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21.1.2014 Official
Journal
of
the
European
Union
L
16/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 45/2014
of 20 January 2014
amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in
Libya
THE COUNCIL OF THE EUROPEAN UNION,
HAS ADOPTED THIS REGULATION:
Article 1
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
Regulation (EU) No 204/2011 is amended as follows:
(1) Article 11 is replaced by the following:
Having regard to Council Decision 2011/137/CFSP of
28 February 2011 concerning restrictive measures in view of
the situation in Libya (
‘Article 11

1 ),
1. The
freezing
of
funds
and
economic
resources
or
the
refusal to make funds or economic resources available,
carried out in good faith on the basis that such action is
Having regard to the joint proposal of the High Representative
in accordance with this Regulation, shall not give rise to
of the Union for Foreign Affairs and Security Policy and of the
liability of any kind on the part of the natural or legal
European Commission,
person, entity or body implementing it, or its directors or
employees, unless it is proved that the funds and economic
resources were frozen or withheld as a result of negligence.
Whereas:
2. Actions by natural or legal persons, entities or bodies
shall not give rise to liability of any kind on their part, if
they did not know, and had no reasonable cause to suspect,
(1) Council
Regulation
(EU)
No
204/2011
( 2 ) gives effect to
that their actions would infringe the measures set out in this
the measures provided for in Decision 2011/137/CFSP.
Regulation.’;
(2) Article 12 is replaced by the following:
(2) It
is
necessary
to
amend
the
non-liability
clause
and
the
no claims clause provided for in Regulation (EU) No
204/2011 in line with the wording of the Guidelines
‘Article 12
on implementation and evaluation of restrictive
measures (sanctions) in the framework of the EU
1. No
claims
in
connection
with
any
contract
or
trans
Common Foreign and Security Policy adopted by the
action the performance of which has been affected, directly
Council on 15 June 2012.
or indirectly, in whole or in part, by the measures imposed
under this Regulation, including claims for indemnity or
any other claim of that type, such as a claim for compen
sation or a claim under a guarantee, in particular a claim for
(3) Regulation
(EU)
No
204/2011
should
therefore
be
extension or payment of a bond, guarantee or indemnity,
amended accordingly,
particularly a financial guarantee or financial indemnity, of
whatever form, shall be satisfied, if they are made by:
( 1 ) OJ L 58, 3.3.2011, p. 53.
( 2 ) Council Regulation (EU) No 204/2011 of 2 March 2011 concerning
restrictive measures in view of the situation in Libya (OJ L 58,
(a) designated persons, entities or bodies listed in Annex II
3.3.2011, p. 1).
or III;

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L 16/2
EN
Official Journal of the European Union
21.1.2014
(b) any other Libyan person, entity or body, including the
3. This Article is without prejudice to the right of the
Libyan government;
persons, entities and bodies referred to in paragraph 1 to
judicial review of the legality of the non-performance of
(c) any person, entity or body acting through or on behalf
contractual obligations in accordance with this Regulation.’.
of one of the persons, entities or bodies referred to in
points (a) or (b).
2.
In any proceedings for the enforcement of a claim, the
Article 2
onus of proving that satisfying the claim is not prohibited
by paragraph 1 shall be on the person seeking the
This Regulation shall enter into force on the day following that
enforcement of that claim.
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, 20 January 2014.
For the Council
The President
C. ASHTON

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Document Outline

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