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Document 32009R1283
Council Regulation (EU) No 1283/2009 of 22 December 2009 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
Council Regulation (EU) No 1283/2009 of 22 December 2009 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
Council Regulation (EU) No 1283/2009 of 22 December 2009 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
OJ L 346, 23.12.2009, p. 1–25
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV) This document has been published in a special edition(s)
(HR)
No longer in force, Date of end of validity: 31/08/2017; Implicitly repealed by 32017R1509
23.12.2009 |
EN |
Official Journal of the European Union |
L 346/1 |
COUNCIL REGULATION (EU) No 1283/2009
of 22 December 2009
amending Council 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 (1) and (2) thereof,
Having regard to Council Common Position 2009/573/CFSP of 27 July 2009 (1) and Council Decision 2009/1002/CFSP of 22 December 2009 (2) amending Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea,
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the Commission,
Whereas:
(1) |
On 20 November 2006, the Council adopted Common Position 2006/795/CFSP (3) concerning restrictive measures against the Democratic People's Republic of Korea (hereinafter referred to as ‘North Korea’) and implementing United Nations Security Council Resolution (UNSCR) 1718 (2006). |
(2) |
In accordance with UNSCR 1874 (2009), additional restrictive measures were imposed against North Korea by Common Position 2009/573/CFSP, including notably a prohibition on the supply, sale or transfer of certain 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. Decision 2009/1002/CFSP specifies that this prohibition shall include all dual-use goods and technology listed in Annex I to Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items (Recast) (4). |
(3) |
Common Position 2009/573/CFSP also provides for the inspection of certain cargoes to and from North Korea and, in the case of aircraft and vessels, for the supply of additional pre-arrival or pre-departure information in respect of goods brought into or out of the Union. This information must be provided in accordance with the provisions on entry and exit summary declarations of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5), and Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (6). |
(4) |
Common Position 2009/573/CFSP also provides for a prohibition on bunkering services or any other services for North Korea's vessels in order to prevent the transport of items whose export is prohibited under Regulation (EC) No 329/2007 (7). |
(5) |
Common Position 2009/573/CFSP also extends measures to freeze funds to other categories of persons and introduces financial vigilance measures in respect of the activities of financial institutions which could contribute to North Korea's nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes. |
(6) |
These measures fall within the scope of the Treaty and, notably with a view to ensuring their uniform application by economic operators in all Member States, Union legislation is therefore necessary in order to implement them as far as the Union is concerned. |
(7) |
Regulation (EC) No 329/2007 should therefore be amended accordingly. |
(8) |
Any processing of personal data of natural persons under this Regulation should respect Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8) and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (9). |
(9) |
In order to ensure that the measures provided for in this Regulation are effective, this Regulation should enter into force immediately, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is hereby amended as follows:
1. |
Article 1(8) shall be replaced by the following: ‘8. “territory of the Union” means the territories of the Member States to which the Treaty is applicable, under the conditions laid down in the Treaty, including their airspace.’; |
2. |
Article 2 shall be replaced by the following: ‘Article 2 1. It shall be prohibited:
2. Annex I shall include all items, materials, equipment, goods and technology, including software, which are dual-use items or technology as defined in Regulation (EC) No 428/2009 (10). Annex Ia shall include 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. 3. It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I and Ia from North Korea, whether the item concerned originates or not in North Korea. |
3. |
Article 3(1) shall be replaced by the following: ‘1. It shall be prohibited:
|
4. |
The following Article shall be inserted: ‘Article 3a 1. In order to prevent the transfer of goods and technology listed in Annexes I and Ia which could contribute to North Korea's nuclear-related, other weapons of mass destruction-related or ballistic missile-related programmes, or of the luxury goods listed in Annex III, cargo aircraft and merchant vessels to and from North Korea and North Korean vessels shall be required to submit pre-arrival or pre-departure information, for all goods brought into or out of the Union, to the competent customs authorities of the Member State concerned. The rules governing the obligation to provide pre-arrival or pre-departure information, in particular the time limits to be respected and data to be required, shall be as laid down in the applicable provisions concerning entry and exit summary declarations as well as customs declarations in Regulation (EC) No 648/2005 of the European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (11), and Commission Regulation (EC) No 1875/2006 of 18 December 2006 amending Regulation (EEC) No 2454/93 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (12). Furthermore, cargo aircraft and merchant vessels to and from North Korea, or their representatives, shall declare whether the goods are covered by this Regulation and, if their export is subject to authorisation, specify the particulars of the export licence granted. Until 31 December 2010 the entry and exit summary declarations and the required additional elements referred to in this Article may be submitted in written form using commercial, port or transport information, provided that it contains the necessary particulars. As from 1 January 2011, the required additional elements referred to in this Article shall be submitted either in written form or using the entry and exit summary declarations as appropriate. 2. The provision by nationals of Member States or from the territories of Member States 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 paragraph 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. |
5. |
Article 6 shall be replaced by the following: ‘Article 6 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 UNSCR 1718 (2006). 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 points (b) and (c) of Article 4(1) of Common Position 2006/795/CFSP, have been identified by the Council:
Annex V shall be reviewed at regular intervals and at least every 12 months. 3. Annexes IV and V shall include, where available, information on listed natural persons for the purpose of identifying sufficiently the persons concerned. Such information may include:
Annexes IV and V shall also include the grounds for listing, such as occupation. Annexes IV and V may also include information for 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 and V. 5. The participation, knowingly and intentionally, in activities the object or effect of which is, directly or indirectly, to circumvent the measures referred to in paragraphs 1 and 2 shall be prohibited.’; |
6. |
Article 7 shall be 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, under such conditions as they deem appropriate, the release of certain frozen funds or economic resources or the making available of certain funds or economic resources, if the following conditions are met:
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.’; |
7. |
Article 8 shall be replaced by the following: ‘Article 8 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, if the following conditions are met:
|
8. |
Article 9 shall be replaced by the following: ‘Article 9 1. Article 6(4) shall not prevent financial or credit institutions in the Union from crediting frozen accounts where they receive funds transferred by third parties to the account of a listed natural or legal person, entity or body, provided that any additions to such accounts will also be frozen. The financial or credit institution shall inform the competent authorities about such transactions without delay. 2. Article 6(4) shall not apply to the addition to frozen accounts of:
provided that any such interest, other earnings and payments are frozen in accordance with Article 6(1) or 6(2).’; |
9. |
Article 11 shall be replaced by the following: ‘Article 11 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 or 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 prohibitions set out in point (b) of Article 3(1) and in Article 6(4) shall not give rise to any kind of liability 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.’; |
10. |
The following Article shall be inserted: ‘Article 11a 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:
2. The measures set out in paragraph 1 shall apply to credit and financial institutions in their activities with:
|
11. |
Article 13 shall be replaced by the following: ‘Article 13 1. The Commission shall be empowered to:
2. The Commission shall process personal data in order to carry out the tasks incumbent on it under this Regulation and in accordance with the provisions of Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (13). |
12. |
Article 16 shall be replaced by the following: ‘Article 16 This Regulation shall apply:
|
13. |
Annex I shall be replaced by the text in Annex I to this Regulation; |
14. |
Annex IV shall be replaced by the text in Annex II to this Regulation; |
15. |
The text in Annex III to this Regulation shall be added as Annex V; |
16. |
The text in Annex IV to this Regulation shall be added as Annex VI. |
Article 2
This Regulation shall enter into force on the day 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 December 2009.
For the Council
The President
A. CARLGREN
(1) OJ L 197, 29.7.2009, p. 111.
(2) OJ L 344, 23.12.2009, p. 47
(3) OJ L 322, 22.11.2006, p. 32.
(4) OJ L 134, 29.5.2009, p. 1.
(5) OJ L 302, 19.10.1992, p. 1.
ANNEX I
‘ANNEX I
GOODS AND TECHNOLOGY REFERRED TO IN ARTICLES 2 AND 3
All goods and technology listed in Annex I to Regulation (EC) No 428/2009.
‘ANNEX Ia
GOODS AND TECHNOLOGY REFERRED TO IN ARTICLES 2 AND 3
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.
1. |
Unless otherwise stated, reference numbers used in the column entitled “Description” refer to the descriptions of dual use items and technology set out in Annex I to Regulation (EC) No 428/2009. |
2. |
A reference number in the column entitled “Related item from Annex I to Regulation (EC) No 428/2009” means that the characteristics of the item described in the column “Description” lie outside the parameters set out in the description of the dual use entry referred to. |
3. |
Definitions of terms between “single quotation marks” are given in a technical note to the relevant item. |
4. |
Definitions of terms between “double quotation marks” can be found in Annex I to Regulation (EC) No 428/2009. |
GENERAL NOTES
1. |
The object of the prohibitions contained in this Annex should not be defeated by the export of any non-prohibited goods (including plants) containing one or more prohibited components when the prohibited component or components are the principal element of the goods and can feasibly be removed or used for other purposes.
N.B.: In judging whether the prohibited component or components are to be considered the principal element, it is necessary to weigh the factors of quantity, value and technological know-how involved and other special circumstances which might establish the prohibited component or components as the principal element of the goods being procured. |
2. |
Goods specified in this Annex include both new and used goods. |
GENERAL TECHNOLOGY NOTE (GTN)
(To be read in conjunction with Part C)
1. |
The sale, supply, transfer or export of “technology” which is “required” for the “development”, “production” or “use” of goods the sale, supply, transfer or export of which is prohibited in Part A (Goods) below, is prohibited in accordance with the provisions of Part B. |
2. |
The “technology”“required” for the “development”, “production” or “use” of prohibited goods remains under prohibition even when applicable to non-prohibited goods. |
3. |
Prohibitions do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those goods which are not prohibited. |
4. |
Prohibitions on “technology” transfer do not apply to information “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications. |
A. GOODS
NUCLEAR MATERIALS, FACILITIES, AND EQUIPMENT
I.A0. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||
I.A0.001 |
Hollow cathode lamps as follows:
|
|
||||||
I.A0.002 |
Faraday isolators in the wavelength range 500 nm – 650 nm |
|
||||||
I.A0.003 |
Optical gratings in the wavelength range 500 nm – 650 nm |
|
||||||
I.A0.004 |
Optical fibres in the wavelength range 500 nm – 650 nm coated with anti-reflecting layers in the wavelength range 500 nm – 650 nm and having a core diameter greater than 0,4 mm but not exceeding 2 mm. |
|
||||||
I.A0.005 |
Nuclear reactor vessel components and testing equipment, other than those specified in 0A001, as follows:
|
0A001 |
||||||
I.A0.006 |
Nuclear detection systems, other than those specified in 0A001.j. or 1A004.c., for detection, identification or quantification of radioactive materials or radiation of nuclear origin and specially designed components thereof. N.B: For personal equipment refer to I.A1.004 below. |
0A001.j. 1A004.c. |
||||||
I.A0.007 |
Bellows-sealed valves other than those specified in 0B001.c.6., 2A226 or 2B350, made of aluminium alloy or stainless steel type 304, 304L or 316L. |
0B001.c.6.2A226 2B350 |
||||||
I.A0.008 |
Laser mirrors, other than those specified in 6A005.e., consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica or sapphire). Note: This item does not cover optical systems specially designed for astronomical applications, except if the mirrors contain fused silica. |
0B001.g.5. 6A005.e. |
||||||
I.A0.009 |
Laser lenses, other than those specified in 6A005.e.2, consisting of substrates having a thermal expansion coefficient of 10-6 K-1 or less at 20 °C (e.g. fused silica). |
0B001.g. 6A005.e.2. |
||||||
I.A0.010 |
Pipes, piping, flanges, fittings made of, or lined with nickel, or nickel alloy containing more than 40 % nickel by weight, other than those specified in 2B350.h.1. |
2B350 |
||||||
I.A0.011 |
Vacuum pumps other than those specified in 0B002.f.2. or 2B231, as follows:
|
0B002.f.2. 2B231 |
||||||
I.A0.012 |
Shielded enclosures for the manipulation, storage and handling of radioactive substances (hot cells). |
0B006 |
||||||
I.A0.013 |
“Natural uranium” or “depleted uranium” or thorium in the form of metal, alloy, chemical compound or concentrate and any other material containing one or more of the foregoing, other than those specified in 0C001. |
0C001 |
||||||
I.A0.014 |
Detonation chambers having a capacity of explosion absorption of more than 2,5 kg TNT equivalent. |
|
SPECIAL MATERIALS AND RELATED EQUIPMENT
I.A1. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||||||||
I.A1.001 |
Bis(2-ethylhexyl) phosphoric acid (HDEHP or D2HPA) Chemical Abstract Number (CAS): [CAS 298-07-7] solvent in any quantity, with a purity greater than 90 %. |
|
||||||||||||||||||||||
I.A1.002 |
Fluorine gas CAS: [7782-41-4], with a purity of at least 95 %. |
|
||||||||||||||||||||||
I.A1.003 |
Ring-shaped seals and gaskets, having an inner diameter of 400 mm or less, made of any of the following materials:
|
1A001 |
||||||||||||||||||||||
I.A1.004 |
Personal equipment for detecting radiation of nuclear origin, other than that specified in 1A004.c., including personal dosimeters. |
1A004.c. |
||||||||||||||||||||||
I.A1.005 |
