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►B	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:

		Official Journal
		No	page	date
►M1	COUNCIL REGULATION (EC) No 631/2007 of 7 June 2007	L 146	1	8.6.2007
►M2	COUNCIL REGULATION (EU) No 1137/2010 of 7 December 2010	L 322	2	8.12.2010
►M3	COUNCIL REGULATION (EU) No 642/2012 of 16 July 2012	L 187	8	17.7.2012
M4	COUNCIL REGULATION (EU) No 941/2012 of 15 October 2012	L 282	1	16.10.2012
M5	COUNCIL REGULATION (EU) No 431/2013 of 13 May 2013	L 129	12	14.5.2013
M6	COUNCIL REGULATION (EU) No 517/2013 of 13 May 2013	L 158	1	10.6.2013
M7	COUNCIL REGULATION (EU) No 1153/2013 of 15 November 2013	L 306	1	16.11.2013
M8	COUNCIL REGULATION (EU) No 478/2014 of 12 May 2014	L 138	1	13.5.2014
M9	COMMISSION IMPLEMENTING REGULATION (EU) 2019/1163 of 5 July 2019	L 182	33	8.7.2019
►M10	COUNCIL REGULATION (EU) 2020/169 of 6 February 2020	L 36	1	7.2.2020
►M11	COUNCIL REGULATION (EU) 2021/48 of 22 January 2021	L 23	1	25.1.2021
►M12	COMMISSION IMPLEMENTING REGULATION (EU) 2022/595 of 11 April 2022	L 114	60	12.4.2022
►M13	COUNCIL REGULATION (EU) 2023/154 of 23 January 2023	L 22	1	24.1.2023

▼B

COUNCIL REGULATION (EC) No 147/2003

of 27 January 2003

concerning certain restrictive measures in respect of Somalia

▼M11

Article 1

It shall be prohibited:

(a)

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;

(b)

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.

▼M11

Article 1a

For the purposes of this Regulation, the following definitions apply:

(a)

‘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;

(b)

‘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;

(c)

‘Sanctions Committee’ means the Committee of the UN Security Council which was established pursuant to paragraph 11 of UNSCR 751 (1992);

(d)

‘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.

▼B

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.

▼M13 —————

▼M13

Article 3

Article 1 shall not apply to 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:

(a)

the support of, or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM);

(b)

the support of, or use by the African Union Transition Mission in Somalia (ATMIS) and its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

(c)

the support of, or use by: European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland and the United States of America, as well as any other State forces that are either operating within the Somalia Transition Plan, or have a status of forces agreement or a memorandum of understanding with the Federal Government of Somalia to serve the purposes of UNSC Resolution 2662 (2022) provided they inform the Sanctions Committee about concluding such agreements;

(d)

the development of Somalia’s security and police institutions, at local and national level, to provide security for the Somali people.

By derogation from paragraph 1, point (d), the provision of financing or financial assistance or technical assistance related to military activities for the development of Somalia’s security and police institutions shall be subject to:

(a)

in relation to goods and technology included in Annex IV, the absence of a negative decision by the Sanctions Committee, within five working days of the Committee receiving a notification from Somalia or a Member State or the international, regional or sub regional organisation delivering assistance;

(b)

in relation to goods and technology included in Annex V, prior notification to the Sanctions Committee for information purposes submitted five working days in advance by Somalia, the Member States or international, regional and subregional organisations delivering assistance.

Notifications by the European Union or Member States under paragraph 2, points (a) and (b), of this Article shall include:

(a)

details of the manufacturer and supplier of the weapons and military equipment, including serial numbers;

(b)

a description of the arms and ammunition including the type, calibre and quantity;

(c)

proposed date and place of delivery; and

(d)

all relevant information concerning the intended destination unit, or the intended place of storage.

The European Union or the supplying Member State delivering assistance in the form of financing, financial assistance or technical assistance in relation to goods and technology included in the Common Military List of the European Union shall, no later than 30 days after the delivery of arms and related material of all types, submit to the Sanctions Committee a post-delivery notification in the form of written confirmation of the completion of any delivery, including the serial numbers for the arms and related material delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage.

Article 1 shall not apply to:

(a)

the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

(b)

the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use.

▼M2

Article 3a

In order to ensure the strict implementation of Articles 1 and 3 of Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia ( 2 ), all goods brought into or leaving the customs territory of the Union to and from Somalia shall be made subject to pre-arrival or pre-departure information to be submitted to the competent authorities of the Member States concerned.

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The rules governing the obligation to provide pre-arrival or pre-departure information, in particular regarding the person who provides that information, the time-limits to be respected and the data required, shall be as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in the customs legislation ( 3 ).

▼M2

Furthermore, the person who provides the information referred to in paragraph 2, shall declare whether the goods are covered by the Common Military List of the European Union ( 4 ) and, if their export is subject to an exemption, specify the particulars of the export licence granted.

