理事会条例(EU) No 204/2011,关于对利比亚形势的限制性措施
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R0204
OJ编号:OJ L 58, 3.3.2011, p. 1-13
中文标题:理事会条例(EU) No 204/2011,关于对利比亚形势的限制性措施
原文标题:Council Regulation (EU) No 204/2011 of 2 March 2011 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 Regulation|条例
生效日期:2011-03-03
废止日期:2058-12-31
法规全文:查看欧盟官方文件
HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" EN
3.3.2011 Official
Journal
of
the
European
Union L
58/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 204/2011
of 2 March 2011
concerning restrictive measures in view of the situation in Libya
THE COUNCIL OF THE EUROPEAN UNION,
trial and the right to the protection of personal data. This
Regulation should be applied in accordance with those
rights.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(4) This
Regulation
also
fully
respects
the
obligations
of
Member States under the Charter of the United Nations
Having regard to Council Decision 2011/137/CFSP of
and the legally-binding nature of United Nations Security
28 February 2011 concerning restrictive measures in view of
Council Resolutions.
the situation in Libya, ( 1 ) adopted in accordance with Chapter 2
of Title V of the Treaty on European Union,
(5) The
power
to
amend
the
lists
in
Annexes
II
and
III
to
this Regulation should be exercised by the Council, in
Having regard to the joint proposal from the High Represen
view of the specific threat to international peace and
tative of the Union for Foreign Affairs and Security Policy and
security posed by Libya, and to ensure consistency with
the Commission,
the process for amending and reviewing Annexes III and
IV to Decision 2011/137/CFSP.
Whereas:
(6) The
procedure
for
amending
the
lists
in
Annexes
II
and
III to this Regulation should include providing designated
natural or legal persons, entities or bodies with the
(1) In
accordance
with
UN
Council
Security
Resolution
1970
grounds for listing, so as to give them an opportunity
(2011) of 26 February 2011, Decision 2011/137/CFSP
to submit observations. Where observations are
provides for an arms embargo, a ban on internal
submitted, or substantial new evidence is presented, the
repression equipment, as well as restrictions on the
Council should review its decision in light of those obser
admission and the freezing of funds and economic
vations and inform the person, entity or body concerned
resources of certain persons and entities involved in
accordingly.
serious human rights abuses against persons in Libya,
including by being involved in attacks, in violation of
international law, on civilian populations and facilities.
(7) For
the
implementation
of
this
Regulation,
and
in
order
Those natural or legal persons and entities are listed in
to create maximum legal certainty within the Union, the
the Annexes to the Decision.
names and other relevant data concerning natural and
legal persons, entities and bodies whose funds and
economic resources must be frozen in accordance with
(2) Some
of
those
measures
fall
within
the
scope
of
the
this Regulation, must be made public. Any processing of
Treaty on the Functioning of the European Union and
personal data should comply with Regulation (EC)
regulatory action at the level of the Union is therefore
No 45/2001 of the European Parliament and of the
necessary in order to implement them, in particular with
Council of 18 December 2000 on the protection of
a view to ensuring their uniform application by
individuals with regard to the processing of personal
economic operators in all Member States.
data by the Community institutions and bodies and on
the free movement of such data ( 2 ) and Directive
95/46/EC of the European Parliament and of the
(3) This
Regulation
respects
the
fundamental
rights
and
Council of 24 October 1995 on the protection of indi
observes the principles recognised in particular by the
viduals with regard to the processing of personal data
Charter of Fundamental Rights of the European Union
and on the free movement of such data ( 3 ).
and notably the right to an effective remedy and to a fair
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) See page 53 of this Official Journal.
( 3 ) OJ L 281, 23.11.1995, p. 31.
L 58/2
EN
Official Journal of the European Union
3.3.2011
(8) In
order
to
ensure
that
the
measures
provided
for
in
this (f) ‘Sanctions Committee’ means the Committee of the United
Regulation are effective, it should enter into force on the
Nations Security Council which was established pursuant to
day of its publication,
paragraph 24 of United Nations Security Council Resolution
(‘UNSCR’) 1970 (2011);
HAS ADOPTED THIS REGULATION:
(g) ‘territory of the Union’ means the territories of the Member
Article 1
States to which the Treaty is applicable, under the
conditions laid down in the Treaty, including their airspace.
For the purposes of this Regulation, the following definitions
shall apply:
Article 2
(a) ‘funds’ means financial assets and benefits of every kind,
1. It
shall
be
prohibited:
including but not limited to:
(a) to sell, supply, transfer or export, directly or indirectly,
(i) cash, cheques, claims on money, drafts, money orders
equipment which might be used for internal repression as
and other payment instruments;
listed in Annex I, whether or not originating in the Union,
to any person, entity or body in Libya or for use in Libya;
(ii) deposits with financial institutions or other entities,
balances on accounts, debts and debt obligations;
(b) to participate, knowingly and intentionally, in activities the
object or effect of which is to circumvent the prohibitions
referred to in point (a).
(iii) publicly- and privately-traded securities and debt
instruments, including stocks and shares, certificates
representing securities, bonds, notes, warrants,
2. It
shall
be
prohibited
to
purchase,
import
or
transport
debentures and derivatives contracts;
from Libya equipment which might be used for internal
repression as listed in Annex I, whether or not the item
(iv) interest, dividends or other income on or value
concerned originates in Libya.
accruing from or generated by assets;
3. Paragraph
1
shall
not
apply
to
protective
clothing,
(v) credit, right of set-off, guarantees, performance bonds
including flak jackets and helmets, temporarily exported to
or other financial commitments;
Libya by United Nations personnel, personnel of the European
Union or its Member States, representatives of the media and
humanitarian and development workers and associated
(vi) letters of credit, bills of lading, bills of sale;
personnel for their personal use only.
(vii) documents evidencing an interest in funds or financial
4. By
way
of
derogation
from
paragraph
1,
the
competent
resources;
authorities in the Member States as listed in Annex IV may
authorise the sale, supply, transfer or export of equipment
(b) ‘freezing of funds’ means preventing any move, transfer,
which might be used for internal repression, under such
alteration, use of, access to, or dealing with funds in any
conditions as they deem appropriate, if they determine that
way that would result in any change in their volume,
such equipment is intended solely for humanitarian or
amount, location, ownership, possession, character, desti
protective use.
nation or other change that would enable the funds to be
used, including portfolio management;
Article 3
(c) ‘economic resources’ means assets of every kind, whether
1. It
shall
be
prohibited:
tangible or intangible, movable or immovable, which are
not funds but may be used to obtain funds, goods or
(a) to provide, directly or indirectly, technical assistance related
services;
to the goods and technology listed in the Common Military
List of the European Union ( 1 ) (Common Military List) or
(d) ‘freezing of economic resources’ means preventing their use
related to the provision, manufacture, maintenance and use
to obtain funds, goods or services in any way, including, but
of goods included in that list, to any person, entity or body
not limited to, by selling, hiring or mortgaging them;
in Libya or for use in Libya;
(e) ‘technical assistance’ means any technical support related to
(b) to provide, directly or indirectly, technical assistance or
repairs, development, manufacture, assembly, testing, main
brokering services related to equipment which might be
tenance, or any other technical service, and may take forms
used for internal repression as listed in Annex I, to any
such as instruction, advice, training, the transmission of
person, entity or body in Libya or for use in Libya;
working knowledge or skills or consulting services,
including verbal forms of assistance;
( 1 ) OJ C 69, 18.3.2010, p. 19.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/3
(c) to provide, directly or indirectly, financing or financial
Article 5
assistance related to the goods and technology listed in
the Common Military List or in Annex I, including in
1. All funds and economic resources belonging to, owned,
particular grants, loans and export credit insurance, for
held or controlled by the natural or legal persons, entities and
any sale, supply, transfer or export of such items, or for
bodies listed in Annexes II and III shall be frozen.
any provision of related technical assistance to any person,
entity or body in Libya or for use in Libya;
2. No
funds
or
economic
resources
shall
be
made
available,
directly or indirectly, to or for the benefit of the natural or legal
persons, entities or bodies listed in Annexes II and III.
