Council Decision (CFSP) 2015/818

of 26 May 2015

amending Decision 2011/137/CFSP 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:

(1)
On 28 February 2011, the Council adopted Decision 2011/137/CFSP1.
(2)

The Council has since that date repeatedly expressed grave concern about the deteriorating situation in Libya and, in particular, the widespread violence and instability.

(3)

On 27 August 2014, the United Nations Security Council adopted Resolution (UNSCR) 2174 (2014), following its earlier Resolutions on Libya since UNSCR 1970 (2011). UNSCR 2174 (2014) condemns the ongoing fighting by armed groups and incitement to violence in Libya and introduces further restrictive measures against persons and entities engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstruct or undermine the successful completion of its political transition.

(4)
On 6 March 2015, the Council adopted Decision (CFSP) 2015/3822 extending the application of the travel restrictions and asset freeze measures for persons and entities listed in Annexes II and IV to Decision 2011/137/CFSP to persons and entities engaged in or providing support for acts that threaten the peace, stability or security of Libya, or obstructing or undermining the successful completion of its political transition.
(5)

On 16 March 2015, the Council concluded that Libya is at a crossroads. It recalled that only a political solution can provide a sustainable way forward and contribute to peace and stability in Libya and it referred inter alia to the importance of refraining from actions that can exacerbate current divisions.

(6)

The Council also condemned actions against Libya's national assets, financial institutions and natural resources, which risk depriving the Libyan people of the benefits of the sustainable development of their country.

(7)

On 27 March 2015, the United Nations Security Council adopted Resolution 2213 (2015), providing inter alia for certain amendments to the criteria for listing in relation to the travel restrictions and asset freeze measures.

(8)

The Security Council Committee established pursuant to UNSCR 1970 (2011) updated the list of persons and entities subject to travel restrictions and asset freeze measures.

(9)

The criteria for the application of the travel restrictions and asset freeze measures as set out in UNSCR 2213 (2015) should also extend to certain other persons and entities not covered by Annexes I or III to Decision 2011/137/CFSP.

(10)

A threat 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.

(11)

A threat is also 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.

(12)

In view of the gravity of the situation in Libya and having particular regard to the risks referred to above, the criteria for application of the travel restrictions and asset freeze measures for persons and entities listed in Annexes II and IV to Decision 2011/137/CFSP should be amended.

(13)

Decision 2011/137/CFSP should therefore be amended accordingly.

(14)

Further action by the Union is needed in order to implement certain of these amendments,

HAS ADOPTED THIS DECISION: