L 78/24 Official Journal of the European Union 24.3.2011 DECISIONS COUNCIL DECISION 2011/178/CFSP of 23 March 2011 amending Decision 2011/137/CFSP concerning restrictive measures in view of the situation in Libya THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Article 29 thereof, Whereas: (1) On 28 February 2011, the Council adopted Decision 2011/137|CESP concerning restrictive measures in view of the situation in Libya ('), implementing United Nations Security Council Resolution (UNSCR) 1970 (2011). On 17 March 2011, the United Nations Security Council adopted UNSCR 1973 (2011), which widened the scope of the restrictive measures imposed by UNSCR 1970 (2011) and introduced additional restrictive measures against Libya. Decision should be amended accordingly. 2011/137/CFSP Further action by the Union is needed in order to implement certain measures, HAS ADOPTED THIS DECISION: Article 1 Decision 2011/137/CESP is hereby amended as follows: (1) the following Article is added: ‘Article 3a 1. Member States shall take the necessary measures to prevent flights by aircraft under their jurisdiction in the airspace of Libya, in view of the need to help protect civilians. 2. Paragraph 1 shall not apply to flights the sole purpose of which is humanitarian, such as delivering or facilitating the delivery of assistance, including medical supplies, food, humanitarian workers and related assistance, or evacuating foreign nationals from Libya, nor shall it apply to flights authorised by paragraph 4 or 8 of UNSCR 1973 (2011), () O] L 58, 3.3.2011, p. 53. — = = nor to other flights which are deemed by Member States, acting under the authorisation conferred in paragraph 8 of UNSCR 1973 (2011), to be necessary for the benefit of the Libyan people.; Article 4(1) is replaced by the following: ‘1. Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, in particular the law of the sea and relevant international civil aviation agreements, vessels and aircraft bound to or from Libya, in their territory, including their seaports and airports, and on the high seas, if they have information that provides reasonable grounds to believe that the cargo of such vessels and aircraft contains items the supply, sale, transfer or export of which is prohibited under this Decision.’; the following Article is added: ‘Article 4a 1. Member States shall deny permission to any aircraft registered in Libya or owned or operated by Libyan nationals or companies to take off from, land in or overfly their territory unless the particular flight has been approved in advance by the Sanctions Committee, or in the case of an emergency landing. 2. Member States shall deny permission to any aircraft to take off from, land in or overfly their territory, if they have information that provides reasonable grounds to believe that the aircraft contains items the supply, sale, transfer, or export of which is prohibited under this Decision, including the provision of armed mercenary personnel, except in the case of an emergency landing.; Article 5(1) is replaced by the following: ‘1. Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of: (a) persons listed in Annex I to UNSCR 1970 (2011), and additional persons designated by the Security Council or by the Committee in accordance with paragraph 22 of UNSCR 1970 (2011) and paragraph 23 of UNSCR 1973 (2011), as listed in Annex I to this Decision;