HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 80/2
EN
Official Journal of the European Union
26.3.2011
REGULATIONS
COUNCIL REGULATION (EU) No 296/2011
of 25 March 2011
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:
Having regard to the Treaty on the Functioning of the European
Article 1
Union, and in particular Article 215 thereof,
Regulation (EU) No 204/2011 is hereby amended as follows:
Having regard to Council Decision 2011/178/CFSP of 23 March
2011 amending Decision 2011/137/CFSP concerning restrictive
(1) Article 3 is replaced by the following:
measures in view of the situation in Libya ( 1 ),
Having regard to the joint proposal from the High Represen
‘Article 3
tative of the Union for Foreign Affairs and Security Policy and
1. It
shall
be
prohibited:
the Commission,
Whereas:
(a) to provide, directly or indirectly, technical assistance
related to the goods and technology listed in the
Common Military List of the European Union (*)
(Common Military List) or related to the provision,
(1)
Decision 2011/178/CFSP provides, inter alia, for further
manufacture, maintenance and use of goods included
restrictive measures in relation to Libya, including a
in that list, to any person, entity or body in Libya or
prohibition on flights in Libyan airspace, a prohibtion
for use in Libya;
on Libyan aircraft in the airspace of the Union, and
further provisions in relation to the measures introduced
in Council Decision 2011/137/CFSP of 28 February
2011 concerning restrictive measures in view of the
(b) to provide, directly or indirectly, technical assistance or
situation in Libya ( 2 ), including a provision to ensure
brokering services related to equipment which might be
that these measures do not affect humanitarian
used for internal repression as listed in Annex I, to any
operations in Libya.
person, entity or body in Libya or for use in Libya;
(2) Some
of
those
measures
fall
within
the
scope
of
the
(c) to provide, directly or indirectly, financing or financial
Treaty on the Functioning of the European Union and
assistance related to the goods and technology listed in
regulatory action at the level of the Union is therefore
the Common Military List or in Annex I, including in
necessary in order to implement them, in particular with
particular grants, loans and export credit insurance, for
a view to ensuring their uniform application by
any sale, supply, transfer or export of such items, or for
economic operators in all Member States.
any provision of related technical assistance to any
person, entity or body in Libya or for use in Libya;
(3) Council
Regulation
(EU)
No
204/2011
( 3 ) should be
amended accordingly.
(d) to provide, directly or indirectly, technical assistance,
financing or financial assistance, brokering services or
transport services related to the provision of armed
(4) In
order
to
ensure
that
the
measures
provided
for
in
this
mercenary personnel in Libya or for use in Libya;
Regulation are effective, this Regulation must enter into
force on the day of its publication,
(e) to participate, knowingly and intentionally, in activities
( 1 ) OJ L 78, 24.3.2011, p. 24.
( 2 ) OJ L 58, 3.3.2011, p. 53.
the object or effect of which is to circumvent the
( 3 ) OJ L 58, 3.3.2011, p. 1.
prohibitions referred to in points (a) to (d).

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EN
26.3.2011 Official
Journal
of
the
European
Union
L
80/3
2. By
way
of
derogation
from
paragraph
1,
the
except where the particular flight has been approved in
prohibitions refered to therein shall not apply to the
advance by the Sanctions Committee, or in the case of an
provision of technical assistance, financing and financial
emergency landing.
assistance related to non-lethal military equipment
intended solely for humanitarian purposes or protective
use, or to other sales and supply of arms and related
2. It
shall
be
prohibited
to
participate,
knowingly
and
material, as approved in advance by the Sanctions
intentionally, in activities the object or effect of which is
Committee.
to circumvent the prohibtion in paragraph 1.
3. By
way
of
derogation
from
paragraph
1,
the
competent authorities in the Member States, as listed in
Article 4b
Annex IV, may authorise the provision of technical
assistance, financing and financial assistance related to
1. It
shall
be
prohibited
for
any
aircraft
or
air
carrier
in
equipment which might be used for internal repression,
the Union, or owned or operated by citizens of the Union
under such conditions as they deem appropriate, if they
or by entities incorporated or constituted under the law of a
determine that such equipment is intended solely for
Member State, to:
humanitarian or protective use.
(a) fly over the territory of Libya;
4. By
way
of
derogation
from
paragraph
1,
the
competent authorities in the Member States, as listed in
Annex IV, may authorise the provision to persons, entities
(b) make stops in the territory of Libya for any purpose; or
or bodies in Libya of technical assistance, financing and
financial assistance related to the goods and technology
listed in the Common Military List, or related to
equipment which might be used for internal repression,
(c) operate any air service to or from Libya.
where the competent authority considers that such au-
thorisation is necessary in order to protect civilians who,
and civilian-populated areas in Libya which, are under threat
2. Paragraph
1
shall
not
apply
to
flights:
of attack, provided that, in the case of the provision of
assistance related to goods or technology listed in the
Common Military List, the Member State concerned has
(i) the sole purpose of which is humanitarian, such as
given prior notification to the Secretary-General of the
delivering or facilitating the delivery of assistance,
United Nations.
including medical supplies, food, humanitarian
workers and related assistance;
5. Paragraph
1
shall
not
apply
to
protective
clothing,
including flak jackets and helmets, temporarily exported
to Libya by United Nations personnel, personnel of the
(ii) for evacuations from Libya;
Union or its Member States, representatives of the media
and humanitarian and development workers and associated
personnel for their personal use only.
(iii) authorised by paragraph 4 or 8 of UNSCR 1973
(2011); or
___________
(*) OJ C 69, 18.3.2010, p. 19.’;
(iv) which are deemed by Member States, acting under the
authorisation conferred in paragraph 8 of UNSCR 1973
(2011), to be necessary for the benefit of the Libyan
people.
(2) the following Articles are inserted:
‘Article 4a
3. It
shall
be
prohibited
to
participate,
knowingly
and
intentionally, in activities the object or effect of which is
1. It shall be prohibited for any aircraft or air carrier
to circumvent the prohibition in paragraph 1.’;
registered in Libya, or owned or operated by Libyan
nationals or entities, to:
(3) in Article 6, paragraphs 1 and 2 are replaced by the
following:
(a) fly over the territory of the Union;
(b) make stops in the territory of the Union for any
‘1. Annex
II
shall
include
the
natural
or
legal
persons,
purpose; or
entities and bodies designated by the United Nations
Security Council or by the Sanctions Committee in
accordance with paragraph 22 of UNSCR 1970 (2011) or
(c) operate any air service to or from the Union,
paragraphs 19, 22 or 23 of UNSCR 1973 (2011).

