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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
48 versions
· 2016-01-18
2025-07-31
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2025-04-29
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2025-01-29
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2024-09-13
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2021-11-04
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2021-07-31
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2021-04-27
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2020-10-15
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2020-10-02
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2020-09-21
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2020-08-01
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2020-03-06
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2019-08-03
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2019-07-09
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2018-12-19
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2018-11-29
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2018-09-25
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2018-09-19
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2018-08-01
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2018-06-15
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2018-05-15
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2018-02-10
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2017-12-08
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2017-11-09
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2017-10-31
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2017-08-11
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2017-07-19
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Changes on 2017-07-19
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4. By way of derogation from paragraph 1, the competent authorities in the Member States as listed in Annex IV may authorise the sale, supply, transfer or export of equipment which might be used for internal repression, under such conditions as they deem appropriate, if they determine that such equipment is intended solely for humanitarian or protective use.
#### Article 2a
1. Prior authorisation shall be required for:
(a)the sale, supply, transfer or export, directly or indirectly, of the goods set out in Annex VII, whether or not originating in the Union, to any person, entity or body in Libya or for use in Libya;
(b)the provision of technical assistance or brokering services related to goods set out in Annex VII or related to the provision, manufacture, maintenance and use of such goods, directly or indirectly, to any person, entity or body in Libya or for use in Libya;
(c)the provision of financing or financial assistance related to goods set out in Annex VII, including in particular grants, loans and export credit insurance for any sale, supply, transfer or export of such items, or for any provision of related technical assistance or brokering services, directly or indirectly, to any person, entity or body in Libya or for use in Libya.
2. Annex VII shall include the items which could be used for the smuggling of migrants and trafficking in human beings.
3. Paragraph 1 shall not apply to the sale, supply, transfer or export, directly or indirectly, of goods set out in Annex VII, as well as the provision of technical assistance, brokering services, financing or financial assistance related to those goods by authorities of Member States to the Libyan government.
4. The competent authority concerned shall not grant authorisation referred to in paragraph 1 when there are reasonable grounds to believe that the goods would be used for the purpose of smuggling of migrants and trafficking in human beings.
5. Where a competent authority listed in Annex IV refuses to grant authorisation, or annuls, suspends, substantively modifies or revokes authorisation in accordance with this Article, the Member State concerned shall notify the other Member States and the Commission thereof and share the relevant information with them.
#### Article 3
1. It shall be prohibited:
@@ -310,7 +328,9 @@
(a)amend Annex IV on the basis of information supplied by Member States;
(b)amend Annex V pursuant to amendments of Annex V to Decision (CFSP) 2015/1333 and on the basis of determinations made by the Sanctions Committee under paragraphs 11 and 12 of UNSCR 2146 (2014).
(b)amend Annex V pursuant to amendments of Annex V to Decision (CFSP) 2015/1333 and on the basis of determinations made by the Sanctions Committee under paragraphs 11 and 12 of UNSCR 2146 (2014);
(c)amend Annex VII in order to refine or adapt the list of goods included which could be used for smuggling of migrants and trafficking in human beings or to update the nomenclature codes from the Combined Nomenclature as set out in Annex I to Regulation (EEC) No 2658/87.
#### Article 21
@@ -536,7 +556,7 @@
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| 21. | SALEH ISSA GWAIDER, Agila | d.o.b. 1 June 1942 Place of birth: Elgubba, Libya Passport: D001001 (Libya), issued 22 January 2015 | Agila Saleh has been the President of the Libyan House of Representatives since 5 August 2014. On 17 December 2015 Saleh stated his opposition to the Libya Political Agreement signed on 17 December 2015. As the President of the Council of Deputies, Saleh has obstructed and undermined the Libyan political transition, including by refusing several times to call a vote on the Government of National Accord (‘GNA’). On 23 August 2016, Saleh addressed a letter to the Secretary-General of the United Nations, in which he criticised the United Nations' support to the GNA which he described as the imposition ‘of a group of individuals on the Libyan people (…) in breach of the Constitution and the United Nations Charter’. He criticised the adoption of United Nations Security Council Resolution 2259(2015) which endorsed the Skhirat Agreement, and he threatened to bring the United Nations, which he holds responsible for ‘unconditional and unjustified’ support to an incomplete Presidency Council, as well as the UN Secretary-General, before the International Criminal Court for violating the UN Charter, the Libyan Constitution and the sovereignty of Libya. Those statements undermine the support for mediation by the UN and the UN Support Mission in Libya (UNSMIL), as expressed by all relevant UN Security Council Resolutions, notably Resolution 2259(2015). On 6 September 2016, Saleh paid an official visit to Niger with Abdullah al-Thani, ‘Prime Minister’ of the non-recognised government of Tobruk, even though Resolution 2259(2015) calls for the ceasing of support to and official contact with parallel institutions which claim to represent the legitimate authority but are not parties to the Agreement. | 1.4.2016 |
| 22. | GHWELL, Khalifa a.k.a. AL GHWEIL, Khalifa AL-GHAWAIL, Khalifa | d.o.b. 1 January 1956 Place of birth: Misurata, Libya Nationality: Libya Passport: A005465 (Libya), issued 12 April 2015, expires 11 April 2017 | Khalifa Ghwell was the so-called ‘Prime Minister and Defence Minister’ of the internationally unrecognised General National Congress (‘GNC’) (also known as the ‘National Salvation Government’), and as such was responsible for their activities. On 7 July 2015 Khalifa Ghwell showed his support for the Steadfastness Front (Alsomood), a new military force of 7 brigades to prevent a unity government from forming in Tripoli, by attending the signing ceremony to inaugurate the force with GNC ‘President’ Nuri Abu Sahmain. As GNC ‘Prime Minister’, Ghwell has played a central role in obstructing the establishment of the GNA established under the Libya Political Agreement. On 15 January 2016, in his capacity as the Tripoli GNC's ‘Prime Minister and Minister of Defence’, Ghwell ordered the arrest of any members of the new Security Team, appointed by the Prime Minister Designate of the Government of National Accord, who set foot in Tripoli. On 31 August 2016 he ordered the ‘Prime Minister’ and the ‘Defence Minister’ of the ‘National Salvation Government’ to return to work after the HoR had rejected the GNA. | 1.4.2016 |
| 23. | ABU SAHMAIN, Nuri a.k.a. BOSAMIN, Nori BO SAMIN, Nuri | d.o.b. 16.5.1956 Place of birth: Zouara/Zuwara, Libya | Nuri Abu Sahmain used to be the so-called ‘President’ of the internationally unrecognised General National Congress (‘GNC’) (also known as the ‘National Salvation Government’), and as such is responsible for their activities. As GNC ‘President’, Nuri Abu Sahmain has played a central role in obstructing and opposing the Libyan Political Agreement and the establishment of the Government of National Accord (‘GNA’). On 15 December 2015 Sahmain called for the postponement of the Libya Political Agreement scheduled to be agreed at a meeting on 17 December. On 16 December 2015 Sahmain issued a statement that the GNC did not authorise any of its members to participate in the meeting or sign the Libya Political Agreement. On 1 January 2016 Sahmain rejected the Libyan Political Agreement in talks with the United Nations Special Representative. | 1.4.2016 |
| 23. | ABU SAHMAIN, Nuri a.k.a. BOSAMIN, Nori BO SAMIN, Nuri | d.o.b. 16.5.1956 Place of birth: Zouara/Zuwara, Libya | Nuri Abu Sahmain used to be the so-called ‘President’ of the internationally unrecognised General National Congress (‘GNC’) (also known as the ‘National Salvation Government’), and as such is responsible for their activities. As GNC ‘President’, Nuri Abu Sahmain has played a central role in obstructing and opposing theLibyan Political Agreement and the establishment of the Government of National Accord (‘GNA’). On 15 December 2015 Sahmain called for the postponement of the Libya Political Agreement scheduled to be agreed at a meeting on 17 December. On 16 December 2015 Sahmain issued a statement that the GNC did not authorise any of its members to participate in the meeting or sign the Libya Political Agreement. On 1 January 2016 Sahmain rejected the Libyan Political Agreement in talks with the United Nations Special Representative. | 1.4.2016 |
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### B. **Entities**
@@ -710,6 +730,23 @@
**A.k.a.:** na **F.k.a.:** na **Address:**Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, Libya**Listed on:**17 Mar. 2011**Other information:** Listed pursuant to paragraph 17 of resolution 1973, as modified on 16 September pursuant to paragraph 15 of resolution 2009. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/une/5525715
## ANNEX VII
### **Items which could be used for smuggling of migrants and trafficking in human beings as referred to in Article 2a**
#### EXPLANATORY NOTE
The nomenclature codes are taken from the Combined Nomenclature (CN) as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and are set out in Annex I thereto, which are valid at the time of publication of this Regulation and *mutatis mutandis* as amended by subsequent legislation.
| | CN Code | Description |
| --- | --- | --- |
| | 8407 21 | outboard motors for marine propulsion (spark ignition) |
| Ex | 8408 10 | outboard motors for marine propulsion (compression ignition) |
| Ex | 8501 31 | Electrical outboard motors for marine propulsion, of an output not exceeding 750 W |
| Ex | 8501 32 | Electrical outboard motors for marine propulsion, of an output exceeding 750 W but not exceeding 75 kW |
| Ex | 8903 10 | inflatable vessels, for pleasure or sports |
| Ex | 8903 99 | outboard motor boats |
(<sup>1</sup>) OJ C 69, 18.3.2010, p. 19.
(<sup>2</sup>) Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code) (OJ L 145, 4.6.2008, p. 1).
2017-03-23
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2016-10-02
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2016-09-22
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2016-08-06
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2016-05-25
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2016-05-05
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restricti
2016-04-01
Council Regulation (EU) 2016/44 of 18 January 2016 concerning restri
original version
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