Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of 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) 11 final 

2013/0143 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

EN 

   EN 

 
 
 
  
 
(1) 

(2) 

(3) 

(4) 

EXPLANATORY MEMORANDUM 

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. 

2013, 

6  March 

the  United  Nations  Security  Council 

On 
adopted 
resolution 2093 (2013)  thereby  amending  the  arms  embargo  imposed  by  paragraph  5 
of  resolution  733  (1992)  and  further  elaborated  upon  by  paragraphs  1  and  2  of 
resolution  1425  (2002)  thereby  providing  for  a  derogation  from  the  prohibition  of 
assistance  related  to  weapons  and  military  equipment  intended  for  the  support  of 
AMISOM’s strategic partners, for United Nations personnel, for the successor mission 
of the United Nations Political Office for Somalia, for the development of the Security 
Forces of the Federal Government of Somalia, and to provide security for the Somali 
people. 

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. 

EN 

2 

   EN 

                                                 
2013/0143 (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 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 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. 

2013, 

6  March 

the  United  Nations  Security  Council 

On 
adopted 
resolution 2093 (2013)  thereby  amending  the  arms  embargo  imposed  by  paragraph  5 
of  resolution  733  (1992)  and  further  elaborated  upon  by  paragraphs  1  and  2  of 
resolution  1425  (2002)  thereby  providing  for  a  derogation  from  the  prohibition  of 
assistance  related  to  weapons  and  military  equipment  intended  for  the  support  of 
AMISOM’s strategic partners, for United Nations personnel, for the successor mission 
of the United Nations Political Office for Somalia, for the development of the Security 
Forces of the Federal Government of Somalia, and to provide security for the Somali 
people. 
On  …  April  2013  the  Council  adopted  Council  Decision  2013/…/CFSP4,  which 
amends Decision 2010/231/CFSP and provides for such derogations.  

These  measures  fall  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 … 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS REGULATION: 

Article 1 

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

(1) 

Article 2a is replaced by the following: 

“Article 2a 

By way of derogation from Article 1, the competent authority, as indicated in the websites set 
out in Annex I, in the Member State where the service provider is established, may authorise, 
under such conditions as it deems appropriate: 

(a) 

(b) 

(c) 

the  provision  of  financing,  financial  assistance,  technical  advice,  assistance  or 
training related to military activities, if it has determined that such financing, advice, 
assistance or training is intended solely for the support of, or use by, the AMISOM 
mission  referred  to  in  paragraph  4  of  United  Nations  Security  Council  Resolution 
1744  (2007)  or  for  the  sole  use  of  States  and  regional  organisations  undertaking 
measures in accordance with paragraph 6 of UNSCR 1851 (2008) and paragraph 10 
of UNSCR 1846 (2008); 

the  provision  of  financing,  financial  assistance,  technical  advice,  assistance  or 
training related to military activities, if it has determined that such financing, advice, 
assistance  or  training  is  intended  solely  for  the  support  of,  or  use  by,  AMISOM’s 
strategic  partners,  operating  solely  under  the  African  Union  Strategic  Concept  of  5 
January  2012,  and  in  cooperation  and  coordination  with  AMISOM  as  stipulated  in 
paragraph 36 of UNSCR 2093 (2013). 

the  provision  of  financing,  financial  assistance,  technical  advice,  assistance  or 
training related to military activities, if it has determined that such financing, advice, 
assistance or training is intended solely for the support of or use by United Nations 
personnel, including the United Nations Political Office for Somalia or its successor 
mission.  

(d) 

the provision of technical advice, assistance or training related to military activities, 
if the following conditions are met: 

(i) the competent authority concerned has determined that such advice, assistance or 
training  is  intended  solely  for  the  purpose  of  helping  to  develop  security  sector 
institutions, consistent with the political process set out in paragraphs 1, 2 and 3 of 
Resolution 1744 (2007); and 

(ii) the Member State concerned has notified the Committee established by paragraph 
11  of  United  Nations  Security  Council  Resolution  751  (1992)  of  the  determination 
that such advice, assistance or training is intended solely for the purpose of helping 
to develop security sector institutions, consistent with the political process set out in 
paragraphs 1, 2 and 3 of Resolution 1744 (2007) and of the intention of its competent 
authority to grant an authorisation, and the Committee has not objected to that course 
of action within five working days of notification. 

(e) 

the  provision  of  financing,  financial  assistance,  technical  advice,  assistance  or 
training related to military activities, except in relation to the items set out in Annex 
III to this Regulation, if the following conditions are met: 

EN 

4 

   EN 

(i) the competent authority concerned has determined that such advice, assistance or 
training is intended solely for the development of the Security Forces of the Federal 
Government of Somalia, and to provide security for the Somali people; and 

(ii)  a  notification  to  the  Committee  established  by  paragraph  11  of  United  Nations 
Security Council Resolution 751 (1992) has been made at least five days in advance 
of any provision of advice, assistance or training intended solely for the development 
of the Security Forces of the Federal Government of Somalia, and to provide security 
for  the  Somali  people,  providing  details  of  such  advice,  assistance  or  training  in 
accordance with paragraph 38 of UNSCR 2093 (2013); or, if appropriate,  

(iii) the Member State concerned, after having informed the Federal Government of 
Somalia  of  its  intention  to  do  so,  has  notified  the  Committee  established  by 
paragraph 11 of United Nations Security Council Resolution 751 (1992), at least five 
days  in  advance,  of  the  determination  that  such  advice,  assistance  or  training  is 
intended  solely  for  the  development  of  the  Security  Forces  of  the  Federal 
Government  of  Somalia,  and  to  provide  security  for  the  Somali  people,  and  of  the 
intention  of  its  competent  authority  to  grant  an  authorisation,  including  all  the 
relevant information in accordance with paragraph 38 of UNSCR 2093 (2013).” 

(2) 

(3) 

In Article 3(1), points (c) and (d) are deleted. 

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

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 

EN 

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ANNEX  

"ANNEX III 

List of items referred to in Article 2a(e) 

1. 

2. 

3. 

4. 

5. 

6. 

Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS); 

Guns, howitzers, and cannons with a calibre greater than 12.7 mm, and ammunition 
and  components  specially  designed  for  these.  (This  does  not  include  shoulder  fired 
anti-tank  rocket  launchers  such  as  RPGs  or  LAWs,  rifle  grenades,  or  grenade 
launchers.); 

Mortars with a calibre greater than 82 mm; 

Anti-tank  guided  weapons,  including  Anti-tank  Guided  Missiles  (ATGMs)  and 
ammunition and components specially designed for these items; 

Charges and devices intended for military use containing energetic materials; mines 
and related materiel; 

Weapon sights with a night vision capability." 

EN 

6 

   EN