HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 253/8
EN
Official Journal of the European Union
29.9.2011
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,
Member State concerned has notified its intention to grant
an authorisation to the Sanctions Committee in advance,
Having regard to the Treaty on the Functioning of the European
and the Sanctions Committee has not objected within 5
Union, and in particular Article 215 thereof,
working days of such notification.’;
Having regard to Council Decision 2011/625/CFSP of
(2) Article 4a is deleted;
22 September 2011 amending Council Decision
2011/137/CFSP concerning restrictive measures in view of the
(3) in Article 5, the following paragraph is added:
situation in Libya ( 1 ),
‘4. All
funds
and
economic
resources
belonging
to,
Having regard to the joint proposal from the High Represen
owned, held or controlled on 16 September 2011 by:
tative of the Union for Foreign Affairs and Security Policy and
the European Commission,
(a) Central Bank of Libya;
Whereas:
(b) Libyan Arab Foreign Bank (a. k. a. Libyan Foreign Bank);
(1) On
2
March
2011,
the
Council
adopted
Regulation
(EU)
No 204/2011 concerning restrictive measures in view of
(c) Libyan Investment Authority; and
the situation in Libya ( 2 ).
(d) Libyan Africa Investment Portfolio,
(2) Further
to
UN
Security
Council
Resolution
2009
(2011),
Decision 2011/625/CFSP provides, in particular, for new
and located outside Libya on that date shall remain frozen.’;
exemptions from the arms embargo, adjustments to the
assets freeze of certain Libyan entities and for the possi
bility of making funds and economic resources available
(4) Article 7 is replaced by the following:
to such entities, and the resumption of certain Libyan
flights, in order to support Libya’s economic recovery.
‘Article 7
1. By way of derogation from Article 5, the competent
(3) Some
of
those
measures
fall
within
the
scope
of
the
authorities in the Member States, as identified on the
Treaty on the Functioning of the European Union and
websites listed in Annex IV, may authorise the release of
regulatory action at the level of the Union is necessary in
certain frozen funds or economic resources, or the making
order to implement them, in particular with a view to
available of certain funds or economic resources, under such
ensuring their uniform application by economic
conditions as they deem appropriate, after having
operators in all Member States.
determined that the funds or economic resources are:
(4) In
order
to
ensure
that
the
measures
provided
for
in
this
(a) necessary to satisfy the basic needs of persons listed in
Regulation are effective, this Regulation must enter into
Annex II or III or referred to in Article 5(4), and their
force immediately upon its publication,
dependent family members, including payments for
foodstuffs, rent or mortgage, medicines and medical
HAS ADOPTED THIS REGULATION:
treatment, taxes, insurance premiums, and public
utility charges;
Article 1
Regulation (EU) No 204/2011 is hereby amended as follows:
(b) intended exclusively for the payment of reasonable
professional fees or the reimbursement of incurred
(1) in Article 3, the following paragraph is added:
expenses associated with the provision of legal services;
‘6. By way of derogation from paragraph 1, the
(c) intended exclusively for the payment of fees or service
competent authorities of the Member States, as indicated
charges for routine holding or maintenance of frozen
on the websites listed in Annex IV, may authorise the
funds or economic resources;
provision to persons, entities or bodies in Libya of
technical assistance, financing and financial assistance
provided that, where the authorisation concerns a person,
related to the goods and technology listed in the
entity or body listed in Annex II or referred to in
Common Military List for security or disarmament
Article 5(4), the Member State concerned has notified the
assistance to the Libyan authorities, provided that the
Sanctions Committee of that determination and its intention
to grant an authorisation, and the Sanctions Committee has
( 1 ) OJ L 246, 23.9.2011, p. 30.
not objected to that course of action within five working
( 2 ) OJ L 58, 3.3.2011, p. 1.
days of notification.

