Joint Proposal for a COUNCIL REGULATION amending Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2011-06-08
Institutions: European Commission, High Representative of the Union
Subjects: Libya, basic needs, economic sanctions, evacuation of the population, fishing port, international sanctions, legal person, trade restriction

EUROPEAN COMMISSION 

HIGH REPRESENTATIVE OF THE
EUROPEAN UNION FOR 
FOREIGN AFFAIRS AND 
SECURITY POLICY

Brussels, 8.6.2011 
COM(2011) 355 final 

2011/0155 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 204/2011 concerning restrictive measures in view 
of the situation in Libya 

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EXPLANATORY MEMORANDUM 

(1) 

(2) 

Council  Regulation  (EU)  No  204/2011,  as  amended,  was  adopted  on  2  March  2011, 
pursuant  to  Council  Decision  2011/137/CFSP  of  28  February  2011,  in  order  to 
implement United Nations Security Council Resolution 1970 (2011) and to provide for 
additional EU autonomous mesures in consideration of the seriousness of the situation 
in Libya.  

Council  Decision  2011/[…]/CFSP  of  […]  amends  Council  Decision  2011/137/CFSP 
and provides for a specific derogation in relation to the freezing of the assets of certain 
entities  (ports).  Moreover,  provision  should  be  made  to  ensure  that  the  freezing 
measures  do  not  affect  the  continuation  of  humanitarian  operations  and  of  the 
provision of materials and supplies for essential civilian needs, as well as operations 
necessary for evacuations from Libya.  

(3) 

The  High  Representative  of  the  EU  for  Foreign  Affairs  and  Security  Policy  and  the 
Commission propose to give effect to these measures by means of a Regulation based 
on Article 215 of the Treaty on the Functioning of the European Union (TFEU). 

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2011/0155 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending Council Regulation (EU) No 204/2011 concerning restrictive measures in view 
of the situation in Libya 

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  2011/[…]/CFSP  of  […]  concerning  further  restrictive 
measures in view of the situation in Libya, 

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

After consulting the European Data Protection Supervisor, 

Whereas: 

(1) 

(2) 

(3) 

Council Decision 2011/[…]/CFSP of […] provides for a specific derogation in relation 
to the freezing of the assets of certain entities (ports). 

It  is  appropriate  to  ensure  the  continuation  of  humanitarian  operations  and  of  the 
provision of materials and supplies for essential civilian needs, as well as operations 
necessary for evacuations from Libya.  

This measure falls within the scope of the Treaty on the Functioning of the European 
Union  and,  therefore,  notably  with  a  view  to  ensuring  its  uniform  application  by 
economic operators in all Member States, regulatory action at the level of the Union is 
necessary in order to implement them. 

(4) 

In order to ensure that the measures provided for in this Regulation are effective, this 
Regulation must enter into force immediately, 

HAS ADOPTED THIS REGULATION: 

Article 1 

Regulation (EU) No 204/2011 is amended as follows: 

(1) 

The following Article shall be inserted:  

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“Article 10.a 

By way of derogation from Article 5 (2), the competent authorities in the Member States, as 
identified on the websites listed in Annex IV, may authorise the making available of funds or 
economic resources to port authorities listed in Annex III in relation to the execution, until 15 
July 2011, of contracts concluded before the date of entry into force of this Regulation, with 
the exception of contracts relating to oil, gas and refined oil products. The Member State shall 
inform  other  Member  States  and  the  Commission  of  authorisations  made  under  this  Article 
within two weeks of the authorisation.”  

Article 8a shall be replaced by the following: 

Article 2 

“Article 8a 

By  way  of  derogation  from  Article  5,  the  competent  authorities  in  the  Member 
States, as listed in Annex IV, may authorise the release of frozen funds or economic 
resources belonging to persons entities or bodies listed in Annex III, or the making 
available of certain funds or economic resources to persons entities or bodies listed in 
Annex  III,  under  such  conditions  as  they  deem  appropriate,  where  they  consider  it 
necessary  for  the  provision  of  materials  and  supplies  for  essential  civilian  needs, 
including food, agricultural, medical products and the provision of electricity, or for 
delivering or facilitating the delivery of humanitarian assistance, or for evacuations 
from  Libya.  The  Member  State  shall  inform  other  Member  States  and  the 
Commission  of  authorisations  made  under  this  Article  within  two  weeks  of  the 
authorisation.” 

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

Article 3 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, […] 

For the Council 
The President 
[…] 

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