Regulation 2013/431 - Amendment of Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia

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Contents

  1. Current status
  2. Key information
  3. Key dates
  4. Legislative text
  5. Original proposal
  6. Sources and disclaimer
  7. Full version
  8. EU Monitor

1.

Current status

This regulation has been published on May 14, 2013 and entered into force on May 15, 2013.

2.

Key information

official title

Council Regulation (EU) No 431/2013 of 13 May 2013 amending Regulation (EC) No 147/2003 concerning certain restrictive measures in respect of Somalia
 
Legal instrument Regulation
Number legal act Regulation 2013/431
Original proposal JOIN(2013)11 EN
CELEX number i 32013R0431

3.

Key dates

Document 13-05-2013
Publication in Official Journal 14-05-2013; Special edition in Croatian: Chapter 18 Volume 015,OJ L 129, 14.5.2013
Effect 15-05-2013; Entry into force Date pub. +1 See Art 2
End of validity 31-12-9999

4.

Legislative text

14.5.2013   

EN

Official Journal of the European Union

L 129/12
 

COUNCIL REGULATION (EU) No 431/2013

of 13 May 2013

amending Regulation (EC) No 147/2003 concerning certain 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 (1),

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

Whereas:

 

(1)

Council Regulation (EC) No 147/2003 (2) imposes a general ban on the provision of technical advice, assistance, training, financing and financial assistance relating to military activities to any person, entity or body in Somalia.
 

(2)

On 6 March 2013, the United Nations Security Council adopted Resolution 2093 (2013). That Resolution amended the arms embargo imposed by United Nations Security Council Resolution (UNSCR) 733 (1992) and further elaborated upon by UNSCR 1425 (2002). UNSCR 2093 (2013) thus provides for a derogation from the prohibition of assistance relating to weapons and military equipment intended for the support of Amisom’s strategic partners, for United Nations personnel, and for the successor mission of the United Nations Political Office for Somalia, and partially suspends the arms embargo in relation to the development of the Security Forces of the Federal Government of Somalia.
 

(3)

On 25 April 2013 the Council adopted Decision 2013/201/CFSP (3), which amends Decision 2010/231/CFSP and provides for derogations equivalent to those provided by the UNSCR 2093 (2013).
 

(4)

These measures 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 it, in particular with a view to ensuring its 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 replaced by the following:

‘Article 2a

By 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 1 of United Nations Security Council Resolution (UNSCR) 2093 (2013) or for the sole use of States and regional organisations undertaking measures in accordance with paragraph 6 of UNSCR 1851 (2008) and paragraph 10 of UNSCR 1846 (2008);
 

(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, and in cooperation and coordination with Amisom as stipulated in paragraph 36 of UNSCR 2093 (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...


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This text has been adopted from EUR-Lex.

5.

Original proposal

 

6.

Sources and disclaimer

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7.

Full version

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8.

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