Council Regulation (EU) 2020/169Show full title

Council Regulation (EU) 2020/169

of 6 February 2020

amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia

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(1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

(1) Council Regulation (EC) No 147/2003(2) concerning certain restrictive measures in respect of Somalia imposes a general prohibition on the provision of technical advice, assistance, training, financing and financial assistance related to military activities to any person, entity or body in Somalia, as well as a prohibition on the import, purchase and transport of charcoal from Somalia.

(2) On 15 November 2019, the United Nations Security Council (UNSC) adopted Resolution (UNSCR) 2498 (2019). That Resolution reaffirms a general and complete arms embargo on Somalia and amends the exemptions, advance approvals and notifications concerning the delivery of arms and related materials to Somalia. Furthermore, that Resolution reaffirms the prohibition on the import of charcoal from Somalia and introduces restrictions on improvised explosive device components.

(3) On 6 February 2020 the Council adopted Decision (CFSP) 2020/170(3), which amends Decision 2010/231/CFSP in accordance with UNSCR 2498 (2019).

(4) Certain of these amendments 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 them, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(5) Regulation (EC) No 147/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

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(4).’.

(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.

Article 2 U.K.

This Regulation shall enter into force on the day following that 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, 6 February 2020.

For the Council

The President

A. Metelko-Zgombić

ANNEX U.K.

‘ANNEX III LIST OF ITEMS REFERRED TO IN ARTICLE 3C

1. Equipment and devices, not specified by item 2 in Annex IV to Council Decision 2010/231/CFSP(5), that are specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord).

2. “Technology”“required” for the “production” or “use” of the items listed at paragraph 1. (The definitions of the terms “technology”, “required”, “production” and “use” are from the Common Military List of the European Union(6).)

3. Explosive materials, as follows, and mixtures containing one or more thereof:

a The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1) and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Name of the substance	Chemical Abstracts Service Registry number (CAS RN)	Combined Nomenclature (CN) code a
Ammonium Nitrate Fuel Oil (ANFO)	6484-52-2 (ammonium nitrate)	3102 30 3102 40
Nitrocellulose (containing more than 12,5 % nitrogen w/w)	9004-70-0
Nitroglycol	55-63-0	ex 2920 90 70
Pentaerythritol tetranitrate (PETN)	78-11-5	ex 2920 90 70
Picryl chloride	88-88-0	ex 2904 99 00
2,4,6-Trinitrotoluene (TNT)	118-96-7	2904 20 00

4. Explosives precursors:

Name of the substance	Chemical Abstracts Service Registry number (CAS RN)	Combined Nomenclature (CN) code
Ammonium nitrate	6484-52-2	3102 30
Potassium nitrate	7757-79-1	2834 21 00
Sodium chlorate	7775-09-9	2829 11 00
Nitric acid	7697-37-2	ex 2808
Sulphuric acid	7664-93-9	ex 2807’

(1)

OJ L 105, 27.4.2010, p. 17.

(2)

Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia (OJ L 24, 29.1.2003, p. 2).

(3)

Council Decision (CFSP) 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia (see page 5 of this Official Journal).

(4)

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).’.

(5)

Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17).

(6)

OJ C 98, 15.3.2018, p. 1.