Electrolytic cells for fluorine production, other than those specified in 1B225, with an output capacity greater than 100 g of fluorine per hour. |
1B225 |
||||||||||||||||||||||
I.A1.006 |
Catalysts, other than those specified in 1A225 or 1B231, containing platinum, palladium or rhodium, usable for promoting the hydrogen isotope exchange reaction between hydrogen and water for the recovery of tritium from heavy water or for the production of heavy water. |
1A225 1B231 |
||||||||||||||||||||||
I.A1.007 |
Aluminium and its alloys, other than those specified in 1C002.b.4. or 1C202.a, in crude or semi-fabricated form having either of the following characteristics:
Technical note: The phrase alloys “capable of” encompasses alloys before or after heat treatment. |
1C002.b.4. 1C202.a. |
||||||||||||||||||||||
I.A1.008 |
Magnetic metals, of all types and of whatever form, other than those specified in 1C003.a. having an “initial relative permeability” of 120 000 or more and a thickness between 0,05 mm and 0,1 mm. Technical note: Measurement of “initial relative permeability” must be performed on fully annealed materials. |
1C003.a. |
||||||||||||||||||||||
I.A1.009 |
“Fibrous or filamentary materials” or prepregs, other than those specified in 1C010.a., 1C010.b., 1C210.a. or 1C210.b. as follows:
|
1C010.a. 1C010.b. 1C210.a. 1C210.b. |
||||||||||||||||||||||
I.A1.010 |
Resin-impregnated or pitch-impregnated fibres (prepregs), metal or carbon-coated fibres (preforms) or “carbon fibre preforms”, as follows:
|
1C010 1C210 |
||||||||||||||||||||||
I.A1.011 |
Reinforced silicon carbide ceramic composites usable for nose tips, re-entry vehicles, nozzle flaps, usable in “missiles”, other than those specified in 1C107. |
1C107 |
||||||||||||||||||||||
I.A1.012 |
Not used |
|
||||||||||||||||||||||
I.A1.013 |
Tantalum, tantalum carbide, tungsten, tungsten carbide and alloys thereof, other than those specified in 1C226, having both of the following characteristics:
|
1C226 |
||||||||||||||||||||||
I.A1.014 |
“Elemental powders” of cobalt, neodymium or samarium or alloys or mixtures thereof containing at least 20 % by weight of cobalt, neodymium or samarium, with a particle size less than 200 μm. Technical note: “Elemental powder” means a high purity powder of one element. |
|
||||||||||||||||||||||
I.A1.015 |
Pure tributyl phosphate (TBP) [CAS No 126-73-8] or any mixture having a TBP content of more than 5 % by weight. |
|
||||||||||||||||||||||
I.A1.016 |
Maraging steel, other than those specified by 1C116 or 1C216. Technical notes:
|
1C116 1C216 |
||||||||||||||||||||||
I.A1.017 |
Metals, metal powders and material as follows:
|
1C117 1C226 |
||||||||||||||||||||||
I.A1.018 |
Soft magnetic alloys, other than those specified in 1C003, having a chemical composition as follows:
|
1C003 |
||||||||||||||||||||||
I.A1.019 |
Not used |
|
||||||||||||||||||||||
I.A1.020 |
Graphite, other than that specified in 0C004 or 1C107.a, designed or specified for use in Electrical Discharge Machining (EDM) machines |
0C004 1C107a |
MATERIALS PROCESSING
I.A2. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||||||||||||
I.A2.001 |
Vibration test systems, equipment and components thereof, other than those specified in 2B116:
Technical note: “bare table” means a flat table, or surface, with no fixture or fittings. |
2B116 |
||||||||||||||||||||||||||
I.A2.002 |
Machine tools, other than those specified in 2B001.c. or 2B201.b., for grinding having positioning accuracies with “all compensations available” equal to or less (better) than 15 μm according to ISO 230/2 (1988) (1) or national equivalents along any linear axis. |
2B001.c. 2B201.b. |
||||||||||||||||||||||||||
I.A2.002a |
Components and numerical controls, specially designed for machine tools specified in 2B001, 2B201, or I.A2.002 above. |
|
||||||||||||||||||||||||||
I.A2.003 |
Balancing machines and related equipment as follows:
Technical note: “Indicator heads” are sometimes known as balancing instrumentation. |
2B119 |
||||||||||||||||||||||||||
I.A2.004 |
Remote manipulators that can be used to provide remote actions in radiochemical separation operations or hot cells, other than those specified in 2B225, having either of the following characteristics:
Technical note: Remote manipulators provide translation of human operator actions to a remote operating arm and terminal fixture. They may be of master/slave type or operated by joystick or keypad. |
2B225 |
||||||||||||||||||||||||||
I A2.005 |
Controlled atmosphere heat treatment furnaces or oxidation furnaces capable of operation at temperatures above 400 °C Note: This item does not cover tunnel kilns with roller or car conveyance, tunnel kilns with conveyor belt, pusher type kilns or shuttle kilns, specially designed for the production of glass, tableware ceramics or structural ceramics. |
2B226 2B227 |
||||||||||||||||||||||||||
I.A2.006 |
Not used |
|
||||||||||||||||||||||||||
I.A2.007 |
“Pressure transducers”, other than those defined in 2B230, capable of measuring absolute pressures at any point in the range 0 to 200 kPa and having both of the following characteristics:
Technical note: For the purposes of 2B230, “accuracy” includes non-linearity, hysteresis and repeatability at ambient temperature. |
2B230 |
||||||||||||||||||||||||||
I.A2.008 |
Liquid-liquid contacting equipment (mixer-settlers, pulsed columns, centrifugal contactors); and liquid distributors, vapour distributors or liquid collectors designed for such equipment, where all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:
Technical note: “Carbon graphite” is a composition consisting of amorphous carbon and graphite, in which the graphite content is 8 % or more by weight. |
2B350.e. |
||||||||||||||||||||||||||
I.A2.009 |
Industrial equipment and components, other than those specified in 2B350.d., as follows: Heat exchangers or condensers with a heat transfer surface area greater than 0,05 m2, and less than 30 m2; and tubes, plates, coils or blocks (cores) designed for such heat exchangers or condensers, where all surfaces that come in direct contact with the fluid(s) are made from any of the following materials:
Note: This item does not cover vehicle radiators. Technical note: The materials used for gaskets and seals and other implementation of sealing functions do not determine the status of control of the heat exchanger. |
2B350.d. |
||||||||||||||||||||||||||
I.A2.010 |
Multiple-seal, and seal-less pumps, other than those specified in 2B350.i, suitable for corrosive fluids, with manufacturer's specified maximum flow-rate greater than 0,6 m3/hour, or vacuum pumps with manufacturer's specified maximum flow-rate greater than 5 m3/hour [measured under standard temperature (273 K or 0 °C) and pressure (101,3 kPa) conditions]; and casings (pump bodies), preformed casing liners, impellers, rotors or jet pump nozzles designed for such pumps, in which all surfaces that come in direct contact with the chemical(s) being processed are made from any of the following materials:
Technical note: The materials used for gaskets and seals and other implementation of sealing functions do not determine the status of control of the pump. |
2B350.i. |
||||||||||||||||||||||||||
I.A2.011 |
“Centrifugal separators”, other than those specified in 2B352.c., capable of continuous separation without the propagation of aerosols and manufactured from:
Technical note: “Centrifugal separators” include decanters. |
2B352.c. |
||||||||||||||||||||||||||
I.A2.012 |
Sintered metal filters, other than those specified in 2B352.d., made of nickel or nickel alloy with more than 40 % nickel by weight. |
2B352.d. |
||||||||||||||||||||||||||
I.A2.013 |
Spin-forming machines and flow-forming machines, other than those specified by 2B009, 2B109 or 2B209 and specially designed components therefor. Technical note: For the purpose of this item, machines combining the functions of spin-forming and flow-forming are regarded as flow-forming machines. |
2B009 2B109 2B209 |
ELECTRONICS
I.A3. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
||||||||||||||||
I.A3.001 |
High voltage direct current power supplies, other than those specified in 0B001.j.5. or 3A227, having both of the following characteristics:
|
0B001.j.5. 3A227 |
||||||||||||||||
I.A3.002 |
Mass spectrometers, other than those specified in 0B002.g or 3A233, capable of measuring ions of 200 atomic mass units or more and having a resolution of better than 2 parts in 200, as follows, and ion sources therefor:
|
0B002.g 3A233 |
||||||||||||||||
I.A3.003 |
Frequency changers or generators, other than those specified by 0B001.b.13 or3A225, having all of the following characteristics, and specially designed components and software therefor:
Technical notes:
|
0B001.b.13. 3A225 |
||||||||||||||||
I.A3.004 |
Spectrometers and diffractometers, designed for the indicative test or quantitative analysis of the elemental composition of metals or alloys without chemical decomposition of the material. |
|
SENSORS AND LASERS
I.A6. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
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I.A6.001 |
Yttrium aluminium garnet (YAG) rods. |
|
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I.A6.002 |
Optical equipment and components, other than those specified in 6A002 or 6A004.b as follows: Infrared optics in the wavelength range 9 μm – 17 μm and components thereof, including cadmium telluride (CdTe) components. |
6A002 6A004.b. |
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I.A6.003 |
Wave front corrector systems, other than mirrors specified in 6A004.a, 6A005.e or 6A005.f., for use with a laser beam having a diameter exceeding 4 mm, and specially designed components thereof, including control systems, phase front sensors and “deformable mirrors” including bimorph mirrors. |
6A004.a. 6A005.e. 6A005.f. |
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I.A6.004 |
Argon ion “lasers”, other than those specified in 0B001.g.5, 6A005 and or 6A205.a., having an average output power equal to or greater than 5 W. |
0B001.g.5. 6A005.a.6. 6A205.a. |
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I.A6.005 |
Semiconductor “lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.b., and components thereof, as follows:
Notes:
|
0B001.g.5. 0B001.h.6. 6A005.b. |
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I.A6.006 |
Tunable semiconductor “lasers” and tunable semiconductor “laser” arrays, other than those specified in 0B001.h.6. or 6A005.b., of a wavelength between 9 μm and 17 μm, as well as array stacks of semiconductor “lasers” containing at least one tunable semiconductor “laser” array of such wavelength. Note: Semiconductor “lasers” are commonly called “laser” diodes. |
0B001.h.6. 6A005.b. |
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I.A6.007 |
Solid state “tunable”“lasers”, other than those specified in 0B001.g.5., 0B001.h.6. or 6A005.c.1., and specially designed components thereof as follows:
|
0B001.g.5. 0B001.h.6. 6A005.c.1. |
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I.A6.008 |
Neodymium-doped (other than glass) “lasers”, other than those specified in 6A005.c.2.b., having an output wavelength greater than 1,0 μm but not exceeding 1,1 μm and output energy exceeding 10 J per pulse. |
6A005.c.2.b. |
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I.A6.009 |
Components of acousto-optics, as follows:
|
6A203.b.4. |
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I.A6.010 |
Radiation-hardened cameras, or lenses thereof, other than those specified in 6A203.c., specially designed, or rated as radiation-hardened, to withstand a total radiation dose greater than 50 × 103 Gy(silicon) (5 × 106 rad (silicon)) without operational degradation. Technical note: The term Gy(silicon) refers to the energy in Joules per kilogram absorbed by an unshielded silicon sample when exposed to ionising radiation. |
6A203.c. |
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I.A6.011 |
Tunable pulsed dye laser amplifiers and oscillators, other than those specified in 0B001.g.5, 6A005 and or 6A205.c., having all of the following characteristics:
Note: This item does not cover single mode oscillators. |
0B001.g.5. 6A005 6A205.c. |
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I.A6.012 |
Pulsed carbon dioxide “lasers”, other than those specified in, 0B001.h.6., 6A005.d. or 6A205.d., having all of the following characteristics:
|
0B001.h.6. 6A005.d. 6A205.d. |
NAVIGATION AND AVIONICS
I.A7. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
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I.A7.001 |
Inertial navigation systems and specially designed components thereof, as follows:
Note: The parameters of a.1. and a.2. are applicable with any of the following environmental conditions:
Technical notes:
|
7A001 7A003 7A101 7A103 |
AEROSPACE AND PROPULSION
I.A9. Goods
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.A9.001 |
Explosive bolts. |
|
B. SOFTWARE
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.B.001 |
Software required for the development, production or use of the items in Part A. (Goods). |
|
C. TECHNOLOGY
No |
Description |
Related item from Annex I to Regulation (EC) No 428/2009 |
I.C.001 |
Technology required for the development, production or use of the items in Part A. (Goods). |
|
(1) Manufacturers calculating positioning accuracy in accordance with ISO 230/2 (1997) should consult the competent authorities of the Member State in which they are established.
