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 (EU) 2021/48of 22 January 2021amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia, 32021R0048, January 25, 2021
  • Commission Implementing Regulation (EU) 2022/595of 11 April 2022amending certain Regulations concerning restrictive measures and setting out a single list for the Annexes to those Regulations containing the contact details of Member States’ competent authorities and the address for notifications to the European Commission, 32022R0595, April 12, 2022
  • Council Regulation (EU) 2023/154of 23 January 2023amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32023R0154, January 24, 2023
  • Council Regulation (EU) 2024/898of 18 March 2024amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia, 32024R0898, March 19, 2024
Council Regulation (EC) No 147/2003of 27 January 2003concerning restrictive measures in view of the situation in Somalia
Article 11.It shall be prohibited:(a)to provide financing or financial assistance related to military activities, for any sale, supply, transfer or export of goods and technology included in the Common Military List of the European UnionOJ C 98, 15.3.2018, p. 1., directly or indirectly to any person, entity or body in Somalia;(b)to provide technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, directly or indirectly, to any person, entity or body in Somalia.
Article 1aFor the purposes of this Regulation, the following definitions apply:(a)"technical assistance" means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;(b)"financing or financial assistance" means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;(c)"Sanctions Committee" means the UN Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab;(d)"territory of the Union" means the territories of the Member States to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in that Treaty, including their airspace.
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 in the Member State where the service provider is established, as indicated on the websites set out in Annex I, may authorise:(a)the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, if the competent authority concerned has determined that such financing or financial assistance, or technical assistance is intended solely for the development of the Somali National Security Forces to provide security for the Somali people;(b)the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union if all of the following conditions are met:(i)the competent authority concerned has determined that such financing, financial assistance or technical assistance is intended solely for the development of the Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people;(ii)the Sanctions Committee has not taken a negative decision within five working days of receiving a notification from the Member State providing such financing, financial assistance or technical assistance, of any provision of such financing, financial assistance or technical assistance;(iii)the Federal Government of Somalia has been informed in parallel at least five working days in advance in accordance with UNSCR 2551 (2020).
Article 31.Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by:(a)the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps;(b)United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);(c)the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;(d)the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, as well as any other State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements.2.By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by, Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:(a)in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days;(b)in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance.3.Notifications under paragraph 2, points (a) and (b), of this Article shall include:(a)details of the manufacturer and supplier of the weapons, ammunition and military equipment, including the type, the lot or batch and serial numbers;(b)a description of the arms and ammunition including the type, calibre and quantity;(c)the proposed date and place of delivery; and(d)all relevant information concerning the intended destination unit, or the intended place of storage.4.Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related to:(a)the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;(b)the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use;(c)the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.
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.3.Prior to selling, exporting, supplying or transferring any items listed in Annex III to Somalia, the Member State concerned shall notify the GFRS for its awareness. It shall further notify the GFRS and the Sanctions Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place.4.Notifications pursuant to paragraph 3 shall contain all relevant information, including:(a)the purpose of the use of the item(s);(b)the end user;(c)technical specifications;(d)the quantity of the item(s); and(e)the intended storage location of the item(s).
