2011R0204 — EN — 02.08.2015 — 020.001 — 1 This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents ►B COUNCIL REGULATION (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya (OJ L 58, 3.3.2011, p. 1) Amended by: Official Journal No page date ►M1 Council Implementing Regulation (EU) No 233/2011 of 10 L 64 13 11.3.2011 March 2011 ►M2 Council Implementing Regulation (EU) No 272/2011 of 21 L 76 32 22.3.2011 March 2011 ►M3 Council Implementing Regulation (EU) No 288/2011 of 23 L 78 13 24.3.2011 March 2011 ►M4 Council Regulation (EU) No 296/2011 of 25 March 2011 L 80 2 26.3.2011 ►M5 Council Implementing Regulation (EU) No 360/2011 of 12 April 2011 L 100 12 14.4.2011 ►M6 Council Implementing Regulation (EU) No 502/2011 of 23 May 2011 L 136 24 24.5.2011 ►M7 Council Regulation (EU) No 572/2011 of 16 June 2011 L 159 2 17.6.2011 ►M8 Council Implementing Regulation (EU) No 573/2011 of 16 June 2011 L 159 5 17.6.2011 ►M9 Council Implementing Regulation (EU) No 804/2011 of 10 L 206 19 11.8.2011 August 2011 ►M10 Council Implementing Regulation (EU) No 872/2011 of 1 L 227 3 2.9.2011 September 2011 ►M11 Council Implementing Regulation (EU) No 925/2011 of 15 L 241 1 17.9.2011 September 2011 ►M12 Council Implementing Regulation (EU) No 941/2011 of 22 L 246 11 23.9.2011 September 2011 ►M13 Council Regulation (EU) No 965/2011 of 28 September 2011 L 253 8 29.9.2011 ►M14 Council Regulation (EU) No 1139/2011 of 10 November 2011 L 293 19 11.11.2011 ►M15 Council Regulation (EU) No 1360/2011 of 20 December 2011 L 341 18 22.12.2011 ►M16 Council Implementing Regulation (EU) No 50/2013 of 22 L 20 29 23.1.2013 January 2013 ►M17 Council Implementing Regulation (EU) No 364/2013 of 22 April 2013 L 111 25 23.4.2013 ►M18 Council Regulation (EU) No 488/2013 of 27 May 2013 L 141 1 28.5.2013 ►M19 Council Regulation (EU) No 517/2013 of 13 May 2013 L 158 1 10.6.2013 ►M20 Council Regulation (EU) No 45/2014 of 20 January 2014 L 16 1 21.1.2014 2011R0204 — EN — 02.08.2015 — 020.001 — 2 ►M21 Council Implementing Regulation (EU) No 74/2014 of 28 L 26 1 29.1.2014 January 2014 ►M22 Council Implementing Regulation (EU) No 689/2014 of 23 June 2014 L 183 1 24.6.2014 ►M23 Council Regulation (EU) No 690/2014 of 23 June 2014 L 183 3 24.6.2014 ►M24 Council Implementing Regulation (EU) No 792/2014 of 22 July 2014 L 217 9 23.7.2014 ►M25 Council Regulation (EU) No 1102/2014 of 20 October 2014 L 301 1 21.10.2014 ►M26 Council Implementing Regulation (EU) No 1103/2014 of 20 L 301 3 21.10.2014 October 2014 ►M27 Council Regulation (EU) 2015/374 of 6 March 2015 L 64 8 7.3.2015 ►M28 Council Implementing Regulation (EU) 2015/376 of 6 March 2015 L 64 15 7.3.2015 ►M29 Council Regulation (EU) 2015/813 of 26 May 2015 L 129 1 27.5.2015 ►M30 Council Implementing Regulation (EU) 2015/814 of 26 May 2015 L 129 5 27.5.2015 ►M31 Council Implementing Regulation (EU) 2015/1323 of 31 July 2015 L 206 4 1.8.2015 ►M32 Council Regulation (EU) 2015/1324 of 31 July 2015 L 206 10 1.8.2015 2011R0204 — EN — 02.08.2015 — 020.001 — 3 ▼B COUNCIL REGULATION (EU) No 204/2011 of 2 March 2011 concerning restrictive measures in view of the situation in Libya THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof, Having regard to Council Decision 2011/137/CFSP of 28 February 2011 concerning restrictive measures in view of the situation in Libya, (1 ) adopted in accordance with Chapter 2 of Title V of the Treaty on European Union, Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission, Whereas: (1) In accordance with UN Council Security Resolution 1970 (2011) of 26 February 2011, Decision 2011/137/CFSP provides for an arms embargo, a ban on internal repression equipment, as well as restrictions on the admission and the freezing of funds and economic resources of certain 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. Those natural or legal persons and entities are listed in the Annexes to the Decision. (2) Some of those measures fall within the scope of the Treaty on the Functioning of the European Union and regulatory action at the level of the Union is therefore necessary in order to implement them, in particular with a view to ensuring their uniform appli­ cation by economic operators in all Member States. (3) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial and the right to the protection of personal data. This Regulation should be applied in accordance with those rights. (4) This Regulation also fully respects the obligations of Member States under the Charter of the United Nations and the legally- binding nature of United Nations Security Council Resolutions. (5) The power to amend the lists in Annexes II and III to this Regulation should be exercised by the Council, in view of the specific threat to international peace and security posed by Libya, and to ensure consistency with the process for amending and reviewing Annexes III and IV to Decision 2011/137/CFSP. (1 ) See page 53 of this Official Journal. 