HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 116/10
EN
Official Journal of the European Union
26.4.2013
DECISIONS
COUNCIL DECISION 2013/201/CFSP
of 25 April 2013
amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
(b) the supply, sale or transfer of weapons and military
equipment, and the supply of direct or indirect
technical advice, financial and other assistance and
Having regard to the Treaty on European Union, in particular
training related to military activities intended solely
Article 29 thereof,
for the support of, or use by, AMISOM’s strategic
partners, operating solely under the African Union
Strategic Concept of 5 January 2012, and in
Whereas:
cooperation and coordination with AMISOM;
(1) On
26
April
2010,
the
Council
adopted
Decision
2010/231/CFSP ( 1 ).
(c) the supply, sale or transfer of arms and related
materiel of all types and to the direct or indirect
supply of technical advice intended solely for the
(2) On
6
March
2013,
the
United
Nations
Security
Council
purpose of helping to develop security sector insti
(‘UNSC’) adopted Resolution 2093 (2013) thereby
tutions, consistent with the political process set out
amending the arms embargo imposed by paragraph 5
in paragraphs 1, 2 and 3 of UNSCR 1744 (2007)
of Resolution 733 (1992) and further elaborated upon
and in the absence of a negative decision by the
by paragraphs 1 and 2 of Resolution 1425 (2002).
Sanctions Committee within five working days of
Resolution 2093 (2013) also updated the designation
receiving the relevant notification;
criteria applied by the UNSC Sanctions Committee estab
lished pursuant to Resolution 751 (1992) concerning
Somalia.
(d) the supply, sale or transfer of non-lethal military
equipment intended solely for humanitarian or
(3) Decision
2010/231/CFSP
should
therefore
be
amended
protective use, or of materiel intended for institution
accordingly,
building programmes of the Union, or Member
States, including in the field of security, carried
out within the framework of the Peace and Recon
HAS ADOPTED THIS DECISION:
ciliation Process, as approved in advance by the
Sanctions Committee, and of protective clothing,
including flak jackets and military helmets,
Article 1
temporarily exported to Somalia by UN personnel,
Decision 2010/231/CFSP is hereby amended as follows:
representatives of the media and humanitarian and
development workers and associated personnel for
their personal use only;
(1) Article 1 is amended as follows:
(e) the supply, sale or transfer of weapons and military
(a) paragraph 3 is replaced by the following:
equipment, and the supply of direct or indirect
technical advice, financial and other assistance and
‘3. Paragraphs 1 and 2 shall not apply to:
training related to military activities, intended solely
for the support of or use by UN personnel,
including the UN Political Office for Somalia or its
(a) the supply, sale or transfer of arms and related
successor mission;
materiel of all types and the direct or indirect
supply of technical advice, financial and other
assistance and training related to military activities
(f) the supply, sale or transfer of weapons and military
intended solely for the support of or use by
equipment, and the supply of direct or indirect
AMISOM as stipulated in paragraph 4 of UNSCR
technical advice, financial and other assistance and
1744 (2007) or for the sole use of States and
training related to military activities intended solely
regional organisations undertaking measures in
for the development of the Security Forces of the
accordance with paragraph 6 of UNSCR 1851
Federal Government of Somalia, and to provide
(2008) and paragraph 10 of UNSCR 1846 (2008);
security for the Somali people, except in relation
to deliveries of the items set out in Annex II, if a
( 1 ) OJ L 105, 27.4.2010, p. 17.
notification to the Sanctions Committee has been

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EN
26.4.2013 Official
Journal
of
the
European
Union L
116/11
made at least five days in advance in accordance
that threaten the peace and reconciliation process in
with paragraph 38 of UNSCR 2093 (2013),
Somalia, or threaten the Federal Government of
including, if appropriate, as set out in paragraph 4
Somalia or AMISOM by force,
of this Article.’;
— having acted in violation of the arms embargo or the
(b) the following paragraphs are added:
arms resale and transfer restrictions or the prohibition
against providing related assistance as referred to in
‘4. A
Member
State,
after
having
informed
the
Article 1,
Federal Government of Somalia of its intention to do
so, may inform the Sanctions Committee, at least five
— obstructing the delivery of humanitarian assistance to
days in advance, of any provision of assistance under
Somalia, or access to, or distribution of, humanitarian
point (f) of paragraph 3. Where a Member State chooses
assistance in Somalia,
to provide such a notification it shall contain all relevant
information, including, where applicable, the type and
quantity of weapons, ammunitions, military equipment
— being political or military leaders recruiting or using
and materiel to be delivered, and the proposed date of
children in armed conflicts in Somalia in violation of
delivery.
applicable international law,
5. It
shall
be
prohibited
to
supply,
resale,
transfer,
or
— being responsible for violations of applicable inter
make available for use any weapons or military
national law in Somalia involving the targeting of
equipment, sold or supplied solely for the development
civilians including children and women in situations of
of the Security Forces of the Federal Government of
armed conflict, including killing and maiming, sexual
Somalia to any individual or entity not in the service
and gender-based violence, attacks on schools and
of the Security Forces of the Federal Government of
hospitals and abduction and forced displacement.
Somalia.’;
The relevant persons and entities are listed in the Annex I.’;
(2) the following Article is inserted:
(4) the word ‘Annex’ is replaced by ‘Annex I’ throughout the
‘Article 1b
text;
Member States shall exercise vigilance over the direct or
indirect supply, sale or transfer to Somalia of items not
(5) Annex II is added in accordance with the Annex to this
subject to the measures set out in Article 1(1) and over
Decision.
the direct or indirect supply to Somalia of technical
advice, financial and other assistance and training related
Article 2
to military activities related to those items.’;
This Decision shall enter into force on the day of its publication
in the Official Journal of the European Union.
(3) Article 2 is replaced by the following:
‘Article 2
Done at Brussels, 25 April 2013.
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:
For the Council
— engaging in, or providing support for, acts that threaten
The President
the peace, security or stability of Somalia, including acts
E. GILMORE

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L 116/12
EN
Official Journal of the European Union
26.4.2013
ANNEX
‘ANNEX II
List of items referred to in Article 1(3)(f)
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 those. (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 those 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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