Council Regulation (EU) 2017/1858 of 16 October 2017 amending Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

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 humanitarian purposes, provided that all of the following conditions are met: (a) the transactions do not involve individuals or entities that are associated with 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) including the persons, entities and bodies listed in Annex XIII, XV, XVI and XVII; (b) the transaction is unrelated to generating revenue for 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); (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.’;

1 By way of derogation from Article 16f, the competent authorities of the Member States may authorise transactions in crude oil, provided that all of the following conditions are met: (a) the competent authority of the Member State has determined that the transaction is exclusively for humanitarian purposes; and (b) the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis, in accordance with paragraph 15 of UNSCR 2375 (2017).

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

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 By way of derogation from point (a) of Article 17(2), and in insofar as they do not relate to joint ventures or cooperative entities, the competent authorities of the Member States may authorise such activities, provided that the Member State has determined that those activities are exclusively for humanitarian purposes, and are not in the sectors of mining, refining, chemical, metallurgy or the metalworking, aerospace or conventional arms-related industries. The Member State concerned shall notify the other Member States and the Commission of any authorisation granted pursuant to paragraphs 1 or 2.’;

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