(d) to participate, knowingly and intentionally, in activities the
object or effect of which is to circumvent the prohibitions
referred to in points (a) to (c).
3. The participation, knowingly and intentionally, in
activities the object or effect of which is, directly or indirectly,
to circumvent the measures referred to in paragraphs 1 and 2
shall be prohibited.
2. By way of derogation from paragraph 1, the prohibitions
refered to therein shall not apply to the provision of technical
assistance, financing and financial assistance related to non-
lethal military equipment intended solely for humanitarian
Article 6
purposes or protective use, or to other sales and supply of
arms and related material, as approved in advance by the
1. Annex
II
shall
include
the
natural
or
legal
persons,
entities
Sanctions Committee.
and bodies designated by the United Nations Security Council
or by the Sanctions Committee in accordance with paragraph
22 of UNSCR 1970 (2011).
3. By
way
of
derogation
from
paragraph
1,
the
competent
authorities in the Member States, as listed in Annex IV, may
2. Annex
III
shall
consist
of
natural
or
legal
persons,
entities
authorise the provision of technical assistance, financing and
and bodies not covered by Annex II who, in accordance with
financial assistance related to equipment which might be used
Article 6(1) of Decision 2011/137/CFSP, have been identified by
for internal repression, under such conditions as they deem
the Council as being persons and entities involved in or
appropriate, if they determine that such equipment is
complicit in ordering, controlling, or otherwise directing, the
intended solely for humanitarian or protective use.
commission of serious human rights abuses against persons in
Libya, including by being involved in or complicit in planning,
commanding, ordering or conducting attacks, in violation of
international law, including aerial bombardments, on civilian
populations and facilities, or individuals or entities acting on
their behalf or at their direction, or entities owned or controlled
Article 4
by them.
To prevent the transfer of goods and technology which are
covered by the Common Military List or the supply, sale,
transfer, export or import of which is prohibited by this Regu
lation, for all goods brought into or leaving the customs
3. Annexes II and III shall include the grounds for the listing
territory of the Union from or to Libya, in addition to the
of listed persons, entities and bodies, as provided by the
rules governing the obligation to provide pre-arrival and pre-
Security Council, or by the Sanctions Committee for Annex II.
departure information as determined in the relevant provisions
concerning entry and exit summary declarations as well as
customs declarations in Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code ( 1 ), and in Regulation (EEC) No 2454/93 laying down
4. Annexes
II
and
III
shall
also
include,
where
available,
provisions for the implementation thereof ( 2 ), the person who
information necessary to identify the natural or legal persons,
provides that information shall declare whether the goods are
entities and bodies concerned, as provided by the Security
covered by the Common Military List or by this Regulation and,
Council, or by the Sanctions Committee for Annex II. With
where their export is subject to authorisation, specify the
regard to natural persons, such information may include
particulars of the export licence granted. These additional
names including aliases, date and place of birth, nationality,
elements shall be submitted to the competent customs
passport and ID card numbers, gender, address, if known, and
authorities of the Member State concerned either in written
function or profession. With regard to legal persons, entities
form or using a customs declaration, as appropriate.
and bodies, such information may include names, place and
date of registration, registration number and place of business.
( 1 ) OJ L 302, 19.10.1992, p. 1.
Annex II shall also include the date of designation by the
( 2 ) OJ L 253, 11.10.1993, p. 1.
Security Council or by the Sanctions Committee.
L 58/4
EN
Official Journal of the European Union
3.3.2011
Article 7
release of certain frozen funds or economic resources, if the
following conditions are met:
1. By
way
of
derogation
from
Article
5,
the
competent
authorities in the Member States, as identified on the websites
listed in Annex IV, may authorise the release of certain frozen
funds or economic resources, or the making available of certain
(a) the funds or economic resources in question are the subject
funds or economic resources, under such conditions as they
of a judicial, administrative or arbitral lien established prior
deem appropriate, after having determined that the funds or
to the date on which the person, entity or body referred to
economic resources are:
in Article 5 was included in Annex II or III, or of a judicial,
administrative or arbitral judgment rendered prior to that
date;
(a) necessary to satisfy the basic needs of persons listed in
Annex II or III, and their dependent family members,
(b) the funds or economic resources in question will be used
including payments for foodstuffs, rent or mortgage,
exclusively to satisfy claims secured by such a lien or
medicines and medical treatment, taxes, insurance
recognised as valid in such a judgment, within the limits
premiums, and public utility charges;
set by applicable laws and regulations governing the rights
of persons having such claims;
(b) intended exclusively for the payment of reasonable profes
sional fees or the reimbursement of incurred expenses
(c) the lien or judgment is not for the benefit of a person,
associated with the provision of legal services;
entity or body listed in Annex II or III;
(c) intended exclusively for the payment of fees or service
(d) recognising the lien or judgment is not contrary to public
charges for routine holding or maintenance of frozen
policy in the Member State concerned;
funds or economic resources;
(e) where the authorisation concerns a person, entity or body
provided that, where the the authorisation concerns a person,
listed in Annex II, the Sanctions Committee has been
entity or body listed in Annex II, the Member State concerned
notified by the Member State of the lien or judgment, and
has notified the Sanctions Committee of that determination and
its intention to grant an authorisation, and the Sanctions
Committee has not objected to that course of action within
(f) where the authorisation concerns a person, entity or body
five working days of notification.
listed in Annex III, the relevant Member State has informed
the other Member States and the Commission of any auth
orisation granted.
2. By
way
of
derogation
from
Article
5,
the
competent
authorities of the Member States, as indicated on the websites
listed in Annex IV, may authorise the release of certain frozen
Article 9
funds or economic resources, or the making available of certain
frozen funds or economic resources, after having determined
1. Article
5(2)
shall
not
apply
to
the
addition
to
frozen
that the frozen funds or economic resources are. necessary
accounts of:
for extraordinary expenses provided that the following
conditions are met:
(a) interest or other earnings on those accounts; or
(a) where the authorisation concerns a person, entity or body
listed in Annex II, the Sanctions Committee has been
(b) payments due under contracts, agreements or obligations
notified of that determination by the Member State
that were concluded or arose before the date on which
concerned and the determination has been approved by
the natural or legal person, entity or body referred to in
that Committee; and
Article 5 has been designated by the Sanctions Committee,
the Security Council or by the Council,
(b) where the authorisation concerns a person, entity or body
listed in Annex III, the competent authority has notified the
provided that any such interest, other earnings and payments
grounds on which it considers that a specific authorisation
are frozen in accordance with Article 5(1).
should be granted to the other competent authorities of the
Member States and to the Commission at least two weeks
before the authorisation.
2. Article 5(2) shall not prevent financial or credit insti
tutions in the Union from crediting frozen accounts where
they receive funds transferred to the account of a listed
Article 8
natural or legal person, entity or body, provided that any
additions to such accounts will also be frozen. The financial
By way of derogation from Article 5, the competent authorities
or credit institution shall inform the relevant competent
in the Member States, as listed in Annex IV, may authorise the
authority about any such transaction without delay.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/5
Article 10
Member State in accordance with, as required by or in any
connection with, the implementation of the relevant decisions
By way of derogation from Article 5, and provided that a
of the Security Council or measures covered by this Regulation,
payment by a person, entity or body listed in Annex II or III
shall be granted to the Government of Libya, or any person or
is due under a contract or agreement that was concluded by, or
entity claiming through it or for its benefit.
an obligation that arose for the person, entity or body
concerned, before the date on which that person, entity or
body had been designated, the competent authorities of the
Member States, as indicated on the websites listed in Annex
Article 13
IV, may authorise, under such conditions as they deem appro
1. Without
prejudice
to
the
applicable
rules
concerning
priate, the release of certain frozen funds or economic
reporting, confidentiality and professional secrecy, natural and
resources, if the following conditions are met:
legal persons, entities and bodies shall:
(a) the competent authority concerned has determined that:
(a) supply immediately any information which would facilitate
compliance with this Regulation, such as accounts and
amounts frozen in accordance with Article 4, to the
(i) the funds or economic resources shall be used for a
competent authority in the Member State where they are
payment by a person, entity or body listed in Annex
resident or located, as indicated on the websites listed in
II or III;
Annex IV, and shall transmit such information, either
directly or through the Member States, to the Commission;
and
(ii) the payment is not in breach of Article 5(2);
(b) cooperate with that competent authority in any verification
(b) where the authorisation concerns a person, entity or body
of this information.
listed in Annex II, the Sanctions Committee has been
notified by the relevant Member State of the intention to
grant an authorisation ten working days in advance;
2. Any
information
provided
or
received
in
accordance
with
this Article shall be used only for the purposes for which it was
provided or received.
(c) where the authorisation concerns a person, entity or body
listed in Annex III, the Member State concerned has, at least
two weeks prior to the grant of the authorisation, notified
Article 14
the other Member States and the Commission of that deter
Member States and the Commission shall immediately inform
mination and its intention to grant an authorisation.
each other of the measures taken under this Regulation and
shall supply each other with any other relevant information at
their disposal in connection with this Regulation, in particular
Article 11
information in respect of violation and enforcement problems
and judgments handed down by national courts.
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 in accordance
Article 15
with this Regulation, shall not give rise to liability of any kind
on the part of the natural or legal person or entity or body
The Commission shall be empowered to amend Annex IV on
implementing it, or its directors or employees, unless it is
the basis of information supplied by Member States.
proved that the funds and economic resources were frozen or
withheld as a result of negligence.
Article 16
2. The prohibition set out in Article 5(2) shall not give rise
1. Where
the
Security
Council
or
the
Sanctions
Committee
to any liability of any kind on the part of the natural and legal
lists a natural or legal person, entity or body, the Council shall
persons, entities and bodies who made funds or economic
include such natural or legal person, entity or body in Annex II.
resources available if they did not know, and had no reasonable
cause to suspect, that their actions would infringe the
prohibition in question.
2. Where
the
Council
decides
to
subject
a
natural
or
legal
person, entity or body to the measures referred to in
Article 5(1), it shall amend Annex III accordingly.
Article 12
No claims, including for compensation or any other claim of
3. The
Council
shall
communicate
its
decision,
including
the
this kind, such as a claim of set-off or a claim under a
grounds for listing, to the natural or legal person, entity or body
guarantee, in connection with any contract or transaction the
referred to in paragraphs 1 and 2, either directly, if the address
performance of which was affected, directly or indirectly, wholly
is known, or through the publication of a notice, providing
or in part, by reason of measures decided upon pursuant to
such natural or legal person, entity or body with an opportunity
UNSCR 1970 (2011), including measures of the Union or any
to present observations.
L 58/6
EN
Official Journal of the European Union
3.3.2011
4. Where
observations
are
submitted,
or
where
substantial address and other contact details to be used for such communi
new evidence is presented, the Council shall review its
cation shall be those indicated in Annex IV.
decision and inform the natural or legal person, entity or
body accordingly.
Article 19
5. Where
the
United
Nations
decides
to
delist
a
natural
or This Regulation shall apply:
legal person, entity or body, or to amend the identifying data of
a listed natural or legal person, entity or body, the Council shall
amend Annex II accordingly.
(a) within the territory of the Union, including its airspace;
6. The
list
in
Annex
III
shall
be
reviewed
in
regular
intervals (b) on board any aircraft or any vessel under the jurisdiction of
and at least every 12 months.
a Member State;
Article 17
(c) to any person inside or outside the territory of the Union
1. Member
States
shall
lay
down
the
rules
on
penalties
who is a national of a Member State;
applicable to infringements of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective,
(d) to any legal person, entity or body which is incorporated or
proportionate and dissuasive.
constituted under the law of a Member State;
2. Member
States
shall
notify
the
Commission
of
those
rules
without delay after the entry into force of this Regulation and
(e) to any legal person, entity or body in respect of any
shall notify it of any subsequent amendment.
business done in whole or in part within the Union.
Article 18
Article 20
Where there is, in this Regulation, a requirement to notify,
This Regulation shall enter into force on the day of its publi
inform or otherwise communicate with the Commission, the
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, 2 March 2011.
For the Council
The President
MARTONYI J.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/7
ANNEX I
List of equipment which might be used for internal repression as referred to in Articles 2, 3 and 4
1. Firearms, ammunition and related accessories therefor, as follows:
1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 1 ) (Common
Military List);
1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;
1.3 Weapon-sights not controlled by the Common Military List.
2. Bombs and grenades not controlled by the Common Military List.
3. Vehicles as follows:
3.1 Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;
3.2 Vehicles specially designed or modified to be electrified to repel borders;
3.3 Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic
protection;
3.4 Vehicles specially designed for the transport or transfer of prisoners and/or detainees;
3.5 Vehicles specially designed to deploy mobile barriers;
3.6 Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.
Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting.
Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.
4. Explosive substances and related equipment as follows:
4.1 Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including
firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except
those specially designed for a specific commercial use consisting of the actuation or operation by explosive
means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag
inflaters, electric-surge arresters of fire sprinkler actuators);
4.2 Linear cutting explosive charges not controlled by the Common Military List;
4.3 Other explosives not controlled by the Common Military List and related substances as follows:
(a) amatol;
(b) nitrocellulose (containing more than 12,5 % nitrogen);
(c) nitroglycol;
(d) pentaerythritol tetranitrate (PETN);
(e) picryl chloride;
(f) 2,4,6-trinitrotoluene (TNT).
( 1 ) OJ C 69, 18.3.2010, p. 19.
L 58/8
EN
Official Journal of the European Union
3.3.2011
5. Protective equipment not controlled by ML 13 of the Common Military List as follows:
5.1 Body armour providing ballistic and/or stabbing protection;
5.2 Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic
shields.
Note: This item does not control:
— equipment specially designed for sports activities;
— equipment specially designed for safety of work requirements.
6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms,
and specially designed software therefor.
7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common
Military List.
8. Razor barbed wire.
9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
10. Production equipment specially designed for the items specified in this list.
11. Specific technology for the development, production or use of the items specified in this list.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/9
ANNEX II
List of natural and legal persons, entities or bodies referred to in Article 6(1)
1. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar QADHAFI. Closeness of association with regime.
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.
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.
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 demon
strations, human rights abuses.
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.
Date of UN designation: 26.2.2011.
6. QADHAFI, Saif al-Islam
Director, Qadhafi Foundation. Passport number: B014995. Date of birth: 25.6.1972.
Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging
violence against demonstrators.
Date of UN designation: 26.2.2011.
L 58/10
EN
Official Journal of the European Union
3.3.2011
ANNEX III
List of natural and legal persons, entities or bodies referred to in Article 6(2)
Name Identifying
information Reasons Date
of
listing
1. ABDULHAFIZ,
Position: Armed Forces
3rd in command of Armed Forces. 28.2.2011
Colonel Mas'ud
Commander
Significant role in Military Intelligence.
2. ABDUSSALAM,
Position: Head Counter-
Prominent Revolutionary Committee 28.2.2011
Abdussalam
Terrorism, External Security member. Close associate of Muammar
Mohammed
Organisation
QADHAFI.
Date of Birth: 1952
Place of Birth: Tripoli, Libya
3. ABU
SHAARIYA Position:
Deputy
Head, Prominent member of regime. Brother-
28.2.2011
External Security
in-law of Muammar QADHAFI.
Organisation
4. ASHKAL,
Al-Barrani Position:
Deputy
Director, Senior member of regime. 28.2.2011
Military Intelligence
5. ASHKAL,
Omar Position:
Head,
Revolutionary Committees involved in
28.2.2011
Revolutionary Committees
violence against demonstrators.
Movement
Place of Birth: Sirte, Libya
6. AL-BAGHDADI,
Dr
Position: Head of the Liaison Revolutionary Committees involved in
28.2.2011
Abdulqader Mohammed Office of the Revolutionary violence against demonstrators.
Committees
Passsport No: B010574
Date of Birth: 01/07/1950
7. DIBRI,
Abdulqader
Position: Head of Muammar Responsibility for regime security. 28.2.2011
Yusef
QADHAFI's personal
History of directing violence against
security
dissidents.
Date of Birth: 1946
Place of Birth: Houn, Libya
8. DORDA,
Abu
Zayd
Position: Director, External
Regime loyalist. Head of external intel
28.2.2011
Umar
Security Organisation
ligence agency.
9. JABIR,
Major
General Position: Defence Minister
Overall responsibility for actions of 28.2.2011
Abu Bakr Yunis
Date of Birth: 1952
armed forces.
Place of Birth: Jalo, Libya
10. MATUQ,
Matuq
Position: Secretary for
Senior member of regime. Involvement
28.2.2011
Mohammed
Utilities
with Revolutionay Committees. Past
Date of Birth: 1956
history of involvement in suppression
Place of Birth: Khoms
of dissent and violence.
11. QADHAF
AL-DAM,
Date of Birth: 1952
Cousin of Muammar QADHAFI. Since
28.2.2011
Ahmed Mohammed
Place of Birth: Egypt
1995, he is believed to have had
command of an elite army battalion in
charge of Qadhafi's personal security
and to have a key role in External
Security Organisation. He has been
involved in planning operations
against Libyan dissidents abroad and
was directly involved in terrorist
activity.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/11
Name Identifying
information Reasons Date
of
listing
12. QADHAF
AL-DAM,
Date of Birth: 1948
Cousin of Muammar QADHAFI. In the
28.2.2011
Sayyid Mohammed
Place of Birth: Sirte, Libya
1980s, Sayyid was involved in the
dissident assassination campaign and
allegedly responsible for several deaths
in Europe. He is also thought to have
been involved in arms procurement.
13. QADHAFI,
Mohammed Position: Chairman of Libya's Son of Muammar QADHAFI. Closeness
28.2.2011
Muammar
General Post and
of association with regime.
Telecommunications
Company
Date of Birth: 1970
Place of Birth: Tripoli, Libya
14. QADHAFI,
Saadi Position:
Commander Son of Muammar QADHAFI. Closeness
28.2.2011
Special Forces
of association with regime. Command
Passport No. 014797
of military units involved in repression
Date of Birth: 25/05/1973
of demonstrations.
Place of Birth: Tripoli, Libya
15. QADHAFI,
Saif
al-Arab Date of Birth: 1982
Son of Muammar QADHAFI. Closeness
28.2.2011
Place of Birth: Tripoli, Libya of association with regime.
16. AL-SENUSSI,
Colonel Position: Director Military
Military Intelligence involvement in 28.2.2011
Abdullah (Al-Megrahi)
Intelligence
suppression of demonstrations. Past
Date of Birth: 1949
history includes suspicion of
Place of Birth: Sudan
involvement in Abu Selim prison
massacre. Convicted in absentia for
bomboing of UTA flight. Brother -in-
law of Muammar QADHAFI.
17. AL-BARASSI,
Safia
Date of birth: 1952
Wife of Muammar QADHAFI.
28.2.2011
Farkash
Place of birth: Al Bayda,
Closeness of association with regime.
Libya
18. SALEH,
Bachir
Date of birth: 1946
Head of Cabinet of the Leader.
28.2.2011
Place of birth: Traghen
Closeness of association with regime.
19. General
TOHAMI,
Date of birth: 1946
Director of Internal Security Office.
28.2.2011
Khaled
Place of birth: Genzur
Closeness of association with regime.
20. FARKASH,
Mohammed Date of birth: 1 July 1949
Director of intelligence in External 28.2.2011
Boucharaya
Place of birth: Al-Bayda
Security Office.
Closeness of association with regime.
L 58/12
EN
Official Journal of the European Union
3.3.2011
ANNEX IV
List of competent authorities in the Member States referred to in Articles 7(1), 8(1), 10 and 13(1) and address
for notifications to the European Commission
A. Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.government.bg
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.minbuza.nl/sancties
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/13
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
B. Address for notifications to or other communication with the European Commission:
European Commission
Foreign Policy Instruments Service
CHAR 12/106
B-1049 Bruxelles/Brussel
Belgium
E-mail: relex-sanctions@ec.europa.eu
Tel.: (32 2) 295 55 85
Fax: (32 2) 299 08 73
3.3.2011 Official
Journal
of
the
European
Union L
58/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 204/2011
of 2 March 2011
concerning restrictive measures in view of the situation in Libya
THE COUNCIL OF THE EUROPEAN UNION,
trial and the right to the protection of personal data. This
Regulation should be applied in accordance with those
rights.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
(4) This
Regulation
also
fully
respects
the
obligations
of
Member States under the Charter of the United Nations
Having regard to Council Decision 2011/137/CFSP of
and the legally-binding nature of United Nations Security
28 February 2011 concerning restrictive measures in view of
Council Resolutions.
the situation in Libya, ( 1 ) adopted in accordance with Chapter 2
of Title V of the Treaty on European Union,
(5) The
power
to
amend
the
lists
in
Annexes
II
and
III
to
this Regulation should be exercised by the Council, in
Having regard to the joint proposal from the High Represen
view of the specific threat to international peace and
tative of the Union for Foreign Affairs and Security Policy and
security posed by Libya, and to ensure consistency with
the Commission,
the process for amending and reviewing Annexes III and
IV to Decision 2011/137/CFSP.
Whereas:
(6) The
procedure
for
amending
the
lists
in
Annexes
II
and
III to this Regulation should include providing designated
natural or legal persons, entities or bodies with the
(1) In
accordance
with
UN
Council
Security
Resolution
1970
grounds for listing, so as to give them an opportunity
(2011) of 26 February 2011, Decision 2011/137/CFSP
to submit observations. Where observations are
provides for an arms embargo, a ban on internal
submitted, or substantial new evidence is presented, the
repression equipment, as well as restrictions on the
Council should review its decision in light of those obser
admission and the freezing of funds and economic
vations and inform the person, entity or body concerned
resources of certain persons and entities involved in
accordingly.
serious human rights abuses against persons in Libya,
including by being involved in attacks, in violation of
international law, on civilian populations and facilities.
