title: Council Implementing Regulation (EU) 2019/1717 of 14 October 2019 implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them

text:
                  15.10.2019

                  EN

                  Official Journal of the European Union

                  L 262/11

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/1717
         of 14 October 2019
         implementing Regulation (EU) 2016/1686 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EU) 2016/1686 of 20 September 2016 imposing additional restrictive measures directed against ISIL (Da’esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them (1), and in particular Article 4(1) thereof,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 20 September 2016, the Council adopted Regulation (EU) 2016/1686.

                     (2)

                     One person should be removed from the list of natural and legal persons, entities and bodies set out in Annex I to Regulation (EU) 2016/1686.

                     (3)

                     Annex I to Regulation (EU) 2016/1686 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EU) 2016/1686 is amended as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Luxembourg, 14 October 2019.

                  For the Council

                  The President

               F. MOGHERINI

            (1)  OJ L 255, 21.9.2016, p. 1.

            ANNEX
            The following person, and the related entry, are removed from the list set out in Annex I to Regulation (EU) 2016/1686:

                        1.

                        Fabien CLAIN (a.k.a. Omar).


title: Commission implementing regulation (EU) 2019/1725 of 9 October 2019 entering a name in the register of protected designations of origin and protected geographical indications Telemea de Sibiu (PGI)

text:
                  16.10.2019

                  EN

                  Official Journal of the European Union

                  L 263/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1725
         of 9 October 2019
         entering a name in the register of protected designations of origin and protected geographical indications ‘Telemea de Sibiu’ (PGI)
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,
         Whereas:

                     (1)

                     Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Romania’s application to register the name ‘Telemea de Sibiu’ was published in the Official Journal of the European Union (2).

                     (2)

                     As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Telemea de Sibiu’ should therefore be entered in the register,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The name ‘Telemea de Sibiu’ (PGI) is hereby entered in the register.
            The name specified in the first paragraph denotes a product in Class 1.3. — Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 October 2019.

                  For the Commission,

                  On behalf of the President,

               Phil HOGAN

                  Member of the Commission

            (1)  OJ L 343, 14.12.2012, p. 1.

            (2)  OJ C 203, 17.6.2019, p. 7.

            (3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).


title: Commission Implementing Regulation (EU) 2019/1726 of 15 October 2019 operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing in the previous years

text:
                  16.10.2019

                  EN

                  Official Journal of the European Union

                  L 263/3

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1726
         of 15 October 2019
         operating deductions from fishing quotas available for certain stocks in 2019 on account of overfishing in the previous years
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (1), and in particular Article 105(1), (2) and (3) thereof,
         Whereas:

                     (1)

                     Fishing quotas for the year 2018 have been established by:

                                 —

                                 Council Regulation (EU) 2016/2285 (2),

                                 —

                                 Council Regulation (EU) 2017/1970 (3),

                                 —

                                 Council Regulation (EU) 2017/2360 (4), and

                                 —

                                 Council Regulation (EU) 2018/120 (5).

                     (2)

                     Fishing quotas for the year 2019 have been established by:

                                 —

                                 Council Regulation (EU) 2018/1628 (6),

                                 —

                                 Council Regulation (EU) 2018/2025 (7),

                                 —

                                 Council Regulation (EU) 2018/2058 (8), and

                                 —

                                 Council Regulation (EU) 2019/124 (9).

                     (3)

                     Pursuant to Article 105(1) of Regulation (EC) No 1224/2009, when the Commission has established that a Member State has exceeded the fishing quotas which have been allocated to it, the Commission is to operate deductions from future fishing quotas of that Member State.

                     (4)

                     Article 105(2) and (3) of Regulation (EC) No 1224/2009 provides that such deductions have to be operated in the following year or years by applying the respective multiplying factors as set out therein.

                     (5)

                     Certain Member States have exceeded their fishing quotas for the year 2018. It is therefore appropriate to operate deductions on the fishing quotas allocated to them in 2019 and, where relevant, in subsequent years, for the overfished stocks.

