Explanatory Memorandum to JOIN(2013)16 - Amendment of Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya

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On 2 March 2011 the Council adopted Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya to give effect to the measures provided for in Decision 2011/137/CFSP of 28 February 2011.

On 22 January 2013 the Council adopted Decision 2013/45/CFSP which provides for an amendment to Decision 2011/137/CFSP in order to permit the release of certain frozen funds or economic resources where they are required to respond to a judicial or administrative decision delivered in the Union, or a judicial decision enforceable in a Member State.

On 22 April 2013 the Council adopted Decision 2013/182/CFSP further amending Decision 2011/137/CFSP and providing for additional derogations from the arms embargo.

Some of these measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular with a view to ensuring their uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.

The High Representative of the Union for Foreign Affairs and Security Policy and the European Commission propose to amend Regulation (EU) No 204/2011 accordingly.