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Document 02003R0147-20210126
Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
Consolidated text: Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
02003R0147 — EN — 26.01.2021 — 010.001
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COUNCIL REGULATION (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia (OJ L 024 29.1.2003, p. 2) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 146 |
1 |
8.6.2007 |
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L 322 |
2 |
8.12.2010 |
||
L 187 |
8 |
17.7.2012 |
||
L 282 |
1 |
16.10.2012 |
||
L 129 |
12 |
14.5.2013 |
||
L 158 |
1 |
10.6.2013 |
||
L 306 |
1 |
16.11.2013 |
||
L 138 |
1 |
13.5.2014 |
||
COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019 |
L 182 |
33 |
8.7.2019 |
|
L 36 |
1 |
7.2.2020 |
||
L 23 |
1 |
25.1.2021 |
COUNCIL REGULATION (EC) No 147/2003
of 27 January 2003
concerning certain restrictive measures in respect of Somalia
Article 1
It shall be prohibited:
to provide financing or financial assistance related to military activities, for any sale, supply, transfer or export of goods and technology included in the Common Military List of the European Union ( 1 ), directly or indirectly to any person, entity or body in Somalia;
to provide technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, directly or indirectly, to any person, entity or body in Somalia.
Article 1a
For the purposes of this Regulation, the following definitions apply:
‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;
‘financing or financial assistance’ means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;
‘Sanctions Committee’ means the Committee of the UN Security Council which was established pursuant to paragraph 11 of UNSCR 751 (1992);
‘territory of the Union’ means the territories of the Member States to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in that Treaty, including their airspace.
Article 2
The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 1 shall be prohibited.
Article 2a
By way of derogation from Article 1, the competent authority in the Member State where the service provider is established, as indicated on the websites set out in Annex I, may authorise:
the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, if the competent authority concerned has determined that such financing or financial assistance, or technical assistance is intended solely for the development of the Somali National Security Forces to provide security for the Somali people;
the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union if all of the following conditions are met:
the competent authority concerned has determined that such financing, financial assistance or technical assistance is intended solely for the development of the Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people;
the Sanctions Committee has not taken a negative decision within five working days of receiving a notification from the Member State providing such financing, financial assistance or technical assistance, of any provision of such financing, financial assistance or technical assistance;
the Federal Government of Somalia has been informed in parallel at least five working days in advance in accordance with UNSCR 2551 (2020).
Article 3
the provision of financing or financial assistance for the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use;
the provision of technical assistance related to such non-lethal equipment, provided that such activities have been notified in advance and for its information only to the Sanctions Committee by the supplying Member State, international, regional or subregional organisation;
the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), the African Union Mission in Somalia (AMISOM); AMISOM’s strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with AMISOM; and the European Union Training Mission (EUTM) in Somalia; or
the provision of financing or financial assistance or technical assistance for the sale, supply, transfer or export of goods and technology included in the Common Military List of the European Union destined for the sole use of States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia and for which the Federal Government of Somalia has notified the UN Secretary-General, and provided that any measures undertaken shall be consistent with applicable international humanitarian and international human rights law.
Article 3a
Article 3b
It shall be prohibited:
to import charcoal into the Union if it:
originates in Somalia; or
has been exported from Somalia;
to purchase charcoal which is located in or which originated in Somalia;
to transport charcoal if it originates in Somalia, or is being exported from Somalia to any other country;
to provide, directly or indirectly, financing or financial assistance, as well as insurance and re-insurance related to the import, transport or purchase of charcoal from Somalia referred to in points (a), (b) and (c); and
to participate knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition in points (a), (b), (c) and (d).
Article 3c
Article 4
Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Security Council Committee mentioned in Article 3(1) for the purpose of the effective implementation of this Regulation.
Article 5
The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 6
This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.
Article 6a
The Commission shall amend ►M3 Annex I ◄ on the basis of information supplied by Member States.
Article 7
Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 7 of Council Regulation (EC) No 1318/2002 of 22 July 2002 concerning certain restrictive measures in respect of Liberia ( 5 ).