                     (6)

                     Commission Implementing Regulation (EU) 2018/1969 (10) and Commission Implementing Regulation (EU) 2019/479 (11) have provided for deductions from fishing quotas for certain countries and species for 2018. However, for certain Member States, the deductions to be applied for some species were higher than the respective quotas available in 2018 and could therefore not be operated entirely in that year. To ensure that in such cases the full amount for the respective stocks be deducted, the remaining quantities should be taken into account when establishing deductions for 2019 and, where appropriate, from subsequent quotas.

                     (7)

                     Following changes in the stock area definitions set up in Regulation (EU) 2019/124, the remaining deduction applicable to Belgium due to overfishing of undulate ray in Union waters of 7d (RJU/07D.) in the year 2017 should be applied to the 2019 quota for undulate ray in Union waters of 7d and 7e (RJU/7DE.).

                     (8)

                     Deductions from fishing quotas, as provided for by this Regulation, should apply without prejudice to deductions applicable to 2019 quotas pursuant to Commission Implementing Regulation (EU) No 185/2013 (12).

                     (9)

                     Since quotas are expressed in tonnes, overfishing involving quantities of less than one tonne should not be considered,

               HAS ADOPTED THIS REGULATION:

            Article 1

               1.   The fishing quotas fixed in Regulations (EU) 2018/1628, (EU) 2018/2025, (EU) 2018/2058, and (EU) 2019/124 for the year 2019 shall be reduced as set out in the Annex to this Regulation.

               2.   Paragraph 1 shall apply without prejudice to deductions provided for in Implementing Regulation (EU) No 185/2013.

            Article 2
            This Regulation shall enter into force on the seventh day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 15 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 343, 22.12.2009, p. 1.

            (2)  Council Regulation (EU) 2016/2285 of 12 December 2016 fixing for 2017 and 2018 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks and amending Council Regulation (EU) 2016/72 (OJ L 344, 17.12.2016, p. 32).

            (3)  Council Regulation (EU) 2017/1970 of 27 October 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2017/127 (OJ L 281, 31.10.2017, p. 1).

            (4)  Council Regulation (EU) 2017/2360 of 11 December 2017 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 337, 19.12.2017, p. 1).

            (5)  Council Regulation (EU) 2018/120 of 23 January 2018 fixing for 2018 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters, and amending Regulation (EU) 2017/127 (OJ L 27, 31.1.2018, p. 1).

            (6)  Council Regulation (EU) 2018/1628 of 30 October 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in the Baltic Sea and amending Regulation (EU) 2018/120 as regards certain fishing opportunities in other waters (OJ L 272, 31.10.2018, p. 1).

            (7)  Council Regulation (EU) 2018/2025 of 17 December 2018 fixing for 2019 and 2020 the fishing opportunities for Union fishing vessels for certain deep-sea fish stocks (OJ L 325, 20.12.2018, p. 7).

            (8)  Council Regulation (EU) 2018/2058 of 17 December 2018 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks in the Black Sea (OJ L 329, 27.12.2018, p. 8).

            (9)  Council Regulation (EU) 2019/124 of 30 January 2019 fixing for 2019 the fishing opportunities for certain fish stocks and groups of fish stocks, applicable in Union waters and, for Union fishing vessels, in certain non-Union waters (OJ L 29, 31.1.2019, p. 1).

            (10)  Commission Implementing Regulation (EU) 2018/1969 of 12 December 2018 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing in the previous years (OJ L 316, 13.12.2018, p. 12).

            (11)  Commission Implementing Regulation (EU) 2019/479 of 22 March 2019 operating deductions from fishing quotas available for certain stocks in 2018 on account of overfishing of other stocks in the previous years and amending Implementing Regulation (EU) 2018/1969 (OJ L 82, 25.3.2019, p. 6).

            (12)  Commission Implementing Regulation (EU) No 185/2013 of 5 March 2013 providing for deductions from certain fishing quotas allocated to Spain in 2013 and subsequent years on account of overfishing of a certain mackerel quota in 2009 (OJ L 62, 6.3.2013, p. 1).

