Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia
Date: 2012-09-19
Institutions: European Commission, High Representative of the Union
Subjects: arms supply, derogation from EU law, economic sanctions, import restriction, international sanctions

EUROPEAN COMMISSION 

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

Brussels, 19.9.2012  
JOIN(2012) 26 final 

2012/0265 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

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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  25  July  2012,  the  United  Nations  Security  Council  adopted  Resolution  2060 
(2012), by which it provides, at paragraph 10, for a derogation from the prohibition of 
assistance related to weapons and military equipment intended for the United Nations 
Political Office. 

The  Council  will  adopt  a  new  Council  Decision  amending  Decision  2010/231/CFSP 
so as to provide for such derogation.  

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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2012/0265 (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 thereof,  

Having  regard  to  Council  Decision  2010/231/CFSP  of  26 April  2010  concerning  restrictive 
measures against Somalia and repealing Common Position 2009/138/CFSP2, 

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 concerning certain restrictive measures against 
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  25  July  2012,  the  United  Nations  Security  Council  adopted  Resolution  2060 
(2012), by which it provides, at paragraph 10, for a derogation from the prohibition of 
assistance related to weapons and military equipment intended for the United Nations 
Political Office. 

On … September 2012 the Council adopted Council Decision 2012/…/CFSP4, which 
amends Decision 2010/231/CFSP and provides for such derogation.  

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 
4 

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

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HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 3 paragraph 1 is replaced by the following: 

1. Article 1 shall not apply to:  

“Article 3  

(a) 

(b) 

(c) 

(d) 

the  provision  of  financing  and  financial  assistance  for  the  sale,  supply,  transfer  or 
export  of  non-lethal  military  equipment  intended  solely  for  humanitarian  or 
protective  use,  or  for  material  intended  for  institution  building  programmes  of  the 
Union  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,  

the  provision  of  financing  and  financial  assistance  for  the  sale,  supply,  transfer  or 
export of weapons and military equipment intended solely for the support of or use 
by the United Nations Political Office for Somalia, 

the provision of technical advice, assistance or training related to such weapons and 
military 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.” 

This  Regulation  shall  enter  into  force  on  the  day  following  the  day  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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