2011R0204 — EN — 02.08.2015 — 020.001 — 4 ▼B (6) The procedure for amending the lists in Annexes II and III to this Regulation should include providing designated natural or legal persons, entities or bodies with the grounds for listing, so as to give them an opportunity to submit observations. Where obser­ vations are submitted, or substantial new evidence is presented, the Council should review its decision in light of those obser­ vations and inform the person, entity or body concerned accord­ ingly. (7) For the implementation of this Regulation, and in order to create maximum legal certainty within the Union, the names and other relevant data concerning natural and legal persons, entities and bodies whose funds and economic resources must be frozen in accordance with this Regulation, must be made public. Any processing of personal data should comply with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (1 ) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2 ). (8) In order to ensure that the measures provided for in this Regu­ lation are effective, it should enter into force on the day of its publication, HAS ADOPTED THIS REGULATION: Article 1 For the purposes of this Regulation, the following definitions shall apply: (a) ‘funds’ means financial assets and benefits of every kind, including but not limited to: (i) cash, cheques, claims on money, drafts, money orders and other payment instruments; (ii) deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; (iii) publicly- and privately-traded securities and debt instruments, including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures and derivatives contracts; (1 ) OJ L 8, 12.1.2001, p. 1. (2 ) OJ L 281, 23.11.1995, p. 31. 2011R0204 — EN — 02.08.2015 — 020.001 — 5 ▼B (iv) interest, dividends or other income on or value accruing from or generated by assets; (v) credit, right of set-off, guarantees, performance bonds or other financial commitments; (vi) letters of credit, bills of lading, bills of sale; (vii) documents evidencing an interest in funds or financial resources; (b) ‘freezing of funds’ means preventing any move, transfer, alteration, use of, access to, or dealing with funds in any way that would result in any change in their volume, amount, location, ownership, possession, character, destination or other change that would enable the funds to be used, including portfolio management; (c) ‘economic resources’ means assets of every kind, whether tangible or intangible, movable or immovable, which are not funds but may be used to obtain funds, goods or services; (d) ‘freezing of economic resources’ means preventing their use to obtain funds, goods or services in any way, including, but not limited to, by selling, hiring or mortgaging them; (e) ‘technical assistance’ means any technical support related to repairs, development, manufacture, assembly, testing, maintenance, or any other technical service, and may take forms such as instruction, advice, training, the transmission of working knowledge or skills or consulting services, including verbal forms of assistance; (f) ‘Sanctions Committee’ means the Committee of the United Nations Security Council which was established pursuant to paragraph 24 of United Nations Security Council Resolution (‘UNSCR’) 1970 (2011); (g) ‘territory of the Union’ means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace; ▼M23 (h) ‘designated vessels’ means vessels designated by the Sanctions Committee as referred to in paragraph 11 of UNSCR 2146 (2014), as listed in Annex V to this Regulation; (i) ‘the Government of Libya focal point’ means the focal point appointed by the Government of Libya as notified to the Sanctions Committee in accordance with paragraph 3 of UNSCR 2146 (2014).