Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2013-05-15
Institutions: European Commission, High Representative of the Union
Subjects: Libya, arms control, economic sanctions, international sanctions, trade restriction

EUROPEAN 
COMMISSION 

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

Brussels, 15.5.2013  
JOIN(2013) 16 final 

2013/0154 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

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

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(1) 

(2) 

(3) 

(4) 

(5) 

EXPLANATORY MEMORANDUM 

On  2  March  2011  the  Council  adopted  Regulation  (EU)  No  204/2011  concerning 
restrictive measures in view of the situation in Libya to give effect to the measures 
provided for in Decision 2011/137/CFSP of 28 February 2011. 

On 22 January 2013 the Council adopted Decision 2013/45/CFSP which provides for 
an amendment to Decision 2011/137/CFSP in order to permit the release of certain 
frozen funds or economic resources where they are required to respond to a judicial 
or administrative decision delivered in the Union, or a judicial decision enforceable 
in a Member State. 

On  22  April  2013  the  Council  adopted  Decision  2013/182/CFSP  further  amending 
Decision  2011/137/CFSP  and  providing  for  additional  derogations  from  the  arms 
embargo. 

Some of these measures fall within the scope of the Treaty on the Functioning of the 
European  Union  and,  therefore,  in  particular  with  a  view  to  ensuring  their  uniform 
application  by  economic  operators  in  all  Member  States,  regulatory  action  at  the 
level of the Union is necessary in order to implement them. 

The  High  Representative  of  the  Union  for  Foreign  Affairs  and  Security  Policy  and 
the  European  Commission  propose  to  amend  Regulation  (EU)  No  204/2011 
accordingly. 

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2013/0154 (NLE) 

Joint Proposal for a 

COUNCIL REGULATION 

amending 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  2011/137/CFSP  of  28  February  2011  concerning 
restrictive measures in view of the situation in Libya1, 

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) 

(2) 

(3) 

(4) 

Council  Regulation  (EU)  No  204/2011  of  2  March  2011  concerning  restrictive 
measures in view of the situation in Libya2 gives effect to the measures provided for in 
Decision 2011/137/CFSP. 
Council  Decision  2013/45/CFSP  of  22  January  20133  provides  for  an  amendment  to 
Decision  2011/137/CFSP  in  order  to  permit  the  release  of  certain  frozen  funds  or 
economic resources where they are required to respond to a judicial or administrative 
decision delivered in the Union, or a judicial decision enforceable in a Member State. 
Council  Decision  2013/182/CFSP  of  22  April  20134  provides  for  an  amendment  to 
Decision 2011/137/CFSP in accordance with the Resolution 2095 (2013) of the United 
Nations Security Council which amends the arms embargo imposed by paragraph 9(a) 
of  Resolution  1970  (2011)  and  further  elaborated  upon  by  in  paragraph  13(a)  of 
Resolution 2009(2011). 

Certain of these measures fall within the scope of the Treaty on the Functioning of the 
European  Union  and,  therefore,  in  particular  with  a  view  to  ensuring  their  uniform 
application by economic operators in all Member States, regulatory action at the level 
of the Union is necessary in order to implement them. 

(5) 

Regulation (EU) No 204/2011 should therefore be amended accordingly,  

HAS ADOPTED THIS REGULATION: 

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

(1) 

Article 3 is replaced by the following:  

Article 1 

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2 
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OL L 58, 3.3.2011, p.53. 
OJ L 58, 3.03.2011, p. 1. 
OJ L 20, 23.1.2013, p. 60. 
OJ L 111, 23.4.2013, p. 50. 

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“Article 3 

1. It shall be prohibited:  

(a)  to  provide,  directly  or  indirectly,  technical  assistance  related  to  the  goods  and 
technology  listed  in  the  Common  Military  List  of  the  European  Union5  (Common 
Military List) or related to the provision, manufacture, maintenance and use of goods 
included in that list, to any person, entity or body in Libya or for use in Libya;  

(b)  to  provide,  directly  or  indirectly,  technical  assistance,  financing  or  financial 
assistance,  or  brokering  services  related  to  equipment  which  might  be  used  for 
internal repression as listed in Annex I, to any person, entity or body in Libya or for 
use in Libya;  

(c)  to  provide,  directly  or  indirectly,  financing  or  financial  assistance  related  to  the 
goods and technology listed in the Common Military List or in Annex I, including in 
particular grants, loans and export credit insurance, for any sale, supply, transfer or 
export  of  such  items,  or  for  any  provision  of  related  technical  assistance  to  any 
person, entity or body in Libya or for use in Libya;  

(d)  to  provide,  directly  or  indirectly,  technical  assistance,  financing  or  financial 
assistance, brokering services or transport services related to the provision of armed 
mercenary personnel in Libya or for use in Libya;  

(e)  to  participate,  knowingly  and  intentionally,  in  activities  the  object  or  effect  of 
which is to circumvent the prohibitions referred to in points (a) to (d). 

