Council Decision (CFSP) 2017/345Show full title

Council Decision (CFSP) 2017/345

of 27 February 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 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(1) concerning restrictive measures against the Democratic People's Republic of Korea (the ‘DPRK’) which, inter alia, implemented United Nations Security Council Resolution (‘UNSCR’) 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

(2) On 30 November 2016, the UN Security Council adopted UNSCR 2321 (2016), expressing its gravest concern at the nuclear test conducted by the DPRK on 9 September 2016 in violation of the relevant UN Security Council resolutions, further condemning the DPRK's ongoing nuclear and ballistic-missile activities in serious violation of the relevant UN Security Council resolutions, and determining that there continues to exist a clear threat to international peace and security in the region and beyond.

(3) In UNSCR 2321 (2016), the UN Security Council expresses its concern that the personal luggage and checked baggage of individuals entering or departing from the DPRK may be used to transport items the supply, sale or transfer of which is prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016) or 2321 (2016), and clarifies that such luggage and baggage constitute ‘cargo’ for the purposes of implementing paragraph 18 of UNSCR 2270 (2016), thereby referring to the obligation to inspect the cargo.

(4) In UNSCR 2321 (2016), the UN Security Council calls upon Member States to reduce the number of staff at DPRK diplomatic missions and consular posts.

(5) In UNSCR 2321 (2016), the UN Security Council expresses its concern that prohibited items may be transported to and from the DPRK by rail and by road and underscores that the obligation in paragraph 18 of UNSCR 2270 (2016) to inspect cargo within or transiting through Member States' territories includes cargo being transported by rail and by road.

(6) UNSCR 2321 (2016) notes that for the purpose of its implementation and that of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), the term ‘transit’ includes, but is not limited to, the travel of individuals through a State's international airport terminals en route to a destination in another State, regardless of whether such individuals pass through customs or passport control at that airport.

(7) UNSCR 2321 (2016) introduces a maximum aggregate of coal that may be imported from the DPRK, and establishes a mechanism for monitoring and verifying this. As part of this mechanism, Member States that import coal from the DPRK are called upon to periodically review the UN website to ensure that the total aggregate for imports of coal has not been reached.

(8) UNSCR 2321 (2016) recalls that DPRK diplomatic agents are prohibited from practising any professional or commercial activity for personal profit in the receiving State.

(9) In UNSCR 2321 (2016), the UN Security Council expresses concern that DPRK nationals are sent to work in other States for the purpose of earning hard currency that the DPRK uses for its nuclear and ballistic-missile programmes, and calls upon States to exercise vigilance over this practice.

(10) In UNSCR 2321 (2016), the UN Security Council reiterates its concern that bulk cash may be used to evade measures imposed by the Security Council, and calls upon Member States to be alert to that risk.

(11) UNSCR 2321 (2016) expresses the UN Security Council's commitment to a peaceful, diplomatic and political solution to the situation and reaffirms its support to the Six Party Talks and calls for their resumption.

(12) UNSCR 2321 (2016) affirms that the DPRK's actions are to be kept under continuous review and that the UN Security Council is prepared to strengthen, modify, suspend or lift the measures as necessary in light of the DPRK's compliance, and that it is determined to take further significant measures in the event of a further DPRK nuclear test or launch.

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

(14) Member States should share relevant information with the other Member States to support the effective EU-wide implementation of the provisions of this Decision.

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

HAS ADOPTED THIS DECISION:

(1)

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 (OJ L 141, 28.5.2016, p. 79).