28.3.2013 |
EN |
Official Journal of the European Union |
L 90/4 |
COUNCIL REGULATION (EU) No 296/2013
of 26 March 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(1) thereof,
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EC) No 329/2007 (1) gives effect to measures provided for in Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea (2). |
(2) |
On 18 February 2013, the Council adopted Decision 2013/88/CFSP (3) amending Decision 2010/800/CFSP which provided for additional restrictive measures against the Democratic People’s Republic of Korea (‘North Korea’) by giving effect to the additional measures required by United Nations (UN) Security Council Resolution 2087 (2013) and to further autonomous measures of the Union. |
(3) |
Decision 2013/88/CFSP includes an additional criterion for autonomous designation by the Union of persons and entities subject to restrictive measures, namely persons involved in, including through the provision of financial services, the supply to or from North Korea of arms and related material of all types, or of 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. |
(4) |
Furthermore, Decision 2013/88/CFSP prohibits the sale, supply, transfer to North Korea of certain other goods relevant to North Korea’s weapons of mass destruction-related programmes, in particular its ballistic-missile sector, especially certain types of aluminium. |
(5) |
Decision 2013/88/CFSP also prohibits the sale, purchase, transportation or brokering of gold, precious metals and diamonds to, from or for the Government of North Korea and the delivery of newly printed or minted or unissued North Korean denominated banknotes and coinage to or for the benefit of the Central Bank of North Korea, as well as the sale or purchase of North Korean public or public-guaranteed bonds. Furthermore, Decision 2013/88/CFSP clarifies that where the Council has provided for a prohibition on financial services, this includes the provision of insurance and reinsurance services. This necessitates a technical amendment to Regulation (EC) No 329/2007. |
(6) |
Decision 2013/88/CFSP prohibits the opening of new branches, subsidiaries, or representative offices of North Korean banks in the territories of Member States, the establishment of new joint ventures, or the taking of an ownership interest by the North Korean banks, including the Central Bank of North Korea, with banks in the jurisdiction of Member States. |
(7) |
Moreover, in line with paragraph 13 of UN Security Council Resolution 2087 (2013), it is necessary to establish that no claims in connection with the performance of any contract or transaction affected by those measures shall be granted to designated persons or entities or any other person or entity in North Korea. |
(8) |
Regulation (EC) No 329/2007 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is hereby amended as follows:
(1) |
Article 2 is 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 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 (*1). 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. Annex Ib shall include certain key components for the ballistic-missile sector. 3. It shall be prohibited to purchase, import or transport the goods and technology listed in Annexes I, Ia and Ib from North Korea, whether or not the item concerned originates in North Korea. |
(2) |
Article 3(1) is amended as follows:
|
(3) |
in the first subparagraph of Article 3a(1), the words ‘Annexes I and Ia’ are replaced by the words ‘Annexes I, Ia and Ib’; |
(4) |
the following articles are inserted: ‘Article 4a 1. It shall be prohibited:
2. Annex VII shall include gold, precious metals and diamonds subject to the prohibitions referred to in paragraph 1. Article 4b It shall be prohibited to sell, supply, transfer or export, directly or indirectly, newly printed or unissued North Korean denominated banknotes and minted coinage, to or for the benefit of the Central Bank of North Korea.’ ‘Article 5a 1. It shall be prohibited for credit and financial institutions falling within the scope of Article 16:
2. It shall be prohibited:
|
(5) |
Article 6(2) is replaced by the following: ‘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), (c) and (d) of Article 5(1) of Council Decision 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea (*2) have been identified by the Council:
Annex V shall be reviewed at regular intervals and at least every 12 months. |
(6) |
the following articles are inserted: ‘Article 9a It shall be prohibited:
Article 9b 1. No claims in connection with any contract or transaction the performance of which has been affected, directly or indirectly, in whole or in part, by the measures imposed under this Regulation, including claims for indemnity or any other claim of this type, such as a claim for compensation or a claim under a guarantee, notably a claim for extension or payment of a bond, guarantee or indemnity, particularly a financial guarantee or financial indemnity, of whatever form, shall be satisfied, if they are made by:
2. The performance of a contract or transaction shall be regarded as having been affected by the measures imposed under this Regulation where the existence or content of the claim results directly or indirectly from those measures. 3. In any proceedings for the enforcement of a claim, the onus of proving that satisfying the claim is not prohibited by paragraph 1 shall be on the person seeking the enforcement of that claim. 4. This Article is without prejudice to the right of the persons, entities and bodies referred to in paragraph 1 to judicial review of the legality of the non-performance of contractual obligations in accordance with this Regulation.’; |
(7) |
the entries set out in Annex I to this Regulation are inserted in the existing Annex Ia to Regulation (EC) No 329/2007 after entry I.A1.020; |
(8) |
Annex II to this Regulation is inserted as Annex Ib to Regulation (EC) No 329/2007; |
(9) |
Annex III to this Regulation is added as Annex VII 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, 26 March 2013.
For the Council
The President
E. GILMORE
ANNEX I
‘I.A1.021 |
Steel alloys in sheet or plate form, having any of the following characteristics:
Note: the phrase alloys “capable of” encompasses alloys before or after heat treatment. Technical note: “nitrogen-stabilised duplex stainless steel” has a two-phase microstructure consisting of grains of ferritic and austenitic steel with the addition of nitrogen to stabilise the microstructure. |
1C116 1C216 |
||||
I.A1.022 |
Carbon-Carbon Composite material. |
1A002.b.1 |
||||
I.A1.023 |
Nickel alloys in crude or semi-fabricated form, containing 60 % by weight or more nickel. |
1C002.c.1.a |
||||
I.A1.024 |
Titanium alloys in sheet or plate form “capable of” an ultimate tensile strength of 900 MPa or more at 293 K (20 °C). Note: the phrase alloys ‘capable of’ encompasses alloys before or after heat treatment. |
1C002.b.3’ |
ANNEX II
‘ANNEX Ib
Goods referred to in the third subparagraph of Article 2(2)
7601 |
Unwrought aluminium |
7602 |
Aluminium waste and scrap |
7603 |
Aluminium powders and flakes |
7604 |
Aluminium bars, rods and profiles |
7605 |
Aluminium wire |
7606 |
Aluminium plates, sheets and strip, of a thickness exceeding 0,2 mm |
7608 |
Aluminium tubes and pipes |
7609 |
Aluminium tube or pipe fittings (for example, couplings, elbows, sleeves) |
7614 |
Stranded wire, cables, plaited bands and the like, of aluminium, not electrically insulated’ |
ANNEX III
‘ANNEX VII
List of gold, precious metals and diamonds referred to in Article 4a
HS Code |
Description |
7102 |
Diamonds, whether or not worked, but not mounted or set |
7106 |
Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form |
7108 |
Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form |
7109 |
Base metals or silver, clad with gold, not further worked than semi-manufactured |
7110 |
Platinum, unwrought or in semi-manufactured forms, or in powder form |
7111 |
Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured |
7112 |
Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal’ |