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 (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP
Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 thereof,
Whereas:
On 26 February 2011, the United Nations Security Council adopted Resolution (UNSCR) 1970 (2011) in view of its grave concern over the situation in Libya and introducing restrictive measures against Libya. The Security Council has since adopted a number of other Resolutions on Libya that have extended or amended the UN's restrictive measures against Libya, including in particular UNSCR 2174 (2014) and UNSCR 2213 (2015) in connection with the Security Council's commitment to the sovereignty, independence, territorial integrity and national unity of Libya.
On 28 February 2011, the Council adopted Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya(1), taking into account UNSCR 1970 (2011) and imposing additional restrictive measures in view of the seriousness of the situation in Libya.
On 26 May 2015, the Council adopted Decision (CFSP) 2015/818(2) amending Decision 2011/137/CFSP taking into consideration the threat that continues to be posed to the peace, stability or security of Libya and the successful completion of its political transition, inter alia through the exacerbation of current divisions by persons and entities identified as having been involved in the repressive policies of the former regime of Muammar Qadhafi in Libya, or otherwise formerly associated with that regime, and given that most of those persons or entities have not been held accountable for their actions. That Decision also took into consideration the threat posed by persons and entities owning or controlling Libyan State funds misappropriated during the former regime of Muammar Qadhafi in Libya which could be used to threaten the peace, stability or security of Libya, or to obstruct or undermine the successful completion of its political transition.
In accordance with Decision 2011/137/CFSP, the Council has carried out a complete review of the lists of persons and entities set out in Annexes II and IV to that Decision.
The reasons for listing in relation to a number of persons and entities on the list of persons and entities set out in Annexes II and IV to Decision 2011/137/CFSP should be amended.
For the sake of clarity, the restrictive measures imposed by Decision 2011/137/CFSP as amended and implemented by a number of subsequent Decisions, should be consolidated into a new legal instrument.
Decision 2011/137/CFSP should therefore be repealed,
HAS ADOPTED THIS DECISION:
CHAPTER I EXPORT AND IMPORT RESTRICTIONS
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 intended solely for humanitarian or protective use, as well as the provision of related technical assistance or training.
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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.
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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.
2.
Article 1 shall not apply to:
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the supply, sale or transfer of arms and related materiel, as well as the provision of related technical assistance, training or financial assistance, including the provision of personnel;
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the supply, sale or transfer of arms and related materiel, intended solely for security or disarmament assistance to the Libyan government, as well as the provision of related technical assistance, training or financial assistance,
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 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 equipment which might be used for internal repression, intended solely for humanitarian or protective use, as well as the provision of related technical assistance, training or financial assistance.
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.