Article 7a
Article 8
This Regulation shall apply
Article 9
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
ANNEX I
Websites for information on the competent authorities and address for notifications to the European Commission
BELGIUM
https://diplomatie.belgium.be/nl/Beleid/beleidsthemas/vrede_en_veiligheid/sancties
https://diplomatie.belgium.be/fr/politique/themes_politiques/paix_et_securite/sanctions
https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA
https://www.mfa.bg/en/101
CZECH REPUBLIC
www.financnianalytickyurad.cz/mezinarodni-sankce.html
DENMARK
http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY
http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN
http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA
http://www.mvep.hr/sankcije
ITALY
https://www.esteri.it/mae/it/politica_estera/politica_europea/misure_deroghe
CYPRUS
http://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocument
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt/sanctions
LUXEMBOURG
https://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/mesures-restrictives.html
HUNGARY
http://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdf
MALTA
https://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspx
NETHERLANDS
https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
https://www.gov.pl/web/dyplomacja
PORTUGAL
http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/omejevalni_ukrepi
SLOVAKIA
https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
https://www.gov.uk/sanctions-embargoes-and-restrictions
Address for notifications to the European Commission:
European Commission
Service for Foreign Policy Instruments (FPI)
EEAS 07/99
B-1049 Brussels, Belgium
E-mail: relex-sanctions@ec.europa.eu
ANNEX II
Products included within the meaning of the word ‘charcoal’
HS Code |
Description |
4402 |
Wood charcoal (including shell or nut charcoal), whether or not agglomerated |
ANNEX III
List of items referred to in article 3c
1. Equipment and devices, not specified by item 2 in Annex IV to Council Decision 2010/231/CFSP ( 6 ), that are specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord).
2. ‘Technology’‘required’ for the ‘production’ or ‘use’ of the items listed at paragraph 1. (The definitions of the terms ‘technology’, ‘required’, ‘production’ and ‘use’ are from the Common Military List of the European Union ( 7 ).)
3. Explosive materials, as follows, and mixtures containing one or more thereof:
Name of the substance |
Chemical Abstracts Service Registry number (CAS RN) |
Combined Nomenclature (CN) code (1) |
Ammonium Nitrate Fuel Oil (ANFO) |
6484-52-2 (ammonium nitrate) |
3102 30 90 3102 40 |
Nitrocellulose (containing more than 12,5 % nitrogen w/w) |
9004-70-0 |
ex 3912 20 |
Nitroglycerin (except when packaged/prepared in individual medicinal doses) unless compounded or mixed with the ‘energetic material’ specified by ML8.a. or powdered metals specified by ML8.c. of the EU Common Military List |
55-63-0 |
ex 2920 90 70 |
Nitroglycol |
628-96-6 |
ex 2920 90 70 |
Pentaerythritol tetranitrate (PETN) |
78-11-5 |
ex 2920 90 70 |
Picryl chloride |
88-88-0 |
ex 2904 99 00 |
2,4,6-Trinitrotoluene (TNT) |
118-96-7 |
2904 20 00 |
(1)
The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation. |
4. Explosives precursors:
Name of the substance |
Chemical Abstracts Service Registry number (CAS RN) |
Combined Nomenclature (CN) code |
Ammonium nitrate |
6484-52-2 |
3102 30 |
Potassium nitrate |
7757-79-1 |
2834 21 00 |
Sodium chlorate |
7775-09-9 |
2829 11 00 |
Nitric acid |
7697-37-2 |
ex 2808 |
Sulphuric acid |
7664-93-9 |
ex 2807 |
( 1 ) OJ C 98, 15.3.2018, p. 1.
( 2 ) OJ L 105, 27.4.2010, p. 17.
( 3 ) Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1); Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1); Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code OJ L 343, 29.12.2015, p. 558).
( 4 ) OJ C 69, 18.3.2010, p. 19.
( 5 ) OJ L 194, 23.7.2002, p. 1.
( 6 ) Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17).
( 7 ) OJ C 98, 15.3.2018, p. 1.