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Document 32011R0965
Council Regulation (EU) No 965/2011 of 28 September 2011 amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Council Regulation (EU) No 965/2011 of 28 September 2011 amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
Council Regulation (EU) No 965/2011 of 28 September 2011 amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya
IO L 253, 29.9.2011, p. 8–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) Foilsíodh an doiciméad seo in eagrán speisialta
(HR)
No longer in force, Date of end of validity: 19/01/2016; Arna aisghairm go hintuigthe ag 32016R0044
29.9.2011 |
EN |
Official Journal of the European Union |
L 253/8 |
COUNCIL REGULATION (EU) No 965/2011
of 28 September 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 2011/625/CFSP of 22 September 2011 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 2011/625/CFSP provides, in particular, for new exemptions from the arms embargo, adjustments to the assets freeze of certain Libyan entities and for the possibility of making funds and economic resources available to such 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 regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application by economic operators in all Member States. |
(4) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately upon its publication, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 204/2011 is hereby 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 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 5 working days of such notification.’; |
(2) |
Article 4a is deleted; |
(3) |
in Article 5, the following paragraph is added: ‘4. All funds and economic resources belonging to, owned, held or controlled on 16 September 2011 by:
and located outside Libya on that date shall remain frozen.’; |
(4) |
Article 7 is replaced by the following: ‘Article 7 1. By way of derogation from Article 5, the competent authorities in the Member States, as identified on the websites listed in Annex IV, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources are:
provided that, where the authorisation concerns a person, entity or body listed in Annex II or referred to in Article 5(4), the Member State concerned has notified the Sanctions Committee of that determination and its intention to grant an authorisation, and the Sanctions Committee has not objected to that course of action within five working days of notification. 2. By way of derogation from Article 5, 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, or the making available of certain frozen funds or economic resources, after having determined that the frozen funds or economic resources are necessary for extraordinary expenses provided that the following conditions are met:
|
(5) |
Article 8 is replaced by the following: ‘Article 8 By way of derogation from Article 5, 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:
|
(6) |
the following Article 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:
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:
|
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, 28 September 2011.
For the Council
The President
M. DOWGIELEWICZ
ANNEX
The following legal persons, entities or bodies shall be deleted from the list set out in Annex II to Regulation (EU) No 204/2011:
1. |
Central Bank of Libya (CBL). |
2. |
Libyan Investment Authority. |
3. |
Libyan Foreign Bank. |
4. |
Libyan Africa Investment Portfolio. |