28.2.2017   

EN

Official Journal of the European Union

L 50/1

(1)

Council Regulation (EC) No 329/2007 (2) gives effect to measures provided for in Decision (CFSP) 2016/849, which, inter alia, repealed and replaced Decision 2013/183/CFSP (3). On 30 November 2016, the United Nations Security Council adopted Resolution 2321 (2016) providing for new measures against the Democratic People's Republic of Korea. These include export bans for copper, nickel, silver, zinc, statues, helicopters, vessels, the tightening of the prohibitions in the transport sector and new restrictions in the banking sector.

(2)

On 27 February 2017, the Council adopted Decision (CFSP) 2017/345 (4), giving effect to these measures.

(3)

Regulation (EC) No 329/2007 should therefore be amended accordingly.

(4)

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

(1)

in Article 1, the following point is added:

(2)

Article 2 is amended as follows:

(3)

the following Articles are inserted:

‘Article 4c

1.   It shall be prohibited to import, purchase or transfer from North Korea, directly or indirectly, statues as listed in Annex IIIa, whether or not originating in North Korea.

2.   By way of derogation from the prohibition in paragraph 1, the relevant competent authority of a Member State, as identified on the websites listed in Annex II, may authorise import, purchase or transfer, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

Annex IIIa shall include the statues referred to in paragraph 1.

Article 4d

1.   It shall be prohibited to sell, supply, transfer or export, directly or indirectly, helicopters and vessels, as listed in Annex IIIb, to North Korea.

2.   By way of derogation from the prohibition in paragraph 1, the relevant competent authority of a Member State, as identified on the websites listed in Annex II, may authorise such sale, supply, transfer or export, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

3.   Annex IIIb shall include the helicopters and vessels referred to in paragraph 1.

Article 4e

1.   It shall be prohibited to:

2.   For the purposes of this Article “real property” means land, buildings and parts thereof which are located outside the territory of North Korea.’;

(4)

in Article 5, paragraph 1 is replaced by the following:

‘1.   Cargo, including personal luggage and checked baggage, within or transiting through the Union, including airports, seaports and free zones, as referred to in Articles 243 to 249 of Regulation (EU) No 952/2013, shall be liable for inspection for the purposes of ensuring that it does not contain items prohibited by UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016) or by this Regulation where:

(5)

in Article 5a(1d), point (a) is replaced by the following:

(6)

in Article 5a, paragraph 1e is deleted;

(7)

in Article 5a, paragraph 1f is replaced by the following:

‘1f.   By way of derogation from points (a) and (c) of paragraph 1d, the relevant competent authority of the Member State, as identified on the websites listed in Annex II, may authorise certain representative offices, subsidiaries or bank accounts to remain operational, provided that the Sanctions Committee has determined on a case-by-case basis that such offices, subsidiaries or accounts are required for the delivery of humanitarian activities or the activities of diplomatic missions in North Korea or the activities of the UN or its specialised agencies or related organisations or any other purpose consistent with the objectives of UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016).’;

(8)

the following Article is inserted:

‘Article 5aa

1.   It shall be prohibited for credit and financial institutions falling within the scope of Article 16 to open a bank account for North Korean diplomatic missions or consular posts, and their North Korean members.

2.   Credit and financial institutions falling within the scope of Article 16 shall, at the latest on 11 April 2017, close any bank account held or controlled by a North Korean diplomatic mission or consular post, and their North Korean members.

3.   By way of derogation from paragraph 1, the relevant competent authority of a Member State, as indicated on the websites listed in Annex II, may authorise, upon request of a North Korean diplomatic mission, consular post, or one of their members, the opening of one bank account per mission, post and member, provided that the mission or post is hosted in that Member State or the member of the mission or post is accredited to that Member State.

4.   By way of derogation from paragraph 2, the relevant competent authority of a Member State, as indicated on the websites listed in Annex II, may authorise a bank account to remain open, upon request by a North Korean mission, post, or one of their members, provided that the Member State has determined that the mission or post is hosted in that Member State or the member of that mission or post is accredited to that Member State and they do not hold any other bank account within that Member State. In the event that the mission, post or the North Korean member hold more than one bank account within that Member State, the mission, post, or member may indicate which bank account shall be retained.

5.   Subject to the applicable rules of the 1961 Vienna Convention on Diplomatic Relations and the 1963 Vienna Convention on Consular Relations, the Member States shall inform the other Member States and the Commission of the names and identifying information of any North Korean members of the diplomatic mission and consular post accredited to that Member State, at the latest on 13 March 2017, and of subsequent updates within one week of any change to that list. The Member States shall inform the other Member States and the Commission of any authorisation granted pursuant to paragraphs 3 and 4. The relevant competent authority of a Member State, as indicated on the websites listed in Annex II, may inform credit and financial institutions in that Member State of the identity of any North Korean member of a diplomatic mission or consular post accredited to that or any other Member State.’;

(9)

in Article 6, the following paragraph is inserted:

‘1a.   All vessels listed in Annex IVa and the funds and economic resources held by them shall be frozen, if the Sanctions Committee decides so. Annex IVa shall include the vessels that have been designated by the Sanctions Committee pursuant to paragraph 12 of UN Security Council Resolution 2321 (2016).’;

(10)

Article 9b is replaced by the following:

‘Article 9b

1.   It shall be prohibited to provide financing or financial assistance for trade with North Korea, including the granting of export credits, guarantees or insurance, to natural or legal persons, entities or bodies involved in such trade.

2.   By way of derogation from paragraph 1, the relevant competent authority of the Member State, as identified on the websites listed in Annex II, may authorise financial support for trade with North Korea, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

3.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraph 2.’;

(11)

Article 11a is amended as follows:

(12)

Article 11b is replaced by the following:

‘Article 11b

1.   It shall be prohibited to:

2.   By way of derogation from the prohibition in paragraph 1(a), the relevant competent authority of a Member State, as identified on the websites listed in Annex II, may authorise the leasing, chartering or provision of crew services, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

3.   By way of derogation from the prohibitions in paragraph 1(b) and (c), the relevant competent authority of the Member State, as identified on the websites listed in Annex II, may authorise the owning, leasing, operating of, or providing vessel classification services or associated services to any North Korea flagged vessel, or the registration, or maintenance on the register, of any vessel that is owned, controlled or operated by North Korea or North Korean nationals, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

4.   By way of derogation from the prohibition in paragraph 1(e), the competent authority of a Member State, as identified on the websites listed in Annex II, may authorise the provision of insurance or reinsurance services, provided that the Sanctions Committee has determined in advance on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by North Korean individuals or entities to generate revenue or exclusively for humanitarian purposes.

5.   The Member State concerned shall inform the other Member States and the Commission of any authorisation granted under paragraphs 2, 3 and 4.’;

(13)

the following Article is inserted:

‘Article 11c

By way of derogation from the prohibitions arising from UN Security Council Resolution 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2070 (2016) or 2321 (2016), the relevant competent authority of a Member State, as identified on the websites listed in Annex II, 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 North Korea for the benefit of the civilian population in North Korea, pursuant to paragraph 46 of UN Security Council Resolution 2321 (2016).’;

(14)

in Article 13(1), points (c), (d) and (g) are replaced by the following: