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Document 32020D0170
Council Decision (CFSP) 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Decision (CFSP) 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
Council Decision (CFSP) 2020/170 of 6 February 2020 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
ST/13666/2019/INIT
OJ L 36, 7.2.2020, p. 5–12
(BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
7.2.2020 |
EN |
Official Journal of the European Union |
L 36/5 |
COUNCIL DECISION (CFSP) 2020/170
of 6 February 2020
amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1). |
(2) |
On 15 November 2019, the United Nations Security Council adopted Resolution (UNSCR) 2498 (2019). That Resolution reaffirms a general and complete arms embargo on Somalia and amends the exemptions, advance approvals and notifications concerning the delivery of arms and related materials to Somalia. The Resolution reaffirms the prohibition on the import of charcoal from Somalia, and also introduces restrictions on the sale, supply and transfer of improvised explosive device components to Somalia. |
(3) |
Decision 2010/231/CFSP should therefore be amended accordingly. |
(4) |
Further action by the Union is necessary to implement certain measures in this Decision, |
HAS ADOPTED THIS DECISION:
Article 1
Decision 2010/231/CFSP is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
The following Article is inserted: ‘Article 1c 1. Subject to Article 1(3), the direct or indirect supply, sale or transfer to Somalia of improvised explosive device components which appear on the EU Common Military List, and are reproduced in Annex IV to this Decision, by nationals of Member States or from the territories of Member States, shall be prohibited whether originating or not in their territories. 2. The direct or indirect supply, sale or transfer to Somalia of other improvised explosive device components, as listed in Annex V to this Decision, shall be subject to prior authorisation by the competent authorities of the Member States. They shall not grant such authorisation if there is sufficient evidence to demonstrate that the items will be used, or there is a significant risk they may be used, in the manufacture in Somalia of improvised explosive devices. 3. Member States shall notify the Sanctions Committee of the sale, supply or transfer of items referred to in paragraph 2 within 15 working days after the sale, supply or transfer takes place. The notifications shall contain all relevant information, including the purpose of the use of the items, the end user, the technical specifications and the quantity of the items to be shipped. They shall ensure that the Federal Government of Somalia and the Federal Member States of Somalia are provided with adequate financial and technical assistance to establish appropriate safeguards for the storage and distribution of such materials. 4. Member States shall promote the exercise of vigilance by natural and legal persons subject to their jurisdiction as regards the direct or indirect supply, sale or transfer of explosive precursors and materials to Somalia that may be used in the manufacture of improvised explosive devices, other than the items listed in Annexes IV and V to this Decision. Member States shall keep records of transactions of which they are aware regarding suspicious purchases of, or enquiries into, such other items by natural or legal persons in Somalia, and shall share such information with the Federal Government of Somalia, the Sanctions Committee and the Panel of Experts on Somalia.’. |
(3) |
Annex II is replaced by Annex I to this Decision. |
(4) |
Annex III is added as set out in Annex II to this Decision. |
(5) |
Annex IV is added as set out in Annex III to this Decision. |
(6) |
Annex V is added as set out in Annex IV to this Decision. |
Article 2
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Done at Brussels, 6 February 2020.
For the Council
The President
A. METELKO-ZGOMBIĆ
(1) Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17).
ANNEX I
‘ANNEX II
LIST OF ITEMS REFERRED TO IN POINT (F)(I) OF ARTICLE 1(3)
1.
Surface to air missiles, including Man-Portable Air-Defence Systems (MANPADS).
2.
Weapons with a calibre greater than 12,7 mm, and components specially designed for these, and associated ammunition. (This does not include shoulder fired anti-tank rocket launchers such as RPGs or LAWs, rifle grenades, or grenade launchers.)
3.
Mortars with a calibre greater than 82 mm and associated ammunition.
4.
Anti-tank guided weapons, including Anti-tank Guided Missiles (ATGMs) and ammunition and components specially designed for these items.
5.
Charges and devices specifically designed or modified for military use; mines and related materiel.
6.
Weapon sights with a night vision capability.
7.
Aircraft, specifically designed or modified for military use. (“Aircraft” means fixed wing, swivel wing, rotary wing, tilt rotor or tilt wing vehicle, or helicopter.)
8.
“Vessels” and amphibious vehicles specifically designed or modified for military use. (“Vessel” includes any ship, surface effect vehicle, vessel of small water plane area or hydrofoil and the hull or part of the hull of a vessel.)
9.
Unmanned combat aerial vehicles (listed as Category IV in the UN Register of Conventional Arms).
ANNEX II
‘ANNEX III
LIST OF ITEMS REFERRED TO IN POINTS (F)(II) AND (F)(III) OF ARTICLE 1(3)
1.
All types of weapons with a calibre up to 12,7 mm, and associated ammunition.
2.
RPG-7 and recoilless rifles, and associated ammunition.
3.
Helmets manufactured according to military standards or specification, or comparable national standards.
4.
Body armour or protective garments, as follows:
(a) |
soft body armour or protective garments, manufactured to military standards or specifications, or their equivalents (military standards or specifications include, as a minimum, specifications for fragmentation protection); |
(b) |
hard body armour plates providing ballistic protection equal to or greater that level III (NIJ 0101.06 July 2008) or national equivalents. |
5.
Ground vehicles specifically designed or modified for military use.
6.
Communication equipment specifically designed or modified for military use.
7.
Global Navigation Satellite Systems (GNSS) positioning equipment, specifically designed or modified for military use.
ANNEX III
‘ANNEX IV
LIST OF ITEMS REFERRED TO IN ARTICLE 1C(1)
1.
Tetryl (trinitrophenylmethylnitramine).
2.
Equipment that is both specially designed for military use and specially designed for activating, powering with one-time operational output, discharging or detonating Improvised Explosive Devices (IEDs).
3.
“Technology”“required” for the “production” or “use” of the items listed at paragraphs 1 and 2. (The definitions of the terms “technology”, “required”, “production”, and “use” are from the Common Military List of the European Union (1).)
ANNEX IV
‘ANNEX V
LIST OF ITEMS REFERRED TO IN ARTICLE 1C(2)
1.
Equipment and devices, not specified by item 2 in Annex IV, that are specially designed to initiate explosives by electrical or non-electrical means (e.g. firing sets, detonators, igniters, detonating chord).
2.
“Technology”“required” for the “production” or “use” of the items listed in paragraph 1. (The definitions of the terms “technology”, “required”, “production” and “use” are from the Common Military List of the European Union.)
3.
Explosive materials, as follows, and mixtures containing one or more thereof:
(a) |
Ammonium Nitrate Fuel Oil (ANFO); |
(b) |
Nitrocellulose (containing more than 12,5 % nitrogen w/w); |
(c) |
Nitroglycol; |
(d) |
Pentaerythritol tetranitrate (PETN); |
(e) |
Picryl chloride; |
(f) |
2,4,6-Trinitrotoluene (TNT). |
4.
Explosives precursors:
(a) |
Ammonium nitrate; |
(b) |
Potassium nitrate; |
(c) |
Sodium chlorate; |
(d) |
Nitric acid; |
(e) |
Sulphuric acid. |