L 341/32 Official Journal of the European Union 23.12.2010 COUNCIL DECISION 2010/800/CFSP of 22 December 2010 concerning restrictive measures against the Democratic People’s Republic of Korea and repealing Common Position 2006/795/CFSP 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 adopted Common Position 2006/795/CFSP concerning restrictive measures against the Democratic People’s Republic of Korea (') (the ‘DPRK’) which implemented United Nations Security Council Resolution (UNSCR’) 1718 (2006). (2)  On 27 July 2009, the Council adopted Common Position 2009/573|CESP (3) which amended Common Position 2006/795/CFSP and implemented UNSCR 1874 (2009). (3) On 22 December 2009, the Council adopted Decision 2009/1002/CFSP (}) which amended Common Position 2006/795/CFSP. (4)  In accordance with Article 7(2) of Common Position 2006/795/CESP, the Council has carried out a complete review of the lists as set out in Annexes Il and III to that Common Position, of persons to whom and entities to which Articles 3(1)(b) and (c) and 4(1)(b) and (c) thereof applied. The Council has concluded that the persons and entities concerned should continue to be subject to restrictive measures. (5)  The Council has identified additional persons and entities that should be subject to restrictive measures. (6)  The procedure for amending Annexes I and II to this Decision should include providing to designated persons and entities the grounds for listing so as to give them an opportunity to present observations. Where observations are submitted or where substantial new evidence is presented, the Council should review its decision in the light of those observations and inform the person or entity concerned accordingly. (7 This Decision respects the fundamental rights and observes the principles recognised in particular by the OJ L 322, 22.11.2006, p. 32. () OJ L 197, 29.7.2009, p. 111. OJ L 346, 23.12.2009, p. 47. Charter of Fundamental Rights of the European Union and notably the right to an effective remedy and to a fair trial, the right to property and the right to the protection of personal data. This Decision should be applied in accordance with those rights and principles. (8)  This Decision also fully respects the obligations of Member States under the Charter of the United Nations and the legally binding nature of Security Council Resolutions. (99 Common Position 2006/795/CESP should be repealed and replaced by this Decision. (10)  The Union implementing measures are set out in Council Regulation (EC) No 329/2007 of 27 March 2007 concerning restrictive measures against the Democratic People’s Republic of Korea (%), HAS ADOPTED THIS DECISION: Article 1 1. The direct or indirect supply, sale or transfer of the following items and technology, including software, to the DPRK by nationals of Member States or through or from the territories of Member States, or using the flag vessels or aircraft of Member States, shall be prohibited, whether or not orig- inating in the territories of the Member States: (a) arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, para- military equipment and spare parts for the aforementioned, with the exception of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in the DPRK; (b) all items, materials, equipment, goods and technology as determined by the Security Council or the Committee estab- lished pursuant to paragraph 12 of UNSCR 1718 (2006) (the ‘Sanctions Committee’) in accordance with paragraph 8(a)(ii) of UNSCR 1718 (2006), which could contribute to the DPRK’s nuclear-related, ballistic missile-related or other weapons of mass destruction-related programmes; (4 O] L 88, 29.3.2007, p. 1.