Council Decision 2013/45/CFSP of 22?January 2013 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32013D0045
OJ编号:OJ L 20, 23.1.2013, p. 60-64
中文标题:Council Decision 2013/45/CFSP of 22?January 2013 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
原文标题:Council Decision 2013/45/CFSP of 22 January 2013 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
分类:18_共同的对外政策和防务政策
文件类型:二级立法 Decision|决定
生效日期:2013-01-23
废止日期:2058-12-31
法规全文:查看欧盟官方文件
EN
Official Journal of the European Union
23.1.2013
COUNCIL DECISION 2013/45/CFSP
of 22 January 2013
amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya
THE COUNCIL OF THE EUROPEAN UNION,
competent authorities of a Member State may authorise the
release of certain frozen funds or economic resources
provided the following conditions are met:
Having regard to the Treaty on European Union, and in
particular Article 29 thereof,
(a) the funds or economic resources are subject of an
arbitral decision rendered prior to the date on which
Whereas:
the natural or legal person, entity or body referred to
in paragraph 1(b) was listed in the Annex IV or of a
judicial or administrative decision rendered in the
(1) On
28
February
2011,
the
Council
adopted
Decision
Union, or a judicial decision enforceable in the
2011/137/CFSP ( 1 ).
Member State concerned, prior to or after that date;
(2) With
regard
to
the
persons
listed
in
Annex
IV
to
(b) the funds or economic resources will be used exclusively
Decision 2011/137/CFSP, in order to facilitate the
to satisfy claims secured by such a decision or
return of misappropriated funds to the Libyan State,
recognised as valid in such a decision, within the
the derogations provided for in Decision 2011/137/CFSP
limits set by applicable laws and regulations governing
should be amended to permit the release of certain
the rights of persons having such claims;
frozen funds or economic resources where they are
required to satisfy a judicial or administrative decision
rendered in the Union, or a judicial decision enforceable
(c) the decision is not for the benefit of a natural or legal
in a Member State, prior to or after the date of desig
person, entity or body listed in Annexes II and IV; and
nation of the persons, entities and bodies concerned.
(d) recognising the decision is not contrary to public policy
(3) The
Council
considers
that
there
are
no
longer
grounds
in the Member State concerned.
for keeping one entity on the list set out in Annex IV to
Decision 2011/137/CFSP.
A Member State shall inform the other Member States and
the Commission of any authorisation granted under this
paragraph.";
(4) The
entry
for
one
person
should
be
removed
from
the
lists set out in Annexes II and IV to Decision
2011/137/CFSP and should be included in the lists set
(2) In Article 6(6), the following point is inserted:
out in Annexes I and III to that Decision.
"(c) payments due under judicial, administrative or arbitral
(5) The
information
relating
to
certain
individuals
listed
in
decisions rendered in the Union or enforceable in the
Annexes I, II, III and IV to Decision 2011/137/CFSP
Member State concerned, with regard to persons and
should be updated.
entities listed in Annex IV;";
(6) Annexes
I,
II,
III
and
IV
of
Decision
2011/137/CFSP (3) Annexes I, II, III and IV to Decision 2011/137/CFSP are
should therefore be amended accordingly,
amended as set out in the Annex to this Decision.
Article 2
HAS ADOPTED THIS DECISION:
This Decision shall enter into force on the date of its
publication in the Official Journal of the European Union.
Article 1
Decision 2011/137/CFSP is hereby amended as follows:
Done at Brussels, 22 January 2013.
(1) In Article 6, the following paragraph is inserted:
For the Council
"5b. With
regard
to
persons
and
entities
listed
in
Annex
The President
IV, and by way of derogation from paragraph 1(b), the
M. NOONAN
( 1 ) OJ L 58, 3.3.2011, p. 53.
EN
23.1.2013 Official
Journal
of
the
European
Union L
20/61
ANNEX
Annexes I, II, III and IV to Decision 2011/137/CFSP are amended as follows:
(1) In Annex I:
(a) entries 1, 4, 5, 7 to 15 and 18 are replaced by the following:
"1. AL-BAGHDADI, Dr Abdulqader Mohammed
Passport number: B010574. Date of birth: 1.7.1950.
Head of the Liaison Office of the Revolutionary Committees. Revolutionary Committees involved in violence
against demonstrators.
Believed status/location: jail in Tunisia.
Date of UN designation: 26.2.2011."
"4. JABIR, Major General Abu Bakr Yunis
Date of birth: 1952. Place of birth: Jalo, Libya.
Defence Minister. Overall responsibility for actions of armed forces.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
5. MATUQ, Matuq Mohammed
Date of birth: 1956. Place of birth: Khoms, Libya.
Secretary for Utilities. Senior member of regime. Involvement with Revolutionary Committees. Past history
of involvement in suppression of dissent and in violence.
Believed status/location: Unknown, believed captured.
Date of UN designation: 26.2.2011."