ANNEX II
‘ANNEX IV
List of persons, entities and bodies referred to in Article 6(1)
A. |
Natural persons:
|
B. |
Legal persons, entities and bodies
|
ANNEX III
‘ANNEX V
LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 6(2)
A. Persons
# |
Name (and possible aliases) |
Identifying information |
Reasons |
1. |
CHANG Song-taek (alias JANG Song-Taek) |
Date of birth: 2.2.1946 or 06.02.1946 or 23.02.1946 (North Hamgyong province) Passport number (as of 2006): PS 736420617 |
Member of the National Defence Commission. Director of the Administrative Department of the Korean Workers’ Party. |
2. |
CHON Chi Bu |
|
Member of the General Bureau of Atomic Energy, former technical director of Yongbyon. |
3. |
CHU Kyu-Chang (alias JU Kyu-Chang) |
Date of birth: between 1928 and 1933 |
First Deputy Director of the Defence Industry Department (ballistics programme), Korean Workers’ Party, Member of the National Defence Commission. |
4. |
HYON Chol-hae |
Year of birth: 1934 (Manchuria, China) |
Deputy Director of the General Political Department of the People's Armed Forces (military adviser to Kim Jong Il). |
5. |
JON Pyong-ho |
Year of birth: 1926 |
Secretary of the Central Committee of the Korean Workers’ Party, Head of the Central Committee's Military Supplies Industry Department controlling the Second Economic Committee of the Central Committee, member of the National Defence Commission. |
6. |
KIM Tong-un |
Year of birth: 1936 Passport number: 554410660 |
Director of “Office 39” of the Central Committee of the Workers’ Party, which is involved in proliferation financing. |
7. |
KIM-Yong-chun (alias Young-chun) |
Date of birth: 04.03.1935 |
Deputy Chairman of the National Defence Commission, Minister for the People's Armed Forces, special adviser to Kim Jong Il on nuclear strategy. |
8. |
O Kuk-Ryol |
Year of birth: 1931 (Jilin Province, China) |
Deputy Chairman of the National Defence Commission, supervising the acquisition abroad of advanced technology for nuclear and ballistics programmes. |
9. |
PAEK Se-bong |
Year of birth: 1946 |
Chairman of the Second Economic Committee (responsible for the ballistics programme) of the Central Committee of the Korean Workers’ Party. Member of the National Defence Commission. |
10. |
PAK Jae-gyong (alias Chae-Kyong) |
Year of birth: 1933 Passport number: 554410661 |
Deputy Director of the General Political Department of the People's Armed Forces and Deputy Director of the Logistics Bureau of the People's Armed Forces (military adviser to Kim Jong II). |
11. |
PYON Yong Rip (alias Yong-Nip) |
Date of birth: 20.09.1929 Passport number: 645310121 (issued on 13.09.2005) |
President of the Academy of Science, involved in WMD-related biological research. |
12. |
RYOM Yong |
|
Director of the General Bureau of Atomic Energy (entity designated by the United Nations), in charge of international relations. |
13. |
SO Sang-kuk |
Year of birth: between 1932 and 1938 |
Head of the Department of Nuclear Physics, Kim Il Sung University. |
B. Entities and bodies
# |
Name (and possible aliases) |
Identifying information |
Reasons |
1. |
Yongbyon Nuclear Research Centre |
|
Research centre which has taken part in the production of military-grade plutonium. Centre maintained by the General Bureau of Atomic Energy (entity designated by the United Nations, 16.07.2009). |
2. |
Korea Pugang Mining and Machinery Corporation ltd |
|
Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.04.2009); operates facilities for the production of aluminium powder, which can be used in missiles. |
3. |
Korean Ryengwang Trading Corporation |
|
Subsidiary of Korea Ryongbong General Corporation (entity designated by the United Nations, 24.04.2009). |
4. |
Sobaeku United Corp. (alias Sobaeksu United Corp.) |
|
State-owned company, involved in research into, and the acquisition of, sensitive products and equipment. It possesses several deposits of natural graphite, which provide raw material for two processing facilities which, inter alia, produce graphite blocks that can be used in missiles.’ |
ANNEX IV
‘ANNEX VI
LIST OF CREDIT AND FINANCIAL INSTITUTIONS, BRANCHES AND SUBSIDIARIES REFERRED TO IN ARTICLE 11A ’