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28.5.2013 Official
Journal
of
the
European
Union L
141/1
II
(Non-legislative acts)
REGULATIONS
COUNCIL REGULATION (EU) No 488/2013
of 27 May 2013
amending Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in
Libya
THE COUNCIL OF THE EUROPEAN UNION,
(5) Regulation
(EU)
No
204/2011
should
therefore
be
amended accordingly,
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 215 thereof,
HAS ADOPTED THIS REGULATION:
Having regard to Council Decision 2011/137/CFSP of
28 February 2011 concerning restrictive measures in view of
the situation in Libya (
Article 1

1 ),
Regulation (EU) No 204/2011 is amended as follows:
Having regard to the joint proposal from the High Represen
tative of the Union for Foreign Affairs and Security Policy and
the European Commission,
(1) Article 3 is replaced by the following:
Whereas:
"Article 3
(1) Council
Regulation
(EU)
No
204/2011
of
2
March
2011
1. It
shall
be
prohibited:
concerning restrictive measures in view of the situation
in Libya ( 2 ) gives effect to the measures provided for in
Decision 2011/137/CFSP.
(a) to provide, directly or indirectly, technical assistance
related to the goods and technology listed in the
(2) Council
Decision
2013/45/CFSP
of
22
January
2013
( 3 )
Common Military List of the European Union (*)
amends Decision 2011/137/CFSP in order to permit the
(Common Military List) or related to the provision,
release of certain frozen funds or economic resources
manufacture, maintenance and use of goods included
where they are required to respond to a judicial or
in that list, to any person, entity or body in Libya or
administrative decision delivered in the Union, or a
for use in Libya;
judicial decision enforceable in a Member State.
(3) Council
Decision
2013/182/CFSP
of
22
April
2013
( 4 )
(b) to provide, directly or indirectly, technical assistance or
amends Decision 2011/137/CFSP in accordance with
brokering services related to equipment which might be
Resolution 2095 (2013) of the United Nations Security
used for internal repression as listed in Annex I, to any
Council (UNSC) which amends the exemptions to the
person, entity or body in Libya or for use in Libya;
arms embargo set out in paragraph 9(a) of Resolution
1970 (2011) of the UNSC and paragraph 13(a) of
Resolution 2009(2011) of the UNSC.
(c) to provide, directly or indirectly, financing or financial
assistance related to the goods and technology listed in
(4) Certain
of
those
measures
fall
within
the
scope
of
the
the Common Military List or in Annex I, including in
Treaty on the Functioning of the European Union and
particular grants, loans and export credit insurance, for
regulatory action at Union level is therefore necessary in
any sale, supply, transfer or export of such items, or for
order to implement them, in particular with a view to
any provision of related technical assistance to any
ensuring their uniform application by economic
person, entity or body in Libya or for use in Libya;
operators in all Member States.
(d) to provide, directly or indirectly, technical assistance,
( 1 ) OL L 58, 3.3.2011, p. 53.
financing or financial assistance, brokering services or
( 2 ) OJ L 58, 3.3.2011, p. 1.
( 3 ) OJ L 20, 23.1.2013, p. 60.
transport services related to the provision of armed
( 4 ) OJ L 111, 23.4.2013, p. 50.
mercenary personnel in Libya or for use in Libya;

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L 141/2
EN
Official Journal of the European Union
28.5.2013
(e) to participate, knowingly and intentionally, in activities
or was referred to in Article 5(4), or of a judicial,
the object or effect of which is to circumvent the
administrative or arbitral judgment rendered prior to
prohibitions referred to in points (a) to (d).
that date;
2. By
way
of
derogation
from
paragraph
1,
the
prohib
(b) the funds or economic resources in question will be
itions laid down therein shall not apply to:
used exclusively to satisfy claims secured by such a
lien or recognised as valid in such a judgment, within
the limits set by applicable laws and regulations
(a) the provision of technical assistance, financing or
governing the rights of persons having such claims;
financial assistance related to non-lethal military
equipment intended solely for humanitarian purposes
(c) the lien or judgment is not for the benefit of a person,
or protective use as approved in advance by the
entity or body listed in Annex II or III, or referred to in
competent authorities in the Member States, as listed
Article 5(4);
in Annex IV;
(d) recognising the lien or judgment is not contrary to
(b) the provision of technical assistance, financing or
public policy in the Member State concerned; and
financial assistance related to other sales and supply of
arms and related material, as approved in advance by
(e) the Sanctions Committee has been notified by the
the Sanctions Committee;
Member State of the lien or judgment.
(c) the provision of technical assistance, financing or
2. By
way
of
derogation
from
Article
5,
with
regard
to
financial assistance intended solely for security or
persons, entities or bodies listed in Annex III, the competent
disarmament assistance to the Libyan goverment;
authorities in the Member States, as listed in Annex IV, may
authorise the release of certain frozen funds or economic
resources, if the following conditions are met:
(d) protective clothing, including flak jackets and helmets,
temporarily exported to Libya by United Nations
personnel, personnel of the Union or its Member
(a) the funds or economic resources in question are the
States, representatives of the media and humanitarian
subject of an arbitral decision rendered prior to the
and development workers and associated personnel for
date on which the natural or legal person, entity or
their personal use only.
body referred to in Article 5 was included in Annex
III, or of a judicial or administrative decision rendered
in the Union, or a judicial decision enforceable in the
3. By
way
of
derogation
from
paragraph
1,
the
Member State concerned, prior to or after that date;
competent authorities in the Member States, as listed in
Annex IV, may authorise the provision of technical
(b) the funds or economic resources in question will be
assistance, financing and financial assistance related to
used exclusively to satisfy claims secured by such a
equipment which might be used for internal repression,
decision or recognised as valid in such a decision,
under such conditions as they deem appropriate, if they
within the limits set by applicable laws and regulations
determine that such equipment is intended solely for
governing the rights of persons having such claims;
humanitarian or protective use.
(c) the decision is not for the benefit of a natural or legal
___________
person, entity or body listed in Annex II or III, or
(*) OJ C 69, 18.3.2010, p. 19.";
referred to in Article 5(4); and
(d) recognising the decision is not contrary to public policy
in the Member State concerned.
(2) Article 8 is replaced by the following:
3. The
relevant
Member
State
shall
inform
the
other
"Article 8
Member States and the Commission of any authorisation
granted under this Article.";
1. By
way
of
derogation
from
Article
5,
with
regard
to
persons, entities or bodies listed in Annex II, the competent
authorities in the Member States, as listed in Annex IV, may
(3) In Article 9(1), the following points are added:
authorise the release of certain frozen funds or economic
resources, if the following conditions are met:
"(c) payments due under judicial, administrative or arbitral
lien or judgment, as referred to in Article 8(1);
(a) the funds or economic resources in question are the
subject of a judicial, administrative or arbitral lien estab
(d) payments due under judicial, administrative or arbitral
lished prior to the date on which the person, entity or
decisions rendered in the Union, or enforceable in the
body referred to in Article 5 was included in Annex II,
Member State concerned, as referred to in Article 8(2),";

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EN
28.5.2013 Official
Journal
of
the
European
Union L
141/3
(4) In Article 13, the following paragraph is added:
"3. Paragraph
2
shall
not
prevent
Member
States
from
sharing
that
information,
in
accordance
with
their national law, with the relevant authorities of Libya and other Member States where necessary for
the purpose of assisting the recovery of misappropriated assets.".
Article 2
This Regulation shall enter into force on the day following that 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, 27 May 2013.
For the Council
The President
C. ASHTON

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