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
L 176/2
Official Journal of the European Union
11.7.2023
procedures required to allow for the disposal of the seized items, within the framework of applicable law and procedures.
6
Council Decision CFSP 2023/1439 3 introduces a provision in Decision CFSP 2015/1333 to the effect that such a Member State is required to take the necessary measures to facilitate the disposal, on behalf of EUNAVFOR MED
IRINI, of arms and related material seized by EUNAVFOR MED IRINI on the high seas in accordance with its mandate.
7
With a view to ensuring the uniform application of that provision in all Member States, regulatory action at the level of the Union is necessary.
8
Council Regulation EU 2016/44 4 gives effect to Decision CFSP 2015/1333. Regulation EU 2016/44 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
The following article is inserted in Regulation EU 2016/44:
Article 22a 1.
A Member State assisting EUNAVFOR MED IRINI in accordance with Article 25 of Council Decision CFSP 2020/472 shall take the necessary measures to dispose on behalf of EUNAVFOR MED IRINI of arms or related materiel, including goods and technology which are covered by the Unions Common Military List, which are transported on the high seas in breach of the prohibition referred to in Article 5a1 of Decision CFSP 2015/1333, and which were seized by EUNAVFOR MED IRINI on the high seas pursuant to Article 23 of Decision CFSP 2020/472.
2.
The disposal referred to in paragraph 1 may take place, notably, through destruction of those items, rendering them inoperable or by allowing their use, including by a third party, whilst preventing their subsequent transfer to Libya or to any other third country to which the transfer of arms or related materiel is prohibited.
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..
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 10 July 2023.
For the Council The President P. NAVARRO RÍOS
3 Council Decision CFSP 2023/1439 of 10 July 2023 amending Decision CFSP 2015/1333 concerning restrictive measures in view of the situation in Libya see page 26 of this Official Journal.
4 Council Regulation EU 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation EU No 204/2011 OJ L 12, 19.1.2016, p. 1.