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/en/policy/policy_areas/peace_and_security/sanctionsBULGARIAhttps://www.mfa.bg/en/EU-sanctionsCZECHIAwww.financnianalytickyurad.cz/mezinarodni-sankce.htmlDENMARKhttp://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/GERMANYhttps://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.htmlESTONIAhttps://vm.ee/et/rahvusvahelised-sanktsioonidIRELANDhttps://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/GREECEhttp://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.htmlSPAINhttps://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspxFRANCEhttp://www.diplomatie.gouv.fr/fr/autorites-sanctions/CROATIAhttps://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955ITALYhttps://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/CYPRUShttps://mfa.gov.cy/themes/LATVIAhttp://www.mfa.gov.lv/en/security/4539LITHUANIAhttp://www.urm.lt/sanctionsLUXEMBOURGhttps://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.htmlHUNGARYhttps://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztatoMALTAhttps://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspxNETHERLANDShttps://www.rijksoverheid.nl/onderwerpen/internationale-sanctiesAUSTRIAhttps://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/POLANDhttps://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowehttps://www.gov.pl/web/diplomacy/international-sanctionsPORTUGALhttps://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivasROMANIAhttp://www.mae.ro/node/1548SLOVENIAhttp://www.mzz.gov.si/si/omejevalni_ukrepiSLOVAKIAhttps://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_euFINLANDhttps://um.fi/pakotteetSWEDENhttps://www.regeringen.se/sanktionerAddress for notifications to the European Commission:European CommissionDirectorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)Rue de Spa 2B-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 3 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 paragraphs 1 and 3. (The definitions of the terms "technology", "required", "production" and "use" are from the Common Military List of the European UnionOJ C 72, 28.2.2023, p. 2.)3.Explosive materials and precursors, 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
Nitroglycerin (except when packaged/prepared in individual medicinal doses) unless compounded or mixed with the "energetic material" specified by ML8.a. or powdered metals specified by ML8.c. of the EU Common Military List55-63-0ex29209070
Nitric acid7697-37-2ex2808
Sulphuric acid7664-93-9ex2807
ANNEX IVList of items referred to in Article 3(2), point (a)1.Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS).2.Weapons with a calibre greater than 12,7 mm, and components specially designed for them, and associated ammunition. (This does not include shoulder fired anti-tank rocket launchers such as RPGs (rocket propelled grenades) or LAWs (light anti-tank weapon), recoilless rifles, rifle grenades, or grenade launchers.)3.Mortars with a calibre greater than 82 mm and associated ammunition.4.Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for those items.5.Charges and devices specifically designed or modified for military use; mines and related materiel; and fuses.6.Weapon sights with a night vision capability, including thermal and infrared, and accessories.7.Fixed wing, swivel wing, tilt rotor or tilt wing aircraft, specifically designed or modified for military use.8."Vessels" and amphibious vehicles specifically designed or modified for military use. ("Vessel" includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.)9.Uncrewed combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).ANNEX VList of items referred to in Article 3(2), point (b)1.All types of weapons with a calibre up to 12,7 mm, and associated ammunition.2.Type-7 rocket propelled grenades (RPG-7s), LAWs (light anti-tank weapons) and recoilless rifles, and associated ammunition.3.Weapon sights.4.Rotor wing or helicopters specifically designed or modified for military use.5.Body armour or protective garments, as follows: Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06 July 2008) or national equivalents.6.Ground vehicles specifically designed or modified for military use.7.Communication equipment specifically designed or modified for military use.
Article 11.It shall be prohibited:(a)to provide financing or financial assistance related to military activities, for any sale, supply, transfer or export of goods and technology included in the Common Military List of the European UnionOJ C 98, 15.3.2018, p. 1., directly or indirectly to any person, entity or body in Somalia;(b)to provide technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, directly or indirectly, to any person, entity or body in Somalia.
Article 1aFor the purposes of this Regulation, the following definitions apply:(a)"technical assistance" means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, transmission of working knowledge or skills or consulting services; including verbal forms of assistance;(b)"financing or financial assistance" means any action, irrespective of the particular means chosen, whereby the person, entity or body concerned, conditionally or unconditionally, disburses or commits to disburse its own funds or economic resources, including but not limited to grants, loans, guarantees, suretyships, bonds, letters of credit, supplier credits, buyer credits, import or export advances and all types of insurance and reinsurance, including export credit insurance. Payment as well as terms and conditions of payment of the agreed price for a good or a service, made in line with normal business practice, do not constitute financing or financial assistance;(c)"Sanctions Committee" means the UN Security Council Committee pursuant to resolution 2713 (2023) concerning Al-Shabaab;(d)"territory of the Union" means the territories of the Member States to which the Treaty on the Functioning of the European Union is applicable, under the conditions laid down in that Treaty, including their airspace.