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EN
29.9.2011 Official
Journal
of
the
European
Union L
253/9
2. By
way
of
derogation
from
Article
5,
the
competent
has informed the other Member States and the
authorities of the Member States, as indicated on the
Commission of any authorisation granted.’;
websites listed in Annex IV, may authorise the release of
certain frozen funds or economic resources, or the making
(6) the following Article is inserted:
available of certain frozen funds or economic resources,
after having determined that the frozen funds or
economic resources are necessary for extraordinary
‘Article 8b
expenses provided that the following conditions are met:
1. By
way
of
derogation
from
Article
5(4),
the
competent
authorities of the Member States, as indicated on the
(a) where the authorisation concerns a person, entity or
websites listed in Annex IV, may authorise the release of
body listed in Annex II or referred to in Article 5(4),
certain frozen funds or economic resources, provided that:
the Sanctions Committee has been notified of that
determination by the Member State concerned and the
(a) the funds or economic resources shall be used for one
determination has been approved by that Committee;
or more of the following purposes:
and
(i) humanitarian needs;
(b) where the authorisation concerns a person, entity or
body listed in Annex III, the competent authority has
(ii) fuel, electricity and water for strictly civilian uses;
notified the grounds on which it considers that a
specific authorisation should be granted to the other
competent authorities of the Member States and to
(iii) resuming Libyan production and sale of hydro
the Commission at least two weeks before the authori
carbons;
sation.’;
(iv) establishing, operating, or strengthening institutions
of civilian government and civilian public infra
(5) Article 8 is replaced by the following:
structure; or
‘Article 8
(v) facilitating the resumption of banking sector
By way of derogation from Article 5, the competent
operations, including to support or facilitate inter
authorities in the Member States, as listed in Annex IV,
national trade with Libya;
may authorise the release of certain frozen funds or
economic resources, if the following conditions are met:
(b) the Member State concerned has notified to the
Sanctions Committee its intention to authorise access
to funds or economic resources, and the Sanctions
(a) the funds or economic resources in question are the
Committee has not objected within 5 working days of
subject of a judicial, administrative or arbitral lien estab
such a notification;
lished prior to the date on which the person, entity or
body referred to in Article 5 was included in Annex II
or III, or was referred to in Article 5(4), or of a judicial,
(c) the Member State concerned has notified the Sanctions
administrative or arbitral judgment rendered prior to
Committee that those funds or economic resources shall
that date;
not be made available to or for the benefit of any
person, entity or body listed in Annex II or III;
(b) the funds or economic resources in question will be
used exclusively to satisfy claims secured by such a
(d) the Member State concerned has consulted in advance
lien or recognised as valid in such a judgment, within
with the Libyan authorities about the use of such funds
the limits set by applicable laws and regulations
or economic resources; and
governing the rights of persons having such claims;
(e) the Member State concerned has shared with the Libyan
authorities the notifications submitted pursuant to
(c) the lien or judgment is not for the benefit of a person,
points (b) and (c) of this paragraph and the Libyan
entity or body listed in Annex II or III, or referred to in
authorities have not objected within 5 working days
Article 5(4);
to the release of such funds or economic resources.
(d) recognising the lien or judgment is not contrary to
2. By
way
of
derogation
from
Article
5(4)
and
provided
public policy in the Member State concerned;
that a payment is due under a contract or agreement that
was concluded by, or an obligation that arose for, the
(e) where the authorisation concerns a person, entity or
person, entity or body concerned, before the date on
body listed in Annex II or referred to in Article 5(4),
which that person, entity or body had been designated by
the Sanctions Committee has been notified by the
the UN Security Council or the Sanctions Committee, the
Member State of the lien or judgment; and
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
(f) where the authorisation concerns a person, entity or
frozen funds or economic resources, if the following
body listed in Annex III, the relevant Member State
conditions are met:

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L 253/10
EN
Official Journal of the European Union
29.9.2011
(a) the competent authority concerned has determined that
Article 2
the payment is neither in breach of Article 5(2) nor is it
to or for the benefit of persons, entities or bodies
Annex II to Regulation (EU) No 204/2011 is hereby amended
referred to in Article 5(4);
in accordance with the Annex to this Regulation.
Article 3
(b) the Sanctions Committee has been notified by the
relevant Member State of the intention to grant an auth
This Regulation shall enter into force on the day of its publi
orisation 10 working days in advance.’.
cation 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

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EN
29.9.2011 Official
Journal
of
the
European
Union L
253/11
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.

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