This document is an excerpt from the EUR-Lex website
Document L:2017:265I:FULL
Official Journal of the European Union, L 265 I, 16 October 2017
Official Journal of the European Union, L 265 I, 16 October 2017
Official Journal of the European Union, L 265 I, 16 October 2017
Display all documents published in this Official Journal
|
ISSN 1977-0677 |
||
|
Official Journal of the European Union |
L 265I |
|
|
||
|
English edition |
Legislation |
Volume 60 |
|
Contents |
|
II Non-legislative acts |
page |
|
|
|
REGULATIONS |
|
|
|
* |
||
|
|
* |
||
|
|
|
DECISIONS |
|
|
|
* |
|
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
|
16.10.2017 |
EN |
Official Journal of the European Union |
LI 265/1 |
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:
|
(1) |
Article 16e is replaced by the following: ‘Article 16e 1. By way of derogation from Article 16d, the competent authorities of the Member States may authorise transactions in refined petroleum products that are determined to be exclusively for humanitarian purposes, provided that all of the following conditions are met:
2. The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraph 1.’; |
|
(2) |
Article 16g is replaced by the following: ‘Article 16g 1. By way of derogation from Article 16f, the competent authorities of the Member States may authorise transactions in crude oil, provided that all of the following conditions are met:
2. The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraph 1.’; |
|
(3) |
point (a) of Article 17(2) is replaced by the following:
|
|
(4) |
Article 17a is replaced by the following: ‘Article 17a 1. By way of derogation from point (a) of Article 17(2), the competent authorities of the Member States may authorise such activities, in particular those regarding joint ventures or cooperative entities that are non-commercial, public utility infrastructure projects not generating profit, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis. 2. By way of derogation from point (a) of Article 17(2), and in insofar as they do not relate to joint ventures or cooperative entities, the competent authorities of the Member States may authorise such activities, provided that the Member State has determined that those activities are exclusively for humanitarian purposes, and are not in the sectors of mining, refining, chemical, metallurgy or the metalworking, aerospace or conventional arms-related industries. The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraphs 1 or 2.’; |
|
(5) |
Article 21 is amended as follows:
|
|
(6) |
Article 22 is amended as follows:
|
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).
|
16.10.2017 |
EN |
Official Journal of the European Union |
LI 265/5 |
COUNCIL IMPLEMENTING REGULATION (EU) 2017/1859
of 16 October 2017
implementing 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,
Having regard to 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 (1), and in particular Article 47(2) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 30 August 2017, the Council adopted Regulation (EU) 2017/1509. |
|
(2) |
In view of the DPRK's continued and accelerated nuclear and ballistic programmes in breach of its obligations as set out in several UNSC Resolutions, three persons and six entities should be added to the list of persons and entities in Annexes XV and XVI of Regulation (EU) 2017/1509. |
|
(3) |
Annexes XV and XVI to Regulation (EU) 2017/1509 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annexes XV and XVI to Regulation (EU) 2017/1509 are amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the day 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
ANNEX
I.
The following persons and entities are added to the list of persons, entities and bodies set out in Annex XV to Regulation (EU) 2017/1509 under the corresponding headings.|
(a) |
Natural persons designated in accordance with point (a) of Article 34(4)
|
|
(b) |
Legal persons, entities and bodies designated in accordance with point (a) of Article 34(4).
|
II.
The following text is inserted in Annex XVI to Regulation (EU) 2017/1509, after the heading ‘List of persons, entities or bodies referred to in Article 34(1) and 34(3)’:|
‘(a) |
Natural persons
|
|
(b) |
Legal persons, entities and bodies.
|
DECISIONS
|
16.10.2017 |
EN |
Official Journal of the European Union |
LI 265/8 |
COUNCIL DECISION (CFSP) 2017/1860
of 16 October 2017
amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 29 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 proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
|
(1) |
On 27 May 2016, the Council adopted Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea (DPRK). |
|
(2) |
On 17 July 2017, the Council adopted Conclusions on the DPRK condemning the DPRK's continued and accelerated nuclear and ballistic missile programmes, noted the option of additional autonomous EU sanctions, and expressed concern that the DPRK's activities continue to raise hard currency to fuel its nuclear and ballistic programmes. |
|
(3) |
The Council also reaffirmed its policy of Critical Engagement with the DPRK, which combines pressure with sanctions and other measures while keeping communication and dialogue channels open. |
|
(4) |
On 5 August 2017, the United Nations Security Council (UNSC) adopted Resolution 2371 (2017), imposing further sanctions on the DPRK in response to the ballistic missile launches by the DPRK on 3 and 28 July 2017. In that Resolution, the UNSC expressed concern that, inter alia, DPRK nationals frequently work in other States for the purpose of generating foreign export earnings that the DPRK uses to support its prohibited nuclear and ballistic missile programmes. |
|
(5) |
On 11 September 2017, the UNSC adopted Resolution 2375 (2017), imposing further restrictive measures in response to the nuclear test by the DPRK on 2 September 2017 and the ongoing danger it poses to the peace and stability of the region. |
|
(6) |
In view of the continuing threat to international peace and stability posed by the DPRK, further restrictive measures should be adopted to apply pressure on the DPRK to comply with its obligations, as set out in several UNSC Resolutions. Furthermore, three persons and six entities should be added to the list of persons and entities in Annex II and III of Decision (CFSP) 2016/849. |
|
(7) |
Further action by the Union is necessary to implement certain measures in this Decision. |
|
(8) |
Decision (CFSP) 2016/849 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Decision (CFSP) 2016/849 is amended as follows:
|
(1) |
Article 9 is replaced by the following: ‘Article 9 1. The import, purchase or transfer of petroleum products from the DPRK shall be prohibited. 2. The direct or indirect supply, sale or transfer of all refined petroleum products to the DPRK by nationals of Member States, through or from the territories of Member States, or using the flag vessels or aircraft of Member States shall be prohibited, regardless of whether those refined petroleum products originate in the territories of those Member States. 3. By derogation from the prohibition in paragraph 2, where the amount of refined petroleum products supplied, sold or transferred to the DPRK does not exceed 500 000 barrels during the period from 1 October 2017 to 31 December 2017, or 2 000 000 barrels per year during a period of twelve months beginning on 1 January 2018, and annually thereafter, the Competent Authority of a Member State may authorise on a case-by-case basis the supply, sale or transfer to the DPRK of refined petroleum products where the Competent Authority has determined that the supply, sale or transfer is exclusively for humanitarian purposes, and provided that:
4. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’; |
|
(2) |
Article 9b is replaced by the following: ‘Article 9b 1. The direct or indirect supply, sale or transfer of crude oil to the DPRK by nationals of Member States or through or from the territories of Member States or using the flag vessels or aircraft of Member States shall be prohibited. 2. By derogation from paragraph 1, the prohibition in paragraph 1 shall not apply where a Member State determines that the supply, sale or transfer of crude oil to the DPRK is exclusively for humanitarian purposes and the Sanctions Committee has approved that shipment in advance on a case-by case basis in accordance with paragraph 15 of UNSCR 2375 (2017). 3. The Union shall take the necessary measures in order to determine the relevant items to be covered by this Article.’; |
|
(3) |
Article 11(2) is replaced by the following: ‘2. The following shall be prohibited:
|
|
(4) |
in Article 11 the following paragraph is added: ‘5. Point a of Paragraph 2 a shall not apply to investments which the competent authority of the Member State concerned has determined are exclusively for humanitarian purposes, and provided that they are not in the sectors of mining, refining and chemical industries, metallurgy and metalworking and aerospace.’; |
|
(5) |
point (4) of Article 13 is replaced by the following:
|
|
(6) |
in Article 26a, the following paragraph is added: ‘4. With a view to eliminating remittances to DPRK, and subject to applicable national legal requirements and procedures, Member States shall not renew work authorisations for DPRK nationals present on their territory, except for refugees and other persons benefiting from international protection.’; |
|
(7) |
Annexes II and III are amended as set out in the Annex to this Decision. |
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Luxembourg, 16 October 2017.
For the Council
The President
F. MOGHERINI
ANNEX
1.
Annex II to Council Decision (CFSP) 2016/849, under the heading ‘I. Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘A. Persons’, is amended as follows:|
(a) |
the existing entries are renumbered 1-30; |
|
(b) |
the following entries are added:
|
2.
In Annex II to Decision (CFSP) 2016/849, under the heading ‘I. Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them’, subheading ‘B. Entities’, the following entries are added:|
|
Name |
Location |
Date of designation |
Other Information |
|
‘5. |
Ministry of People's Armed Forces |
|
16.10.2017 |
Responsible for providing support and direction to the DPRK's Strategic Rocket Force which controls the DPRK's nuclear and conventional strategic missile units. The Strategic Rocket Force has been listed by the United Nations Security Council Resolution 2356 (2017). |
|
6. |
Korean People's Army |
|
16.10.2017 |
The Korean People's Army includes the Strategic Rocket Force, which controls the DPRK's nuclear and conventional strategic missile units. The Strategic Rocket Force has been listed by the United Nations Security Council Resolution 2356 (2017).’ |
3.
The following text is added in Annex III to Decision (CFSP) 2016/849, after the heading ‘List of persons and entities referred to in point (c) of Article 23(1) and point (c) of Article 27(1)’:|
‘A. |
Persons
|
|
B. |
Entities
|