ISSN 1977-0677 |
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Official Journal of the European Union |
L 4 |
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English edition |
Legislation |
Volume 61 |
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REGULATIONS |
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DECISIONS |
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Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2018/12
of 8 January 2018
implementing Regulation (EU) 2017/1509 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,
Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 30 August 2017, the Council adopted Regulation (EU) 2017/1509. |
(2) |
On 22 December 2017, the United Nations Security Council adopted Resolution 2397(2017) which added sixteen persons and one entity to the list of natural and legal persons, entities and bodies subject to restrictive measures. |
(3) |
Annex XIII to Regulation (EU) 2017/1509 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex XIII to Regulation (EU) 2017/1509 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the date 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, 8 January 2018.
For the Council
The President
E. KRALEVA
(1) OJ L 224, 31.8.2017, p. 1.
ANNEX
The following persons and entity are added to the list of persons and entities referred to in Article 34(1) and 34(3) as set out in Annex XIII to Regulation (EU) 2017/1509:
(a) Natural persons
|
Name |
Alias |
Identifying information |
Date of UN designation |
Statement of reasons |
64. |
CH'OE SO'K MIN |
|
DOB: 25.7.1978 Nationality: DPRK Gender: male |
22.12.2017 |
Ch'oe So'k-min is an overseas Foreign Trade Bank representative. In 2016, Ch'oe So'k-min was the deputy representative of the Foreign Trade Bank branch office in that overseas location. He has been associated with cash transfers from that overseas Foreign Trade Bank office to banks affiliated with North Korean special organizations and Reconnaissance General Bureau operatives located overseas in an effort to evade sanctions. |
65. |
CHU HYO'K |
Ju Hyok |
DOB: 23.11.1986 Passport No 836420186 issued 28.10.2016 expires 28.10.2021. Nationality: DPRK Gender: male |
22.12.2017 |
Chu Hyo'k is a North Korean national who is an overseas Foreign Trade Bank representative. |
66. |
KIM JONG SIK |
Kim Cho'ng-sik |
YOB: 1967-1969. Nationality: DPRK Gender: male Address: DPRK |
22.12.2017 |
A leading official guiding the DPRK's WMD development efforts. Serving as Deputy Director of the Workers' Party of Korea Munitions Industry Department. |
67. |
KIM KYONG IL |
Kim Kyo'ng-il |
Location: Libya DOB: 1.8.1979 Passport No 836210029. Nationality: DPRK. Gender: male |
22.12.2017 |
Kim Kyong Il is a Foreign Trade Bank deputy chief representative in Libya. |
68. |
KIM TONG CHOL |
Kim Tong-ch'o'l |
DOB: 28.1.1966 Nationality: DPRK Gender: male |
22.12.2017 |
Kim Tong Chol is an overseas Foreign Trade Bank representative. |
69. |
KO CHOL MAN |
Ko Ch'o'l-man |
DOB: 30.9.1967 Passport No 472420180 Nationality: DPRK Gender: male |
22.12.2017 |
Ko Chol Man is an overseas Foreign Trade Bank representative. |
70. |
KU JA HYONG |
Ku Cha-hyo'ng |
Location: Libya DOB: 8.9.1957 Nationality: DPRK Gender: male |
22.12.2017 |
Ku Ja Hyong is a Foreign Trade Bank chief representative in Libya |
71. |
MUN KYONG HWAN |
Mun Kyo'ng-hwan |
DOB: 22.8.1967 Passport No 381120660 expires 25.3.2016. Nationality: DPRK Gender: male |
22.12.2017 |
Mun Kyong Hwan is an overseas Bank of East Land representative. |
72. |
PAE WON UK |
Pae Wo'n-uk |
DOB: 22.8.1969 Nationality: DPRK Passport No 472120208 expires 22.2.2017 Gender: male |
22.12.2017 |
Pae Won Uk is an overseas Daesong Bank representative. |
73. |
PAK BONG NAM |
Lui Wai Ming; Pak Pong Nam; Pak Pong-nam |
DOB: 6.5.1969. Nationality: DPRK Gender: male |
22.12.2017 |
Pak Bong Nam is an overseas Ilsim International Bank representative. |
74. |
PAK MUN IL |
Pak Mun-il |
DOB: 1.1.1965 Passport No 563335509 expires 27.8.2018. Nationality: DPRK Gender: male |
22.12.2017 |
Pak Mun Il is an overseas official of Korea Daesong Bank. |
75. |
RI CHUN HWAN |
Ri Ch'un-hwan |
DOB: 20.8.1965 Passport No 563233049 expires 11.3.2019. Nationality: DPRK Gender: male |
22.12.2017 |
Ri Chun Hwan is an overseas Foreign Trade Bank representative. |
76. |
RI CHUN SONG |
Ri Ch'un-so'ng |
DOB: 30.10.1965 Passport No 654133553 expires 11.3.2019. Nationality: DPRK Gender: male |
22.12.2017 |
Ri Chun Song is an overseas Foreign Trade Bank representative. |
77. |
RI PYONG CHUL |
Ri Pyo'ng-ch'o'l |
YOB: 1948 Nationality: DPRK Gender: Male Address: DPRK |
22.12.2017 |
Alternate Member of the Political Bureau of the Workers' Party of Korea and First Vice Director of the Munitions Industry Department |
78. |
RI SONG HYOK |
Li Cheng He |
DOB: 19.3.1965 Nationality: DPRK Gender: male |
22.12.2017 |
Ri Song Hyok is an overseas representative for Koryo Bank and Koryo Credit Development Bank and has reportedly established front companies to procure items and conduct financial transactions on behalf of North Korea. |
79. |
RI U'N SO'NG |
Ri Eun Song; Ri Un Song |
DOB: 23.7.1969 Nationality: DPRK Gender: Male |
22.12.2017 |
Ri U'n-so'ng is an overseas Korea Unification Development Bank representative. |
(b) Legal persons, entities and bodies
|
Name |
Alias |
Location |
Date of UN designation |
Other information |
54. |
MINISTRY OF THE PEOPLE'S ARMED FORCES (MPAF) |
|
Pyongyang, DPRK |
22.12.2017 |
The Ministry of the People's Armed Forces manages the general administrative and logistical needs of the Korean People's Army |
DECISIONS
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/5 |
COUNCIL DECISION (EU) 2018/13
of 18 December 2017
on the position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’. |
(2) |
Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries as observers. |
(3) |
Serbia shares the aims and objectives of the Agency and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007. |
(4) |
Serbia's ultimate objective is to become a member of the Union, and its participation in the Agency will help it to achieve that objective, |
HAS ADOPTED THIS DECISION:
Sole Article
The position to be adopted on behalf of the European Union within the EU-Serbia Stabilisation and Association Council on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007, shall be based on the draft Decision of the EU-Serbia Stabilisation and Association Council attached to this Decision.
Done at Brussels, 18 December 2017.
For the Council
The President
K. SIMSON
(1) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
DRAFT
DECISION No …/2016 OF THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL
of …
on the participation of Serbia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Council Regulation (EC) No 168/2007
THE EU-SERBIA STABILISATION AND ASSOCIATION COUNCIL,
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States of the one part, and the Republic of Serbia, of the other part (1),
Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28 thereof,
Whereas:
(1) |
The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’. |
(2) |
Serbia shares the aims and objectives of the European Union Agency for Fundamental Rights (the ‘Agency’) and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007. |
(3) |
It is appropriate that the Agency should deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Serbia to the extent necessary for its gradual alignment with Union law. |
(4) |
Serbia should therefore be allowed to participate as an observer in the Agency's work and the modalities of such participation should be defined, including provisions relating to the participation in initiatives undertaken by the Agency, to the financial contribution and to staff. |
(5) |
In accordance with point (a) of Article 12(2) and point (a) of Article 82(3) of the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), the Director of the Agency, by way of exception, may authorise the engagement of nationals of Serbia enjoying their full rights as citizens, |
HAS ADOPTED THIS DECISION:
Article 1
Serbia, as a candidate country, shall participate as an observer in the European Union Agency for Fundamental Rights, established by Regulation (EC) No 168/2007.
Article 2
1. The Agency may deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Serbia to the extent necessary for its gradual alignment with Union law.
2. To that end, the Agency may carry out in Serbia the tasks set out in Articles 4 and 5 of Regulation (EC) No 168/2007.
Article 3
Serbia shall contribute financially to the activities of the Agency referred to in Article 4 of Regulation (EC) No 168/2007 in accordance with the Annex to this Decision.
Article 4
1. Serbia shall appoint persons complying with the criteria provided for in Article 12(1) of Regulation (EC) No 168/2007 as observer and alternate observer, respectively. They may participate in the works of the Management Board on an equal footing with the members and alternate members appointed by Member States, but without a right to vote.
2. Serbia shall nominate a government official as the National Liaison Officer referred to in Article 8(1) of Regulation (EC) No 168/2007.
3. Within four months of the entry into force of this Decision, Serbia shall inform the European Commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2.
Article 5
The data supplied to, or emanating from, the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in Serbia as it is afforded within the Union.
Article 6
The Agency shall enjoy in Serbia the same capacity as that accorded to legal entities under Serbia's law.
Article 7
In order to enable the Agency and its staff to perform their tasks, Serbia shall grant the privileges and immunities identical to those set out in Articles 1 to 4, 5, 6, 10 to 13, 15, 17 and 18 of Protocol No 7 on the privileges and immunities of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Article 8
The Parties shall each take any general or specific measures required to fulfil their obligations under this Decision and shall notify them to the Stabilisation and Association Council.
Article 9
This Decision shall enter into force on the first day of the second month following the date of its adoption.
Done at …,
For the EU-Serbia Stabilisation and Association Council
The President
ANNEX
FINANCIAL CONTRIBUTION OF SERBIA TO THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
1. |
The financial contribution to be paid by Serbia to the general budget of the European Union to participate in the European Union Agency for Fundamental Rights (the ‘Agency’), as laid down in point 2, represents the full cost of its participation therein for the first three years. As of year four, the amounts will be determined in accordance with point 6. |
2. |
The financial contribution to be paid by Serbia to the general budget of the Union for the first three years shall be as follows:
|
3. |
The possible financial support from Union assistance programmes will be agreed separately in accordance with the relevant Union programme. |
4. |
The contribution of Serbia will be managed in accordance with the Financial Regulation (1) applicable to the general budget of the Union. |
5. |
Travel costs and subsistence costs incurred by representatives and experts of Serbia for the purposes of taking part in the Agency's work or in meetings related to the implemention of the Agency's work programme shall be reimbursed by the Agency on the same basis as, and in accordance with the procedures currently in force, for the Member States of the Union. |
6. |
After the entry into force of this Decision and at the beginning of each following year, the Commission will send to Serbia a call for funds corresponding to its contribution to the Agency under this Decision. For the first calendar year of its participation, Serbia will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years, the contribution will be in accordance with the table under point 2 of this Annex. As from year four, the contribution will be adapted in the light of any increase or decrease of the Agency's subsidy in order to maintain the analogy between the contribution for Serbia and the Agency's budget for the EU-28. The contribution may also be reviewed in the following financial years on the basis of the latest statistical data published by the Statistical Office of the European Union (Eurostat). |
7. |
This contribution shall be expressed in EUR and paid into a EUR bank account of the Commission. |
8. |
Serbia will pay its contribution according to the call for funds for its own part within 30 days after the call for funds is sent by the Commission. |
9. |
Any delay in the payment of the contribution shall give rise to the payment of interest by Serbia on the outstanding amount as from the due date. The interest rate corresponds to the rate applied by the European Central Bank on the due date for its operations in EUR, increased by 1,5 percentage points. |
(1) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/9 |
COUNCIL DECISION (EU) 2018/14
of 18 December 2017
on the position to be adopted on behalf of the European Union within the EU-Albania Stabilisation and Association Council on the participation of Albania as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’. |
(2) |
Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries as observers. |
(3) |
Albania shares the aims and objectives of the Agency and subscribes to the scope and descripion of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007. |
(4) |
Albania's ultimate objective is to become a member of the Union, and its participation in the Agency will help it to achieve that objective, |
HAS ADOPTED THIS DECISION:
Sole Article
The position to be adopted on behalf of the European Union within the EU-Albania Stabilisation and Association Council on the participation of Albania as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Regulation (EC) No 168/2007, shall be based on the draft Decision of the EU-Albania Stabilisation and Association Council attached to this Decision.
Done at Brussels, 18 December 2017.
For the Council
The President
K. SIMSON
(1) Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).
DRAFT
DECISION No …/2016 OF THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL
of …
on the participation of Albania as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework of Council Regulation (EC) No 168/2007
THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL,
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (1),
Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28 thereof,
Whereas:
(1) |
The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’. |
(2) |
Albania shares the aims and objectives of the European Union Agency for Fundamental Rights (the ‘Agency’) and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007. |
(3) |
It is appropriate that the Agency should deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Albania to the extent necessary for its gradual alignment with Union law. |
(4) |
Albania should therefore be allowed to participate as an observer in the Agency's work and the modalities of such participation should be defined, including provisions relating to the participation in initiatives undertaken by the Agency, to the financial contribution and to staff. |
(5) |
In accordance with point (a) of Article 12(2) and point (a) of Article 82(3) of the Conditions of Employment of Other Servants of the European Union, laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (3), the Director of the Agency, by way of exception, may authorise the engagement of nationals of Albania enjoying their full rights as citizens, |
HAS ADOPTED THIS DECISION:
Article 1
Albania, as a candidate country, shall participate as an observer in the European Union Agency for Fundamental Rights, established by Regulation (EC) No 168/2007.
Article 2
1. The Agency may deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in Albania to the extent necessary for its gradual alignment with Union law.
2. To that end, the Agency may carry out in Albania the tasks set out in Articles 4 and 5 of Regulation (EC) No 168/2007.
Article 3
Albania shall contribute financially to the activities of the Agency referred to in Article 4 of Regulation (EC) No 168/2007 in accordance with the Annex to this Decision.
Article 4
1. Albania shall appoint persons complying with the criteria provided for in Article 12(1) of Regulation (EC) No 168/2007 as observer and alternate observer, respectively. They may participate in the works of the Management Board on an equal footing with the members and alternate members appointed by Member States, but without a right to vote.
2. Albania shall nominate a government official as the National Liaison Officer referred to in Article 8(1) of Regulation (EC) No 168/2007.
3. Within four months of the entry into force of this Decision, Albania shall inform the European Commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2.
Article 5
The data supplied to, or emanating from, the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in Albania as it is afforded within the Union.
Article 6
The Agency shall enjoy in Albania the same capacity as that accorded to legal entities under Albania's law.
Article 7
In order to enable the Agency and its staff to perform their tasks, Albania shall grant the privileges and immunities identical to those set out in Articles 1 to 4, 5, 6, 10 to 13, 15, 17 and 18 of Protocol No 7 on the privileges and immunities of the European Union, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
Article 8
The Parties shall each take any general or specific measures required to fulfil their obligations under this Decision and shall notify them to the Stabilisation and Association Council.
Article 9
This Decision shall enter into force on the first day of the second month following the date of its adoption.
Done at …,
For the EU-Albania Stabilisation and Association Council
The President
ANNEX
FINANCIAL CONTRIBUTION OF ALBANIA TO THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
1. |
The financial contribution to be paid by Albania to the general budget of the European Union to participate in the European Union Agency for Fundamental Rights (the ‘Agency’), as laid down in point 2, represents the full cost of its participation therein for the first three years. As of year four, the amounts will be determined in accordance with point 6. |
2. |
The financial contribution to be paid by Albania to the general budget of the Union for the first three years shall be as follows:
|
3. |
The possible financial support from Union assistance programmes will be agreed separately in accordance with the relevant Union programme. |
4. |
The contribution of Albania will be managed in accordance with the Financial Regulation (1) applicable to the general budget of the Union. |
5. |
Travel costs and subsistence costs incurred by representatives and experts of Albania for the purposes of taking part in the Agency's work or in meetings related to the implemention of the Agency's work programme shall be reimbursed by the Agency on the same basis as, and in accordance with the procedures currently in force, for the Member States of the Union. |
6. |
After the entry into force of this Decision and at the beginning of each following year, the Commission will send to Albania a call for funds corresponding to its contribution to the Agency under this Decision. For the first calendar year of its participation, Albania will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years, the contribution will be in accordance with the table under point 2 of this Annex. As from year four, the contribution will be adapted in the light of any increase or decrease of the Agency's subsidy in order to maintain the analogy between the contribution for Albania and the Agency's budget for the EU-28. The contribution may also be reviewed in the following financial years on the basis of the latest statistical data published by the Statistical Office of the European Union (Eurostat). |
7. |
This contribution shall be expressed in EUR and paid into a EUR bank account of the Commission. |
8. |
Albania will pay its contribution according to the call for funds for its own part within 30 days after the call for funds is sent by the Commission. |
9. |
Any delay in the payment of the contribution shall give rise to the payment of interest by Albania on the outstanding amount as from the due date. The interest rate corresponds to the rate applied by the European Central Bank on the due date for its operations in EUR, increased by 1,5 percentage points. |
(1) Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/13 |
COUNCIL DECISION (EU) 2018/15
of 18 December 2017
on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) in conjunction with Article 218(9) thereof,
Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) |
The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994. |
(2) |
Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XXI (Statistics) to the EEA Agreement. |
(3) |
Regulation (EU) 2016/792 of the European Parliament and of the Council (3) is to be incorporated into the EEA Agreement. |
(4) |
Annex XXI (Statistics) to the EEA Agreement should therefore be amended accordingly. |
(5) |
The position of the Union within the EEA Joint Committee should therefore be based on the attached draft decision, |
HAS ADOPTED THIS DECISION:
Article 1
The position to be adopted, on behalf of the Union, within the EEA Joint Committee on the proposed amendment to Annex XXI (Statistics) to the EEA Agreement, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 18 December 2017.
For the Council
The President
K. SIMSON
(1) OJ L 305, 30.11.1994, p. 6.
(3) Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, p. 11).
DRAFT
DECISION OF THE EEA JOINT COMMITTEE No …/2017
of …
amending Annex XXI (Statistics) to the EEA Agreement
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
Whereas:
(1) |
Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (1) is to be incorporated into the EEA Agreement. |
(2) |
Regulation (EU) 2016/792 repeals Council Regulation (EC) No 2494/95 (2), which is incorporated into the EEA Agreement and is consequently to be repealed under the EEA Agreement. |
(3) |
Annex XXI to the EEA Agreement should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
The text of point 19a (Council Regulation (EC) No 2494/95) of Annex XXI to the EEA Agreement is replaced by the following:
‘32016 R 0792: Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (OJ L 135, 24.5.2016, p. 11).
The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
This Regulation shall not apply to Liechtenstein.’.
Article 2
The text of Regulation (EU) 2016/792 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Done at Brussels,
For the EEA Joint Committee
The President
The Secretaries to the EEA Joint Committee
(1) OJ L 135, 24.5.2016, p. 11.
(2) OJ L 257, 27.10.1995, p. 1.
(*1) [No constitutional requirements indicated.] [Constitutional requirements indicated.]
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/16 |
COUNCIL IMPLEMENTING DECISION (CFSP) 2018/16
of 8 January 2018
implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,
Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 27 May 2016, the Council adopted Decision (CFSP) 2016/849. |
(2) |
On 22 December 2017, the United Nations Security Council adopted Resolution 2397(2017) which added sixteen persons and one entity to the list of persons and entities subject to restrictive measures. |
(3) |
Annex I to Decision (CFSP) 2016/849 should therefore be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Annex I to Decision (CFSP) 2016/849 is hereby amended as set out in the Annex to this Decision.
Article 2
This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
Done at Brussels, 8 January 2018.
For the Council
The President
E. KRALEVA
(1) OJ L 141, 28.5.2016, p. 79.
ANNEX
The persons and entity listed below shall be added to the list of persons and entities subject to restrictive measures set out in Annex I to Decision (CFSP) 2016/849:
A. Persons
|
Name |
Alias |
Date of birth |
Date of UN designation |
Statement of reasons |
64. |
CH'OE SO'K MIN |
|
DOB: 25.7.1978 Nationality: DPRK Gender: male |
22.12.2017 |
Ch'oe So'k-min is an overseas Foreign Trade Bank representative. In 2016, Ch'oe So'k-min was the deputy representative of the Foreign Trade Bank branch office in that overseas location. He has been associated with cash transfers from that overseas Foreign Trade Bank office to banks affiliated with North Korean special organizations and Reconnaissance General Bureau operatives located overseas in an effort to evade sanctions. |
65. |
CHU HYO'K |
Ju Hyok |
DOB: 23.11.1986 Passport No 836420186 issued 28.10.2016 expires 28.10.2021. Nationality: DPRK Gender: male |
22.12.2017 |
Chu Hyo'k is a North Korean national who is an overseas Foreign Trade Bank representative. |
66. |
KIM JONG SIK |
Kim Cho'ng-sik |
YOB: 1967-1969. Nationality: DPRK Gender: male Address: DPRK |
22.12.2017 |
A leading official guiding the DPRK's WMD development efforts. Serving as Deputy Director of the Workers' Party of Korea Munitions Industry Department. |
67. |
KIM KYONG IL |
Kim Kyo'ng-il |
Location: Libya DOB: 1.8.1979 Passport No 836210029. Nationality: DPRK. Gender: male |
22.12.2017 |
Kim Kyong Il is a Foreign Trade Bank deputy chief representative in Libya. |
68. |
KIM TONG CHOL |
Kim Tong-ch'o'l |
DOB: 28.1.1966 Nationality: DPRK Gender: male |
22.12.2017 |
Kim Tong Chol is an overseas Foreign Trade Bank representative. |
69. |
KO CHOL MAN |
Ko Ch'o'l-man |
DOB: 30.9.1967 Passport No 472420180 Nationality: DPRK Gender: male |
22.12.2017 |
Ko Chol Man is an overseas Foreign Trade Bank representative. |
70. |
KU JA HYONG |
Ku Cha-hyo'ng |
Location: Libya DOB: 8.9.1957 Nationality: DPRK Gender: male |
22.12.2017 |
Ku Ja Hyong is a Foreign Trade Bank chief representative in Libya |
71. |
MUN KYONG HWAN |
Mun Kyo'ng-hwan |
DOB: 22.8.1967 Passport No 381120660 expires 25.3.2016. Nationality: DPRK Gender: male |
22.12.2017 |
Mun Kyong Hwan is an overseas Bank of East Land representative. |
72. |
PAE WON UK |
Pae Wo'n-uk |
DOB: 22.8.1969 Nationality: DPRK Passport No 472120208 expires 22.2.2017 Gender: male |
22.12.2017 |
Pae Won Uk is an overseas Daesong Bank representative. |
73. |
PAK BONG NAM |
Lui Wai Ming; Pak Pong Nam; Pak Pong-nam |
DOB: 6.5.1969 Nationality: DPRK Gender: male |
22.12.2017 |
Pak Bong Nam is an overseas Ilsim International Bank representative. |
74. |
PAK MUN IL |
Pak Mun-il |
DOB 1.1.1965 Passport No 563335509 expires 27.8.2018. Nationality: DPRK Gender: male |
22.12.2017 |
Pak Mun Il is an overseas official of Korea Daesong Bank. |
75. |
RI CHUN HWAN |
Ri Ch'un-hwan |
DOB: 20.8.1965 Passport No 563233049 expires 11.3.2019. Nationality: DPRK Gender: male |
22.12.2017 |
Ri Chun Hwan is an overseas Foreign Trade Bank representative. |
76. |
RI CHUN SONG |
Ri Ch'un-so'ng |
DOB: 30.10.1965 Passport No 654133553 expires 11.3.2019. Nationality: DPRK Gender: male |
22.12.2017 |
Ri Chun Song is an overseas Foreign Trade Bank representative. |
77. |
RI PYONG CHUL |
Ri Pyo'ng-ch'o'l |
YOB: 1948 Nationality: DPRK Gender: Male Address: DPRK |
22.12.2017 |
Alternate Member of the Political Bureau of the Workers' Party of Korea and First Vice Director of the Munitions Industry Department |
78. |
RI SONG HYOK |
Li Cheng He |
DOB: 19.3.1965 Nationality: DPRK Gender: male |
22.12.2017 |
Ri Song Hyok is an overseas representative for Koryo Bank and Koryo Credit Development Bank and has reportedly established front companies to procure items and conduct financial transactions on behalf of North Korea. |
79. |
RI U'N SO'NG |
Ri Eun Song; Ri Un Song |
DOB: 23.7.1969 Nationality: DPRK Gender: Male |
22.12.2017 |
Ri U'n-so'ng is an overseas Korea Unification Development Bank representative. |
B. Entities
|
Name |
Alias |
Location |
Date of UN designation |
Other information |
54. |
MINISTRY OF THE PEOPLE'S ARMED FORCES (MPAF) |
|
Pyongyang, DPRK |
22.12.2017 |
The Ministry of the People's Armed Forces manages the general administrative and logistical needs of the Korean People's Army |
9.1.2018 |
EN |
Official Journal of the European Union |
L 4/20 |
COMMISSION IMPLEMENTING DECISION (EU) 2018/17
of 5 January 2018
amending Implementing Decision 2014/156/EU establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea
(notified under document C(2017) 8687)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy (CFP), amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 95 thereof,
Whereas:
(1) |
Commission Implementing Decision 2014/156/EU (2) establishes a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea. |
(2) |
Regulation (EU) 2016/1627 of the European Parliament and of the Council (3), lays down the general rules for the application by the Union of a multiannual recovery plan for bluefin tuna (Thunnus thynnus) recommended by the International Commission for the Conservation of Atlantic tunas (‘ICCAT’). |
(3) |
At its 40th Annual Meeting in 2016, the General Fisheries Commission for the Mediterranean (GFCM) adopted conservation and management measures in the geographical subareas 17 and 18 (Adriatic Sea) of the GFCM Agreement Area. It is therefore appropriate to extend the scope of the specific control and inspection programme to ensure compliance with these measures in the Southern Adriatic Sea. |
(4) |
At the same meeting in 2016, GFCM approved Recommendation GFCM 40/2016/4 (4) on a multiannual management plan for the fisheries exploiting European hake and deep-water rose shrimp in the Strait of Sicily (geographical sub-areas 12 to 16). The specific control and inspection programme should therefore be amended in order to extend its scope to those fisheries and geographical sub-areas. |
(5) |
At its 20th Special Meeting in November 2016, ICCAT adopted Recommendation [16-05] (5), which establishes a Multi-annual Recovery plan for Mediterranean swordfish and which lays down specific provisions applicable to Mediterranean albacore. It is therefore appropriate to amend the specific control and inspection programme to account for the new international obligations stemming from that Recommendation. |
