Regulation (EC) No 147/2003 is amended as follows:
(1)
Article 2a is deleted.
(2)
Article 3 is replaced by the following:
‘Article 3
1. Article 1 shall not apply to 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:
(a)
the support of, or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM);
(b)
the support of, or use by the African Union Transition Mission in Somalia (ATMIS) and its strategic partners, operating solely under the latest African Union Strategic Concept of Operations, and in cooperation and coordination with ATMIS;
(c)
the support of, or use by: 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 that are either operating within the Somalia Transition Plan, or have a status of forces agreement or a memorandum of understanding with the Federal Government of Somalia to serve the purposes of UNSC Resolution 2662 (2022) provided they inform the Sanctions Committee about concluding such agreements;
(d)
the development of Somalia’s security and police institutions, at local and national level, to provide security for the Somali people.
2. By derogation from paragraph 1, point (d), the provision of financing or financial assistance or technical assistance related to military activities for the development of Somalia’s security and police institutions shall be subject to:
(a)
in relation to goods and technology included in Annex IV, the absence of a negative decision by the Sanctions Committee, within five working days of the Committee receiving a notification from Somalia or a Member State or the international, regional or sub regional organisation delivering assistance;
(b)
in relation to goods and technology included in Annex V, prior notification to the Sanctions Committee for information purposes submitted five working days in advance by Somalia, the Member States or international, regional and subregional organisations delivering assistance.
3. Notifications by the European Union or Member States under paragraph 2, points (a) and (b), of this Article shall include:
(a)
details of the manufacturer and supplier of the weapons and military equipment, including serial numbers;
(b)
a description of the arms and ammunition including the type, calibre and quantity;
(c)
proposed date and place of delivery; and
(d)
all relevant information concerning the intended destination unit, or the intended place of storage.
4. The European Union or the supplying Member State delivering assistance in the form of financing, financial assistance or technical assistance in relation to goods and technology included in the Common Military List of the European Union shall, no later than 30 days after the delivery of arms and related material of all types, submit to the Sanctions Committee a post-delivery notification in the form of written confirmation of the completion of any delivery, including the serial numbers for the arms and related material delivered, shipping information, bill of lading, cargo manifests or packing lists, and the specific place of storage.
5. Article 1 shall not apply 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 and 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.’
.
(3)
Annex IV is added as in Annex I to this Regulation.
(4)
Annex V is added as in Annex II to this Regulation.