Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia
Date: 2014-04-07
Institutions: European Commission, High Representative of the Union
Subjects: Somalia, arms trade, economic sanctions, international sanctions, military equipment













EUR-Lex - 52014JC0015 - EN











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52014JC0015

Joint Proposal for a COUNCIL REGULATION amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia /* JOIN/2014/015 final - 2014/0126 (NLE) */









EXPLANATORY MEMORANDUM
(1)                   
Council Regulation (EC) No 147/2003 concerning
certain restrictive measures against Somalia[1]
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 5 March 2014, the United Nations Security
Council (UNSC) adopted Resolution 2142 (2014) reaffirming the arms
embargo on Somalia and renewing until 25 October 2014 its determination that
the arms embargo shall not apply to deliveries of weapons, ammunition or
military equipment or the provision of advice, assistance or training, intended
solely for the development of the Security Forces of the Federal Government of
Somalia to provide security for the Somali people, except in relation to
deliveries of certain items as set out in the annex to Resolution 2111 (2013)
which require an advance approval by the Sanctions Committee established
pursuant to Resolution 751 (1992). UNSC Resolution 2142 (2014) also modifies
the notification requirements in relation to deliveries of weapons, ammunition
or military equipment or the provision of advice, assistance or training to
Somalia's Security Forces, as well as for the exemption procedure in relation
to deliveries of items set out in the annex to Resolution 2111 (2013).
(3)                   
The Council is about to adopt a decision
amending Decision 2010/231/CFSP in accordance with
Resolution 2142 (2014).
(4)                   
Further action by the Union is needed in order
to implement certain of these amendments.
(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.
2014/0126 (NLE)
Joint Proposal for a
COUNCIL REGULATION
amending Regulation (EC) No 147/2003
concerning certain 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/CFSP[2],
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)       Council Regulation (EC) No
147/2003 of 27 January 2003 concerning certain restrictive measures against Somalia[3] 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 5 March 2014, the
United Nations Security Council (UNSC) adopted Resolution 2142 (2014)
reaffirming the arms embargo on Somalia and renewing until 25 October 2014 its
determination that the arms embargo shall not apply to deliveries of weapons,
ammunition or military equipment or the provision of advice, assistance or
training, intended solely for the development of the Security Forces of the
Federal Government of Somalia to provide security for the Somali people, except
in relation to deliveries of certain items as set out in the annex to
Resolution 2111 (2013) which require an advance approval by the Sanctions
Committee established pursuant to Resolution 751 (1992). UNSC Resolution 2142
(2014) also modifies the notification requirements in relation to deliveries of
weapons, ammunition or military equipment or the provision of advice,
assistance or training to Somalia's Security Forces, as well as for the
exemption procedure in relation to deliveries of items set out in the annex to
Resolution 2111 (2013).
(3)       On … April 2014 the
Council adopted Council Decision 2014/…/CFSP[4]
amending Decision 2010/231/CFSP in accordance with UNSC Resolution 2142
(2014). 
(4)       Certain of these amendments
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:
Article 1
Regulation (EC) No 147/2003 is amended as
follows:
Article 2a(e) is replaced by the following:
              ‘(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 financing, financial assistance, technical advice,
assistance or training is intended solely for the development of the Security
Forces of the Federal Government of Somalia 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 by the Federal Government of Somalia or, in the
alternative, by the Member State providing the financing, financial assistance,
technical advice, assistance or training, at least five days in advance of any
provision of such financing, financial assistance, technical advice, assistance
or training intended solely for the development of the Security Forces of the
Federal Government of Somalia to provide security for the Somali people, in
accordance with paragraphs 3 and 4 of UNSCR 2142 (2014); 
Article 2
This Regulation shall enter into force on
the day following that of its publication in the Official Journal of the
European Union.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 24, 29.01.2003, p. 2.
[2]               OJ L 105, 27.04.2010, p. 17.
[3]               OJ L 24, 29.01.2003, p. 2.
[4]               OJ L …