Council Regulation (EU) 2017/1858 of 16 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 from the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,

Whereas:

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

(2) On 5 August 2017 and 11 September 2017 respectively, the United Nations Security Council (UNSC) adopted Resolutions 2371 (2017) and 2375 (2017), in which it expressed its gravest concern at the ballistic missile tests of 3 July 2017 and 28 July 2017 and the nuclear test of 2 September 2017 conducted by the Democratic People's Republic of Korea (DPRK), and imposed new measures against the DPRK. These measures further reinforce the restrictive measures imposed by UNSC Resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016) and 2356 (2017).

(3) On 14 September 2017, the Council adopted Decision (CFSP) 2017/1562 (3) and on 10 October 2017 it adopted Decision (CFSP) 2017/1838 (4) amending Decision (CFSP) 2016/849 in order to give effect to the new measures imposed by UNSC Resolutions 2371 (2017) and 2375 (2017).

(4) On 14 September 2017, the Council adopted Regulation (EU) 2017/1548 (5) and on 10 October 2017 adopted Regulation (EU) 2017/1836 (6), both of which amended Regulation (EU) 2017/1509 to give effect to the measures provided for in Decision (CFSP) 2016/849.

(5) On 16 October 2017, the Council decided to further expand the ban on EU investment in and with the DPRK to all sectors, to lower the amount of personal remittances that could be sent to the DPRK from EUR 15 000 to EUR 5 000, and to impose an oil export ban to the DPRK.

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

(7) Regulation (EU) 2017/1509 should therefore be amended accordingly.

(8) In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately,

HAS ADOPTED THIS REGULATION:

Article 1

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

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

Article 2

This Regulation shall enter into force on the date 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, 16 October 2017.

For the Council The President F. MOGHERINI

(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 (CSFP) 2017/1562 of 14 September 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 237, 15.9.2017, p. 86).

(4) 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 (OJ L 261, 11.10.2017, p. 17).

(5) Council Regulation (EU) 2017/1548 of 14 September 2017 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 237, 15.9.2017, p. 39).

(6) 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 (OJ L 261, 11.10.2017, p. 1).