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

• Published date: 11 October 2017
• Subject Matter: Common foreign and security policy
• Official Gazette Publication: Official Journal of the European Union, L 261, 11 October 2017

11.10.2017 EN Official Journal of the European Union L 261/17

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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

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 of 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.

(2) On 11 September 2017, the United Nations Security Council (‘UNSC’) adopted Resolution 2375 (2017) (‘UNSCR 2375 (2017)’), in which it expressed the gravest concern for both the nuclear test by the Democratic People's Republic of Korea (‘DPRK’)on 2 September 2017 and the danger posed to the peace and stability of the region and beyond by the DPRK's ongoing nuclear- and ballistic missile-related activities. The UNSC also determined that a clear threat to international peace and security continues to exist.

(3) UNSCR 2375 (2017) extends the prohibition on the export and import of certain goods to and from the DPRK and the restrictions on investment in the DPRK.

(4) UNSCR 2375 (2017) also prohibits issuing work authorisations for DPRK nationals in the jurisdiction of Member States.

(5) UNSCR 2375 (2017) furthermore provides for enhanced maritime interdiction of cargo vessels.

(6) Further action by the Union is necessary to implement certain measures in this Decision.

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

HAS ADOPTED THIS DECISION:

Article 1

Decision (CFSP) 2016/849 is amended as follows:

(1) in Article 1(1), point (b) is replaced by the following: ‘(b) all items, materials, equipment, goods and technology, as determined by the UN Security Council or the Committee established pursuant to paragraph 12 of UNSCR 1718 (2006) (“the Sanctions Committee”) in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006), paragraph 5(b) of UNSCR 2087 (2013), paragraph 20 of UNSCR 2094 (2013), paragraph 25 of UNSCR 2270 (2016) and paragraph 4 of UNSCR 2375 (2017), which could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes;’;

(2) in Article 1(1), point (i) is replaced by the following: ‘(i) any other item listed in the conventional arms dual-use list adopted by the Sanctions Committee pursuant to paragraph 7 of UNSCR 2321 (2016) and paragraph 5 of UNSCR 2375 (2017).’;

(3) the following Article is inserted: ‘Article 6c 1. The procurement of textiles (including but not limited to fabrics and partially or fully completed apparel products) from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not originating in the territory of the DPRK. 2. Paragraph 1 shall not apply where the Sanctions Committee has granted approval in advance on a case-by-case basis. 3. Member States may allow imports of textiles (including but not limited to fabrics and partially or fully completed apparel products) for which written contracts have been finalised prior to 11 September 2017, up to 10 December 2017, provided that the Sanctions Committee is notified by 24 January 2018 with details about those imports.’;

(4) Article 9 is replaced by the following: ‘Article 9 1. The import, purchase or transfer from the DPRK of petroleum products shall be prohibited. 2. The direct or indirect supply, sale or transfer 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, and whether or not originating in their territories, of all refined petroleum products shall be prohibited. 3. Paragraph 2 shall not apply with respect to the direct or indirect supply, sale or transfer 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, and whether or not originating in their territories, of refined petroleum products in the amount of up to 500

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