(7) For
the
implementation
of
this
Regulation,
and
in
order
Those natural or legal persons and entities are listed in
to create maximum legal certainty within the Union, the
the Annexes to the Decision.
names and other relevant data concerning natural and
legal persons, entities and bodies whose funds and
economic resources must be frozen in accordance with
(2) Some
of
those
measures
fall
within
the
scope
of
the
this Regulation, must be made public. Any processing of
Treaty on the Functioning of the European Union and
personal data should comply with Regulation (EC)
regulatory action at the level of the Union is therefore
No 45/2001 of the European Parliament and of the
necessary in order to implement them, in particular with
Council of 18 December 2000 on the protection of
a view to ensuring their uniform application by
individuals with regard to the processing of personal
economic operators in all Member States.
data by the Community institutions and bodies and on
the free movement of such data ( 2 ) and Directive
95/46/EC of the European Parliament and of the
(3) This
Regulation
respects
the
fundamental
rights
and
Council of 24 October 1995 on the protection of indi
observes the principles recognised in particular by the
viduals with regard to the processing of personal data
Charter of Fundamental Rights of the European Union
and on the free movement of such data ( 3 ).
and notably the right to an effective remedy and to a fair
( 2 ) OJ L 8, 12.1.2001, p. 1.
( 1 ) See page 53 of this Official Journal.
( 3 ) OJ L 281, 23.11.1995, p. 31.
L 58/2
EN
Official Journal of the European Union
3.3.2011
(8) In
order
to
ensure
that
the
measures
provided
for
in
this (f) ‘Sanctions Committee’ means the Committee of the United
Regulation are effective, it should enter into force on the
Nations Security Council which was established pursuant to
day of its publication,
paragraph 24 of United Nations Security Council Resolution
(‘UNSCR’) 1970 (2011);
HAS ADOPTED THIS REGULATION:
(g) ‘territory of the Union’ means the territories of the Member
Article 1
States to which the Treaty is applicable, under the
conditions laid down in the Treaty, including their airspace.
For the purposes of this Regulation, the following definitions
shall apply:
Article 2
(a) ‘funds’ means financial assets and benefits of every kind,
1. It
shall
be
prohibited:
including but not limited to:
(a) to sell, supply, transfer or export, directly or indirectly,
(i) cash, cheques, claims on money, drafts, money orders
equipment which might be used for internal repression as
and other payment instruments;
listed in Annex I, whether or not originating in the Union,
to any person, entity or body in Libya or for use in Libya;
(ii) deposits with financial institutions or other entities,
balances on accounts, debts and debt obligations;
(b) to participate, knowingly and intentionally, in activities the
object or effect of which is to circumvent the prohibitions
referred to in point (a).
(iii) publicly- and privately-traded securities and debt
instruments, including stocks and shares, certificates
representing securities, bonds, notes, warrants,
2. It
shall
be
prohibited
to
purchase,
import
or
transport
debentures and derivatives contracts;
from Libya equipment which might be used for internal
repression as listed in Annex I, whether or not the item
(iv) interest, dividends or other income on or value
concerned originates in Libya.
accruing from or generated by assets;
3. Paragraph
1
shall
not
apply
to
protective
clothing,
(v) credit, right of set-off, guarantees, performance bonds
including flak jackets and helmets, temporarily exported to
or other financial commitments;
Libya by United Nations personnel, personnel of the European
Union or its Member States, representatives of the media and
humanitarian and development workers and associated
(vi) letters of credit, bills of lading, bills of sale;
personnel for their personal use only.
(vii) documents evidencing an interest in funds or financial
4. By
way
of
derogation
from
paragraph
1,
the
competent
resources;
authorities in the Member States as listed in Annex IV may
authorise the sale, supply, transfer or export of equipment
(b) ‘freezing of funds’ means preventing any move, transfer,
which might be used for internal repression, under such
alteration, use of, access to, or dealing with funds in any
conditions as they deem appropriate, if they determine that
way that would result in any change in their volume,
such equipment is intended solely for humanitarian or
amount, location, ownership, possession, character, desti
protective use.
nation or other change that would enable the funds to be
used, including portfolio management;
Article 3
(c) ‘economic resources’ means assets of every kind, whether
1. It
shall
be
prohibited:
tangible or intangible, movable or immovable, which are
not funds but may be used to obtain funds, goods or
(a) to provide, directly or indirectly, technical assistance related
services;
to the goods and technology listed in the Common Military
List of the European Union ( 1 ) (Common Military List) or
(d) ‘freezing of economic resources’ means preventing their use
related to the provision, manufacture, maintenance and use
to obtain funds, goods or services in any way, including, but
of goods included in that list, to any person, entity or body
not limited to, by selling, hiring or mortgaging them;
in Libya or for use in Libya;
(e) ‘technical assistance’ means any technical support related to
(b) to provide, directly or indirectly, technical assistance or
repairs, development, manufacture, assembly, testing, main
brokering services related to equipment which might be
tenance, or any other technical service, and may take forms
used for internal repression as listed in Annex I, to any
such as instruction, advice, training, the transmission of
person, entity or body in Libya or for use in Libya;
working knowledge or skills or consulting services,
including verbal forms of assistance;
( 1 ) OJ C 69, 18.3.2010, p. 19.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/3
(c) to provide, directly or indirectly, financing or financial
Article 5
assistance related to the goods and technology listed in
the Common Military List or in Annex I, including in
1. All funds and economic resources belonging to, owned,
particular grants, loans and export credit insurance, for
held or controlled by the natural or legal persons, entities and
any sale, supply, transfer or export of such items, or for
bodies listed in Annexes II and III shall be frozen.
any provision of related technical assistance to any person,
entity or body in Libya or for use in Libya;
2. No
funds
or
economic
resources
shall
be
made
available,
directly or indirectly, to or for the benefit of the natural or legal
persons, entities or bodies listed in Annexes II and III.
(d) to participate, knowingly and intentionally, in activities the
object or effect of which is to circumvent the prohibitions
referred to in points (a) to (c).
3. The participation, knowingly and intentionally, in
activities the object or effect of which is, directly or indirectly,
to circumvent the measures referred to in paragraphs 1 and 2
shall be prohibited.
2. By way of derogation from paragraph 1, the prohibitions
refered to therein shall not apply to the provision of technical
assistance, financing and financial assistance related to non-
lethal military equipment intended solely for humanitarian
Article 6
purposes or protective use, or to other sales and supply of
arms and related material, as approved in advance by the
1. Annex
II
shall
include
the
natural
or
legal
persons,
entities
Sanctions Committee.
and bodies designated by the United Nations Security Council
or by the Sanctions Committee in accordance with paragraph
22 of UNSCR 1970 (2011).
3. By
way
of
derogation
from
paragraph
1,
the
competent
authorities in the Member States, as listed in Annex IV, may
2. Annex
III
shall
consist
of
natural
or
legal
persons,
entities
authorise the provision of technical assistance, financing and
and bodies not covered by Annex II who, in accordance with
financial assistance related to equipment which might be used
Article 6(1) of Decision 2011/137/CFSP, have been identified by
for internal repression, under such conditions as they deem
the Council as being persons and entities involved in or
appropriate, if they determine that such equipment is
complicit in ordering, controlling, or otherwise directing, the
intended solely for humanitarian or protective use.
commission of serious human rights abuses against persons in
Libya, including by being involved in or complicit in planning,
commanding, ordering or conducting attacks, in violation of
international law, including aerial bombardments, on civilian
populations and facilities, or individuals or entities acting on
their behalf or at their direction, or entities owned or controlled
Article 4
by them.
