Explanatory Memorandum to JOIN(2013)11 - Amendment of Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia

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Council Regulation (EC) No 147/2003 concerning certain restrictive measures against Somalia[1] imposes a general ban on the provision of technical advice, assistance, training, financing and financial assistance related to military activities to any person, entity or body in Somalia.

On 6 March 2013, the United Nations Security Council adopted resolution 2093 (2013) thereby amending the arms embargo imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002) thereby providing for a derogation from the prohibition of assistance related to weapons and military equipment intended for the support of AMISOM’s strategic partners, for United Nations personnel, for the successor mission of the United Nations Political Office for Somalia, for the development of the Security Forces of the Federal Government of Somalia, and to provide security for the Somali people.

The Council will adopt a new Council Decision amending Decision 2010/231/CFSP so as to provide for such derogation.

This measure falls 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 it, in particular with a view to ensuring its uniform application by economic operators in all Member States.

Council Regulation (EC) No 147/2003 should therefore be amended accordingly.