(6) |
With a view to reduce the administrative burden on the Member States, the dates for transmitting certain information to the Commission and to the European Fisheries Control Agency should be harmonised for all fisheries covered by the specific control and inspection programme. |
(7) |
This specific control and inspection programme should not have a limited validity and should be regularly reviewed and amended, as necessary, to account for any new international obligations binding upon the Union and its Member States, as well as for any other relevant provisions set in the framework of the Common Fisheries Policy. |
(8) |
The measures provided for in this Decision are in accordance with the opinion of the Committee for Fisheries and Aquaculture. |
HAS ADOPTED THIS DECISION:
Article 1
Amendments to Implementing Decision 2014/156/EU
Implementing Decision 2014/156/EU is amended as follows:
1. |
The title is replaced by the following: ‘Commission Implementing Decision 2014/156/EU of 19 March 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, and for certain demersal and pelagic fisheries in the Mediterranean Sea’; |
2. |
Article 1 is replaced by the following: ‘Article 1 Subject matter and definitions 1. This Decision establishes a specific control and inspection programme applicable to fisheries exploiting stocks of:
2. The Eastern Atlantic, the Mediterranean, the Northern and Southern Adriatic Sea and the Strait of Sicily are referred to hereinafter as ‘the areas concerned’. 3. For the purpose of this Decision, the following definitions shall apply:
(*1) Regulation (EU) No 1343/2011 of the European Parliament and the Council of 13 December 2011 on certain provisions for fishing in the GFCM (General Fisheries Commission for the Mediterranean) Agreement area and amending Council Regulation (EC) No 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea. (OJ L 347, 30.12.2011, p. 44)." (*2) Regulation (EC) No 218/2009 of the European Parliament and of the Council of 11 March 2009 on the submission of nominal catch statistics by Member States fishing in the north-east Atlantic (OJ L 87, 31.3.2009, p. 70)’;" |
3. |
in Article 2, paragraph 2 is deleted; |
4. |
in Article 5, paragraph 3 is replaced by the following: ‘3. In case where a fishing vessel flying the flag of a Member State which is not a Member State concerned, or a third country fishing vessel, operates in the area(s) referred to in Article 1, it shall be attributed a level of risk in accordance with paragraph 2 of this Article. In the absence of information and unless its flag authorities provide, in the framework of Article 9, the results of their own risk assessment performed according to Article 4(2) and to paragraph 2 of this Article leading to a different risk level, it shall be considered as a ‘very high’ risk level fishing vessel.’; |
5. |
Article 12 is amended as follows:
|
6. |
Annexes I and II are replaced by the text in the Annex to this Decision. |
Article 2
This Decision is addressed to the Member States.
Done at Brussels, 5 January 2018.
For the Commission
Karmenu VELLA
Member of the Commission
(1) OJ L 343, 22.12.2009, p. 1.
(2) Commission Implementing Decision 2014/156/EU of 19 March 2014 establishing a specific control and inspection programme for fisheries exploiting stocks of bluefin tuna in the Eastern Atlantic and the Mediterranean, swordfish in the Mediterranean and for fisheries exploiting stocks of sardine and anchovy in the Northern Adriatic Sea (OJ L 85, 21.3.2014, p. 15).
(3) Regulation (EU) 2016/1627 of the European Parliament and of the Council of 14 September 2016 on a multiannual recovery plan for bluefin tuna in the eastern Atlantic and the Mediterranean, and repealing Council Regulation (EC) No 302/2009 (OJ L 252, 16.9.2016, p. 1).
(4) Recommendation GFCM/40/2016/4 establishing a multiannual management plan for the fisheries exploiting European hake and deep-water rose shrimp in the Strait of Sicily (GSA 12 to 16)
(5) Recommendation [16-05] by ICCAT replacing the Recommendation [13-04] and establishing a multi-annual recovery plan for Mediterranean swordfish.
ANNEX
ANNEX I
PROCEDURES FOR RISK ASSESSMENT
Each fishing vessel, group of fishing vessels, fishing gear category, operator, and/or fishing related activity, for the stocks and area(s) referred to in Article 1, shall be subject to control and inspections according to the level of priority attributed. The level of priority shall be attributed depending on the results of the risk assessment carried out by each Member State concerned, or by any other Member State for the sole purposes of application of Article 5(3), on the basis of the following procedure:
Risk description [depending on the risk/fishery/area and data available] |
Indicator [depending on the risk/fishery/area and data available] |
Step in the fishery/marketing chain (When and where does the risk appear) |
Points to be considered [depending on the risk/fishery/area and data available] |
Occurrence in the fishery (*1) |
Potential consequence(s) (*1) |
Level of risk (*1) |
[Note: risks identified by Member States should be in line with objectives defined in Article 3] |
|
|
Levels of catches/landings distributed by fishing vessels, stocks, and gears, Availability of quota to fishing vessels, distributed by fishing vessels, stocks and gears, Use of standardized boxes, Level and fluctuation of market price for the landed fisheries products (first sale), Number of inspections previously carried out and number of detected infringements for the fishing vessel and/or other operator concerned, Obligation to land as from 1 January 2015 in accordance with Regulation (EU) of the European Parliament and of the Council No 1380/2013 of 11 December 2013, Background, and/or potential danger, of fraud linked to port/location/area, and metier, including Sport and Recreational vessels Fishing or fishing related activities during spatio-temporal closures, Any other relevant information or intelligence. |
Frequent/ Medium/ Seldom cases/or Not significant |
Serious/ Significant/ Acceptable/or Marginal |
very low/low/medium/high/or very high |
ANNEX II
TARGET BENCHMARKS
1. Level of inspections at sea (including aerial surveillance, where applicable)
On a yearly basis, the following target benchmarks and objectives shall be reached for the inspections at sea of fishing vessels engaged in the fisheries exploiting stocks referred to in Article 1:
Benchmarks per year (*2) |
||
Fishery |
Level of estimated risk for fishing vessels in accordance with Article 5(2) |
|
high |
very high |
|
Fishery No 1 bluefin tuna |
Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the stock in question |
Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the stock in question |
Fishery No 2 swordfish |
Inspection at sea of at least 2,5 % of fishing trips by ‘high risk’ level fishing vessels targeting the stock in question |
Inspection at sea of at least 5 % of fishing trips by ‘very high risk’ level fishing vessels targeting the stock in question |
|
Any risk level |
|
Fishery No 4 sardine and anchovy |
Inspection at sea of at least 20 % of fishing vessels targeting the stocks in question during the respective fishing season |
|
Fishery No 5 European hake and deep-water rose shrimp |
Inspection at sea of at least 30 % of fishing vessels targeting the stocks in question during the respective fishing season |
|
Objectives |
||
Fishery |
Any risk level |
|
Fishery No 1 bluefin tuna |
Without prejudice to the benchmarks set above, for transfers operations the objective shall be to inspect a maximum |
|
Fishery No 3 albacore |
For inspections at sea, priority shall be given to compliance with technical measures and closure periods |
|
Fishery No 1 bluefin tuna Fishery No 2 swordfish Fishery No 5 European hake and deep-water rose shrimp |
Without prejudice to the benchmarks set above, for inspections at sea, priority shall be given to compliance with technical measures and spatio-closure periods, including fisheries restricted areas |
2. Level of inspections ashore (including document based controls and inspections in ports or at first sale)
On a yearly basis, the following target benchmarks and objectives shall be reached for the inspections ashore (including document based controls and inspections in ports or at first sale) of fishing vessels and other operators engaged in the fisheries exploiting stocks referred to in Article 1:
Benchmarks per year (*3) |
||
Fishery |
Level of risk for fishing vessels and/or other operators (first buyer) |
|
high |
very high |
|
Fishery No 1 bluefin tuna |
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels |
Inspection in port of at least 15 % of overall landed quantities by ‘very high risk’ level fishing vessels |
Fishery No 2 swordfish |
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels |
Inspection in port of at least 15 % of overall landed quantities by ‘very high risk’ level fishing vessels |
Fishery No 4 sardine and anchovy |
Inspection in port of at least 10 % of overall landed quantities by ‘high risk’ level fishing vessels |
Inspection in port of at least 15 % overall landed quantities by ‘very high risk’ level fishing vessels |
|
Any risk level |
|
Fishery No 5 European hake and deep-water rose shrimp |
Inspection in port of at least 20 % of overall landed quantities by fishing vessels targeting the stocks in question |
|
Objectives |
||
Fishery |
Any risk level |
|
Fishery No 3 albacore |
For inspections ashore, priority shall be given to compliance with technical measures and closure periods |
|
Fishery No 1 bluefin tuna Fishery No 2 swordfish Fishery No 4 sardine and anchovy |
Without prejudice to the benchmark set above, priority shall be given to compliance with technical measures and closure periods |
Inspections made after landing or transhipment shall in particular be used as a complementary cross-checking mechanism to verify the reliability of the information recorded and reported on catches and landings.
3. Level of inspections in traps and farm installations
On a yearly basis, the following target benchmarks shall be reached for the inspections on traps and farming installations related to bluefin tuna in the areas referred to in Article 1.
Benchmarks per year (*4) |
Level of risk for traps and/or other operators (farm operator or first buyer) |
Any risk level |
|
Fishery No 1 bluefin tuna |
Inspection of 100 % of caging and transfer operations at traps and farm installations, including release of fish. |
Note: To be assessed by Member States. The risk assessment shall consider, on the basis of past experience and using all available information, how likely a non-compliance is to happen and, if it were to happen, the potential consequence.
(*2) expressed in a % of fishing trips in the area by high/very high risk fishing vessels/per year
(*3) expressed in a % of quantities landed by high/very high risk fishing vessels/per year
(*4) expressed in a % of quantities involved in caging operations high/very high risk traps and farming installations/per year