Council Regulation (EU) 2018/285 of 26 February 2018 amending Council 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 22 December 2017 the United Nations Security Council (‘UNSC’) adopted Resolution 2397 (2017), in which it expressed its gravest concern at the ballistic missile launch by the Democratic People's Republic of Korea (‘DPRK’) on 28 November 2017. The UNSC reaffirmed that the proliferation of nuclear, chemical and biological weapons, as well as their means of delivery, constitutes a threat to international peace and security, and imposed new measures against the DPRK. Those measures further reinforce the restrictive measures imposed by UNSC Resolutions (‘UNSCR’) 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) and 2375 (2017).

(3) The UNSC decided, inter alia, to strengthen the export ban on petroleum products and to impose an import ban on DPRK food products, machinery, electrical equipment, earth and stone; a ban on the export to the DPRK of industrial equipment, machinery, transportation vehicles and industrial metals; and further maritime restrictive measures.

(4) The Commission should be empowered to amend the lists of food and agricultural products; machinery and electrical equipment; earth and stone, including magnesite and magnesia; wood; vessels; and industrial machinery, transportation vehicles, and iron, steel and other metals on the basis of determinations made by either the Sanctions Committee or the UNSC and to update nomenclature codes from the Combined Nomenclature as set out in Annex I to Council Regulation (EEC) No 2658/87 (3).

(5) To ensure the uniform application of the maritime measures contained in UNSC Resolution 2397 (2017), it is appropriate to create a new Annex XVIII to Regulation (EU) 2017/1509 containing a list of vessels which the Council has reason to believe were involved in activities, or the transport of items, prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or 2397 (2017).

(6) The power to amend the list of vessels set out in Annex XVIII to Regulation (EU) 2017/1509 should be exercised by the Council in order to ensure consistency with the process for adopting and amending the list of vessels in Annex VI to Decision (CFSP) 2016/849.

(7) Three persons and one entity that have been designated by the UNSC should be removed from the list of persons and entities designated autonomously by the Council set out in Annex XV to Regulation (EU) 2017/1509.

(8) Council Decision (CFSP) 2018/293 (4) amended Decision (CFSP) 2016/849 in order to give effect to the new measures imposed by UNSC Resolution 2397 (2017).

(9) 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.

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

HAS ADOPTED THIS REGULATION:

Article 1

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

(1) Article 16a is replaced by the following: ‘Article 16a

(7) Article 45 is replaced by the following: ‘Article 45

(8) the following article is inserted: ‘Article 45a

(10) Article 47(2) is replaced by the following: ‘2.   Where the Council decides to subject a natural or legal person, entity or body to the measures referred to in Article 34(1), (2) or (3) or to designate a vessel pursuant to Article 43 it shall amend Annexes XV, XVI, XVII and XVIII accordingly.’;

(11) the following article is inserted: ‘Article 47a

(13) the text set out in Annex I to this Regulation is inserted as Annex XIg;

(14) the text set out in Annex II to this Regulation is inserted as Annex XIh;

(15) the text set out in Annex III to this Regulation is inserted as Annex Xii;

(16) the text set out in Annex IV to this Regulation is inserted as Annex XIj;

(17) the text set out in Annex V to this Regulation is inserted as Annex XIk;

(18) the text set out in Annex VI to this Regulation is inserted as Annex XIl;

(19) Annex XV is amended in accordance with Annex VII to this Regulation;

(20) the text set out in Annex VIII to this Regulation is added as Annex XVIII.

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, 26 February 2018.

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 Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

(4) Council Decision (CFSP) 2018/293 of 26 February 2018 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (OJ L 55, 27.2.2018, p. 50).