Council Regulation (EU) 2017/658Show full title

Article 1 U.K.

Regulation (EC) No 329/2007 is amended as follows:

(1)

in Article 1, the following point is added:

‘16.

“Services incidental to” means services rendered on a fee or contract basis by units mainly engaged in the production of transportable goods, as well as services typically related to the production of such goods.’;

(2)

the following Article is inserted:

‘Article 3c

1. It shall be prohibited:

(a) to provide, directly or indirectly, any services incidental to mining or any services incidental to manufacturing in the chemical, mining and refining industry, that are referred to in part A of Annex VIII, to any natural or legal person, entity or body in, or for use in, North Korea; and

(b) to provide, directly or indirectly, computer and related services as referred to in part B of Annex VIII, to any natural or legal person, entity or body in, or for use in, North Korea.

2. By way of derogation from paragraph 1(a), the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise the provision of services incidental to mining and the provision of services incidental to manufacturing in the chemical, mining and refining industry, insofar as such services are intended to be used exclusively for development purposes that directly address the needs of the civilian population or the promotion of denuclearisation.

3. The prohibition in paragraph 1(b) shall not apply with respect to computer and related services, insofar as such services are intended to be used exclusively for the official purposes of a diplomatic or consular mission or international organisation enjoying immunities in North Korea in accordance with international law.

4. The prohibition in paragraph 1(b) shall not apply with respect to the provision of computer and related services by public bodies or by legal persons, entities or bodies that receive public funding from the Union or Member States to provide these services for development purposes that directly address the needs of the civilian population or the promotion of denuclearisation.

5. In cases not covered by paragraph 4, and by way of derogation from paragraph 1(b), the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise the provision of computer and related services, insofar as those services are intended to be used exclusively for development purposes that directly address the needs of the civilian population or the promotion of denuclearisation.

6. The prohibitions in paragraph 1 shall not apply to the provision of services until 9 July 2017, due under contracts, agreements or obligations that were concluded or arose prior to 8 April 2017.’;

(3)

in Article 5b, paragraph 2 is replaced by the following:

‘2. It shall be prohibited to:

(a) establish a joint venture with or take or extend any ownership interest, including by acquisition in full or the acquisition of shares or other securities of a participatory nature, in any legal person, entity or body referred to in points (a) to (f) of paragraph 1 that is engaged in North Korea's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related activities or programmes, or in activities in the sectors of mining, refining, chemical, metallurgy and metalworking, and aerospace or conventional arms-related industries;

(b) grant financing or financial assistance to any legal person, entity or body referred to in points (d) to (f) of paragraph 1 or grant financing or financial assistance for the documented purpose of financing such legal persons, entities or bodies;

(c) provide investment services that are directly or indirectly related to the activities referred to in points (a) and (b) of this paragraph.’;

(4)

in Article 13(1), the following point is inserted:

‘(h) amend Annex VIII in order to refine or adapt the list of goods included therein, taking into account information provided by Member States as well as any definition or guidelines that may be issued by the United Nations Statistical Commission, or in order to add reference numbers taken from the Central Product Classification system for goods and services promulgated by the United Nations Statistical Commission.’.