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 in the Member State where the service provider is established, as indicated on the websites set out in Annex I, may authorise:(a)the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union, if the competent authority concerned has determined that such financing or financial assistance, or technical assistance is intended solely for the development of the Somali National Security Forces to provide security for the Somali people;(b)the provision of financing or financial assistance or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union if all of the following conditions are met:(i)the competent authority concerned has determined that such financing, financial assistance or technical assistance is intended solely for the development of the Somali security sector institutions other than those of the Federal Government of Somalia, to provide security for the Somali people;(ii)the Sanctions Committee has not taken a negative decision within five working days of receiving a notification from the Member State providing such financing, financial assistance or technical assistance, of any provision of such financing, financial assistance or technical assistance;(iii)the Federal Government of Somalia has been informed in parallel at least five working days in advance in accordance with UNSCR 2551 (2020).
Article 31.Article 1 shall not apply to the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by:(a)the Government of the Federal Republic of Somalia (GFRS), the Somali National Army (SNA), the National Intelligence and Security Agency (NISA), the Somali National Police Force (SNPF) or the Somali Custodial Corps;(b)United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM) and the United Nations Support Office in Somalia (UNSOS);(c)the African Union Transition Mission in Somalia (ATMIS) and its Troop- and Police-Contributing Countries, as well as its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;(d)the European Union training and support activities, Türkiye, the United Kingdom of Great Britain and Northern Ireland, and the United States of America, as well as any other State forces, with a status of forces agreement or a memorandum of understanding with the GFRS, provided they inform the Sanctions Committee about the existence of such agreements.2.By way of derogation from Article 1, the competent authorities of the Member States may authorise the provision of financing or financial assistance related to military activities, for any sale, supply, transfer or export of, or technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union intended solely for the support of, or use by, Somalia’s Federal Member States and regional governments or to licenced private security companies operating in Somalia provided that the following conditions are met:(a)in relation to goods and technology included in Annex IV, the Sanctions Committee has received a notification from the GFRS and has not objected to that course of action within five working days;(b)in relation to goods and technology included in Annex V, the Sanctions Committee has received a prior notification from the GFRS for information purposes five working days in advance.3.Notifications under paragraph 2, points (a) and (b), of this Article shall include:(a)details of the manufacturer and supplier of the weapons, ammunition and military equipment, including the type, the lot or batch and serial numbers;(b)a description of the arms and ammunition including the type, calibre and quantity;(c)the proposed date and place of delivery; and(d)all relevant information concerning the intended destination unit, or the intended place of storage.4.Article 1 shall not apply to the provision of financing or financial assistance or technical assistance related to:(a)the sale, supply, transfer or export of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media, private security contractors or humanitarian and development workers and associated personnel for their personal use only;(b)the sale, supply, transfer or export of non-lethal military equipment by Member States, or international, regional or subregional organisations intended solely for humanitarian or protective use;(c)the entry into Somali ports for temporary visits of vessels carrying weapons or military equipment for defensive purposes, provided that such items remain at all times aboard those vessels.
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.3.Prior to selling, exporting, supplying or transferring any items listed in Annex III to Somalia, the Member State concerned shall notify the GFRS for its awareness. It shall further notify the GFRS and the Sanctions Committee of the sale, supply or transfer no more than 15 working days after the sale, supply or transfer takes place.4.Notifications pursuant to paragraph 3 shall contain all relevant information, including:(a)the purpose of the use of the item(s);(b)the end user;(c)technical specifications;(d)the quantity of the item(s); and(e)the intended storage location of the item(s).
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/en/policy/policy_areas/peace_and_security/sanctionsBULGARIAhttps://www.mfa.bg/en/EU-sanctionsCZECHIAwww.financnianalytickyurad.cz/mezinarodni-sankce.htmlDENMARKhttp://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/GERMANYhttps://www.bmwi.de/Redaktion/DE/Artikel/Aussenwirtschaft/embargos-aussenwirtschaftsrecht.htmlESTONIAhttps://vm.ee/et/rahvusvahelised-sanktsioonidIRELANDhttps://www.dfa.ie/our-role-policies/ireland-in-the-eu/eu-restrictive-measures/GREECEhttp://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.htmlSPAINhttps://www.exteriores.gob.es/es/PoliticaExterior/Paginas/SancionesInternacionales.aspxFRANCEhttp://www.diplomatie.gouv.fr/fr/autorites-sanctions/CROATIAhttps://mvep.gov.hr/vanjska-politika/medjunarodne-mjere-ogranicavanja/22955ITALYhttps://www.esteri.it/it/politica-estera-e-cooperazione-allo-sviluppo/politica_europea/misure_deroghe/CYPRUShttps://mfa.gov.cy/themes/LATVIAhttp://www.mfa.gov.lv/en/security/4539LITHUANIAhttp://www.urm.lt/sanctionsLUXEMBOURGhttps://maee.gouvernement.lu/fr/directions-du-ministere/affaires-europeennes/organisations-economiques-int/mesures-restrictives.htmlHUNGARYhttps://kormany.hu/kulgazdasagi-es-kulugyminiszterium/ensz-eu-szankcios-tajekoztatoMALTAhttps://foreignandeu.gov.mt/en/Government/SMB/Pages/SMB-Home.aspxNETHERLANDShttps://www.rijksoverheid.nl/onderwerpen/internationale-sanctiesAUSTRIAhttps://www.bmeia.gv.at/themen/aussenpolitik/europa/eu-sanktionen-nationale-behoerden/POLANDhttps://www.gov.pl/web/dyplomacja/sankcje-miedzynarodowehttps://www.gov.pl/web/diplomacy/international-sanctionsPORTUGALhttps://www.portaldiplomatico.mne.gov.pt/politica-externa/medidas-restritivasROMANIAhttp://www.mae.ro/node/1548SLOVENIAhttp://www.mzz.gov.si/si/omejevalni_ukrepiSLOVAKIAhttps://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_euFINLANDhttps://um.fi/pakotteetSWEDENhttps://www.regeringen.se/sanktionerAddress for notifications to the European Commission:European CommissionDirectorate-General for Financial Stability, Financial Services and Capital Markets Union (DG FISMA)Rue de Spa 2B-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 3 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 paragraphs 1 and 3. (The definitions of the terms "technology", "required", "production" and "use" are from the Common Military List of the European UnionOJ C 72, 28.2.2023, p. 2.)3.Explosive materials and precursors, 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
Nitroglycerin (except when packaged/prepared in individual medicinal doses) unless compounded or mixed with the "energetic material" specified by ML8.a. or powdered metals specified by ML8.c. of the EU Common Military List55-63-0ex29209070
Nitric acid7697-37-2ex2808
Sulphuric acid7664-93-9ex2807
ANNEX IVList of items referred to in Article 3(2), point (a)1.Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS).2.Weapons with a calibre greater than 12,7 mm, and components specially designed for them, and associated ammunition. (This does not include shoulder fired anti-tank rocket launchers such as RPGs (rocket propelled grenades) or LAWs (light anti-tank weapon), recoilless rifles, rifle grenades, or grenade launchers.)3.Mortars with a calibre greater than 82 mm and associated ammunition.4.Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for those items.5.Charges and devices specifically designed or modified for military use; mines and related materiel; and fuses.6.Weapon sights with a night vision capability, including thermal and infrared, and accessories.7.Fixed wing, swivel wing, tilt rotor or tilt wing aircraft, specifically designed or modified for military use.8."Vessels" and amphibious vehicles specifically designed or modified for military use. ("Vessel" includes any ship, surface effect vehicle, vessel of small waterplane area or hydrofoil and the hull or part of the hull of a vessel.)9.Uncrewed combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).ANNEX VList of items referred to in Article 3(2), point (b)1.All types of weapons with a calibre up to 12,7 mm, and associated ammunition.2.Type-7 rocket propelled grenades (RPG-7s), LAWs (light anti-tank weapons) and recoilless rifles, and associated ammunition.3.Weapon sights.4.Rotor wing or helicopters specifically designed or modified for military use.5.Body armour or protective garments, as follows: Hard body armour plates providing ballistic protection equal to or greater than level III (NIJ 0101.06 July 2008) or national equivalents.6.Ground vehicles specifically designed or modified for military use.7.Communication equipment specifically designed or modified for military use.