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 the joint proposals from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1)
Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People’s Republic of Korea, gives effect to measures provided for in Council Common Position 2006/795/CFSP of 20 November 2006 concerning restrictive measures against the Democratic People’s Republic of Korea, which was later repealed and replaced by Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea.
(2)
On 22 April 2013, the Council adopted Decision 2013/183/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Decision 2010/800/CFSP, renewing the existing measures and giving effect to United Nations Security Council (UNSC) Resolution 2094 (2013).
(3)
The restrictive measures include a prohibition on the provision of technical training, advice, services or technical assistance in relation to prohibited items and it is necessary to expand the scope of that prohibition to include other intermediary services.
(4)
The provision of financial services to additional persons and entities is prohibited, namely those acting on behalf of, or at the direction of designated persons and entities or entities owned or controlled by them, and it is necessary to add an additional listing criteria in Regulation (EC) No 329/2007 to that effect.
(5)
It is necessary to prohibit the establishment of new correspondent relationships with banks in the Democratic People’s Republic of Korea (‘North Korea’) and the maintenance of correspondent relationships with banks in North Korea where there are reasonable grounds to believe that this could contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes or other prohibited activities. Furthermore, financial institutions of Member States shall be prohibited from opening bank accounts in North Korea.
(6)
It is necessary to inspect cargo originating in North Korea or destined for North Korea or brokered or facilitated by North Korea or its nationals, or by individuals or entities acting on their behalf, where there are reasonable grounds to believe that the cargo contains prohibited items. Accordingly, there should be a requirement to submit pre-arrival and pre-departure information. Where a vessel refuses an inspection, it should be denied entry.
(7)
It is necessary to prohibit any aircraft from taking off from, landing in or overflying the territory of the Union, if there are reasonable grounds to believe that the aircraft contains prohibited items.
(8)
Annex I to Regulation (EC) No 329/2007 lists all items, materials, equipment, goods and technology, including software, which are dual-use items or technology as defined in Council Regulation (EC) No 428/2009 which are prohibited to be sold, supplied, transferred, or exported, to any person, entity or body in, or for use in, the North Korea in accordance with Article 2 of Regulation (EC) No 329/2007.
(9)
Annex Ia lists other items, materials, equipment, goods and technology which could contribute to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes which are also prohibited to be sold, supplied, transferred or exported. It is for the Union to take the necessary measures in order to determine the relevant items to be included in that Annex.
(10)
The list of items in Annex Ia to Regulation (EC) No 329/2007 should be amended to add the list of items in Annex I to this Regulation.
(11)
These measures fall within the scope of the Treaty on the Functioning of the European Union and, therefore, in particular with a view to ensuring their uniform application by economic operators in all Member States, regulatory action at the level of the Union is necessary in order to implement them.
(12)
Regulation (EC) No 329/2007 should therefore be amended accordingly,
HAS ADOPTED THIS REGULATION: