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: 2013-04-26
Institutions: European Commission, High Representative of the Union
Subjects: Somalia, arms trade, economic sanctions, international sanctions

EUROPEAN 
COMMISSION 

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

Brussels, 26.4.2013  
JOIN(2013) 10 final 

2013/0142 (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 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

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  6  March  2013, 
adopted 
Resolution 2093 (2013)  thereby  updating  the  designation  criteria  applied  by  the 
Security Council Sanctions Committee established pursuant to resolution 751 (1992) 
concerning Somalia. 

the  United  Nations  Security  Council 

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. 

(4) 

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

1 

OJ L 105, 27.04.2010, p. 1. 

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2013/0142 (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 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). 

2013, 

6  March 

the  United  Nations  Security  Council 

On 
adopted 
Resolution 2093 (2013)  thereby  updating  the  designation  criteria  applied  by  the 
Security  Council  Sanctions  Committee  established  pursuant  to  resolution 751 (1992) 
concerning Somalia. 
On  …  April  2013  the  Council  adopted  Council  Decision  2013/…/CFSP4,  which 
amends Decision 2010/231/CFSP and introduces these updates.  

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

HAS ADOPTED THIS REGULATION: 

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

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

Article 1 

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3 
4 

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

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"3.  Annex I shall consist of natural or legal persons, entities or bodies designated 

by the Security Council or the Sanctions Committee as: 

(a) 

engaging in or providing support for acts that threaten the peace, security 
or  stability  of  Somalia,  including  acts  that  threaten  the  peace  and 
reconciliation process in Somalia, or threaten the Federal Government of 
Somalia or the African Union Mission in Somalia (AMISOM) by force; 

(b)  having  acted  in  violation  of  the  arms  embargo  or  the  arms  resale  and 
transfer restrictions or the prohibition against providing related assistance 
as stipulated in paragraph 34 of UNSCR 2093 (2013); 

(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." 

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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