26.3.2011 EN Official Journal of the European Union L 80/2
COUNCIL REGULATION (EU) No 296/2011
of 25 March 2011
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 2011/178/CFSP of 23 March 2011 amending 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 Commission,
Whereas:
(1) Decision 2011/178/CFSP provides, inter alia, for further restrictive measures in relation to Libya, including a prohibition on flights in Libyan airspace, a prohibtion on Libyan aircraft in the airspace of the Union, and further provisions in relation to the measures introduced in Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya (2), including a provision to ensure that these measures do not affect humanitarian operations in Libya.
(2) Some of those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States.
(3) Council Regulation (EU) No 204/2011 (3) should be amended accordingly.
(4) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force on the day of its publication,
Regulation (EU) No 204/2011 is hereby amended as follows:
(1) Article 3 is replaced by the following:
(a) to provide, directly or indirectly, technical assistance related to the goods and technology listed in the Common Military List of the European Union (4) (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 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) the following Articles are inserted:
(a) fly over the territory of the Union;
(b) make stops in the territory of the Union for any purpose; or
(c) operate any air service to or from the Union,
(a) fly over the territory of Libya;
(b) make stops in the territory of Libya for any purpose; or
(c) operate any air service to or from Libya.
(i) the sole purpose of which is humanitarian, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance;
(ii) for evacuations from Libya;
(iii) authorised by paragraph 4 or 8 of UNSCR 1973 (2011); or
(iv) which are deemed by Member States, acting under the authorisation conferred in paragraph 8 of UNSCR 1973 (2011), to be necessary for the benefit of the Libyan people.
(3) in Article 6, paragraphs 1 and 2 are replaced by the following:
(4) the following Article is inserted:
(5) the following Article is inserted:
(6) Article 12 is replaced by the following:
(7) in point (a) of Article 13(1), the reference to Article 4 is replaced by a reference to Article 5.
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.