Explanatory Memorandum to COM(2011)355 - Amendment of Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

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Council Regulation (EU) No 204/2011, as amended, was adopted on 2 March 2011, pursuant to Council Decision 2011/137/CFSP of 28 February 2011, in order to implement United Nations Security Council Resolution 1970 (2011) and to provide for additional EU autonomous mesures in consideration of the seriousness of the situation in Libya.

Council Decision 2011/[…]/CFSP of […] amends Council Decision 2011/137/CFSP and provides for a specific derogation in relation to the freezing of the assets of certain entities (ports). Moreover, provision should be made to ensure that the freezing measures do not affect the continuation of humanitarian operations and of the provision of materials and supplies for essential civilian needs, as well as operations necessary for evacuations from Libya.

The High Representative of the EU for Foreign Affairs and Security Policy and the Commission propose to give effect to these measures by means of a Regulation based on Article 215 of the Treaty on the Functioning of the European Union (TFEU).