COUNCIL REGULATION (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People’s Republic of Korea (DPRK) and repealing Regulation (EC) No 329/2007 was published on 31 August 2017, on the Official Journal of the European Union (OJ L 224/1 of 31/08/2017), repealing Regulation (EC) No 329/2007.
Council Regulation (EC) No 329/2007 has been amended several times and, in view of the extent of the amendments introduced, it has been repealed and replaced by Regulation (EU) 2017/1509.
Council Regulation (EU) 2017/1509 contains amendments introduced by Council Regulation (EU) 2017/1501 of 24 August 2017 (OJ L 221/1 of 26/08/2017) implementing United Nations Security Council (UNSC) Resolution 2371 (2017). The resolution added nine natural persons and four legal persons to the list of persons and entities subject to restrictive measures. And laid down exemptions from those measures with regard to two the Foreign Trade Bank (FTB) and the Korean National Insurance Company (KNIC). In particular, exemptions with regard to funds and economic resources belonging or made available to the Foreign Trade Bank or the Korean National Insurance Company (KNIC) insofar as such funds and economic resources are meant exclusively for the official purposes of a diplomatic or consular mission in North Korea, or for humanitarian assistance activities which are undertaken by, or in coordination with, the United Nations.
The same amendments are introduced, accordingly, by Council Decision (CFSP) 2017/1504 of 24 August 2017 (OJ L 221/22 of 26/08/2017), which modifies Decision (CFSP) 2016/849.
Annex II lists all dual-use items, other nuclear-related, ballistic missile-related and weapons of mass destruction-related items, divided into the following five parts:
- Part I: all goods and technology listed in Annex I to Regulation (EC) No 428/2009 (dual-use items);
- Part II: other items, materials, equipment, goods and technology which could contribute to DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes;
- Part III: certain key components for the ballistic-missile sector;
- Part IV: weapons of mass destruction-related items, materials, equipment, goods and technology identified and designated pursuant to paragraph 25 of UN Security Council Resolution 2270 (2016);
- Part V: weapons of mass destruction-related items, materials, equipment, goods and technology identified and designated pursuant to paragraph 4 of UN Security Council Resolution 2321 (2016).
Article 3 of the Regulation establishes the prohibition:
- to sell, supply, transfer or export, directly or indirectly, all items listed in Annex II, whether or not originating in the Union, to any natural or legal person, entity or body in, or for use in the DPRK;
- to import, purchase or transfer, directly or indirectly, whether or not originating in the DPRK
Article 7, for the same categories of items as well as for items listed in the EU Common List of Military Equipment, establishes the prohibition:
- to provide, directly or indirectly, technical assistance, brokering services, manufacture, maintenance and use;
- to provide, directly or indirectly, financing or financial assistance, including in particular grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply, transfer or export of such items, or for any provision of related technical assistance;
- to obtain, directly or indirectly, technical assistance;
- to obtain, directly or indirectly, financing or financial assistance.
Article 46 empowers the Commission to amend Parts II, III, IV and V of Annex II on the basis of determinations made by either the Sanctions Committee or the United Nations Security Council.
The Regulation prohibits also trade operations related to:
- Aviation fuel (as listed in Annex III)
- Gold, titanium ore, vanadium ore and rare earth minerals (as listed in Annex IV)
- Coal, iron and iron ore (as listed in Annex V)
- Petroleum products (as listed in Annex VI)
- Copper, nickel, silver and zinc (as listed in Annex VII)
- Luxurt goods (as listed in Annex XIII)
- Gold, precious metals and diamonds (as listed in Annex IX)