18.7.2017   

EN

Official Journal of the European Union

L 185/16

(1)

On 6 February 2017, the Council noted that the smuggling of migrants and trafficking of human beings contributes to destabilising the political and security situation in Libya.

(2)

On 17 July 2017, the Council adopted Decision (CFSP) 2017/1338 (3), which applies export restrictions on certain goods to Libya which may be used for smuggling migrants and trafficking in human beings.

(3)

Regulatory action at the level of the Union is necessary in order to implement the measures, in particular with a view to ensuring their uniform application by economic operators in all Member States.

(4)

Regulation (EU) 2016/44 should therefore be amended accordingly,

(1)

the following Article is inserted:

‘Article 2a

1.   Prior authorisation shall be required for:

2.   Annex VII shall include the items which could be used for the smuggling of migrants and trafficking in human beings.

3.   Paragraph 1 shall not apply to the sale, supply, transfer or export, directly or indirectly, of goods set out in Annex VII, as well as the provision of technical assistance, brokering services, financing or financial assistance related to those goods by authorities of Member States to the Libyan government.

4.   The competent authority concerned shall not grant authorisation referred to in paragraph 1 when there are reasonable grounds to believe that the goods would be used for the purpose of smuggling of migrants and trafficking in human beings.

5.   Where a competent authority listed in Annex IV refuses to grant authorisation, or annuls, suspends, substantively modifies or revokes authorisation in accordance with this Article, the Member State concerned shall notify the other Member States and the Commission thereof and share the relevant information with them.’;

(2)

in Article 20, the following point is inserted: