Commission Implementing Regulation (EU) 2017/661 of 6 April 2017 amending Council Regulation (EC) No 329/2007 concerning restrictive measures against the Democratic People's Republic of Korea
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Address https://gelex.eu/eli/EU/regulation/2017/661@2017-04-06/en
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic Republic of Korea, and in particular Article 13(1)b, c, e and g thereof,
Whereas:
(1) Regulation (EC) No 329/2007 gives effect to measures provided for in Council Decision (CFSP) 2016/849.
(2) Annex II to Regulation (EC) No 329/2007 should be updated with the latest information provided by Member States regarding the identification of competent authorities.
(3) On 30 November 2016, the United Nations Security Council (UNSC) adopted Resolution 2321 (2016) providing for new measures against the Democratic People's Republic of Korea, including an import ban for copper, nickel, silver, zinc and statues, and an export ban for helicopters and vessels. On 27 February 2017 the Council adopted Regulation (EU) 2017/330 amending Regulation (EC) No 329/2007 accordingly, adding Annexes Ih, IIIa and IIIb. The copper, nickel, silver and zinc, the statues and the helicopters and vessels to be included in these Annexes should now be identified, and they should be allocated the reference numbers taken from the Combined Nomenclature as set out in Annex I to Council Regulation (EEC) No 2658/87.
(4) UNSCR 2321 (2016) also further refines the list of luxury goods, already subject to an export ban, set out in Annex III to Regulation (EC) No 329/2007.
(5) On 6 April 2017, the Council decided to add four natural persons to the list of persons and entities subject to restrictive measures.
(6) Annexes Ih, II, III, IIIa, IIIb and V of Regulation (EC) No 329/2007 should therefore be amended accordingly,
(7) In order to ensure that the measures provided for in this Regulation are effective, this Regulation must enter into force immediately,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 329/2007 is amended as follows:
(1) Annex Ih is replaced by the text in Annex I to this Regulation.
(2) Annex II is replaced by the text in Annex II to this Regulation.
(3) Annex III is amended in accordance with Annex III to this Regulation.
(4) Annex IIIa is replaced by the text in Annex IV to this Regulation.
(5) Annex IIIb is replaced by the text in Annex V to this Regulation.
(6) Annex V is amended in accordance with Annex VI to this Regulation.
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, 6 April 2017. For the Commission, On behalf of the President, Acting Head of the Service for Foreign Policy Instruments
ANNEX
ANNEX I
ANNEX Ih
Copper, nickel, silver and zinc referred to in point (b) of Article 2(4):
Copper –––– –– ––– –– ––– –
2603 Copper ores and concentrates 74 Copper and articles thereof 8536 90 95 30 Rivet contacts of copper plated with silver nickel alloy AgNi10 or with silver containing by weight 11,2 % (± 1,0 %) of tin oxide and of indium oxide taken together with a thickness of the plating of 0,3 mm (– 0/+ 0,015mm) ex 8538 90 99 Copper parts suitable for use solely or principally with the apparatus of heading 8535, 8536 or 8537 Winding wire: 8544 11 of copper Other copper electric conductors, for a voltage not exceeding 1000 V: ex 8544 42 Fitted with connectors ex 8544 49 Other Other electric conductors, for a voltage exceeding 1000 V: 8544 60 10 With copper conductors
