My bookmarksSign up free
Source

Council Regulation (EU) 2021/48 of 22 January 2021 amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia

Council Regulation (EU) 2021/48 of 22 January 2021 amending Regulation (EC) No 147/2003 concerning restrictive measures in respect of Somalia

Regulation (EU) 2021/48 · Regulation · 3 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Open ↗

Regulation (EC) No 147/2003 is amended as follows: (1) Article 1 is replaced by the following: ‘Article 1 1.   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 Union  ( * ) , 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. ( * )    OJ C 98, 15.3.2018, p. 1 .’;" (2) the following Article is inserted: ‘Article 1a For 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 Committee of the UN Security Council which was established pursuant to paragraph 11 of UNSCR 751 (1992); (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.’; (3) Article 2a is replaced by the following: ‘Article 2a By 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).’; (4) in Article 3, paragraph 1 is replaced by the following: ‘1. Article 1 shall not apply to: (a) the provision of financing or financial assistance for the sale, supply, transfer or export of non-lethal military equipment intended solely for humanitarian or protective use; (b) the provision of technical assistance related to such non-lethal equipment, provided that such activities have been notified in advance and for its information only to the Sanctions Committee by the supplying Member State, international, regional or subregional organisation; (c) 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, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM), the African Union Mission in Somalia (AMISOM); AMISOM’s strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with AMISOM; and the European Union Training Mission (EUTM) in Somalia; or (d) the provision of financing or financial assistance or technical assistance for the sale, supply, transfer or export of goods and technology included in the Common Military List of the European Union destined for the sole use of States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia and for which the Federal Government of Somalia has notified the UN Secretary-General, and provided that any measures undertaken shall be consistent with applicable international humanitarian and international human rights law.’; (5) Annex III is amended as set out in Annex to this Regulation.

Article 2

Open ↗

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union .

Supplementary provisions

ANNEXSupplementary provisions

Open ↗

ANNEX In Annex III, paragraph 3 is replaced by the following: ‘3. Explosive materials, as follows, and mixtures containing one or more thereof: Name of the substance Chemical Abstracts Service Registry number (CAS RN) Combined Nomenclature (CN) code  ( 1 ) Ammonium Nitrate Fuel Oil (ANFO) 6484-52-2 (ammonium nitrate) 3102 30 90 3102 40 Nitrocellulose (containing more than 12,5 % nitrogen w/w) 9004-70-0 ex 3912 20 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 List 55-63-0 ex 2920 90 70 Nitroglycol 628-96-6 ex 2920 90 70 Pentaerythritol tetranitrate (PETN) 78-11-5 ex 2920 90 70 Picryl chloride 88-88-0 ex 2904 99 00 2,4,6-Trinitrotoluene (TNT) 118-96-7 2904 20 00 ( 1 )   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.’

Other acts of the same type
Regulation (EU) 2021/819 of the European Parliament and of the Council of 20 May 2021 on the European Institute of Innovation and Technology (recast) (Text with EEA relevance)Regulation (EU) 2021/821 of the European Parliament and of the Council of 20 May 2021 setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items (recast)Commission Implementing Regulation (EU) 2021/823 of 20 May 2021 imposing a definitive countervailing duty on imports of certain rainbow trout originating in Turkey following an expiry review pursuant to Article 18 of Regulation (EU) 2016/1037 of the European Parliament and of the CouncilRegulation (EU) 2021/836 of the European Parliament and of the Council of 20 May 2021 amending Decision No 1313/2013/EU on a Union Civil Protection Mechanism (Text with EEA relevance)Regulation (EU) 2021/840 of the European Parliament and of the Council of 20 May 2021 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2021-2027 (the ‘Pericles IV’ programme), and repealing Regulation (EU) No 331/2014Regulation (EU) 2021/847 of the European Parliament and of the Council of 20 May 2021 establishing the ‘Fiscalis’ programme for cooperation in the field of taxation and repealing Regulation (EU) No 1286/2013Regulation (EU) 2021/887 of the European Parliament and of the Council of 20 May 2021 establishing the European Cybersecurity Industrial, Technology and Research Competence Centre and the Network of National Coordination CentresRegulation (EU) 2021/888 of the European Parliament and of the Council of 20 May 2021 establishing the European Solidarity Corps Programme and repealing Regulations (EU) 2018/1475 and (EU) No 375/2014 (Text with EEA relevance)Commission Delegated Regulation (EU) 2021/1244 of 20 May 2021 amending Annex X to Regulation (EU) 2018/858 of the European Parliament and of the Council as regards the standardised access to vehicle on-board diagnostics information and repair and maintenance information, and the requirements and procedures for access to vehicle security informationCommission Implementing Regulation (EU) 2021/795 of 17 May 2021 withdrawing the approval of the active substance alpha-cypermethrin in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending Commission Implementing Regulation (EU) No 540/2011 (Text with EEA relevance)Commission Delegated Regulation (EU) 2021/1353 of 17 May 2021 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to the cases and conditions under which competent authorities may designate official laboratories which do not fulfil the conditions in relation to all the methods they use for official controls or other official activities (Text with EEA relevance)Regulation (EU) 2021/943 of the European Central Bank of 14 May 2021 amending Regulation (EU) 2015/534 on reporting of supervisory financial information (ECB/2021/24)

Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

Contents

What to look at next