Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia
Date: 2013-09-30
Institutions: European Commission, High Representative of the Union
Subjects: Somalia, balance of payments assistance, economic sanctions, international sanctions, military cooperation, technical cooperation

EUROPEAN 
COMMISSION 

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

Brussels, 30.9.2013  
JOIN(2013) 26 final 

2013/0330 (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.  Council  Regulation  (EC)  No  147/2003  concerning  certain  restrictive  measures  against 
Somalia 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. 

2.  On  24  July  2013,  the  United  Nations  Security  Council  adopted  Resolution 2111 (2013), 
thereby  amending  the  scope  of  the  arms  embargo  by  allowing  a  derogation  from  the 
prohibition  of  assistance  related  to  weapons  and  military  equipment  intended  for  the 
support of or use by the United Nations Assistance Mission in Somalia (UNSOM) and the 
European Union Training Mission in Somalia (EUTM). 

3.  The Council is about to adopt a decision amending Decision 2010/231/CFSP in order to 

provide for such derogations. 

4.  Further action by the Union is needed in order to implement these measures. 
5.  The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and  the 

Europan Commission propose to amend Regulation (EC) No 147/2003 accordingly. 

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2013/0330 (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/CFSP1, 

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 
Somalia2  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  24  July  2013, 
the  United  Nations  Security  Council  (UNSC)  adopted 
Resolution 2111 (2013) thereby amending the arms embargo imposed by paragraph 5 
of UNSC Resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of 
Resolution  1425  (2002)  and  modified  by  paragraphs  33  to  38  of  Resolution 
2093(2013)  thereby  providing  for  a  derogation  from  the  prohibition  of  assistance 
related  to  weapons  and  military  equipment  intended  for  the  support  of  or  use  by  the 
successor  of  United  Nations  Assistance  Mission  in  Somalia  (UNSOM)  and  the 
European Union Training Mission in Somalia (EUTM). 
On  …  October  2013  the  Council  adopted  Council  Decision  2013/…/CFSP3,  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, 

HAS ADOPTED THIS REGULATION: 

In Regulation (EC) No 147/2003, Article 2a is replaced by the following: 

Article 1 

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

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‘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 relating 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  African  Union  Mission  in  Somalia  (AMISOM)  referred  to  in  paragraph 
10(b) of United Nations Security Council Resolution (UNSCR) 2111 (2013); 

the provision of financing, financial assistance, technical advice, assistance or 
training relating 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 10(c) of UNSCR 2111 (2013); 

the provision of financing, financial assistance, technical advice, assistance or 
training relating 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 Assistance Mission in 
Somalia (UNSOM), as stipulated in paragraph 10(a) of UNSCR 2111(2013); 

(d) 

the  provision  of  technical  advice,  assistance  or  training  relating  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 UNSCR 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 UNSCR 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 relating to military activities, except in relation to the items set out in 
Annex III, if the following conditions are met:  

(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  all  the 

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relevant information in accordance with paragraph 16 of UNSCR 2111 (2013); 
or, if appropriate,  

(iii)  the  Member  State  concerned,  after  having  consulted  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 16 of UNSCR 2111 (2013); 

(f) 

the provision of financing, financial assistance, technical advice, assistance or 
training relating 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 
European Union Training Mission in Somalia (EUTM). 

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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