52011PC0754

EXPLANATORY MEMORANDUM

(1) On 27 October 2011 the Security Council of the United Nations decided that the ban on all flights in the airspace of Libya, which it had imposed by Resolution 1973(2011) of 17 March 2011, should be terminated from 23.59 Libyan local time on 31 October 2011.

(2) The High Representative for Foreign Affairs and Security Policy and the European Commission therefore propose to repeal the corresponding ban laid down in Council Regulation (EU) No 204/2011 concerning restrictive measures in view of the situation in Libya.

2011/0337 (NLE)

Joint Proposal for a

COUNCIL REGULATION

amending Regulation (EU) No 204/2011 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 2011/…/CFSP of … 2011 amending Council Decision 2011/137/CFSP 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) By means of its Resolution 2016, the Security Council of the United Nations decided on 27 October 2011 that the ban on all flights in the airspace of Libya, which had been decided on 17 March 2011, should be terminated.

(2) Further to Decision 2011/137/CFSP this ban on flights has been given effect in the European Union by Regulation (EC) No 204/2011 concerning restrictive measures in view of the situation in Libya[2]as amended[3].

(3) In line with Decision 2011/…/CFSP the relevant provision of Regulation (EU) No 204/2011 should therefore be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Article 4b of Regulation (EU) No 204/2011 is deleted.

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,

                                                                       For the Council

                                                                       The President

[1]               OJ L …, …2011, p. …

[2]               OJ L 58. 3.3.2011, p. 1.

[3]               Regulation (EU) No 296/2011 (OJ L 80, 26.3.2011, p. 2).