The direct or indirect supply, sale or transfer of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to Libya by nationals of Member States or from or through the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya
Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
On 23 February 2011, the European Union expressed its grave concern regarding the situation unfolding in Libya. The EU strongly condemned the violence and use of force against civilians and deplored the repression against peaceful demonstrators.
The EU reiterated its call for an immediate end to the use of force and for steps to address the legitimate demands of the population.
On 26 February 2011, the United Nations Security Council (‘the Security Council’) adopted Resolution 1970 (‘UNSCR 1970 (2011)’) which introduced restrictive measures against Libya and against persons and entities involved in serious human rights abuses against persons in Libya, including by being involved in attacks, in violation of international law, on civilian populations and facilities.
In view of the seriousness of the situation in Libya, the EU considers it necessary to impose additional restrictive measures.
In addition, further Union action is needed in order to implement certain measures.
HAS ADOPTED THIS DECISION:
Article 1
1.
2.
It shall be prohibited to:
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provide, directly or indirectly, technical assistance, training or other assistance, including the provision of armed mercenary personnel, related to military activities or to the provision, maintenance and use of items referred to in paragraph 1, to any natural or legal person, entity or body in, or for use in, Libya;
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provide, directly or indirectly, financial assistance related to military activities or to the provision, maintenance and use of items referred to in paragraph 1, to any natural or legal person, entity or body in, or for use in, Libya;
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participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).
Article 2
1.
Article 1 shall not apply to:
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the supply, sale or transfer of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use;
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the provision of technical assistance, training or other assistance, including personnel, related to such equipment;
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the provision of financial assistance related to such equipment.
2.
Article 1 shall not apply to:
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the supply, sale or transfer of arms and related materiel;
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the provision of technical assistance, training or other assistance, including personnel, related to such equipment;
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the provision of financial assistance related to such equipment,
as approved in advance by the Committee established pursuant to paragraph 24 of UNSCR 1970 (2011) (‘the Committee’).
3.
Article 1 shall not apply to the supply, sale or transfer of small arms, light weapons and related materiel, temporarily exported to Libya for the sole use of United Nations (UN) personnel, representatives of the media and humanitarian and development workers and associated personnel, notified to the Committee in advance and in the absence of a negative decision by the Committee within five working days of such a notification.
4.
Article 1 shall not apply to the supply, sale or transfer of non-lethal military equipment intended solely for security or disarmament assistance to the Libyan government, as well as the provision of related technical assistance, training or financial assistance.
5.
Article 1 shall not apply to the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Libya by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
6.
Article 1 shall not apply to the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, and related technical assistance or training.
Article 3
The procurement by nationals of Member States, either using their flag vessels or aircraft, of the items referred to in Article 1(1) from Libya shall be prohibited, whether or not originating in the territory of Libya.
Article 4
1.
Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, vessels and aircraft bound to or from Libya, in their territory, including their seaports and airports, and on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels and aircraft contains items the supply, sale, transfer or export of which is prohibited under this Decision.
2.
Member States shall, upon discovery, seize and dispose of (such as through destruction, rendering inoperable, storage or transferring to a State other than the originating or destination States for disposal) items whose supply, sale, transfer or export is prohibited under this Decision.
3.
Member States shall cooperate, in accordance with their national legislation, with inspections and disposals undertaken pursuant to paragraphs 1 and 2.
4.
Aircrafts and vessels transporting cargo to and from Libya shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.