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Document 32013R0696
Council Regulation (EU) No 696/2013 of 22 July 2013 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Regulation (EU) No 696/2013 of 22 July 2013 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
Council Regulation (EU) No 696/2013 of 22 July 2013 amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
OJ L 198, 23.7.2013, p. 22–27
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 31/08/2017; Implicitly repealed by 32017R1509
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Modifies | 32007R0329 | Replacement | article 5 BI.1 point A) | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 11 BI.1 | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 1.9 | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 5 BI.1 point E) | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 11 TR | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 5 BI.1 point D) | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 6.2 | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 3 BI | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 5 BI.1 point B) | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 8 point C) | 24/07/2013 | |
Modifies | 32007R0329 | Addition | annex V BI | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 3 TR | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 3.1 point A) | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 5.4 | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 6.4 | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 6.1 | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 6.3 | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 7 | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 3 QT | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 11 QT | 24/07/2013 | |
Modifies | 32007R0329 | Addition | article 5 BI.1 point C) | 24/07/2013 | |
Modifies | 32007R0329 | Amendment | annex I BI | 24/07/2013 | |
Modifies | 32007R0329 | Replacement | article 5.1 | 24/07/2013 |
Relation | Act | Comment | Subdivision concerned | From | To |
---|---|---|---|---|---|
Implicitly repealed by | 32017R1509 | 01/09/2017 |
23.7.2013 |
EN |
Official Journal of the European Union |
L 198/22 |
COUNCIL REGULATION (EU) No 696/2013
of 22 July 2013
amending Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People’s Republic of Korea
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 (1), 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 (2), 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 (3). |
(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 (4), 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 (5) 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:
Article 1
Regulation (EC) No 329/2007 is amended as follows:
(1) |
in Article 1, the following point is added:
|
(2) |
in Article 3(1), point (a) is replaced by the following:
|
(3) |
Article 3a is replaced by the following: ‘Article 3a 1. To prevent the transfer of goods and technology which are covered by the EU Common List of Military Equipment or the supply, sale, transfer, export or import of which is prohibited by this Regulation, and in addition to the obligation to provide the competent customs authorities with the pre-arrival and pre-departure information as determined in the relevant provisions concerning entry and exit summary declarations as well as customs declarations in Council Regulation (EEC) No 2913/92 (*1) and in Commission Regulation (EEC) No 2454/93 (*2), the person who provides the information referred to in paragraph 2 of this Article, shall declare whether the goods are covered by the EU Common List of Military Equipment or by this Regulation and, where their export is subject to authorisation, specify the particulars of the export licence granted. 2. The required additional elements referred to in this Article shall be submitted either in written form or using a customs declaration as appropriate. 3. Where there are reasonable grounds to believe that a vessel may contain items prohibited under this Regulation, it shall be prohibited to accept, or provide access to ports in the territory of the Union to:
4. The prohibitions in paragraph 3 shall not restrict access to ports in case of an emergency. 5. The prohibitions in paragraph 3 shall not restrict access to ports where such access is required for inspection purposes. 6. The prohibitions in paragraph 3 shall not restrict any vessel flying the flag of a Member State from accessing ports of its flag state. 7. It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent paragraph 3. |
(4) |
the following Articles are inserted: ‘Article 3b The provision of bunkering or ship supply services, or any other servicing of vessels, to North Korean vessels is prohibited where the providers of the service have information, including from the competent customs authorities on the basis of the pre-arrival and pre-departure information referred to in Article 3a(1), that provides reasonable grounds to believe that the vessels carry items whose supply, sale, transfer or export is prohibited under this Regulation, unless the provision of such services is necessary for humanitarian purposes. Article 3c 1. Except where prohibited by paragraph 8 of UN Security Council Resolution 1718 (2006), paragraphs 9, 10 and 23 of UN Security Council Resolution 1874 (2009), paragraph 9 of UN Security Council Resolution 2087 (2013), paragraphs 7 and 20 of UN Security Council Resolution 2094 (2013) or relevant measures under successor UN Security Council Resolutions, the competent authorities may authorise, under such terms and conditions as they deem appropriate, transactions in relation to goods and technology referred to in Article 2(1) of this Regulation or assistance or brokering services referred to in Article 3(1), provided that the goods and technology, assistance or brokering services are for food, agricultural, medical or other humanitarian purposes. 2. The Member State concerned shall inform the other Member States and the Commission, within four weeks, of authorisations granted under this Article.’; |
(5) |
Article 5 is amended as follows:
|
(6) |
in Article 5a, paragraph 1 is amended as follows:
|
(7) |
in Article 6, paragraphs 1 to 4 are replaced by the following: ‘1. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex IV shall be frozen. Annex IV shall include the persons, entities and bodies designated by the Sanctions Committee or the UN Security Council in accordance with paragraph 8(d) of UN Security Council Resolution 1718 (2006), and paragraph 8 of UN Security Council Resolution 2094 (2013). 2. All funds and economic resources belonging to, owned, held or controlled by the persons, entities and bodies listed in Annex V shall be frozen. Annex V shall include persons, entities and bodies not listed in Annex IV, who, in accordance with point (b) of Article 15(1) of Decision 2013/183/CFSP, have been identified by the Council:
2a. All funds and economic resources belonging to, owned, held or controlled by persons, entities or bodies in Annex Va shall be frozen. Annex Va shall include the persons, entities or bodies not covered by Annex IV or V who are working on behalf of or at the direction of a person, entity or body listed in Annex IV or V or persons assisting in the evasion of sanctions or violating the provisions of this Regulation, or of Decision 2013/183/CSFP. Annex Va shall be reviewed at regular intervals and at least every 12 months. 3. Annexes IV, V and Va shall include where available information on listed natural persons for the purpose of identifying sufficiently the persons concerned. Such information may include:
Annexes IV, V and Va shall also include the grounds for listing, such as occupation. Annexes IV, V and Va may also include information on identification purposes as set out in this paragraph on family members of the persons listed, provided that this information is necessary in a specific case for the sole purpose of verifying the identity of the listed natural person concerned. 4. No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of the natural or legal persons, entities or bodies listed in Annexes IV, V and Va.’; |
(8) |
Article 7 is replaced by the following: ‘Article 7 1. By way of derogation from Article 6, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as they deem appropriate, after having determined that the funds or economic resources concerned are:
2. By way of derogation from Article 6, the competent authorities of the Member States, as indicated on the websites listed in Annex II, may authorise the release of certain frozen funds or economic resources or the making available of certain frozen funds or economic resources, after having determined that the funds or economic resources are necessary for extraordinary expenses, provided that:
3. The Member State concerned shall inform other Member States and the Commission of any authorisation granted under paragraphs 1 and 2.’; |
(9) |
in Article 8, point (c) is replaced by the following:
|
(10) |
in Article 11a, paragraph 1 is replaced by the following: ‘1. Credit and financial institutions which fall within the scope of Article 16 shall, in their activities with credit and financial institutions referred to in paragraph 2, and in order to prevent such activities contributing to North Korea’s nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes or to prevent other activities prohibited by this Regulation, or by Decision 2013/183/CFSP:
|
(11) |
the following Article is inserted: ‘Article 11b 1. Where there are reasonable grounds to believe that an aircraft may contain items whose supply, sale, transfer or export is prohibited under Articles 2, 4 or 4a, it shall be prohibited for that aircraft to:
2. Paragraph 1 shall not restrict aircraft from making an emergency landing. 3. Paragraph 1 shall not restrict aircraft registered in Member State from landing for inspection of prohibited items. 4. It shall be prohibited to participate, knowingly and intentionally, in activities the object or effect of which is to circumvent paragraph 1.’; |
(12) |
the following Article is inserted: ‘Article 11c 1. The freezing of funds and economic resources or the refusal to make funds or economic resources available, carried out in good faith on the basis that such action is in accordance with this Regulation, shall not give rise to liability of any kind on the part of the natural or legal person, entity or body implementing it, or its directors or employees, unless it is proved that the funds and economic resources were frozen or withheld as a result of negligence. 2. The measures set out in the present Regulation shall not give rise to liability of any kind on the part of the natural or legal persons, entities or bodies concerned, if they did not know, and had no reasonable cause to suspect, that their actions would infringe these prohibitions.’; |
(13) |
Annex Ia to Regulation (EC) No 329/2007 is amended in accordance with the text set out in Annex I to this Regulation. Annex II to this Regulation is inserted as Annex Va to Regulation (EC) No 329/2007. |
Article 2
This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 22 July 2013.
For the Council
The President
C. ASHTON
(2) OJ L 322, 22.11.2006, p. 32.
(3) OJ L 341, 23.12.2010, p. 32.
ANNEX I
Annex Ia to Regulation (EC) No 329/2007 is amended as follows:
— |
The following entries shall be inserted after entry I.A1.024:
|
— |
The entry I.A2.002 shall be replaced by the following:
|
— |
The following entry shall be inserted after entry I.A6.012:
|
ANNEX II
‘ANNEX Va
LIST OF PERSONS, ENTITIES OR BODIES REFERRED TO IN ARTICLE 6(2a) ’