Council Regulation (EU) 2017/1836 of 10 October 2017 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

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) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1),

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

Whereas:

(1) Council Regulation (EU) 2017/1509 (2) gives effect to measures provided for in Decision (CFSP) 2016/849.

(2) On 11 September 2017, the United Nations Security Council adopted Resolution 2375 (2017) (‘UNSCR’) in which it expressed the gravest concern at the nuclear test of 2 September 2017 by the Democratic People's Republic of Korea (DPRK). The UNSC reaffirmed that the proliferation of nuclear, chemical and biological weapons constitutes a threat to international peace and security, and imposed new measures against the DPRK. These measures further reinforce the restrictive measures imposed by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017) and 2371 (2017).

(3) The UNSC imposed new prohibitions with regard to imports of, inter alia, DPRK textiles, exports of petroleum products to DPRK, joint ventures and in the maritime sector.

(4) Council Decision (CFSP) 2017/1838 (3) amended Decision (CFSP) 2016/849 in order to give effect to the new measures imposed by UNSCR 2375 (2017).

(5) These measures fall within the scope of the Treaty and, therefore, in particular with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary.

(6) Regulation (EU) 2017/1509 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EU) 2017/1509 is amended as follows:

(1) in Article 3(2), the 7th subparagraph is replaced by: ‘Part VII of Annex II shall include conventional arms-related items, materials, equipment, goods and technology designated, pursuant to paragraph 5 of UNSCR 2371 (2017).’;

(2) in Article 3(2), the following text is inserted after the 7th subparagraph: ‘Part VIII of Annex II shall include weapons of mass destruction-related items, materials, equipment, goods and technology designated, pursuant to paragraph 4 of UNSCR 2375 (2017). Part IX of Annex II shall include conventional arms-related items, materials, equipment, goods and technology designated, pursuant to paragraph 5 of UNSCR 2375 (2017).’;

(5) in Article 17, the following paragraph is added: ‘3.   Existing joint ventures or cooperative entities referred to in point (a) of paragraph 2, shall be closed by 9 January 2018, or within 120 days after the Sanctions Committee has denied a request for approval.’;

(6) Article 17a is replaced by the following: ‘Article 17a

(7) the following Article is inserted: ‘Article 17b By way of derogation from Article 17(3), the competent authorities of the Member States may authorise such joint venture or cooperative entity to remain operational, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.’;

(8) Article 34(2) is replaced by the following: ‘2.   All vessels listed in Annex XIV shall be seized, if the Sanctions Committee has so specified.’;

(11) in Article 40, paragraph (3) is replaced by the following: ‘3.   By way of derogation from the prohibition in Article 39(1), where that concerns a vessel within the scope of point (g), the competent authorities of the Member States may authorise a vessel to come into port if the Sanctions Committee has determined in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017).’;

(13) the following Article is inserted: ‘Article 44a It shall be prohibited to facilitate or engage in ship-to-ship transfers to or from any DPRK flagged vessel of any goods or items that are being sold, supplied, transferred or exported to or from the DPRK.’;

(14) Article 45 is replaced by the following: ‘Article 45 By way of derogation from the prohibitions arising from UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2070 (2016), 2321 (2016), 2356 (2016), 2371 (2017) or 2375 (2017), the competent authorities of Member States may authorise any activities if the Sanctions Committee has determined, on a case-by-case basis, that they are necessary to facilitate the work of international and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population in the DPRK or for any other purpose consistent with the objectives of these resolutions.’;

(16) Annex II is amended in accordance with Annex I to this Regulation;

(17) Annex V is amended in accordance with Annex II to this Regulation;

(18) Annex XIa is amended in accordance with Annex III to this Regulation;

(19) Annex XIb is amended in accordance with Annex IV to this Regulation;

(20) Annex XIc is inserted in accordance with Annex V to this Regulation;

(21) Annex XId is inserted in accordance with Annex VI to this Regulation;

(22) Annex XIe is inserted in accordance with Annex VII to this Regulation;

(23) Annex XIf is inserted in accordance with Annex VIII to this Regulation;

(24) Annex XIV is replaced by Annex IX to this Regulation.

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 Luxembourg, 10 October 2017.

For the Council The President T. TÕNISTE

(1) OJ L 141, 28.5.2016, p. 79.

(2) Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (OJ L 224, 31.8.2017, p. 1).

(3) Council Decision (CFSP) 2017/1838 of 10 October 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (see page 17 of this Official Journal).