Introductory text

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

On 22 April 2013, the Council adopted Decision 2013/183/CFSP^f1 concerning restrictive measures against the Democratic People's Republic of Korea (‘the DPRK’), which replaced Decision 2010/800/CFSP^f2 and, inter alia, implemented United Nations Security Council Resolutions (‘UNSCRs’) 1718 (2006), 1874 (2009), 2087 (2013) and 2094 (2013).

On 2 March 2016, the UN Security Council adopted UNSCR 2270 (2016) providing for new measures against the DPRK.

On 31 March 2016, the Council adopted Decision (CFSP) 2016/476^f3 giving effect to those measures.

On 27 May 2016, the Council adopted Decision (CFSP) 2016/849^f4 concerning restrictive measures against the DPRK, which replaced Decision 2013/183/CFSP and, inter alia, implemented UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) and 2270 (2016).

UNSCR 2270 (2016) provides that the asset freeze is to apply with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, where a UN Member State determines that they are associated with the DPRK's nuclear or ballistic missile programs or other activities prohibited by the relevant UNSCRs. Moreover, the Council considers that persons acting on behalf or at the direction of the entities of the Government of the DPRK or the Workers' Party of Korea that the Council determines are associated with the DPRK's nuclear or ballistic-missile programmes or other activities prohibited by the relevant UNSCRs should be subject to travel restrictions.

The Council considers it necessary to include a new Annex to list those persons and entities.

UNSCR 2270 (2016) also provides that the asset freeze applicable with respect to entities of the Government of the DPRK or the Workers' Party of Korea, or by persons acting on their behalf or at their direction, does not apply where the funds, other financial assets or economic resources, are required to carry out the activities of DPRK's missions to the UN and other specialised agencies.

Further action by the Union is needed in order to implement certain measures provided for in this Decision.

Decision (CFSP) 2016/849 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION: