Council Regulation (EC) No 147/2003 of 27 January 2003 concerning certain restrictive measures in respect of Somalia
Modified by
  • Council Regulation (EC) No 631/2007of 7 June 2007amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32007R0631, June 8, 2007
  • Council Regulation (EU) No 1137/2010of 7 December 2010amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32010R1137, December 8, 2010
  • Council Regulation (EU) No 642/2012of 16 July 2012amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32012R0642, July 17, 2012
  • Council Regulation (EU) No 941/2012of 15 October 2012amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32012R0941, October 16, 2012
  • Council Regulation (EU) No 431/2013of 13 May 2013amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32013R0431, May 14, 2013
  • Council Regulation (EU) No 517/2013of 13 May 2013adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia, 32013R0517, June 10, 2013
  • Council Regulation (EU) No 1153/2013of 15 November 2013amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia, 32013R1153, November 16, 2013
  • Council Regulation (EU) No 478/2014of 12 May 2014amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32014R0478, May 13, 2014
  • Commission Implementing Regulation (EU) 2019/1163of 5 July 2019amending and setting out a single list for the Annexes containing contact details of Member States competent authorities and address for notifications to the European Commission to certain Regulations concerning restrictive measures, 32019R1163, July 8, 2019
  • Council Regulation (EU) 2020/169of 6 February 2020amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia, 32020R0169, February 7, 2020
Council Regulation (EC) No 147/2003of 27 January 2003concerning certain restrictive measures in respect of Somalia
Article 1Without prejudice to the powers of the Member States in the exercise of their public authority, it shall be prohibited:to provide financing or financial assistance related to military activities, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of arms and related materiel, directly or indirectly to any person, entity or body in Somalia,to grant, sell, supply or transfer technical advice, assistance or training related to military activities, including in particular training and assistance related to the manufacture, maintenance and use of arms and related materiel of all types, directly or indirectly to any person, entity or body in Somalia.
Article 2The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to promote the transactions referred to in Article 1 shall be prohibited.
Article 2aBy way of derogation from Article 1, the competent authority, as indicated in the websites set out in Annex I, in the Member State where the service provider is established, may authorise, under such conditions as it deems appropriate:(a)the provision of financing, financial assistance, technical 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, the African Union Mission in Somalia (AMISOM) referred to in paragraph 10(b) of United Nations Security Council Resolution (UNSCR) 2111 (2013) or for the sole use of States or international, regional or sub-regional organisations undertaking measures in accordance with paragraph 10(e) of UNSCR 2111 (2013);(b)the provision of financing, financial assistance, technical 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, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (or subsequent African Union strategic concepts), and in cooperation and coordination with AMISOM as stipulated in paragraph 10(c) of UNSCR 2111 (2013);(c)the provision of financing, financial assistance, technical 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 United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), as stipulated in paragraph 10(a) of UNSCR 2111(2013);(d)the provision of technical advice, assistance or training relating to military activities, if the following conditions are met:(i)the competent authority concerned has determined that such advice, assistance or training is intended solely for the purpose of helping to develop security sector institutions; and(ii)the Member State concerned has notified the Committee established by paragraph 11 of UNSCR 751 (1992) of the determination that such advice, assistance or training is intended solely for the purpose of helping to develop security sector institutions, and of the intention of its competent authority to grant an authorisation, and the Committee has not objected to that course of action within five working days of notification;(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);(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;(f)the provision of financing, financial assistance, technical 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 the European Union Training Mission in Somalia (EUTM).
Article 31.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.2.Article 1 shall not apply either to protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.3.Article 2 shall not apply to the participation in activities the object or effect of which is to promote activities that have been approved by the Committee established by paragraph 11 of Resolution 751 (1992) of the Security Council of the United Nations.
Article 3a1.In order to ensure the strict implementation of Articles 1 and 3 of Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against SomaliaOJ L 105, 27.4.2010, p. 17., all goods brought into or leaving the customs territory of the Union to and from Somalia shall be made subject to pre-arrival or pre-departure information to be submitted to the competent authorities of the Member States concerned.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 legislationRegulation (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)..3.Furthermore, the person who provides the information referred to in paragraph 2, shall declare whether the goods are covered by the Common Military List of the European UnionOJ C 69, 18.3.2010, p. 19. and, if their export is subject to an exemption, specify the particulars of the export licence granted.4.Until 31 December 2010 the entry and exit summary declarations and the required additional elements as referred to in this Article may be submitted in written form using commercial, port or transport documentation, provided that it contains the necessary particulars.5.As from 1 January 2011 the required additional elements, as referred to in paragraph 3, shall be submitted either in written form or using a customs declaration as appropriate.
Article 3b1.It shall be prohibited:(a)to import charcoal into the Union if it:(i)originates in Somalia; or(ii)has been exported from Somalia;(b)to purchase charcoal which is located in or which originated in Somalia;(c)to transport charcoal if it originates in Somalia, or is being exported from Somalia to any other country;(d)to provide, directly or indirectly, financing or financial assistance, as well as insurance and re-insurance related to the import, transport or purchase of charcoal from Somalia referred to in points (a), (b) and (c); and(e)to participate knowingly and intentionally, in activities whose object or effect is, directly or indirectly, to circumvent the prohibition in points (a), (b), (c) and (d).2.For the purposes of this Article, "charcoal" means the products listed in Annex II.3.The prohibitions in paragraph 1 shall not apply to the purchase or transport of charcoal which had been exported from Somalia prior to 22 February 2012.
Article 3c1.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.
Article 4Without prejudice to the rights and obligations of the Member States under the Charter of the United Nations, the Commission shall maintain all necessary contacts with the Security Council Committee mentioned in Article 3(1) for the purpose of the effective implementation of this Regulation.
Article 5The Commission and the Member States shall immediately inform each other of the measures taken under this Regulation and shall supply each other with relevant information at their disposal in connection with this Regulation, in particular information in respect of violation and enforcement problems and judgments handed down by national courts.
Article 6This Regulation shall apply notwithstanding any rights conferred or obligations imposed by any international agreement signed or any contract entered into or any licence or permit granted before the entry into force of this Regulation.
Article 6aThe Commission shall amend Annex I on the basis of information supplied by Member States.
Article 71.Each Member State shall determine the sanctions to be imposed where the provisions of this Regulation are infringed. Such sanctions shall be effective, proportionate and dissuasive.Pending the adoption, where necessary, of any legislation to this end, the sanctions to be imposed where the provisions of this Regulation are infringed shall, where relevant, be those determined by the Member States in order to give effect to Article 7 of Council Regulation (EC) No 1318/2002 of 22 July 2002 concerning certain restrictive measures in respect of LiberiaOJ L 194, 23.7.2002, p. 1..2.Each Member State shall be responsible for bringing proceedings against any natural or legal person, entity or body under its jurisdiction, in cases of violation of any of the prohibitions laid down in this Regulation by such person, entity or body.
Article 7a1.Member States shall designate the competent authorities referred to in this Regulation and identify them in, or through, the websites as set out in Annex I.2.Member States shall notify the Commission of their competent authorities without delay after the entry into force of this Regulation and shall notify it of any subsequent amendment.
Article 8This Regulation shall applywithin the territory of the Community, including its airspace,on board any aircraft or any vessel under the jurisdiction of a Member State,to any person elsewhere who is a national of a Member State, andto any legal person, entity or body which is incorporated or constituted under the law of a Member State.
Article 9This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.ANNEX IWebsites for information on the competent authorities and address for notifications to the European CommissionBELGIUMhttps://diplomatie.belgium.be/nl/Beleid/beleidsthemas/vrede_en_veiligheid/sanctieshttps://diplomatie.belgium.be/fr/politique/themes_politiques/paix_et_securite/sanctionshttps://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctionsBULGARIAhttps://www.mfa.bg/en/101CZECH REPUBLICwww.financnianalytickyurad.cz/mezinarodni-sankce.htmlDENMARKhttp://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/GERMANYhttp://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.htmlESTONIAhttp://www.vm.ee/est/kat_622/IRELANDhttp://www.dfa.ie/home/index.aspx?id=28519GREECEhttp://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.htmlSPAINhttp://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspxFRANCEhttp://www.diplomatie.gouv.fr/fr/autorites-sanctions/CROATIAhttp://www.mvep.hr/sankcijeITALYhttps://www.esteri.it/mae/it/politica_estera/politica_europea/misure_derogheCYPRUShttp://www.mfa.gov.cy/mfa/mfa2016.nsf/mfa35_en/mfa35_en?OpenDocumentLATVIAhttp://www.mfa.gov.lv/en/security/4539LITHUANIAhttp://www.urm.lt/sanctionsLUXEMBOURGhttps://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/mesures-restrictives.htmlHUNGARYhttp://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdfMALTAhttps://foreignaffairs.gov.mt/en/Government/SMB/Pages/Sanctions-Monitoring-Board.aspxNETHERLANDShttps://www.rijksoverheid.nl/onderwerpen/internationale-sanctiesAUSTRIAhttp://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=POLANDhttps://www.gov.pl/web/dyplomacjaPORTUGALhttp://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspxROMANIAhttp://www.mae.ro/node/1548SLOVENIAhttp://www.mzz.gov.si/si/omejevalni_ukrepiSLOVAKIAhttps://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_euFINLANDhttp://formin.finland.fi/kvyhteistyo/pakotteetSWEDENhttp://www.ud.se/sanktionerUNITED KINGDOMhttps://www.gov.uk/sanctions-embargoes-and-restrictionsAddress for notifications to the European Commission:European CommissionService for Foreign Policy Instruments (FPI)EEAS 07/99B-1049 Brussels, BelgiumE-mail: relex-sanctions@ec.europa.euANNEX II
Products included within the meaning of the word "charcoal"
HS CodeDescription
4402Wood charcoal (including shell or nut charcoal), whether or not agglomerated
ANNEX IIIList of items referred to in article 3c1.Equipment and devices, not specified by item 2 in Annex IV to Council Decision 2010/231/CFSPCouncil 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)., 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 UnionOJ C 98, 15.3.2018, p. 1..)3.Explosive materials, as follows, and mixtures containing one or more thereof:
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 substanceChemical Abstracts Service Registry number (CAS RN)Combined Nomenclature (CN) code
Ammonium Nitrate Fuel Oil (ANFO)6484-52-2 (ammonium nitrate)310230310240
Nitrocellulose (containing more than 12,5 % nitrogen w/w)9004-70-0
Nitroglycol55-63-0ex29209070
Pentaerythritol tetranitrate (PETN)78-11-5ex29209070
Picryl chloride88-88-0ex29049900
2,4,6-Trinitrotoluene (TNT)118-96-729042000
4.Explosives precursors:
Name of the substanceChemical Abstracts Service Registry number (CAS RN)Combined Nomenclature (CN) code
Ammonium nitrate6484-52-2310230
Potassium nitrate7757-79-128342100
Sodium chlorate7775-09-928291100
Nitric acid7697-37-2ex 2808
Sulphuric acid7664-93-9ex 2807
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