CELEX: 52011PC0601
Language: en
Date: 2011-09-26
Title: 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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		52011PC0601
		
			Joint Proposal for a COUNCIL REGULATION amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya /* COM/2011/0601 final - 2011/0259 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
(1)              
On 2 March 2011, the Council adopted Regulation
(EU) No 204/2011 imposing restrictive measures in view of the situation in Libya
in order to give effect to UN Security Council Resolution 1970 (2011). 
(2)              
On 15 September 2011, the UN Security Council
adopted Resolution 2009 (2011) to promote Libya’s recovery from its recent
conflict and begin unwinding some of the sanctions imposed under UNSCR 1970 and
successive resolutions. UNSCR 2009 creates new exemptions to the arms embargo, removes
restrictions on Libyan-operated flights and provides for a transparent and
responsible unfreezing of certain funds frozen under UNSCR 1970 in order to
support the resumption of economic activity. The Council is preparing a CFSP
Decision to implement UNSCR 2009.
(3)              
Some of these measures fall within the scope of
the Treaty on the Functioning of the European Union and, therefore, notably
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.
2011/0259 (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/
/CFSP of […] amending Council Decision 2011/137/CFSP concerning restrictive
measures in view of the situation in Libya[1],
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)              
On 2 March 2011, the Council adopted Regulation
(EU) No 204/2011 concerning restrictive measures in view of the situation in Libya[2].

(2)              
Further to UN Security Council Resolution 2009
(2011), Decision 2011/[…]/CFSP provides in particular for new exemptions to the
arms embargo, adjustments to the assets freeze of certain Libyan entities and the
resumption of certain Libyan flights, in order to support Libya’s economic
recovery. 
(3)              
Some of those 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.
(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)                   
In Article 3, the following paragraph is added:
“6.     By way of derogation from paragraph 1,
the competent authorities of the Member States, as indicated on the websites listed
in Annex IV, may authorise the provision to persons, entities or bodies in
Libya of technical assistance, financing and financial assistance related to
the goods and technology listed in the Common Military List or related to
equipment which might be used for internal repression, for security or
disarmament assistance to the Libyan authorities, provided that the Member
State concerned has notified its intention to grant an authorisation to the
Sanctions Committee in advance, and the Sanctions Committee has not objected within
five working days of such notification.”
(2)                   
Article 4a is deleted.
(3)                   
In Article 5, the following paragraph is
inserted:
“4.     All funds and economic resources
belonging to, owned, held or controlled on [.../ … / 2011] by:
(a)          
Central Bank of Libya;
(b)         
Libyan Arab Foreign Bank;
(c)          
Libyan Investment Authority; and
(d)         
Libyan Africa Investment Portfolio,
and located outside Libya on [.../ … / 2011] shall
remain frozen. 
(4)                   
The following Article 8b is inserted:
“Article
8b
1.           By way of derogation from
Article 5 (4), the competent authorities of the Member States, as indicated on
the websites listed in Annex IV, may authorise the release of certain frozen funds
or economic resources, provided that:
(a)         
the funds or economic resources shall be used for one or more of the
following purposes: 
(i)      humanitarian needs; 
(ii)      fuel, electricity and water for
strictly civilian uses; 
(iii)     resuming Libyan production and sale
of hydrocarbons; 
(iv)     establishing, operating, or
strengthening institutions of civilian government and civilian public
infrastructure; or
(v)     facilitating the resumption of banking
sector operations, including to support or facilitate international trade with
Libya;
(b)         
the Member State concerned has provided notice
to the Sanctions Committee of its intention to authorize access to funds or
economic resources, and the Sanctions Committee has not objected within five
working days of such a notification,
(c)         
the Member State concerned has
notified the Sanctions Committee that those funds or economic resources shall
not be made available to or for the benefit of any person, entity or body
listed in Annexes II and III.
(d)         
the Member State concerned has consulted in advance with the Libyan authorities
about the use of such funds or economic resources; and
(e)         
the Member State concerned has shared with the Libyan authorities the notification
submitted pursuant to this paragraph and the Libyan authorities have not
objected within five working days to the release of such funds or economic
resources.
2.           By
way of derogation from Article
5(4) and provided that a payment is due under a contract or agreement that was
concluded by, or an obligation that arose for the person, entity or body
concerned, before the date on which that person, entity or body had been designated
by the UN Security Council or the Sanctions Committee, the competent
authorities of the Member States, as indicated on the websites listed in
Annex IV, may authorise, under such conditions as they deem appropriate,
the release of certain frozen funds or economic resources, if the following
conditions are met:
(a)     the competent authority concerned has
determined that the payment is not in breach of Article 5 (2) nor to or for the benefit of persons, entities or bodies referred to in
Article 5(4);
(b)     the Sanctions Committee has been
notified by the relevant Member State of the intention to grant an
authorisation ten working days in advance.”
Article 2
Annex II to Regulation (EU) No 204/2011 is
hereby amended in accordance with the Annex to this Regulation.
Article 3
This
Regulation shall enter into force on the day of its publication in the Official
Journal of the European Union.
This
Regulation shall be binding in its entirety and directly applicable in all
Member States.
Done at Brussels, […]
                                                                       For
the Council
                                                                       The
President
                                                                       […]
ANNEX
The following legal persons, entities or
bodies shall be removed from the list set out in Annex II to Regulation (EU) No
204/2011.
1.           Central Bank of Libya 
2.           Libyan Investment
Authority
3.           Libyan Foreign Bank
4.           Libya Africa Investment
Portfolio
[1]               OJ L […], […].2011, p. […].
[2]               OJ L 58, 3.03.2011, p. 1.