"7. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
8. QADHAFI, Hannibal Muammar
Passport number: B/002210. Date of birth: 20.9.1975. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
9. QADHAFI, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in
repression of demonstrations.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
10. QADHAFI, Mohammed Muammar
Date of birth: 1970. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
L 20/62
EN
Official Journal of the European Union
23.1.2013
11. QADHAFI, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of
demonstrations, human rights abuses.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
12. QADHAFI, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
13. QADHAFI, Saadi
Passport number: a) 014797. b) 524521. Date of birth: a) 27.5.1973. b) 01.01.1975. Place of birth: Tripoli,
Libya.
Commander Special Forces. Son of Muammar QADHAFI. Closeness of association with regime. Command
of military units involved in repression of demonstrations.
Believed status/location: Niger.
Date of UN designation: 26.2.2011.
14. QADHAFI, Saif al-Arab
Date of birth: 1982. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
15. QADHAFI, Saif al-Islam
Passport number: B014995. Date of birth: 25.6.1972. Place of birth: Tripoli, Libya.
Director, Qadhafi Foundation. Son of Muammar QADHAFI. Closeness of association with regime. Inflam
matory public statements encouraging violence against demonstrators.
Believed status/location: in custody in Libya.
Date of UN designation: 26.2.2011."
"18. AL KUNI, Colonel Amid Husain
Governor of Ghat (South Libya). Directly involved in recruiting mercenaries.
Believed status/location: South Libya.
Date of UN designation: 17.3.2011.";
(b) the following entry is added:
"19. AL-BARASSI, Safia Farkash
Date of birth: 1952. Place of birth: Al Bayda, Libya.
Married to Muammar QADHAFI since 1970. Significant personal wealth, which could be used for regime
purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intel
ligence.
Believed status/location: Algeria.
Date of UN designation: 24.6.2011."
(2) In Annex II, entry 7 (AL-BARASSI, Safia Farkash) is deleted.
EN
23.1.2013 Official
Journal
of
the
European
Union L
20/63
(3) In Annex III:
(a) entries 1 to 6 and 8 to 12 are replaced by the following:
"1. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
2. QADHAFI, Hannibal Muammar
Passport number: B/002210. Date of birth: 20.9.1975. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
3. QADHAFI, Khamis Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime. Command of military units involved in
repression of demonstrations.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
4. QADHAFI, Muammar Mohammed Abu Minyar
Date of birth: 1942. Place of birth: Sirte, Libya.
Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of
demonstrations, human rights abuses.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
5. QADHAFI, Mutassim
Date of birth: 1976. Place of birth: Tripoli, Libya.
National Security Adviser. Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
6. QADHAFI, Saif al-Islam
Passport number: B014995. Date of birth: 25.6.1972. Place of birth: Tripoli, Libya.
Director, Qadhafi Foundation. Son of Muammar QADHAFI. Closeness of association with regime. Inflam
matory public statements encouraging violence against demonstrators.
Believed status/location: in custody in Libya.
Date of UN designation: 26.2.2011."
"8. JABIR, Major General Abu Bakr Yunis
Date of birth: 1952. Place of birth: Jalo, Libya.
Defence Minister. Overall responsibility for actions of armed forces.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.
9. MATUQ, Matuq Mohammed
Date of birth: 1956. Place of birth: Khoms, Libya.
Secretary for Utilities. Senior member of regime. Involvement with Revolutionary Committees. Past history
of involvement in suppression of dissent and in violence.
L 20/64
EN
Official Journal of the European Union
23.1.2013
Believed status/location: Unknown, believed captured.
Date of UN designation: 26.2.2011.
10. QADHAFI, Mohammed Muammar
Date of birth: 1970. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: Algeria.
Date of UN designation: 26.2.2011.
11. QADHAFI, Saadi
Passport number: a) 014797. b) 524521. Date of birth: a) 27.5.1973. b) 01.01.1975. Place of birth: Tripoli,
Libya.
Commander Special Forces. Son of Muammar QADHAFI. Closeness of association with regime. Command
of military units involved in repression of demonstrations.
Believed status/location: Niger.
Date of UN designation: 26.2.2011.
12. QADHAFI, Saif al-Arab
Date of birth: 1982. Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime.
Believed status/location: deceased.
Date of UN designation: 26.2.2011.";
(b) the following entry is added:
"14. AL-BARASSI, Safia Farkash
Date of birth: 1952, Place of birth: Al Bayda, Libya.
Married to Muammar QADHAFI since 1970. Significant personal wealth, which could be used for regime
purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intel
ligence.
Believed status/location: Algeria.
Date of UN designation: 24.6.2011."
(4) In Annex IV:
(a) under "Persons", entries 6 and 26 are replaced by the following:
Name Identifying
information Reasons Date
of
listing
6. AL-BAGHDADI,
Dr Head of the Liaison Office of Revolutionary Committees 28.2.2011
Abdulqader
the Revolutionary
involved in violence against
Mohammed
Committees.
demonstrators.
Passport number: B010574.
Date of birth: 1.7.1950.
Believed status/location: jail
in Tunisia.
26. AL
KUNI,
Colonel Believed status/location:
Governor of Ghat (South
12.4.2011
Amid Husain
South Libya
Libya). Directly involved in
recruiting mercenaries.
(b) under "Persons", entry 10 (AL-BARASSI, Safia Farkash) is deleted;
(c) under "Entities", entry 50 (Organisation for Development of Administrative Centres (ODAC)) is deleted.
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