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 Council Decision 2010/231/CFSP 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 of 27 January 2003 concerning certain restrictive measures in respect of Somalia 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.
(2)
On 24 July 2013, the United Nations Security Council (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), paragraph 12 of Resolution 1846 (2008), paragraph 11 of Resolution 1851 (2008) and modified by paragraphs 33 to 38 of Resolution 2093(2013) thereby providing for a derogation from the prohibition of assistance related to weapons and military equipment intended for the support of or use by the United Nations Assistance Mission in Somalia (UNSOM) and the European Union Training Mission in Somalia (EUTM).
(3)
On 15 November 2013 the Council adopted Decision 2013/659/CFSP, which amends Decision 2010/231/CFSP and provides for such derogations.
(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 to implement it, in particular with a view to ensuring its uniform application by economic operators in all Member States.
(5)
Regulation (EC) No 147/2003 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: