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Document 32023D0160
Council Decision (CFSP) 2023/160 of 23 January 2023 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Decision (CFSP) 2023/160 of 23 January 2023 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Decision (CFSP) 2023/160 of 23 January 2023 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
ST/14255/2022/INIT
OJ L 22, 24.1.2023, p. 22–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
24.1.2023 |
EN |
Official Journal of the European Union |
L 22/22 |
COUNCIL DECISION (CFSP) 2023/160
of 23 January 2023
amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1). |
(2) |
On 17 November 2022, the United Nations Security Council adopted Resolution (UNSCR) 2662 (2022). That Resolution reaffirms the arms embargo on Somalia and amends the application of derogations and exemptions concerning the delivery of arms and related materials to Somalia’s security and police institutions at the national and local level. That Resolution reaffirms the prohibition on the import of charcoal from Somalia, and also confirms the restrictions on the sale, supply and transfer of improvised explosive device (IED) components to Somalia. |
(3) |
Decision 2010/231/CFSP should therefore be amended accordingly. |
(4) |
Further action by the Union is necessary to implement certain measures in this Decision, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/231/CFSP is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
Article 2 is replaced by the following: ‘Article 2 1. Restrictive measures as provided for in Articles 3, 5(1) and 6(1) and (2) shall be imposed against persons and entities designated by the Sanctions Committee as:
2. The relevant persons and entities are listed in Annex I.’ |
(3) |
Article 4a is replaced by the following: ‘Article 4a Member States may, in accordance with paragraphs 11 to 21 of UNSCR 2182 (2014), inspect, in Somali territorial waters and on the high seas off the coast of Somalia extending to and including the Arabian Sea and Persian Gulf, acting nationally or through voluntary multinational naval partnerships, such as “Combined Maritime Forces”, in cooperation with the Federal Government of Somalia, vessels bound to or from Somalia which they have reasonable grounds to believe are:
|
(4) |
Annex II is replaced by Annex I to this Decision. |
(5) |
Annex III is replaced by Annex II to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 23 January 2023.
For the Council
The President
J. BORRELL FONTELLES
(1) 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).
ANNEX I
‘ANNEX II
LIST OF ITEMS REFERRED TO IN ARTICLE 1(3), POINT (d)(i)
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 II
‘ANNEX III
LIST OF ITEMS REFERRED TO IN ARTICLE 1(3), POINT (d)(ii)
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.