Until 31 December 2010 the entry and exit summary declarations and the required additional elements as referred to in this Article may be submitted in written form using commercial, port or transport documentation, provided that it contains the necessary particulars.

As from 1 January 2011 the required additional elements, as referred to in paragraph 3, shall be submitted either in written form or using a customs declaration as appropriate.

▼M3

Article 3b

It shall be prohibited:

(a)

to import charcoal into the Union if it:

(i)

originates in Somalia; or

(ii)

has been exported from Somalia;

(b)

to purchase charcoal which is located in or which originated in Somalia;

(c)

to transport charcoal if it originates in Somalia, or is being exported from Somalia to any other country;

(d)

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

(e)

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).

For the purposes of this Article, ‘charcoal’ means the products listed in Annex II.

The prohibitions in paragraph 1 shall not apply to the purchase or transport of charcoal which had been exported from Somalia prior to 22 February 2012.

▼M10

Article 3c

It shall be prohibited to sell, export, supply or transfer, directly or indirectly, improvised explosive devices components as listed in Annex III to Somalia from the territories of Member States or by nationals of Member States outside the territories of Member States, or using the flag vessels or aircraft of Member States, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex I, has granted prior authorisation.

The competent authorities of the Member States shall not grant any authorisation under paragraph 1 if there is sufficient evidence to demonstrate that the item(s) will be used, or that there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices.

▼B

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.

▼M1

Article 6a

The Commission shall amend ►M3 Annex I ◄ on the basis of information supplied by Member States.

▼B

Article 7

Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.

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 ).

Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by such person, entity or body.

▼M1

Article 7a

Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites as set out in ►M3 Annex I ◄ .

Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.

▼B

Article 8

This Regulation shall apply

—

within the territory of the Community, including its airspace,

—

on board any aircraft or any vessel under the jurisdiction of a Member State,

—

to any person elsewhere who is a national of a Member State, and

—

to any legal person, entity or body which is incorporated or constituted under the law of a Member State.

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.

▼M3

ANNEX I

Websites for information on the competent authorities and address for notifications to the European Commission

▼M12

BELGIUM

https://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions

BULGARIA

https://www.mfa.bg/en/EU-sanctions

CZECHIA

www.financnianalytickyurad.cz/mezinarodni-sankce.html

DENMARK

http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/

GERMANY

https://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.html

ESTONIA

https://vm.ee/et/rahvusvahelised-sanktsioonid

IRELAND

https://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/

GREECE

http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html

SPAIN

https://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspx

FRANCE

http://www.diplomatie.gouv.fr/fr/autorites-sanctions/

CROATIA

https://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955

ITALY

https://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/

CYPRUS

https://mfa.gov.cy/themes/

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/organisations-economiques-int/mesures-restrictives.html

HUNGARY

https://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztato

MALTA

https://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspx

NETHERLANDS

https://www.rijksoverheid.nl/onderwerpen/internationale-sancties

AUSTRIA

https://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/

POLAND

https://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowe

https://www.gov.pl/web/diplomacy/international-sanctions

PORTUGAL

https://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivas

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

https://um.fi/pakotteet

SWEDEN

https://www.regeringen.se/sanktioner

Address for notifications to the European Commission:

European Commission

Directorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)

Rue de Spa 2

B-1049 Brussels, Belgium

E-mail: relex-sanctions@ec.europa.eu

▼M3

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

▼M10

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 ).)

▼M11

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.

▼M10

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

▼M13

ANNEX IV

LIST OF ITEMS REFERRED TO IN ARTICLE 3(2), POINT (a)

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

2. Weapons with a calibre greater than 14,7 mm, and components specially designed for these, and associated ammunition. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.)

3. Mortars with a calibre greater than 82 mm and associated ammunition.

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

5. Charges and devices specifically designed or modified for military use; mines and related materiel.

6. Weapon sights with a night vision capability greater than generation 2.

7. Fixed wing, swivel wing, tilt rotor or tilt wing aircraft, specifically designed or modified for military use.

8. ‘Vessels’ and amphibious vehicles specifically designed or modified for military use. (‘Vessel’ includes any ship, surface effect vehicle, vessel of small water plane area or hydrofoil and the hull or part of the hull of a vessel.)

9. Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).

ANNEX V

LIST OF ITEMS REFERRED TO IN ARTICLE 3(2), POINT (b)

1. All types of weapons with a calibre up to 14,7 mm, and associated ammunition.

2. RPG-7 and recoilless rifles, and associated ammunition.

3. Weapon sights with a night vision capability generation 2 or lower.

4. Rotor wing or helicopters specifically designed or modified for military use.

5. Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06 July 2008) or national equivalents.

6. Ground vehicles specifically designed or modified for military use.

7. Communication equipment specifically designed or modified for military use.

( 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.

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