Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia
Date: 2012-03-09
Institutions: European Commission, High Representative of the Union
Subjects: Somalia, coal, economic sanctions, export restriction, international sanctions

EUROPEAN 
COMMISSION 

HIGH REPRESENTATIVE OF THE_ 
EUROPEAN UNION FOR _FOREIGN AFFAIRS
AND _SECURITY POLICY

Brussels, 9.3.2012  
JOIN(2012) 5 final 

2012/0058 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

Council Regulation (EC) No 147/2003 concerning certain restrictive measures against 
Somalia1  imposes  a  general  ban  on  the  provision  of  technical  advice,  assistance, 
training, financing and financial assistance related to military activities to any person, 
entity or body in Somalia. 

On 22 February 2012, the United Nations' Security Council adopted Resolution 2036 
(2012),  by  which  it  calls,  in  paragraph  22,  for  states  to  take  measures  to  prevent  the 
direct or indirect import of charcoal from Somalia. 

The  Council  has  reached  political  agreement  to  adopt  a  new  Council  Decision 
amending Decision 2010/231/CFSP so as to provide for the prohibition of the direct or 
indirect import of charcoal from Somalia into the Union.  

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. 

(5) 

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

1 

OJ L 24, 29.01.2003, p. 2. 

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2012/0058 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Regulation (EC) No 147/2003 concerning 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/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  (EC)  No  147/2003  of  27  January  2003  concerning  certain 
restrictive measures in respect of Somalia3 imposes a general ban on the provision of 
technical  advice,  assistance,  training,  financing  and  financial  assistance  related  to 
military activities to any person, entity or body in Somalia. 

On 22 February 2012, the United Nations' Security Council adopted Resolution 2036 
(2012),  by  which  it  calls,  in  paragraph  22,  for  all  UN  Member  States  to  take  the 
necessary measures to prevent the direct or indirect import of charcoal from Somalia. 

On  …  March  2012  the  Council  adopted  Council  Decision  2012/…/CFSP,  which 
amends Decision 2010/231/CFSP so as to provide for the prohibition of the direct or 
indirect import of charcoal from Somalia into the Union.  

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. 

(5) 

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

2 
3 

OJ L 105, 27.04.2010, p. 17. 
OJ L 24, 29.01.2003, p. 2. 

EN 

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HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

The following Article 3b is inserted: 

1. 

It shall be prohibited: 

"Article 3b 

(a) 

to import charcoal into the Union if it: 

(i) originates in Somalia; or  

(ii) has been exported from Somalia; 

(b) 

to purchase charcoal which is located in or which originated in Somalia; 

(c) 

(d) 

to  transport  charcoal  if  it  originates  in  Somalia,  or  is  being  exported  from 
Somalia to any other country; and 

to  provide,  directly  or  indirectly,  financing  or  financial  assistance,  as  well  as 
insurance and re-insurance related to the goods referred to in points (a), (b) and 
(c). 

2. 

3. 

For the purposes of this Article, "charcoal" means the products listed in Annex II. 

The prohibitions in paragraph 1 shall not apply to the purchase or transport of charcoal 
which had been exported from Somalia prior to 22 February 2012." 

In  Article  2a,  Article  6a  and  Article  7a(1),  references  to  'the  Annex'  are  replaced  by 

(2) 
references to 'Annex I'.  

The Annex shall be renamed 'Annex I' and shall be replaced by the text of Annex I to 

(3) 
this Regulation. 

(4) 

The text set out in Annex II to this Regulation is added as Annex II. 

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

Article 2 

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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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ANNEX I 

"Annex I 

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 

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

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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ANNEX II 

"Annex II 

Products included within the meaning of the word "charcoal" 

HS Code  Description 

4402  Wood charcoal (including shell or nut charcoal), whether or not agglomerated" 

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