CHAPTER IITRANSPORT SECTOR

Article 6

F11.

Member States may, in accordance with paragraphs 5 to 9 of UNSCR 2146 (2014), paragraph 2 of UNSCR 2362 (2017) and paragraph 2 of UNSCR 2441 (2018), inspect on the high seas designated vessels, using all measures commensurate to the specific circumstances, in full compliance with international humanitarian law and international human rights law, as may be applicable, carry out such inspections and direct the vessel to take appropriate actions to return petroleum, including crude oil and refined petroleum products, with the consent of and in coordination with the Government of Libya, to Libya.

2.

Member States should, before undertaking an inspection as referred to in paragraph 1, first seek the consent of the vessel's flag State.

3.

Member States undertaking an inspection as referred to in paragraph 1 shall submit promptly a report on the inspection to the Committee containing relevant details, including efforts made to seek the consent of the vessel's flag State.

4.

Member States undertaking inspections as referred to in paragraph 1 shall ensure that such inspections are carried out by warships and ships owned or operated by a State and used only on government non-commercial service.

5.

Paragraph 1 shall not affect the rights, obligations or responsibilities of Member States under international law, including rights or obligations under the United Nations Convention on the Law of the Sea, including the general principle of exclusive jurisdiction of a flag State over its vessels on the high seas, with respect to non-designated vessels and in any other situation than the one referred to in that paragraph.

6.

Annex V to this Decision includes the vessels referred to in paragraph 1 designated by the Committee in accordance with paragraph 11 of UNSCR 2146 (2014).