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L 80/4
EN
Official Journal of the European Union
26.3.2011
2. Annex
III
shall
consist
of
natural
or
legal
persons,
certain funds or economic resources to persons, entities
entities and bodies, not covered by Annex II, who, in
or bodies listed in Annex III, under such conditions as
accordance with point (b) of Article 6(1) of Decision
they deem appropriate, where they consider it necessary
2011/137/CFSP have been identified by the Council as
for humanitarian purposes, such as delivering or facilitating
being persons and entities involved in or complicit in
the delivery of assistance, including medical supplies, food,
ordering, controlling, or otherwise directing, the
the provision of electricity, humanitarian workers and
commission of serious human rights abuses against
related assistance, or evacuations from Libya. The Member
persons in Libya, including by being involved in or
State concerned shall inform the other Member States and
complicit in planning, commanding, ordering or conducting
the Commission of authorisations granted under this
attacks, in violation of international law, including aerial
Article.’;
bombardments, on civilian populations and facilities, or as
being persons, entities or bodies that are Libyan authorities,
or as being persons, entities or bodies that have violated or
(6) Article 12 is replaced by the following:
have assisted in violating the provisions of UNSCR 1970
(2011) or UNSCR 1973 (2011) or of this Regulation, or as
being persons, entities or bodies acting for or on behalf or
‘Article 12
at the direction of any of the above, or entities or bodies
No claims, including for compensation or any other claim
owned or controlled by them or by persons, entities or
of this kind, such as a claim of set-off or a claim under a
bodies listed in Annex II.’;
guarantee, in connection with any contract or transaction
the performance of which was affected, directly or
(4) the following Article is inserted:
indirectly, wholly or in part, by reason of measures
decided upon pursuant to UNSCR 1970 (2011) or
UNSCR 1973 (2011), including measures of the Union or
‘Article 6a
any Member State in accordance with, as required by, or in
With regard to persons, entities and bodies not designated
any connection with, the implementation of the relevant
in Annexes II or III, in which a person, entity or body
decisions of the United Nations Security Council, or
designated in those Annexes has a stake, the obligation to
measures covered by this Regulation, shall be granted to
freeze the funds and economic resources of the designated
the Libyan authorities, or any person, entity or body
person, entity or body shall not prevent such non-
claiming on their behalf or for their benefit.
designated persons, entities or bodies from continuing to
conduct legitimate business in so far as this business does
No liability shall arise on the part of natural or legal
not involve making available any funds or economic
persons, entities or bodies in respect of actions performed
resources to a designated person, entity or body.’;
by them in good faith in implementation of the obligations
laid down in this Regulation.’;
(5) the following Article is inserted:
(7) in point (a) of Article 13(1), the reference to Article 4 is
‘Article 8a
replaced by a reference to Article 5.
By way of derogation from Article 5, the competent
authorities in the Member States, as listed in Annex IV,
Article 2
may authorise the release of certain frozen funds or
economic resourses belonging to persons, entities or
This Regulation shall enter into force on the day of its
bodies listed in Annex III, or the making available of
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, 25 March 2011.
For the Council
The President
MARTONYI J.

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