To prevent the transfer of goods and technology which are
covered by the Common Military List or the supply, sale,
transfer, export or import of which is prohibited by this Regu
lation, for all goods brought into or leaving the customs
3. Annexes II and III shall include the grounds for the listing
territory of the Union from or to Libya, in addition to the
of listed persons, entities and bodies, as provided by the
rules governing the obligation to provide pre-arrival and pre-
Security Council, or by the Sanctions Committee for Annex II.
departure information as determined in the relevant provisions
concerning entry and exit summary declarations as well as
customs declarations in Regulation (EEC) No 2913/92 of
12 October 1992 establishing the Community Customs
Code ( 1 ), and in Regulation (EEC) No 2454/93 laying down
4. Annexes
II
and
III
shall
also
include,
where
available,
provisions for the implementation thereof ( 2 ), the person who
information necessary to identify the natural or legal persons,
provides that information shall declare whether the goods are
entities and bodies concerned, as provided by the Security
covered by the Common Military List or by this Regulation and,
Council, or by the Sanctions Committee for Annex II. With
where their export is subject to authorisation, specify the
regard to natural persons, such information may include
particulars of the export licence granted. These additional
names including aliases, date and place of birth, nationality,
elements shall be submitted to the competent customs
passport and ID card numbers, gender, address, if known, and
authorities of the Member State concerned either in written
function or profession. With regard to legal persons, entities
form or using a customs declaration, as appropriate.
and bodies, such information may include names, place and
date of registration, registration number and place of business.
( 1 ) OJ L 302, 19.10.1992, p. 1.
Annex II shall also include the date of designation by the
( 2 ) OJ L 253, 11.10.1993, p. 1.
Security Council or by the Sanctions Committee.
L 58/4
EN
Official Journal of the European Union
3.3.2011
Article 7
release of certain frozen funds or economic resources, if the
following conditions are met:
1. By
way
of
derogation
from
Article
5,
the
competent
authorities in the Member States, as identified on the websites
listed in Annex IV, may authorise the release of certain frozen
funds or economic resources, or the making available of certain
(a) the funds or economic resources in question are the subject
funds or economic resources, under such conditions as they
of a judicial, administrative or arbitral lien established prior
deem appropriate, after having determined that the funds or
to the date on which the person, entity or body referred to
economic resources are:
in Article 5 was included in Annex II or III, or of a judicial,
administrative or arbitral judgment rendered prior to that
date;
(a) necessary to satisfy the basic needs of persons listed in
Annex II or III, and their dependent family members,
(b) the funds or economic resources in question will be used
including payments for foodstuffs, rent or mortgage,
exclusively to satisfy claims secured by such a lien or
medicines and medical treatment, taxes, insurance
recognised as valid in such a judgment, within the limits
premiums, and public utility charges;
set by applicable laws and regulations governing the rights
of persons having such claims;
(b) intended exclusively for the payment of reasonable profes
sional fees or the reimbursement of incurred expenses
(c) the lien or judgment is not for the benefit of a person,
associated with the provision of legal services;
entity or body listed in Annex II or III;
(c) intended exclusively for the payment of fees or service
(d) recognising the lien or judgment is not contrary to public
charges for routine holding or maintenance of frozen
policy in the Member State concerned;
funds or economic resources;
(e) where the authorisation concerns a person, entity or body
provided that, where the the authorisation concerns a person,
listed in Annex II, the Sanctions Committee has been
entity or body listed in Annex II, the Member State concerned
notified by the Member State of the lien or judgment, and
has notified the Sanctions Committee of that determination and
its intention to grant an authorisation, and the Sanctions
Committee has not objected to that course of action within
(f) where the authorisation concerns a person, entity or body
five working days of notification.
listed in Annex III, the relevant Member State has informed
the other Member States and the Commission of any auth
orisation granted.
2. By
way
of
derogation
from
Article
5,
the
competent
authorities of the Member States, as indicated on the websites
listed in Annex IV, may authorise the release of certain frozen
Article 9
funds or economic resources, or the making available of certain
frozen funds or economic resources, after having determined
1. Article
5(2)
shall
not
apply
to
the
addition
to
frozen
that the frozen funds or economic resources are. necessary
accounts of:
for extraordinary expenses provided that the following
conditions are met:
(a) interest or other earnings on those accounts; or
(a) where the authorisation concerns a person, entity or body
listed in Annex II, the Sanctions Committee has been
(b) payments due under contracts, agreements or obligations
notified of that determination by the Member State
that were concluded or arose before the date on which
concerned and the determination has been approved by
the natural or legal person, entity or body referred to in
that Committee; and
Article 5 has been designated by the Sanctions Committee,
the Security Council or by the Council,
(b) where the authorisation concerns a person, entity or body
listed in Annex III, the competent authority has notified the
provided that any such interest, other earnings and payments
grounds on which it considers that a specific authorisation
are frozen in accordance with Article 5(1).
should be granted to the other competent authorities of the
Member States and to the Commission at least two weeks
before the authorisation.
2. Article 5(2) shall not prevent financial or credit insti
tutions in the Union from crediting frozen accounts where
they receive funds transferred to the account of a listed
Article 8
natural or legal person, entity or body, provided that any
additions to such accounts will also be frozen. The financial
By way of derogation from Article 5, the competent authorities
or credit institution shall inform the relevant competent
in the Member States, as listed in Annex IV, may authorise the
authority about any such transaction without delay.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/5
Article 10
Member State in accordance with, as required by or in any
connection with, the implementation of the relevant decisions
By way of derogation from Article 5, and provided that a
of the Security Council or measures covered by this Regulation,
payment by a person, entity or body listed in Annex II or III
shall be granted to the Government of Libya, or any person or
is due under a contract or agreement that was concluded by, or
entity claiming through it or for its benefit.
an obligation that arose for the person, entity or body
concerned, before the date on which that person, entity or
body had been designated, the competent authorities of the
Member States, as indicated on the websites listed in Annex
Article 13
IV, may authorise, under such conditions as they deem appro
1. Without
prejudice
to
the
applicable
rules
concerning
priate, the release of certain frozen funds or economic
reporting, confidentiality and professional secrecy, natural and
resources, if the following conditions are met:
legal persons, entities and bodies shall:
(a) the competent authority concerned has determined that:
(a) supply immediately any information which would facilitate
compliance with this Regulation, such as accounts and
amounts frozen in accordance with Article 4, to the
(i) the funds or economic resources shall be used for a
competent authority in the Member State where they are
payment by a person, entity or body listed in Annex
resident or located, as indicated on the websites listed in
II or III;
Annex IV, and shall transmit such information, either
directly or through the Member States, to the Commission;
and
(ii) the payment is not in breach of Article 5(2);
(b) cooperate with that competent authority in any verification
(b) where the authorisation concerns a person, entity or body
of this information.
listed in Annex II, the Sanctions Committee has been
notified by the relevant Member State of the intention to
grant an authorisation ten working days in advance;
2. Any
information
provided
or
received
in
accordance
with
this Article shall be used only for the purposes for which it was
provided or received.
(c) where the authorisation concerns a person, entity or body
listed in Annex III, the Member State concerned has, at least
two weeks prior to the grant of the authorisation, notified
Article 14
the other Member States and the Commission of that deter
Member States and the Commission shall immediately inform
mination and its intention to grant an authorisation.
each other of the measures taken under this Regulation and
shall supply each other with any other relevant information at
their disposal in connection with this Regulation, in particular
Article 11
information in respect of violation and enforcement problems
and judgments handed down by national courts.
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 in accordance
Article 15
with this Regulation, shall not give rise to liability of any kind
on the part of the natural or legal person or entity or body
The Commission shall be empowered to amend Annex IV on
implementing it, or its directors or employees, unless it is
the basis of information supplied by Member States.
proved that the funds and economic resources were frozen or
withheld as a result of negligence.
