EUROPEAN COMMISSION

Brussels, 20.2.2024

JOIN(2024) 4 final

2024/0045(NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

EXPLANATORY MEMORANDUM

(1)Council Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia restricts the provision of financing, financial assistance and technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union to any person, entity or body in Somalia. It also restricts the supply to Somalia of goods that can contribute to the manufacture of improvised explosive devices (IEDs).

(2)On 1 December 2023, the United Nations Security Council (UNSC) adopted Resolution 2713 (2023). That Resolution establishes a general and complete embargo on all deliveries of weapons and military equipment to Al-Shabaab in Somalia, renames the Sanctions Committee, introduces changes to the scope of exemptions to the arms embargo and the related financing, financial assistance and technical assistance intended for certain recipients in Somalia, as well as adjusts the IEDs components ban.

(3)On 1 December 2023, the UNSC adopted Resolution 2714 (2023). That Resolution lifts the arms embargo on the Federal Republic of Somalia established under UNSC Resolution 733 (1992) as amended.

(4)The Council is about to adopt a decision amending Decision 2010/231/CFSP in order to mirror the amendments of the Resolutions.

(5)Decision (CFSP) 2024/XXX also introduces a modification to the title of Decision 2010/231/CFSP.

(6)Further action by the Union is needed in order to implement these measures. Regulatory action at the Union level is therefore necessary to give effect to Decision (CFSP) 2024/XXX, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(7)The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission propose to amend Regulation (EC) No 147/2003 accordingly.

2024/0045 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Council 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 Decision (CFSP) 2024/XXX of XXX 1 amending Council Decision 2010/231/CFSP 2 of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP,

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 concerning certain restrictive measures in respect of Somalia restricts the provision of financing, financial assistance and technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union to any person, entity or body in Somalia. It also restricts the supply to Somalia of goods that can contribute to the manufacture of improvised explosive devices (‘IEDs’).

(2)On 1 December 2023, the United Nations Security Council (UNSC) adopted Resolution 2713 (2023). That Resolution establishes a general and complete embargo on all deliveries of weapons and military equipment to Al-Shabaab in Somalia, renames the Sanctions Committee, introduces changes to the scope of exemptions to the arms embargo and the related financing, financial assistance and technical assistance intended for certain recipients in Somalia, as well as adjusts the IEDs components ban.

(3)On 1 December 2023, the UNSC adopted Resolution (UNSCR) 2714 (2023). That Resolution lifts the arms embargo on the Federal Republic of Somalia established under UNSC Resolution 733 (1992) as amended.

(4)On XX, the Council adopted Decision (CFSP) 2024/XXX, which amends Decision 2010/231/CFSP in accordance with UNSCR 2713 (2023) and 2714 (2023).

(5)Decision (CFSP) 2024/XXX also introduces a modification to the title of Decision 2010/231/CFSP.

(6)Some 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 them, notably with a view to ensuring their uniform application by economic operators in all Member States.

(7)Regulation (EC) No 147/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Council Regulation (EC) No 147/2003 is amended as follows:

(1)The title of Regulation (EC) No 147/2003 is replaced by ‘Council Regulation (EC) No 147/2003 concerning restrictive measures in view of the situation in Somalia’.

(2)Point (c) in Article 1a is replaced by the following:

‘(c) ‘Sanctions Committee’ means the Committee of the UN Security Council pursuant to resolution 2713 (2023);’

(3)Article 3 is replaced by the following:

‘Article 3

1.   Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, 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:

(a)the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) and the Somali Custodial Corps;

(b)United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);

(c)the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;

(d)the 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, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements;

2.   By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, 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 Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:

(a)in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days;

(b)in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance.

3.   Notifications under paragraph 2, points (a) and (b), of this Article shall include:

(a)details of the manufacturer and supplier of the weapons, ammunition and military equipment, including type, lot/batch and 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.

4.   Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related 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, private security contractors 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.

(c)entry into Somali ports for temporary visits of vessels carrying weapons and military equipment for defensive purposes provided that such items remain at all times aboard such vessels.’

(4)In article 3c, paragraphs 3 and 4 are inserted as follows:

‘3. Prior to selling, exporting, supplying or transferring any items in Annex III to Somalia, the Member State concerned should notify the GFRS for its awareness. It shall further notify the GFRS and the Sanctions Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place.

4. Notifications pursuant to paragraph 3 shall contain all relevant information, including:

(a)purpose of the use of the item(s);

(b)end user;

(c)technical specifications;

(d)quantity of the item(s); and

(e)intended storage location.’

(5)Annex III is replaced in accordance with Annex I to this Regulation.

(6)Annex IV is replaced in accordance with Annex II to this Regulation.

(7)Annex V is replaced in accordance with Annex III to this Regulation.

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,

(1)    OJ […]

(2)    OJ L 105, 27.4.2010, p. 17.

EUROPEAN COMMISSION

Brussels, 20.2.2024

JOIN(2024) 4 final

ANNEXES

to the Joint Proposal for a

COUNCIL REGULATION

amending Council Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

ANNEX I

Annex III is replaced by the following:

‘ ANNEX III

List of items referred to in Article 3c

1. Equipment and devices, not specified by item 3 in Annex IV to Council Decision 2010/231/CFSP 1 , 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 paragraphs 1 and 3. (The definitions of the terms ‘technology’, ‘required’, ‘production’ and ‘use’ are from the Common Military List of the European Union 2 )

3. Explosive materials and precursors, as follows, and mixtures containing one or more thereof:

‘

ANNEX II

Annex IV is replaced by the following:

‘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 12.7 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 (light anti-tank weapon), recoilless rifles, 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; and fuses.

6. Weapon sights with a night vision capability, including thermal and infrared, and accessories.

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 waterplane area or hydrofoil and the hull or part of the hull of a vessel.)

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

ANNEX III

Annex V is replaced by the following:

‘ANNEX V

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

1. All types of weapons with a calibre up to 12.7 mm, and associated ammunition.

2. RPG-7, LAWs (light anti-tank weapons) and recoilless rifles, and associated ammunition.

3. Weapon sights.

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

5. Body armour or protective garments, as follows: a. 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)    Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 200/138/CFSP (OJ L 105, 27.4.2010, p. 17).

(2)    OJ C 72, 28.2.2023, p. 2.