Council Regulation (EU) 2024/898 of 18 March 2024 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 (CFSP) 2024/882 of 18 March 2024 amending Decision 2010/231/CFSP 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) Regulation (EC) No 147/2003 of 27 January 2003 (2) concerning certain restrictive measures in respect of Somalia restricts the provision of financing, financial assistance and technical assistance related to military activities in relation to goods and technology included in the Common Military List of the European Union to any person, entity or body in Somalia. It also restricts the supply to Somalia of goods that can contribute to the manufacture of improvised explosive devices (‘IEDs’).

(2) On 1 December 2023, the United Nations Security Council (UNSC) adopted Resolution 2713 (2023). That Resolution establishes a general and complete embargo on all deliveries of weapons and military equipment to Al-Shabaab in Somalia, renames the Sanctions Committee, introduces changes to the scope of exemptions to the arms embargo and the related financing, financial assistance and technical assistance intended for certain recipients in Somalia, and adjusts the ban on components of IEDs.

(3) On 1 December 2023, the UNSC adopted Resolution (UNSCR) 2714 (2023). That Resolution lifted the arms embargo on the Federal Republic of Somalia previously established under UNSC Resolution 733 (1992).

(4) On 18 March 2024, the Council adopted Decision (CFSP) 2024/882, which amended Decision 2010/231/CFSP (3) in accordance with UNSCR 2713 (2023) and UNSCR 2714 (2023).

(5) Decision (CFSP) 2024/882 also amended the title of Decision 2010/231/CFSP.

(6) Some of those 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, notably with a view to ensuring their uniform application by economic operators in all Member States.

(7) 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) The title of Regulation (EC) No 147/2003 is replaced by ‘Council Regulation (EC) No 147/2003 of 27 January 2003 concerning restrictive measures in view of the situation in Somalia’;

(5) Annex III is replaced in accordance with Annex I to this Regulation;

(6) Annex IV is replaced in accordance with Annex II to this Regulation;

(7) Annex V is replaced in accordance with Annex III 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, 18 March 2024.

For the Council The President J. BORRELL FONTELLES

(1) OJ L, 2024/882, 19.3.2024, ELI: http://data.europa.eu/eli/dec/2024/882/oj.

(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) OJ L 105, 27.4.2010, p. 17.