Council Regulation (EU) 2025/813 of 25 April 2025 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) 2025/814 of 25 April 2025 concerning restrictive measures in view of the situation in Libya (1),

Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,

Whereas:

(1) Council Regulation (EU) 2016/44 (2) gives effect to measures provided for in Council Decision (CFSP) 2015/1333 (3).

(2) On 16 January 2025, the United Nations Security Council (‘UNSC’) Committee established pursuant to Resolution 1970 (2011) concerning Libya adopted Resolution 2769 (2025), which introduces two exemptions to the arms embargo imposed by Resolution 1970 (2011).

(3) Additionally, Resolution 2769 (2025) introduces a new listing criterion for the freezing of assets and the prohibition on making funds or economic resources available. It also modifies the scope of the measures imposed on the Libyan Investment Authority (LIA).

(4) These amendments fall within the scope of the Treaty on the Functioning of the European Union and therefore regulatory action at the level of the Union is necessary in order to implement them, in particular with a view to ensuring their uniform application in all Member States.

(5) Regulation (EU) 2016/44 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2016/44 is amended as follows:

(4) the following Article is inserted: ‘Article 3a It shall be prohibited to import, purchase or transfer, directly or indirectly, the goods and technology listed in the Common Military List, as well as firearms, their parts and essential components, and ammunition as defined in Regulation (EU) No 258/2012 of the European Parliament and of the Council, from Libya, whether or not originating in the territory of Libya.’

(5) in Article 6, paragraph 1 is replaced by the following: ‘1.   Annex II shall include the natural or legal persons, entities and bodies designated by the Security Council or by the Sanctions Committee in accordance with paragraph 22 of UNSCR 1970 (2011), paragraph 19, 22 or 23 of UNSCR 1973 (2011), paragraph 4 of UNSCR 2174 (2014), paragraph 11 of UNSCR 2213 (2015), paragraph 11 of UNSCR 2362 (2017), paragraph 11 of UNSCR 2441 (2018) or paragraph 18 of UNSCR 2769 (2025).’

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, 25 April 2025.

For the Council The President A. SZŁAPKA

(1) OJ L, 2025/814, 28.4.2025, ELI: http://data.europa.eu/eli/dec/2025/814/oj.

(2) 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, ELI: http://data.europa.eu/eli/reg/2016/44/oj).

(3) 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 (OJ L 206, 1.8.2015, p. 34, ELI: http://data.europa.eu/eli/dec/2015/1333/oj).