Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Date: 2015-07-01
Institutions: European Commission, Service for Foreign Policy Instruments
Subjects: EU restrictive measure, Libya, arms control, economic sanctions, international sanctions, legal person, natural person, technology transfer

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   EUROPEAN COMMISSION HIGH REPRESENTATIVE OF THE UNION FOR FOREIGN AFFAIRS AND SECURITY POLICY Brussels, 1.7.2015  JOIN(2015) 27 final/2 2015/0143 (NLE)  This document replaces JOIN(2015)27 final of 1.7.2015 Downgraded on 7.4.2022 Concerns all language versions  The text shall read as follows: Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

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.  

Council Decision (CFSP) XXX/2015 completed a review of the persons and entities 
listed  in  Annexes  II  and  IV  to  Decision  2011/137/CFSP.  By  that  Decision  the 
restrictive  measures  imposed  by  Decision  2011/137/CFSP  as  amended  are  also 
consolidated into a new legal instrument. Regulation 204/2011 is being amended to 
take into account the relevant elements of Decision (CFSP) XXX/2015. 

Further action by the Union is needed in order to implement this amendment. 

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

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2015/0143 (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) 

Council Regulation (EU) No 204/20112 gives effect to certain measures provided for 
in Decision 2011/137/CFSP. 

Council  Decision  (CFSP)  XXX/2015  completed  a  review  of  the  persons  and  entities 
listed  in  Annexes  II  and  IV  to  Decision  2011/137/CFSP.  By  that  Decision  the 
restrictive  measures  imposed  by  Decision  2011/137/CFSP  as  amended  are  also 
consolidated  into  a  new  legal  instrument.  A  technical  amendment  is  needed  to 
Regulation 204/2011 to align it with Decision (CFSP) XXX/2015.  

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

(4) 

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

HAS ADOPTED THIS REGULATION: 

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

Article 1 

(1) 

In Article 3(2), point (c) is replaced by the following: 

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2 

OL L 58, 3.3.2011, p. 53. 
Council Regulation (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the 
situation in Libya (OJ L 58, 3.3.2011, p. 1). 

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"(c) the provision of technical assistance, financing or financial assistance related to  

(i)  

military equipment, including arms and related materiel not falling 
within the scope of paragraph (b) and intended solely for security 
or  disarmament  assistance  to  the  Libyan  government  and,  as 
approved in advance by the Sanctions Committee;   

(ii)  

non-lethal  military  equipment  intended  solely  for  security  or 
disarmament assistance to the Libyan government;" 

Article 2 

(2) 

In Article 8(1),  the introductory phrase is replaced by the following: 

“By way of derogation from Article 5, with regard to persons, entities or bodies listed 
in Annex II and VI, 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:" 

(3) 

Article 8(1)(c) is replaced by the following: 

“(c)  

the lien or judgement is not for the benefit of a person, entity or body listed in Annex 
II or III;” 

(4) 

Article 8(2)(c) is replaced by the following:  

“(c)  

the decision is not for the benefit of a natural or legal person, entity or body listed in 
Annex II or III;” 

(5) 

“(a) 

Article 8b(2)(a) is replaced by the following: 

the competent authority concerned has determined that the payment is not in breach of 
Article 5(2); ” 

This  Regulation  shall  enter  into  force  on  the  day  following  that  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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