Executive Summary:
Council Regulation (EU) 2020/169 amends Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia, following UN Security Council Resolution 2498 (2019). The amendment modifies provisions related to the arms embargo, technical assistance, and import of charcoal, and introduces restrictions on improvised explosive device (IED) components. The regulation entered into force on the day following its publication in the Official Journal of the European Union.
Key Points / Main Content:
Arms Embargo and Technical Assistance:
* Replaces point (e) of Article 2a, detailing conditions for providing financing, financial assistance, technical advice, assistance, or training related to military activities to the Somali National Security Forces. Such support requires determination by the competent authority and notification to the UNSCR 751 Committee.
* Inserts point (ea) in Article 2a, specifying conditions for providing similar support to Somali security sector institutions beyond the Federal Government of Somalia. This also requires notification to the UNSCR 751 Committee and informing the Federal Government of Somalia, subject to the Committee's non-objection.
* Replaces paragraph 1 of Article 3, concerning exemptions for the provision of financing and financial assistance related to non-lethal military equipment intended for humanitarian or protective use, or for institution-building programmes, subject to notification to the UNSCR 751 Committee.
Import/Export Restrictions:
* Article 3c is inserted, prohibiting the sale, export, supply, or transfer of improvised explosive device (IED) components listed in Annex III to Somalia without prior authorization from the relevant Member State's competent authority.
* Competent authorities shall not grant authorization if there is sufficient evidence that the items will be used in the manufacture of IEDs in Somalia.
* Replaces paragraph 2 of Article 3a, outlining that pre-arrival or pre-departure information shall be determined in relevant provisions concerning entry and exit summary declarations as well as customs declarations in the customs legislation.
Annex III:
* Replaces Annex III with a list of restricted Improvised Explosive Device (IED) components, including equipment to initiate explosives, technology for production/use of listed items, explosive materials, and explosive precursors.
Impact Analysis:
Member States:
* Impact: Must ensure uniform application of the amended regulations by economic operators within their jurisdiction. They are responsible for implementing the authorization process for exporting IED components.
* Action Required: Amend national regulations and procedures to align with the new provisions, particularly regarding the authorization process for IED components. Competent authorities must assess applications for export licenses based on the risk of IED manufacture in Somalia.
Economic Operators:
* Impact: Subject to stricter regulations regarding the provision of technical and financial assistance related to military activities and the export of IED components to Somalia.
* Action Required: Conduct due diligence to ensure compliance with the amended regulations. Obtain necessary authorizations from Member State competent authorities before exporting IED components to Somalia. Adhere to notification requirements when providing military-related assistance.
Federal Government of Somalia:
* Impact: The provision of military-related assistance to the Somali National Security Forces and other security sector institutions is subject to specific notification and approval procedures.
* Action Required: The Federal Government of Somalia, or the Member State providing assistance, must notify the UNSCR 751 Committee in advance of providing financing, financial assistance, technical advice, assistance, or training.
European Union Institutions:
* Impact: The Council and the Commission are responsible for ensuring the effective implementation and enforcement of the amended regulations across all Member States.
* Action Required: Monitor the implementation of the regulation and provide guidance to Member States and economic operators as necessary.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Somalia: A country located in the Horn of Africa. Subject of the restrictive measures outlined in the regulation.
Council Regulation (EC) No 147/2003: A European Council Regulation concerning certain restrictive measures in respect of Somalia, which is being amended by this regulation.
United Nations Security Council (UNSC): A principal organ of the United Nations responsible for the maintenance of international peace and security.
UNSCR 2498 (2019): United Nations Security Council Resolution 2498, adopted in 2019, which reaffirms the arms embargo on Somalia and introduces restrictions on improvised explosive device components.
Council Decision CFSP 2020/170: Council Decision CFSP 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
Treaty on the Functioning of the European Union: One of the two primary treaties that form the constitutional basis of the European Union.
Somali National Security Forces: The military forces of Somalia, for whose development certain financing and assistance may be permitted under specific conditions.
7.2.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 36/1
II
(Non-legislative acts)
REGULATIONS
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
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
(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).L 36/2 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 7.2.2020
(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 (*).
_____________
(*) 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).’.
(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.7.2.2020 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union L 36/3
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
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-ZGOMBIĆL 36/4 E N O f f i c i a l J o u r n a l o f t h e E u r o p e a n Union 7.2.2020
ANNEX
‘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(1), 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(2).)
3. Explosive materials, as follows, and mixtures containing one or more thereof:
Chemical Abstracts Service Registry
Name of the substance Combined Nomenclature (CN) code (1)
number (CAS RN)
Ammonium Nitrate Fuel Oil (ANFO) 6484-52-2 (ammonium nitrate) 3102 30
3102 40
Nitrocellulose (containing more than 9004-70-0
12,5 % nitrogen w/w)
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
(1) 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.
4. Explosives precursors:
Chemical Abstracts Service Registry
Name of the substance Combined Nomenclature (CN) code
number (CAS RN)
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) 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).
(2) OJ C 98, 15.3.2018, p. 1.