 

http://www.mfa.gov.cy/sanctions 

LATVIA 

http://www.mfa.gov.lv/en/security/4539 

LITHUANIA 

http://www.urm.lt/sanctions 

LUXEMBOURG 

http://www.mae.lu/sanctions 

HUNGARY 

http://www.kormany.hu/download/5/35/50000/ENSZBT-ET-szankcios-tajekoztato.pdf 

MALTA 

http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp 

NETHERLANDS 

http://www.minbuza.nl/sancties 

AUSTRIA 

http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version= 

POLAND 

http://www.msz.gov.pl 

PORTUGAL 

http://www.min-nestrangeiros.pt 

ROMANIA 

http://www.mae.ro/index.php?unde=doc&id=32311&idlnk=1&cat=3 

EN 

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SLOVENIA 

http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarod
na_varnost/omejevalni_ukrepi/  

SLOVAKIA 

http://www.foreign.gov.sk 

FINLAND 

http://formin.finland.fi/kvyhteistyo/pakotteet 

SWEDEN 

http://www.ud.se/sanktioner 

UNITED KINGDOM 

www.fco.gov.uk/competentauthorities 

Address for notifications to the European Commission: 

European Commission 

Service for Foreign Policy Instruments (FPI) 

Office EEAS 02/309 

B-1049 Bruxelles/Brussel (Belgium) 

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

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