EU Restrictive measures in view of the situation in Libya

 

SUMMARY OF:

Decision (CFSP) 2015/1333 — concerning restrictive measures in view of the situation in Libya

Regulation (EU) 2016/44 — concerning restrictive measures in view of the situation in Libya

WHAT IS THE AIM OF THE DECISION AND THE REGULATION?

• As part of the EU’s common foreign and security policy objectives, they provide the legal basis for EU sanctions against Libya.
• They reinforce UN sanctions against Libya which have been in place since 2011.

KEY POINTS

The decision and the regulation, which have been amended numerous times, include a range of bans and restrictions including:

• a ban on the sale, supply, export or transfer of equipment, such as firearms, which might be used for internal repression for use in Libya.
  • This includes a ban on providing technical assistance in the use such equipment;
• inspection by EU countries of all vessels and aircraft bound to or from Libya suspected of carrying banned items;
• prior authorisation for the sale, supply, export or transfer of goods,such as inflatable vessels or motor boats, which might be used for smuggling migrants or for human trafficking, for use in Libya;
• the freezing of funds and economic resources of persons, companies or bodies listed by the UN Security Council or UN Sanctions Committee in respect of Libya as well as those not on those lists, but who fulfil certain criteria including being:
  • involved in or complicit in serious human rights abuses against persons in Libya;
  • identified as being involved or associated in the former regime of Muammar Qadhafi;
  • engaged or providing support for acts that threaten the peace, stability or security of Libya or obstruct or undermine Libya’s political transition;
• refusal of admission into EU territory of those subject to UN travel bans in respect of Libya as well as those fulfilling certain criteria such as those mentioned above.

Derogations

The regulation and decision both contain a number of derogations from these bans and restrictions, these include:

• the release of certain frozen assets for legitimate purposes;
• the sale, supply, export or transfer of certain protective equipment such as flak jackets and military helmets under specific circumstances;
• travel on humanitarian grounds.

FROM WHEN DO THE DECISION AND THE REGULATION APPLY?

The decision has applied since 2 August 2015. It repeals Decision 2011/137/CFSP.

The regulation has applied since 20 January 2016. It repeals Regulation (EU) No 204/2011.

BACKGROUND

• Libya and the EU (European External Action Service).

MAIN DOCUMENTS

Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ L 206, 1.8.2015, pp. 34-60)

Successive amendments to Council Decision (CFSP) 2015/1333 have been incorporated into the original text. This consolidated version is of documentary value only.

Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (OJ L 12, 19.1.2016, pp. 1-26)

See consolidated version.

RELATED DOCUMENTS

Common Military List of the European Union (OJ C 97, 28.3.2017, pp. 1-33)

Consolidated version of the Treaty on European Union — Title V — General provisions on the Union's external action and specific provisions on the common foreign and security policy — Chapter 2 — Specific provisions on the common foreign and security policy — Section 1 — Common provisions — Article 29 (ex Article 15 TEU) (OJ C 202, 7.6.2016, p. 33)

Consolidated version of the Treaty on the Functioning of the European Union — Part five — The Union's external action — Title IV — Restrictive measures — Article 215 (ex Article 301 TEC) (OJ C 202, 7.6.2016, p. 144)

Council Decision (CFSP) 2015/778 of 18 May 2015 on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR MED) (OJ L 122, 19.5.2015, pp. 31-35)

See consolidated version.

last update 12.07.2023