31.8.2017   

EN

Official Journal of the European Union

L 224/118

(1)

On 22 April 2013, the Council adopted Decision 2013/183/CFSP (1) concerning restrictive measures against the Democratic People's Republic of Korea (‘the DPRK’), which replaced Decision 2010/800/CFSP (2) and, inter alia, implemented United Nations Security Council Resolutions (‘UNSCRs’) 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013).

(2)

On 2 March 2016, the UN Security Council adopted UNSCR 2270 (2016) providing for new measures against the DPRK.

(3)

On 31 March 2016, the Council adopted Decision (CFSP) 2016/476 (3) giving effect to those measures.

(4)

On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 (4) concerning restrictive measures against the DPRK, which replaced Decision 2013/183/CFSP and, inter alia, implemented UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

(5)

UNSCR 2270 (2016) provides that the asset freeze is to apply with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, where a UN Member State determines that they are associated with the DPRK's nuclear or ballistic missile programs or other activities prohibited by the relevant UNSCRs. Moreover, the Council considers that persons acting on behalf or at the direction of the entities of the Government of the DPRK or the Workers' Party of Korea that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by the relevant UNSCRs should be subject to travel restrictions.

(6)

The Council considers it necessary to include a new Annex to list those persons and entities.

(7)

UNSCR 2270 (2016) also provides that the asset freeze applicable with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, does not apply where the funds, other financial assets or economic resources, are required to carry out the activities of DPRK's missions to the UN and other specialised agencies.

(8)

Further action by the Union is needed in order to implement certain measures provided for in this Decision.

(9)

Decision (CFSP) 2016/849 should therefore be amended accordingly,

(1)

Article 13 is amended as follows:

(2)

In Article 18, paragraph 2 is replaced by the following:

‘2.   Member States shall prohibit the entry into their ports of any vessel if they have information that provides reasonable grounds to believe that the vessel is owned or controlled, directly or indirectly, by a person or entity listed in Annex I, II, III or V, or contains cargo whose supply, sale, transfer or export is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision.’.

(3)

In Article 20, paragraph 1 is replaced by the following:

‘1.   It shall be prohibited to lease or charter Member States' flagged vessels or aircraft or to provide crew services to the DPRK, any persons or entities listed in Annex I, II, III or V, any other DPRK entities, any other persons or entities whom the Member State determines to have assisted in the evasion of sanctions or in the violation of the provisions of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or of this Decision, any persons or entities acting on behalf or at the direction of any of the aforementioned, or any entities owned or controlled by any of the aforementioned.’.

(4)

In Article 23(1), the following point is added:

(5)

Article 27 is amended as follows:

(6)

Article 28 is replaced by the following:

‘Article 28

Article 27(1)(d), and 27(2) insofar as it refers to the persons and entities covered by Article 27(1)(d), shall not apply with respect to funds, other financial assets or economic resources that are required to carry out the activities of the DPRK's missions to the UN and its specialised agencies and related organisations or other diplomatic and consular missions of the DPRK, or to any funds, other financial assets or economic resources that the Sanctions Committee determines in advance on a case-by-case basis are required for the delivery of humanitarian assistance, denuclearisation or any other purpose consistent with the objectives of UNSCR 2270 (2016).’.

(7)

In Article 32, point (a) is replaced by the following:

(8)

In Article 33, paragraph 2 is replaced by the following:

‘2.   The Council, acting by unanimity on a proposal from Member States or the High Representative of the Union for Foreign Affairs and Security Policy, shall establish the lists in Annex II, III or V and adopt modifications thereto.’.

(9)

In Article 34, paragraph 2 is replaced by the following:

‘2.   Where the Council decides to subject a person or entity to the measures referred to in points (b) or (c) of Article 23(1) or point (b), (c) or (d) of Article 27(1), it shall amend Annex II, III or V accordingly.’.

(10)

Article 35 is replaced by the following:

‘Article 35

1.   Annexes I, II, III and V shall include the grounds for listing of listed persons and entities, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I.

2.   Annexes I, II, III and V shall also include, where available, information necessary to identify the persons or entities concerned, as provided by the UN Security Council or by the Sanctions Committee with regard to Annex I. With regard to persons, such information may include names, including aliases, date and place of birth, nationality, passport and ID card numbers, gender, address, if known, and function or profession. With regard to entities, such information may include names, place and date of registration, registration number and place of business. Annex I shall also include the date of designation by the UN Security Council or by the Sanctions Committee.’.

(11)

In Article 36, paragraph 2 is replaced by the following:

‘2.   The measures referred to in points (b) and (c) of Article 23(1) and points (b), (c) and (d) of Article 27(1) shall be reviewed at regular intervals and at least every 12 months. They shall cease to apply in respect of the persons and entities concerned if the Council determines, in accordance with the procedure referred to in Article 33(2), that the conditions for their application are no longer met.’.

(12)

The Annex set out in the Annex to this Decision is added.