2.  By  way  of  derogation  from  paragraph  1, the prohibitions refered to therein shall 
not apply to: 

(a) the  provision of  technical assistance, financing or  financial assistance related to 
non-lethal  military  equipment  intended  solely  for  humanitarian  purposes  or 
protective use; 

(b) the provision of technical assistance, financing or financial assistance related to 
other sales and supply of arms and related material, as approved in advance by the 
Sanctions Committee; 

(c)  the  provision  of  technical  assistance,  financing  or  financial  assistance  intended 
solely for security or disarmament assistance to the Libyan goverment; 

(d)  protective  clothing,  including  flak  jackets  and  helmets,  temporarily  exported  to 
Libya  by  United  Nations  personnel,  personnel  of  the  Union  or  its  Member  States, 
representatives  of  the  media  and  humanitarian  and  development  workers  and 
associated personnel for their personal use only. 

3. By way of derogation from paragraph 1, the competent authorities in the Member 
States,  as  listed  in  Annex  IV,  may  authorise  the  provision  of  technical  assistance, 
financing  and  financial  assistance  related  to  equipment  which  might  be  used  for 
internal  repression,  under  such  conditions  as  they  deem  appropriate,  if  they 
determine that such equipment is intended solely for humanitarian or protective use."  

(2) 

Article 8 is replaced by the following: 

“Article 8 

5 

OJ C 69, 18.3.2010, p. 19. 

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1.  By  way  of  derogation  from  Article  5,  with  regard  to  persons,  entities  or  bodies 
listed in Annex II, the competent authorities in the Member States, as listed in Annex 
IV,  may  authorise  the  release  of  certain  frozen  funds  or  economic  resources,  if  the 
following conditions are met:  

(a)  the  funds  or  economic  resources  in  question  are  the  subject  of  a  judicial, 
administrative or arbitral lien established prior to the date on which the person, entity 
or  body  referred  to  in  Article  5  was  included  in  Annex  II,  or  was  referred  to  in 
Article 5(4), or of a judicial, administrative or arbitral judgment rendered prior to that 
date;  

(b)  the  funds  or  economic  resources  in  question  will  be  used  exclusively  to  satisfy 
claims secured by such a lien or recognised as valid in such a judgment, within the 
limits set by applicable laws and regulations governing the rights of persons having 
such claims;  

(c)  the  lien  or  judgment  is  not  for  the  benefit  of  a  person,  entity  or  body  listed  in 
Annex II or III, or referred to in Article 5(4);  

(d) recognising the lien or judgment is not contrary to public policy in the Member 
State concerned; and 

(e)  the  Sanctions  Committee  has  been  notified  by  the  Member  State  of  the  lien  or 
judgment.  

2.  By  way  of  derogation  from  Article  5,  with  regard  to  persons,  entities  or  bodies 
listed  in  Annex  III,  the  competent  authorities  in  the  Member  States,  as  listed  in 
Annex IV, may authorise the release of certain frozen funds or economic resources, 
if the following conditions are met:  

(a) the funds or economic resources are the subject of an arbitral decision rendered 
prior  to  the  date  on  which  the  natural  or legal  person,  entity  or  body  referred  to  in 
Article 5 was listed in Annex III, or of a judicial or administrative decision rendered 
in the Union, or a judicial decision enforceable in the Member State concerned, prior 
to or after that date. 

(b)  the  funds  or  economic  resources  will  be  used  exclusively  to  satisfy  claims 
secured by such a decision or recognised as valid in such a decision, within the limits 
set  by  applicable  laws  and  regulations  governing  the  rights  of  persons  having  such 
claims;  

(c) the decision is not for the benefit of a natural or legal person, entity or body listed 
in Annex II or III, or referred to in Article 5(4);  

(d)  recognising  the  decision  is  not  contrary  to  public  policy  in  the  Member  State 
concerned; and 

(e)  the  relevant  Member  State  has  informed  the  other  Member  States  and  the 
Commission of any authorisation granted." 

(3) In Article 9(1), the following points (c) and (d) are added: 

“(c)  payments  due  under  judicial,  administrative  or  arbitral  lien  or  judgment,  as 
referred to in Article 8(1);  

(d) payments due under judicial, administrative or arbitral decisions rendered in the 
Union, or enforceable in the Member State concerned, as referred to in Article 8(2),"  

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

Article 2 

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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