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16.11.2013 Official
Journal
of
the
European
Union
L
306/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 1153/2013
of 15 November 2013
amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia
THE COUNCIL OF THE EUROPEAN UNION,
(3) On
15 November 2013 the Council adopted
Decision 2013/659/CFSP ( 3 ), which amends Decision
2010/231/CFSP and provides for such derogations.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(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
Having regard to Council Decision 2010/231/CFSP of 26 April
to implement it, in particular with a view to ensuring its
2010 concerning restrictive measures against Somalia and
uniform application by economic operators in all
repealing Common Position 2009/138/CFSP ( 1 ),
Member States.
Having regard to the joint proposal from the High Represen
(5) Regulation
(EC)
No
147/2003
should
therefore
be
tative of the Union for Foreign Affairs and Security Policy and
amended accordingly,
the European Commission,
HAS ADOPTED THIS REGULATION:
Whereas:
Article 1
(1) Council
Regulation
(EC)
No
147/2003
of
27
January In Regulation (EC) No 147/2003, Article 2a is replaced by the
2003 concerning certain restrictive measures in respect
following:
of Somalia ( 2 ) imposes a general ban on the provision of
technical advice, assistance, training, financing and
financial assistance related to military activities to any
person, entity or body in Somalia.
‘Article 2a

By way of derogation from Article 1, the competent auth
ority, as indicated in the websites set out in Annex I, in the
Member State where the service provider is established, may
(2) On
24
July
2013,
the
United
Nations
Security
Council
authorise, under such conditions as it deems appropriate:
(UNSC) adopted Resolution 2111 (2013) thereby
amending the arms embargo imposed by paragraph 5
of UNSC Resolution 733 (1992) and further elaborated
upon by paragraphs 1 and 2 of Resolution 1425 (2002),
(a) the provision of financing, financial assistance, technical
paragraph 12 of Resolution 1846 (2008), paragraph 11
advice, assistance or training relating to military activities,
of Resolution 1851 (2008) and modified by paragraphs
if it has determined that such financing, advice, assistance
33 to 38 of Resolution 2093(2013) thereby providing
or training is intended solely for the support of, or use
for a derogation from the prohibition of assistance
by, the African Union Mission in Somalia (AMISOM)
related to weapons and military equipment intended for
referred to in paragraph 10(b) of United Nations
the support of or use by the United Nations Assistance
Security Council Resolution (UNSCR) 2111 (2013) or
Mission in Somalia (UNSOM) and the European Union
for the sole use of States or international, regional or
Training Mission in Somalia (EUTM).
sub-regional organisations undertaking measures in
accordance with paragraph 10(e) of UNSCR 2111 (2013);
( 1 ) OJ L 105, 27.4.2010, p. 17.
( 2 ) OJ L 24, 29.1.2003, p. 2.
( 3 ) See page 15 of this Official Journal.

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L 306/2
EN
Official Journal of the European Union
16.11.2013
(b) the provision of financing, financial assistance, technical
(e) the provision of financing, financial assistance, technical
advice, assistance or training relating to military activities,
advice, assistance or training relating to military activities,
if it has determined that such financing, advice, assistance
except in relation to the items set out in Annex III, if the
or training is intended solely for the support of, or use
following conditions are met:
by, AMISOM’s strategic partners, operating solely under
the African Union Strategic Concept of 5 January 2012
(or subsequent African Union strategic concepts), and in
(i) the competent authority concerned has determined
cooperation and coordination with AMISOM as stipulated
that such advice, assistance or training is intended
in paragraph 10(c) of UNSCR 2111 (2013);
solely for the development of the Security Forces of
the Federal Government of Somalia to provide
(c) the provision of financing, financial assistance, technical
security for the Somali people; and
advice, assistance or training relating to military activities,
if it has determined that such financing, advice, assistance
or training is intended solely for the support of or use by
(ii) a notification to the Committee established by
United Nations personnel, including the United Nations
paragraph 11 of UNSCR 751 (1992) has been
Assistance Mission in Somalia (UNSOM), as stipulated in
made at least five days in advance of any provision
paragraph 10(a) of UNSCR 2111(2013);
of advice, assistance or training intended solely for
the development of the Security Forces of the
(d) the provision of technical advice, assistance or training
Federal Government of Somalia to provide security
relating to military activities, if the following conditions
for the Somali people, providing all the relevant
are met:
information in accordance with paragraph 16 of
UNSCR 2111 (2013);
(i) the competent authority concerned has determined
that such advice, assistance or training is intended
solely for the purpose of helping to develop
(f) the provision of financing, financial assistance, technical
security sector institutions; and
advice, assistance or training relating to military activities,
if it has determined that such financing, advice, assistance
(ii) the Member State concerned has notified the
or training is intended solely for the support of or use by
Committee established by paragraph 11 of UNSCR
the European Union Training Mission in Somalia
751 (1992) of the determination that such advice,
(EUTM).’
assistance or training is intended solely for the
purpose of helping to develop security sector institu
tions, and of the intention of its competent authority
Article 2
to grant an authorisation, and the Committee has not
objected to that course of action within five working
This Regulation shall enter into force on the day following that
days of notification;
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, 15 November 2013.
For the Council
The President
R. ADIUS

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