COUNCIL DECISION 2009/1002/CFSP
of 22 December 2009
amending Common Position 2006/795/CFSP 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 29 thereof,
Whereas:
(1)
On 20 November 2006, the Council of the European Union adopted Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People's Republic of Korea (DPRK) (1); this Common Position was amended by Common Position 2009/573/CFSP (2) which implemented United Nations Security Council Resolution 1874 (2009)
(2)
The prohibition on the direct and indirect supply, sale or transfer to the DPRK of certain items, materials, equipment, goods and technology should include all dual-use goods and technology listed in Annex I to 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 (3).
(3)
The Council has identified persons and entities that fulfil the criteria set out in Articles 3(1)(b) and 4(1)(b) and Articles 3(1)(c) and 4(1)(c) of Common Position 2006/795/CFSP. These persons and entities should therefore be listed in Annexes II and III to that Common Position.
(4)
Common Position 2006/795/CFSP should be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
Common Position 2006/795/CFSP is hereby amended as follows:
1.
in Article 1(1), point (c) shall be replaced by the following:
‘(c)
certain other items, materials, equipment, goods and technology which could contribute to DPRK's nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes or which could contribute to its military activities, which shall include all dual-use goods and technology listed in Annex I to 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 (4). The European Union shall take the necessary measures in order to determine the relevant items to be covered by this provision.
2.
In Article 4, paragraphs 3 and 4 shall be replaced by the following:
‘3. Exemptions may be made for funds and economic resources which are:
(a)
necessary to satisfy basic needs, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;
(b)
intended exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services; or
(c)
intended exclusively for payment of fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds and economic resources,
after notification by the Member State concerned to the Committee, for persons and entities listed in Annex I, of the intention to authorise, where appropriate, access to such funds, other financial assets and economic resources and in the absence of a negative decision by the Committee within five working days of such notification.
4. Exemptions may also be made for funds and economic resources which are:
(a)
necessary for extraordinary expenses, after notification by the Member State concerned to and approval by the Committee for persons and entities listed in Annex I; or
(b)
the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds and economic resources may be used to satisfy that lien or judgment, provided that the lien or judgment was entered prior to the date on which the person or entity referred to in paragraph 1 has been designated by the Sanctions Committee, the Security Council or by the Council, and is not for the benefit of a person or entity referred to in paragraph 1, after notification by the Member State concerned to the Committee for persons and entities listed in Annex I.’
Article 2
Annexes II and III to Common Position 2006/795/CFSP shall be replaced by the text appearing in the Annex to this Decision.
Article 3
This Decision shall take effect on the date of its adoption.
Article 4
This Decision shall be published in the Official Journal of the European Union.
Done at Brussels, 22 December 2009.