Council Regulation (EU) 2017/1836 of 10 October 2017 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, condensates and natural gas liquids, as listed in Annex XIc, to the DPRK.

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, all refined petroleum products, as listed in Annex XId, to the DPRK.

1 By way of derogation from Article 16d, the competent authorities of the Member States may authorise transactions in refined petroleum products that are determined to be exclusively for livelihood purposes of DPRK nationals, provided that all of the following conditions are met: (a) the transaction does not involve individuals or entities that are associated with the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017) including the persons, entities and bodies listed in Annex XIII, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions; (b) the transaction is unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017); (c) the Sanctions Committee has not notified the Member States that 90 % of the aggregate annual limit has been reached; and (d) the Member State concerned notifies the Sanctions Committee of the amount of the export and information on all parties to the transaction every 30 days.

2 The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraph 1.

It shall be prohibited to sell, supply, transfer or export, directly or indirectly, crude oil, as listed in Annex XIe, to the DPRK.

1 By way of derogation from Article 16f, the competent authorities of the Member States may authorise transactions in crude oil after having determined that the Union's annual aggregate transactions would not exceed the amount sold, supplied, transferred or exported in the period between 11 September 2016 and 10 September 2017.

2 By way of derogation from Article 16f, the competent authorities of the Member States may authorise transactions in crude oil that are determined to be exclusively for livelihood purposes, provided that all of the following conditions are met: (a) the transactions is unrelated to the DPRK's nuclear or ballistic missile programmes or other activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017) or 2375 (2017); and (b) the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

3 The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraphs 1 and 2.

It shall be prohibited to import, purchase or transfer, directly or indirectly, textiles, as listed in Annex XIf, from the DPRK, whether or not originating in the DPRK.

1 By way of derogation from Article 16h, the competent authorities of the Member States may authorise the import, purchase or transfer of textiles, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

2 By way of derogation from Article 16h, the competent authorities of the Member States may authorise the import, purchase or transfer of textiles by no later than 10 December 2017 provided that: (a) the import, purchase or transfer is due under a written contract that entered into force prior to 11 September 2017; and (b) the Member State concerned notifies the Sanctions Committee of the details of such import, purchase or transfer by no later than 24 January 2018.

3 The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraphs 1 and 2.’;

1 By way of derogation from point (a) of Article 17(2), the competent authorities of the Member States may authorise such activities, in particular those regarding joint ventures or cooperative entities that are non-commercial, public utility infrastructure projects not generating profit, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.

2 The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraph 1.’;

By way of derogation from Article 17(3), the competent authorities of the Member States may authorise such joint venture or cooperative entity to remain operational, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.’;

It shall be prohibited to facilitate or engage in ship-to-ship transfers to or from any DPRK flagged vessel of any goods or items that are being sold, supplied, transferred or exported to or from the DPRK.’;

By way of derogation from the prohibitions arising from UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2070 (2016), 2321 (2016), 2356 (2016), 2371 (2017) or 2375 (2017), the competent authorities of Member States may authorise any activities if the Sanctions Committee has determined, on a case-by-case basis, that they are necessary to facilitate the work of international and non-governmental organisations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population in the DPRK or for any other purpose consistent with the objectives of these resolutions.’;

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.