Diario Oficial de la Unión Europea del 11/7/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
EN
11.7.2023
Official Journal of the European Union
L 176/1
II
Non-legislative acts
REGULATIONS
COUNCIL REGULATION EU 2023/1433
of 10 July 2023
amending Regulation EU 2016/44 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 CFSP 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP 1, Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission, Whereas:
1
On 26 February 2011, the United Nations Security Council UNSC adopted United Nations Security Council Resolution UNSCR 1970 2011, thereby imposing an arms embargo on Libya.
2
The UNSC in UNSCR 2292 2016 authorised States acting nationally or through regional organisations to inspect on the high seas off the coast of Libya vessels which they have reasonable grounds to believe these vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the United Nations arms embargo on Libya and decided that States, upon discovery during such inspections of items prohibited by the arms embargo on Libya, are to seize and dispose of such items.
3
Council Decision CFSP 2020/472 2 provides that the core task of the Union naval operation EUNAVFOR MED
IRINI is to contribute to the implementation of the United Nations arms embargo on Libya.
4
For that purpose, Article 23 of Decision CFSP 2020/472 provides that, in accordance with the relevant United Nations Security Council Resolutions, such as UNSCR 1970 2011 and UNSCR 2473 2019, and in particular UNSCR 2292 2016, as required, EUNAVFOR MED IRINI is to carry out, within the agreed Area of Operation on the high seas off the coast of Libya, inspections of vessels bound to or from Libya where there are reasonable grounds to believe that such vessels are carrying arms or related materiel to or from Libya, directly or indirectly, in violation of the arms embargo on Libya, and that EUNAVFOR MED IRINI is to take relevant action to seize and dispose of such items.
5
Furthermore, Article 25 of Decision CFSP 2020/472 provides that, in view of the exceptional operational requirements, and upon invitation from a Member State, EUNAVFOR MED IRINI may divert vessels to ports of that Member State and dispose of arms and related materiel which it has seized, including by storage, destruction or transfer to a Member State or to a third party. It also provides that disposal of seized arms and related materiel may be achieved with the assistance of a Member State, which is to undertake to complete as swiftly as possible the
1 OJ L 206, 1.8.2015, p. 34.
2 Council Decision CFSP 2020/472 of 31 March 2020 on a European Union military operation in the Mediterranean EUNAVFOR
MED IRINI OJ L 101, 1.4.2020, p. 4.