Article 16
2. The prohibition set out in Article 5(2) shall not give rise
1. Where
the
Security
Council
or
the
Sanctions
Committee
to any liability of any kind on the part of the natural and legal
lists a natural or legal person, entity or body, the Council shall
persons, entities and bodies who made funds or economic
include such natural or legal person, entity or body in Annex II.
resources available if they did not know, and had no reasonable
cause to suspect, that their actions would infringe the
prohibition in question.
2. Where
the
Council
decides
to
subject
a
natural
or
legal
person, entity or body to the measures referred to in
Article 5(1), it shall amend Annex III accordingly.
Article 12
No claims, including for compensation or any other claim of
3. The
Council
shall
communicate
its
decision,
including
the
this kind, such as a claim of set-off or a claim under a
grounds for listing, to the natural or legal person, entity or body
guarantee, in connection with any contract or transaction the
referred to in paragraphs 1 and 2, either directly, if the address
performance of which was affected, directly or indirectly, wholly
is known, or through the publication of a notice, providing
or in part, by reason of measures decided upon pursuant to
such natural or legal person, entity or body with an opportunity
UNSCR 1970 (2011), including measures of the Union or any
to present observations.
L 58/6
EN
Official Journal of the European Union
3.3.2011
4. Where
observations
are
submitted,
or
where
substantial address and other contact details to be used for such communi
new evidence is presented, the Council shall review its
cation shall be those indicated in Annex IV.
decision and inform the natural or legal person, entity or
body accordingly.
Article 19
5. Where
the
United
Nations
decides
to
delist
a
natural
or This Regulation shall apply:
legal person, entity or body, or to amend the identifying data of
a listed natural or legal person, entity or body, the Council shall
amend Annex II accordingly.
(a) within the territory of the Union, including its airspace;
6. The
list
in
Annex
III
shall
be
reviewed
in
regular
intervals (b) on board any aircraft or any vessel under the jurisdiction of
and at least every 12 months.
a Member State;
Article 17
(c) to any person inside or outside the territory of the Union
1. Member
States
shall
lay
down
the
rules
on
penalties
who is a national of a Member State;
applicable to infringements of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective,
(d) to any legal person, entity or body which is incorporated or
proportionate and dissuasive.
constituted under the law of a Member State;
2. Member
States
shall
notify
the
Commission
of
those
rules
without delay after the entry into force of this Regulation and
(e) to any legal person, entity or body in respect of any
shall notify it of any subsequent amendment.
business done in whole or in part within the Union.
Article 18
Article 20
Where there is, in this Regulation, a requirement to notify,
This Regulation shall enter into force on the day of its publi
inform or otherwise communicate with the Commission, the
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, 2 March 2011.
For the Council
The President
MARTONYI J.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/7
ANNEX I
List of equipment which might be used for internal repression as referred to in Articles 2, 3 and 4
1. Firearms, ammunition and related accessories therefor, as follows:
1.1 Firearms not controlled by ML 1 and ML 2 of the Common Military List of the European Union ( 1 ) (Common
Military List);
1.2 Ammunition specially designed for the firearms listed in item 1.1 and specially designed components therefor;
1.3 Weapon-sights not controlled by the Common Military List.
2. Bombs and grenades not controlled by the Common Military List.
3. Vehicles as follows:
3.1 Vehicles equipped with a water cannon, specially designed or modified for the purpose of riot control;
3.2 Vehicles specially designed or modified to be electrified to repel borders;
3.3 Vehicles specially designed or modified to remove barricades, including construction equipment with ballistic
protection;
3.4 Vehicles specially designed for the transport or transfer of prisoners and/or detainees;
3.5 Vehicles specially designed to deploy mobile barriers;
3.6 Components for the vehicles specified in items 3.1 to 3.5 specially designed for the purposes of riot control.
Note 1: This item does not control vehicles specially designed for the purposes of fire-fighting.
Note 2: For the purposes of item 3.5 the term ‘vehicles’ includes trailers.
4. Explosive substances and related equipment as follows:
4.1 Equipment and devices specially designed to initiate explosions by electrical or non-electrical means, including
firing sets, detonators, igniters, boosters and detonating cord, and specially designed components therefor; except
those specially designed for a specific commercial use consisting of the actuation or operation by explosive
means of other equipment or devices the function of which is not the creation of explosions (e.g., car air-bag
inflaters, electric-surge arresters of fire sprinkler actuators);
4.2 Linear cutting explosive charges not controlled by the Common Military List;
4.3 Other explosives not controlled by the Common Military List and related substances as follows:
(a) amatol;
(b) nitrocellulose (containing more than 12,5 % nitrogen);
(c) nitroglycol;
(d) pentaerythritol tetranitrate (PETN);
(e) picryl chloride;
(f) 2,4,6-trinitrotoluene (TNT).
( 1 ) OJ C 69, 18.3.2010, p. 19.
L 58/8
EN
Official Journal of the European Union
3.3.2011
5. Protective equipment not controlled by ML 13 of the Common Military List as follows:
5.1 Body armour providing ballistic and/or stabbing protection;
5.2 Helmets providing ballistic and/or fragmentation protection, anti-riot helmets, antiriot shields and ballistic
shields.
Note: This item does not control:
— equipment specially designed for sports activities;
— equipment specially designed for safety of work requirements.
6. Simulators, other than those controlled by ML 14 of the Common Military List, for training in the use of firearms,
and specially designed software therefor.
7. Night vision, thermal imaging equipment and image intensifier tubes, other than those controlled by the Common
Military List.
8. Razor barbed wire.
9. Military knives, combat knives and bayonets with blade lengths in excess of 10 cm.
10. Production equipment specially designed for the items specified in this list.
11. Specific technology for the development, production or use of the items specified in this list.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/9
ANNEX II
List of natural and legal persons, entities or bodies referred to in Article 6(1)
1. QADHAFI, Aisha Muammar
Date of birth: 1978. Place of birth: Tripoli, Libya.
Daughter of Muammar QADHAFI. Closeness of association with regime.
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.
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.
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 demon
strations, human rights abuses.
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.
Date of UN designation: 26.2.2011.
6. QADHAFI, Saif al-Islam
Director, Qadhafi Foundation. Passport number: B014995. Date of birth: 25.6.1972.
Place of birth: Tripoli, Libya.
Son of Muammar QADHAFI. Closeness of association with regime. Inflammatory public statements encouraging
violence against demonstrators.
Date of UN designation: 26.2.2011.
L 58/10
EN
Official Journal of the European Union
3.3.2011
ANNEX III
List of natural and legal persons, entities or bodies referred to in Article 6(2)
Name Identifying
information Reasons Date
of
listing
1. ABDULHAFIZ,
Position: Armed Forces
3rd in command of Armed Forces. 28.2.2011
Colonel Mas'ud
Commander
Significant role in Military Intelligence.
2. ABDUSSALAM,
Position: Head Counter-
Prominent Revolutionary Committee 28.2.2011
Abdussalam
Terrorism, External Security member. Close associate of Muammar
Mohammed
Organisation
QADHAFI.
Date of Birth: 1952
Place of Birth: Tripoli, Libya
3. ABU
SHAARIYA Position:
Deputy
Head, Prominent member of regime. Brother-
28.2.2011
External Security
in-law of Muammar QADHAFI.
Organisation
4. ASHKAL,
Al-Barrani Position:
Deputy
Director, Senior member of regime. 28.2.2011
Military Intelligence
5. ASHKAL,
Omar Position:
Head,
Revolutionary Committees involved in
28.2.2011
Revolutionary Committees
violence against demonstrators.
Movement
Place of Birth: Sirte, Libya
6. AL-BAGHDADI,
Dr
Position: Head of the Liaison Revolutionary Committees involved in
28.2.2011
Abdulqader Mohammed Office of the Revolutionary violence against demonstrators.
Committees
Passsport No: B010574
Date of Birth: 01/07/1950
7. DIBRI,
Abdulqader
Position: Head of Muammar Responsibility for regime security. 28.2.2011
Yusef
QADHAFI's personal
History of directing violence against
security
dissidents.
Date of Birth: 1946
Place of Birth: Houn, Libya
8. DORDA,
Abu
Zayd
Position: Director, External
Regime loyalist. Head of external intel
28.2.2011
Umar
Security Organisation
ligence agency.
9. JABIR,
Major
General Position: Defence Minister
Overall responsibility for actions of 28.2.2011
Abu Bakr Yunis
Date of Birth: 1952
armed forces.
Place of Birth: Jalo, Libya
10. MATUQ,
Matuq
Position: Secretary for
Senior member of regime. Involvement
28.2.2011
Mohammed
Utilities
with Revolutionay Committees. Past
Date of Birth: 1956
history of involvement in suppression
Place of Birth: Khoms
of dissent and violence.
11. QADHAF
AL-DAM,
Date of Birth: 1952
Cousin of Muammar QADHAFI. Since
28.2.2011
Ahmed Mohammed
Place of Birth: Egypt
1995, he is believed to have had
command of an elite army battalion in
charge of Qadhafi's personal security
and to have a key role in External
Security Organisation. He has been
involved in planning operations
against Libyan dissidents abroad and
was directly involved in terrorist
activity.
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/11
Name Identifying
information Reasons Date
of
listing
12. QADHAF
AL-DAM,
Date of Birth: 1948
Cousin of Muammar QADHAFI. In the
28.2.2011
Sayyid Mohammed
Place of Birth: Sirte, Libya
1980s, Sayyid was involved in the
dissident assassination campaign and
allegedly responsible for several deaths
in Europe. He is also thought to have
been involved in arms procurement.
13. QADHAFI,
Mohammed Position: Chairman of Libya's Son of Muammar QADHAFI. Closeness
28.2.2011
Muammar
General Post and
of association with regime.
Telecommunications
Company
Date of Birth: 1970
Place of Birth: Tripoli, Libya
14. QADHAFI,
Saadi Position:
Commander Son of Muammar QADHAFI. Closeness
28.2.2011
Special Forces
of association with regime. Command
Passport No. 014797
of military units involved in repression
Date of Birth: 25/05/1973
of demonstrations.
Place of Birth: Tripoli, Libya
15. QADHAFI,
Saif
al-Arab Date of Birth: 1982
Son of Muammar QADHAFI. Closeness
28.2.2011
Place of Birth: Tripoli, Libya of association with regime.
16. AL-SENUSSI,
Colonel Position: Director Military
Military Intelligence involvement in 28.2.2011
Abdullah (Al-Megrahi)
Intelligence
suppression of demonstrations. Past
Date of Birth: 1949
history includes suspicion of
Place of Birth: Sudan
involvement in Abu Selim prison
massacre. Convicted in absentia for
bomboing of UTA flight. Brother -in-
law of Muammar QADHAFI.
17. AL-BARASSI,
Safia
Date of birth: 1952
Wife of Muammar QADHAFI.
28.2.2011
Farkash
Place of birth: Al Bayda,
Closeness of association with regime.
Libya
18. SALEH,
Bachir
Date of birth: 1946
Head of Cabinet of the Leader.
28.2.2011
Place of birth: Traghen
Closeness of association with regime.
19. General
TOHAMI,
Date of birth: 1946
Director of Internal Security Office.
28.2.2011
Khaled
Place of birth: Genzur
Closeness of association with regime.
20. FARKASH,
Mohammed Date of birth: 1 July 1949
Director of intelligence in External 28.2.2011
Boucharaya
Place of birth: Al-Bayda
Security Office.
Closeness of association with regime.
L 58/12
EN
Official Journal of the European Union
3.3.2011
ANNEX IV
List of competent authorities in the Member States referred to in Articles 7(1), 8(1), 10 and 13(1) and address
for notifications to the European Commission
A. Competent authorities in each Member State:
BELGIUM
http://www.diplomatie.be/eusanctions
BULGARIA
http://www.mfa.government.bg
CZECH REPUBLIC
http://www.mfcr.cz/mezinarodnisankce
DENMARK
http://www.um.dk/da/menu/Udenrigspolitik/FredSikkerhedOgInternationalRetsorden/Sanktioner/
GERMANY
http://www.bmwi.de/BMWi/Navigation/Aussenwirtschaft/Aussenwirtschaftsrecht/embargos.html
ESTONIA
http://www.vm.ee/est/kat_622/
IRELAND
http://www.dfa.ie/home/index.aspx?id=28519
GREECE
http://www.mfa.gr/www.mfa.gr/en-US/Policy/Multilateral+Diplomacy/Global+Issues/International+Sanctions/
SPAIN
http://www.maec.es/es/MenuPpal/Asuntos/Sanciones%20Internacionales/Paginas/Sanciones_%20Internacionales.aspx
FRANCE
http://www.diplomatie.gouv.fr/autorites-sanctions/
ITALY
http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS
http://www.mfa.gov.cy/sanctions
LATVIA
http://www.mfa.gov.lv/en/security/4539
LITHUANIA
http://www.urm.lt
LUXEMBOURG
http://www.mae.lu/sanctions
HUNGARY
http://www.kulugyminiszterium.hu/kum/hu/bal/Kulpolitikank/nemzetkozi_szankciok/
MALTA
http://www.doi.gov.mt/EN/bodies/boards/sanctions_monitoring.asp
NETHERLANDS
http://www.minbuza.nl/sancties
EN
3.3.2011 Official
Journal
of
the
European
Union L
58/13
AUSTRIA
http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND
http://www.msz.gov.pl
PORTUGAL
http://www.min-nestrangeiros.pt
ROMANIA
http://www.mae.ro/node/1548
SLOVENIA
http://www.mzz.gov.si/si/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA
http://www.foreign.gov.sk
FINLAND
http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN
http://www.ud.se/sanktioner
UNITED KINGDOM
www.fco.gov.uk/competentauthorities
B. Address for notifications to or other communication with the European Commission:
European Commission
Foreign Policy Instruments Service
CHAR 12/106
B-1049 Bruxelles/Brussel
Belgium
E-mail: relex-sanctions@ec.europa.eu
Tel.: (32 2) 295 55 85
Fax: (32 2) 299 08 73
附件:
托管标准,您可以接收以下服务:
1 标准定期系统查新,若有最新版本,会以站内短信或邮件的形式通知用户;
2 随时在标准托管页面中查看到该条标准的最新状态;
3 若用户有在学习和科研中的需要,可以在标准托管页面中试阅标准;
4 企业如果需要上新产品,我院及时提供标准查询、采购等方面的支持;
5 为企业在标准制修订、企业良好行为创建以及标准化试点过程中遇到的困难,可联系我院指定相关专家负责进行指导帮助、提供政策咨询;
6 为企业提供标准化政策的解读、标准化知识的推广培训、标准自我公开声明、标准文献的免费查询、企业标准化体系建设等方面的标准化服务;
标准资讯点击排行榜 全部
资讯标题点击
[[ n.title ]] [[ n.read ]]大连标准化公共服务平台
版权:大连标准化研究院有限公司
地址:大连市中山区高原街56号
电话:0411-82740851