Council Decision (CFSP) 2015/1333Show full title

CHAPTER II TRANSPORT SECTOR

Article 4

1. Member States shall inspect in their territory, including their seaports and airports, 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, 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 Article 1.

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 Article 1.

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.

Article 5

Member States shall deny permission to any aircraft to take off from, land in or overfly their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items the supply, sale, transfer, or export of which is prohibited under this Decision, including the provision of armed mercenary personnel, except in the case of an emergency landing.

Article 6

1. Member States may, in accordance with paragraphs 5 to 9 of UNSCR 2146 (2014), 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 the crude oil, 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).

Article 7

1. A Member State that is a flag State of a designated vessel shall, if the designation by the Committee has so specified, direct the vessel not to load, transport, or discharge crude oil illicitly exported from Libya aboard the vessel, in the absence of direction from the Government of Libya focal point, as referred to in paragraph 3 of UNSCR 2146 (2014).

2. Member States shall, if the designation by the Committee has so specified, deny entry into their ports of designated vessels, unless such entry is required for the purpose of an inspection, in the case of an emergency, or in the case of return to Libya.

3. The provision by nationals of Member States or from the territories of Member States of bunkering services, such as provision of fuel or supplies, or other servicing of vessels, to designated vessels shall, if the designation by the Committee has so specified, be prohibited.

4. Paragraph 3 shall not apply where the competent authority in the relevant Member State determines that the provision of such services is necessary for humanitarian purposes, or that the vessel returns to Libya. The Member State concerned shall notify the Committee of any such authorisation.

5. Financial transactions by nationals of Member States or entities under their jurisdiction or from the territories of Member States with respect to crude oil illicitly exported from Libya aboard designated vessels, shall, if the designation by the Committee has so specified, be prohibited.

6. Annex V includes the vessels referred to in paragraphs 1, 2, 3 and 5 of this Article designated by the Committee in accordance with paragraph 11 of UNSCR 2146 (2014).