Article 1
Open ↗Regulation (EU) 2017/1509 is amended as follows: (1) in Article 3(2), after the fifth subparagraph the following subparagraphs are inserted: ‘Part VI of Annex II shall include weapons of mass destruction-related items, materials, equipment, goods and technology designated pursuant to paragraph 4 of UNSCR 2371 (2017). Part VII of Annex II shall include weapons of mass destruction-related items, materials, equipment, goods and technology designated pursuant to paragraph 5 of UNSCR 2371 (2017).’; (2) in Article 4, paragraph 2 is replaced by the following: ‘2. By way of derogation from point (e) of Article 3(1), the competent authorities of the Member States may authorise the import, purchase or transfer of coal provided that the competent authorities of the Member States have determined on the basis of credible information that the shipment originated outside of the DPRK and was transported through the DPRK solely for export from the Port of Rajin (Rason), that the exporting state has notified the Sanctions Committee in advance of such transactions, and that the transactions are unrelated to generating revenue for the DPRK's nuclear or ballistic missile programmes and other activities prohibited by UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017) or 2371 (2017), or by this Regulation.’; (3) the following Articles are inserted: ‘Article 16a It shall be prohibited to import, purchase or transfer, directly or indirectly, seafood, including fish, crustaceans, molluscs, and other aquatic invertebrates in all forms, as listed in Annex XIa, from the DPRK, whether or not originating in the DPRK. Article 16b It shall be prohibited to import, purchase or transfer, directly or indirectly, lead and lead ore, as listed in Annex XIb, from the DPRK, whether or not originating in the DPRK.’; (4) in Article 17(2), point (a) is replaced by the following: ‘(a) to establish a joint venture or a cooperative entity with, or take or extend an ownership interest, including by acquisition in full or the acquisition of shares and other securities of a participatory nature in any natural or legal person, entity or body referred to in paragraph 1;’; (5) the following Article is inserted: ‘Article 17a By way of derogation from point (a) of Article 17(2), the competent authorities of the Member States may authorise activities referred to in that point, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.’; (6) in Article 21, paragraph 1 is replaced by the following: ‘1. It shall be prohibited to transfer funds, including clearing of funds, to and from the DPRK.’; (7) in Article 23, the introductory sentence of paragraph 1 is replaced by the following: ‘1. Credit and financial institutions shall, in their activities, including the clearing of funds, with credit and financial institutions referred to in Article 21(2):’; (8) in Article 40, paragraph 2 is replaced by the following: ‘2. By way of derogation from the prohibition in Article 39(1), where that concerns a vessel within the scope of point (f), the competent authorities of the Member States may authorise that vessel to come into port if the Sanctions Committee has so directed. 3. By way of derogation from the prohibition in Article 39(1), where that concerns a vessel within the scope of point (g), the competent authorities of the Member States may authorise that vessel to come into port if the Sanctions Committee has determined in advance that such entry is required for humanitarian purposes or any other purposes consistent with the objectives of UNSCRs 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), or 2371 (2017).’; (9) in Article 43, point (c) is replaced by the following: ‘(c) to own, lease, operate, charter, insure or provide vessel classification services or associated services, to any vessel flagged to the DPRK;’; (10) in Article 44, paragraph 2 is replaced by the following: ‘2. By way of derogation from the prohibitions in points (b) and (c) of Article 43, the competent authorities of the Member States may authorise the owning, leasing, operating, chartering of, or providing vessel classification services or associated services to any DPRK flagged vessel, or the registration, or maintenance on the register, of any vessel that is owned, controlled or operated by the DPRK or DPRK nationals, provided that the Member State has obtained the advance approval of the Sanctions Committee on a case-by-case basis.’; (11) in point (b) of Article 46, the words ‘amend Parts II, III, IV and V of Annex II and Annexes VI, VII, IX, X and XI’ are replaced by the words ‘amend Parts II, III, IV, V, VI and VII of Annex II and Annexes VI, VII, IX, X, XI, XIa and XIb’; (12) the text in Annex I to this Regulation is added as Parts VI and VII of Annex II to Regulation (EU) 2017/1509; (13) the text in Annexes II and III to this Regulation is added, respectively, as Annexes XIa and XIb to Regulation (EU) 2017/1509.