Nickel –– –
2604 Nickel ores and concentrates Ferro-alloys: 7202 60 Ferro-nickel Wire of stainless steel: 7223 00 11 Containing by weight 28 % or more but not more than 31 % of nickel and 20 % or more but not more than 22 % of chromium 75 Nickel and articles thereof 8105 90 00 10 Bars or wires made of cobalt alloy containing, by weight: conforming to the material specifications AMS 5842, of a kind used in the aerospace industry
35 % (± 2 %) cobalt,
25 % (± 1 %) nickel,
19 % (± 1 %) chromium and
7 % (± 2 %) iron
Silver
2616 10 Silver ores and concentrates
Zinc
2608 Zinc ores and concentrates 79 Zinc and articles thereof
ANNEX II
ANNEX II
Websites for information on the competent authorities referred to in Articles 5, 7, 8, 10 and 15, and address for notifications to the European Commission: Address for notifications to the European Commission: European Commission Service for Foreign Policy Instruments (FPI) EEAS 07/99 B-1049 Brussels Belgium E-mail: relex-sanctions@ec.europa.eu
BELGIUM http://diplomatie.belgium.be/en/policy/policy_areas/peace_and_security/sanctions
BULGARIA http://www.mfa.bg/en/pages/135/index.html
CZECH REPUBLIC http://www.mfcr.cz/mezinarodnisankce
DENMARK http://um.dk/da/Udenrigspolitik/folkeretten/sanktioner/
GERMANY http://www.bmwi.de/DE/Themen/Aussenwirtschaft/aussenwirtschaftsrecht,did=404888.html
ESTONIA http://www.vm.ee/est/kat_622/
IRELAND http://www.dfa.ie/home/index.aspx?id=28519
GREECE http://www.mfa.gr/en/foreign-policy/global-issues/international-sanctions.html
SPAIN http://www.exteriores.gob.es/Portal/en/PoliticaExteriorCooperacion/GlobalizacionOportunidadesRiesgos/Paginas/SancionesInternacionales.aspx
FRANCE http://www.diplomatie.gouv.fr/fr/autorites-sanctions/
CROATIA http://www.mvep.hr/sankcije
ITALY http://www.esteri.it/MAE/IT/Politica_Europea/Deroghe.htm
CYPRUS http://www.mfa.gov.cy/sanctions
LATVIA http://www.mfa.gov.lv/en/security/4539
LITHUANIA http://www.urm.lt/sanctions
LUXEMBOURG http://www.mae.lu/sanctions
HUNGARY http://www.kormany.hu/download/9/2a/f0000/EU%20szankci%C3%B3s%20t%C3%A1j%C3%A9koztat%C3%B3_20170214_final.pdf
MALTA https://www.gov.mt/en/Government/Government%20of%20Malta/Ministries%20and%20Entities/Officially%20Appointed%20Bodies/Pages/Boards/Sanctions-Monitoring-Board-.aspx
NETHERLANDS https://www.rijksoverheid.nl/onderwerpen/internationale-sancties
AUSTRIA http://www.bmeia.gv.at/view.php3?f_id=12750&LNG=en&version=
POLAND http://www.msz.gov.pl
PORTUGAL http://www.portugal.gov.pt/pt/ministerios/mne/quero-saber-mais/sobre-o-ministerio/medidas-restritivas/medidas-restritivas.aspx
ROMANIA http://www.mae.ro/node/1548
SLOVENIA http://www.mzz.gov.si/si/zunanja_politika_in_mednarodno_pravo/zunanja_politika/mednarodna_varnost/omejevalni_ukrepi/
SLOVAKIA https://www.mzv.sk/europske_zalezitosti/europske_politiky-sankcie_eu
FINLAND http://formin.finland.fi/kvyhteistyo/pakotteet
SWEDEN http://www.ud.se/sanktioner
UNITED KINGDOM https://www.gov.uk/sanctions-embargoes-and-restrictions
ANNEX III
Annex III to Regulation (EC) No 329/2007 is amended as follows:
1. 9. Hand-knotted carpets, handwoven rugs and tapestries is replaced by 9. Carpets, rugs and tapestries, hand-made or not, valued higher than 500 USD.
2. 13. High quality tableware of porcelain, china, stone- or earthenware or fine pottery is replaced by 13. Tableware of porcelain, china, stone- or earthenware or fine pottery, valued higher than 100 USD.
ANNEX IV
ANNEX IIIa –– –– –– –– ––– –– –––– –– –
The statues referred to in Article 4c(1): ex 4420 10 Statues and statuettes of wood Statues and statuettes of stone ex 6802 91 Marble, travertine and alabaster ex 6802 92 Other calcareous stone ex 6802 93 Granite ex 6802 99 Other stone ex 6809 90 Statues and statuettes of plaster or of compositions based on plaster ex 6810 99 Statues and statuettes of cement, of concrete or of artificial stone, whether or not reinforced ex 6913 Ceramic statues and statuettes Articles of goldsmiths' or silversmiths' wares Of precious metal whether or not plated or clad with precious metal ex 7114 11 Statuettes of silver, whether or not plated or clad with other precious metal ex 7114 19 Statuettes of other precious metal, whether or not plated or clad with precious metal ex 7114 20 Statues and statuettes of base metal clad with precious metal Statues and statuettes of base metal ex 8306 21 Statues and statuettes plated with precious metal ex 8306 29 Other statues and statuettes ex 9505 Statues and statuettes for festive, carnival or other entertainment use ex 9602 Statuettes of worked vegetable or mineral carving material ex 9703 Original statuary, of any material
ANNEX V
ANNEX IIIb
The helicopters and vessels referred to in Article 4d(1):
Helicopters
8802 11 Of an unladen weight not exceeding 2000 kg 8802 12 Of an unladen weight exceeding 2000 kg
Vessels
8901 Cruise ships, excursion boats, ferry-boats, cargo ships, barges and similar vessels for the transport of persons or goods 8902 Fishing vessels; factory ships and other vessels for processing or preserving fishery products 8903 Yachts and other vessels for pleasure or sports; rowing boats and canoes 8904 Tugs and pusher crafts 8906 Other vessels, including warships and lifeboats other than rowing boats 8907 10 Inflatable rafts
ANNEX VI
In Annex V to Regulation (EC) No 329/2007 the following entries under the heading Natural persons referred to in Article 6(2)(a) are added: 33. RI Myong Su DOB: 1937 POB: Myongchon, North Hamgyong Vice-President of the Central Military Commission of the Korean Workers' Party and Chief of Staff of the People's Armed Forces. In this capacity, Ri Myong Su holds a key position for national defence matters and is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes. 34. SO Hong Chan DOB: 30.12.1957 POB: Kangwon Passport No: PD836410105 Passport date of expiration: 27.11.2021 First Vice-Minister of the People's Armed forces, member of the Central Military Commission of the Korean Workers' Party and Colonel-General in the People's Armed Forces. In this capacity, So Hong Chan is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes. 35. WANG Chang Uk DOB: 29.05.1960 Minister for Industry and Atomic Energy. In this capacity, Wang Chang Uk is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes. 36. JANG Chol DOB: 31.03.1961 POB: Pyongyang Passport No: 563310042 President of the State Academy of Sciences, an organisation dedicated to the development of technological and scientific capacities of DPRK. In this capacity, Jang Chol holds a strategic position for the development of DPRK nuclear activities and is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons-of-mass-destruction-related programmes.
Versions
Cited by
- Notice for the attention of RI Myong Su, SO Hong Chan, WANG Chang Uk and JANG Chol, whose names were added to the list referred to in Article 6(2)(a) of Council Regulation (EC) No 329/2007 imposing certain specific restrictive measures directed against persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their behalf or at their direction, and entities owned or controlled by them, by virtue of Commission Implementing Regulation (EU) 2017/661 2017/C 109/07 Notice · Grade B
Council Decision (CFSP) 2016/849 calls upon the Union to freeze the funds and economic resources of persons and entities, as referred to in the list drawn up in Annex II of Decision (CFSP) 2016/849. The Decision also calls upon the Member States to take the necessary measures to prevent the entry into, or transit through their territories of those same persons. The list drawn up by the Council of the EU comprises persons or entities responsible for the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes, persons or entities acting on their