HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 129/12
EN
Official Journal of the European Union
14.5.2013
COUNCIL REGULATION (EU) No 431/2013
of 13 May 2013
amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of
Somalia
THE COUNCIL OF THE EUROPEAN UNION,
(5) Regulation
(EC)
No
147/2003
should
therefore
be
amended accordingly,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
HAS ADOPTED THIS REGULATION:
Having regard to Council Decision 2010/231/CFSP of 26 April
2010 concerning restrictive measures against Somalia ( 1 ),
Article 1
Regulation (EC) No 147/2003 is amended as follows:
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
the European Commission,
(1) Article 2a is replaced by the following:
Whereas:
‘Article 2a
By way of derogation from Article 1, the competent auth
(1) Council
Regulation
(EC)
No
147/2003
( 2 ) imposes a
ority, as indicated in the websites set out in Annex I, in the
general ban on the provision of technical advice,
Member State where the service provider is established, may
assistance, training, financing and financial assistance
authorise, under such conditions as it deems appropriate:
relating to military activities to any person, entity or
body in Somalia.
(a) the provision of financing, financial assistance, technical
(2) On
6
March
2013,
the
United
Nations
Security
Council
advice, assistance or training relating to military activ
adopted Resolution 2093 (2013). That Resolution
ities, if it has determined that such financing, advice,
amended the arms embargo imposed by United
assistance or training is intended solely for the
Nations Security Council Resolution (UNSCR) 733
support of, or use by, the African Union Mission in
(1992) and further elaborated upon by UNSCR 1425
Somalia (Amisom) referred to in paragraph 1 of
(2002). UNSCR 2093 (2013) thus provides for a dero
United Nations Security Council Resolution (UNSCR)
gation from the prohibition of assistance relating to
2093 (2013) or for the sole use of States and
weapons and military equipment intended for the
regional organisations undertaking measures in
support of Amisom’s strategic partners, for United
accordance with paragraph 6 of UNSCR 1851 (2008)
Nations personnel, and for the successor mission of the
and paragraph 10 of UNSCR 1846 (2008);
United Nations Political Office for Somalia, and partially
suspends the arms embargo in relation to the devel
opment of the Security Forces of the Federal Government
of Somalia.
(b) the provision of financing, financial assistance, technical

advice, assistance or training relating to military activ
ities, if it has determined that such financing, advice,
assistance or training is intended solely for the
(3) On
25
April
2013
the
Council
adopted
Decision
support of, or use by, Amisom’s strategic partners,
2013/201/CFSP ( 3 ), which amends Decision
operating solely under the African Union Strategic
2010/231/CFSP and provides for derogations equivalent
Concept of 5 January 2012, and in cooperation and
to those provided by the UNSCR 2093 (2013).
coordination with Amisom as stipulated in paragraph
36 of UNSCR 2093 (2013);
(4) These
measures
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
(c) the provision of financing, financial assistance, technical
to implement it, in particular with a view to ensuring its
advice, assistance or training relating to military activ
uniform application by economic operators in all
ities, if it has determined that such financing, advice,
Member States.
assistance or training is intended solely for the
support of or use by United Nations personnel,
including the United Nations Political Office for
( 1 ) OJ L 105, 27.4.2010, p. 17.
( 2 ) OJ L 24, 29.1.2003, p. 2.
Somalia or its successor mission, as stipulated in
( 3 ) OJ L 116, 26.4.2013, p. 10.
paragraph 37 of UNSCR 2093 (2013);

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EN
14.5.2013 Official
Journal
of
the
European
Union L
129/13
(d) the provision of technical advice, assistance or training
(ii) a notification to the Committee established by
relating to military activities, if the following conditions
paragraph 11 of United Nations Security Council
are met:
Resolution 751 (1992) has been made at least
five days in advance of any provision of advice,
assistance or training intended solely for the devel
(i) the competent authority concerned has determined
opment of the Security Forces of the Federal
that such advice, assistance or training is intended
Government of Somalia, and to provide security
solely for the purpose of helping to develop security
for the Somali people, providing details of such
sector institutions, consistent with the political
advice, assistance or training in accordance with
process set out in paragraphs 1, 2 and 3 of
paragraph 38 of UNSCR 2093 (2013); or, if appro
UNSCR 1744 (2007); and
priate,
(ii) the Member State concerned has notified the
(iii) the Member State concerned, after having informed
Committee established by paragraph 11 of United
the Federal Government of Somalia of its intention
Nations Security Council Resolution 751 (1992) of
to do so, has notified the Committee established by
the determination that such advice, assistance or
paragraph 11 of United Nations Security Council
training is intended solely for the purpose of
Resolution 751 (1992), at least five days in
helping to develop security sector institutions,
advance, of the determination that such advice,
consistent with the political process set out in para
assistance or training is intended solely for the
graphs 1, 2 and 3 of Resolution UNSCR 1744
development of the Security Forces of the Federal
(2007) and of the intention of its competent
Government of Somalia, and to provide security for
authority to grant an authorisation, and the
the Somali people, and of the intention of its
Committee has not objected to that course of
competent authority to grant an authorisation,
action within five working days of notification;
including all the relevant information in accordance
with paragraph 38 of UNSCR 2093 (2013).’;
(e) the provision of financing, financial assistance, technical
advice, assistance or training relating to military activ
(2) in Article 3(1), points (c) and (d) are deleted;
ities, except in relation to the items set out in Annex III,
if the following conditions are met:
(3) the text set out in the Annex to this Regulation is added as
Annex III.
(i) the competent authority concerned has determined
that such advice, assistance or training is intended
Article 2
solely for the development of the Security Forces of
the Federal Government of Somalia, and to provide
This Regulation shall enter into force on the day following that
security for the Somali people; and
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, 13 May 2013.
For the Council
The President
E. GILMORE

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L 129/14
EN
Official Journal of the European Union
14.5.2013
ANNEX
‘ANNEX III
List of items referred to in point (e) of Article 2a
1. Surface to air missiles, including Man-Portable Air-Defence Systems (Manpads);
2. Guns, howitzers, and cannons with a calibre greater than 12,7 mm, and ammunition and components specially
designed for these. (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;
4. Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially
designed for these items;
5. Charges and devices intended for military use containing energetic materials; mines and related materiel;
6. Weapon sights with a night vision capability.’

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Document Outline

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