Council Regulation (EU) 2020/169Show full title

Article 1 U.K.

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

(1)

Article 2a is amended as follows:

(a)

point (e) is replaced by the following:

‘(e)

the provision of financing, financial assistance, technical advice, assistance or training relating to military activities, if the following conditions are met:

(i)

the competent authority concerned has determined that such financing, financial assistance, technical advice, assistance or training is intended solely for the development of the Somali National Security Forces to provide security for the Somali people; and

(ii)

a notification to the Committee established by paragraph 11 of UNSCR 751 (1992) has been made by the Federal Government of Somalia or, in the alternative, by the Member State providing the financing, financial assistance, technical advice, assistance or training, at least five working days in advance of any provision of such financing, financial assistance, technical advice, assistance or training, in accordance with paragraph 11 of UNSCR 2498 (2019);’;

(b)

the following point is inserted:

‘(ea)

the provision of financing, financial assistance, technical advice, assistance or training relating to military activities if the following conditions are met:

(i)

the competent authority concerned has determined that such financing, financial assistance, technical advice, assistance or training is intended solely for the development of the Somali security sector institutions other than those of the Federal Government of Somalia; and

(ii)

a notification to the Committee established by paragraph 11 of UNSCR 751 (1992) has been made by the Member State providing such financing, financial assistance, technical advice, assistance or training, of any provision of such financing, financial assistance, technical advice, assistance or training, and the Federal Government of Somalia has been informed in parallel at least five working days in advance in accordance with paragraphs 12 and 15 of UNSCR 2498 (2019); and

(iii)

the Committee has not taken a negative decision within five working days of receiving a notification;’.

(2)

In Article 3, paragraph 1 is replaced by the following:

‘1. Article 1 shall not apply to:

(a) the provision of financing and financial assistance for the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use, or for material intended for institution building programmes of the Union or Member States, including in the field of security, carried out within the framework of the Peace and Reconciliation Process; or

(b) the provision of technical advice, assistance or training related to such non-lethal equipment,

if such activities have been notified in advance and for its information only, to the Committee established by paragraph 11 of UNSCR 751 (1992) by the supplying Member State, international regional or subregional organisation.’.

(3)

In Article 3a, paragraph 2 is replaced by the following:

‘2. The rules governing the obligation to provide pre-arrival or pre-departure information, in particular regarding the person who provides that information, the time-limits to be respected and the data required, shall be as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in the customs legislation(1).’.

(4)

The following Article is inserted:

‘Article 3c

1. It shall be prohibited to sell, export, supply or transfer, directly or indirectly, improvised explosive devices components as listed in Annex III to Somalia from the territories of Member States or by nationals of Member States outside the territories of Member States, or using the flag vessels or aircraft of Member States, unless the competent authority of the relevant Member State, as identified on the websites listed in Annex I, has granted prior authorisation.

2. The competent authorities of the Member States shall not grant any authorisation under paragraph 1 if there is sufficient evidence to demonstrate that the item(s) will be used, or that there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices.’.

(5)

Annex III is replaced by the Annex to this Regulation.

(1)

Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1); Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code (OJ L 343, 29.12.2015, p. 1); Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code OJ L 343, 29.12.2015, p. 558).’.