            ANNEX
            DEDUCTIONS FROM FISHING QUOTAS FOR THE YEAR 2019 FOR STOCKS WHICH HAVE BEEN OVERFISHED

                           Member State

                           Species code

                           Area code

                           Species name

                           Area name

                           Initial quota 2018 (in kilograms)

                           Permitted landings 2018 (Total adapted quantity in kilograms)
                            (1)

                           Total catches 2018 (quantity in kilograms)

                           Quota consumption related to permitted landings

                           Overfishing related to permitted landing (quantity in kilograms)

                           Multiplying factor
                            (2)

                           Additional Multiplying factor
                            (3)
                           ,
                            (4)

                           Outstanding deductions from previous year(s)
                            (5)

                           (quantity in kilograms)

                           Deductions to apply in 2019 (quantity in kilograms)

                           BE

                        RJE

                        7FG.

                        Small-eyed ray

                        Union waters of 7f and 7g

                        14 000

                        15 400

                        19 888

                        129,14 %

                        4 488

                        1,00

                        /

                        /

                        4 488

                           BE

                        RJU

                        07D. (6)

                        Undulate ray

                        Union waters of 7d

                        2 000

                        969

                        1 394

                        143,86 %

                        425 (7)

                        N/A

                        N/A

                        2 617

                        2 617

                           DE

                        COD

                        3BC+24

                        Cod

                        Subdivisions 22-24

                        1 194 000

                        1 349 400

                        1 393 360

                        103,26 %

                        43 960

                        /

                        C (8)

                        /

                        43 960

                           DK

                        COD

                        3BC+24

                        Cod

                        Subdivisions 22-24

                        2 444 000

                        2 594 270

                        2 617 780

                        100,91 %

                        23 510

                        /

                        C (8)

                        /

                        23 510

                           ES

                        BET

                        ATLANT

                        Bigeye tuna

                        Atlantic Ocean

                        9 791 920

                        9 281 920

                        9 756 069

                        105,11 %

                        474 149

                        /

                        C (8)

                        /

                        474 149

                           ES

                        GHL

                        1N2AB.

                        Greenland halibut

                        Norwegian waters of 1 and 2

                        /

                        0

                        27 736

                        N/A

                        27 736

                        1,00

                        A

                        /

                        41 604

                           ES

                        GHL

                        N3LMNO

                        Greenland halibut

                        NAFO 3LMNO

                        4 534 000

                        4 496 772

                        4 508 020

                        100,25 %

                        11 248

                        /

                        A (8)+C (8)

                        /

                        11 248

                           ES

                        NEP

                        *07U16

                        Norway lobster

                        Functional Unit 16 of ICES Subarea 7

                        825 000

                        155 000

                        158 375

                        102,18 %

                        3 375

                        /

                        /

                        /

                        3 375

                           ES

                        RJU

                        9-C.

                        Undulate ray

                        Union waters of 9

                        15 000

                        15 000

                        17 067

                        113,78 %

                        2 067

                        1,00

                        /

                        /

                        2 067

                           ES

                        YFT

                        IOTC

                        Yellowfin tuna

                        IOTC Area of Competence

                        45 682 000

                        45 354 940

                        44 964 373

                        99,14 %

                        – 390 567  (9)

                        N/A

                        N/A

                        2 138 460

                        2 138 460

                           EE

                        COD

                        N3M.

                        Cod

                        NAFO 3M

                        124 000

                        916 170

                        953 232

                        104,05 %

                        37 062

                        /

                        /

                        /

                        37 062

                           FR

                        GHL

                        1N2AB.

                        Greenland halibut

                        Norwegian waters of 1 and 2

                        /

                        0

                        18 084

                        N/A

                        18 084

                        1,00

                        /

                        /

                        18 084

                           IE

                        HER

                        07A/MM

                        Herring

                        7a

                        1 826 000

                        1 850 311

                        1 979 666

                        106,99 %

                        129 355

                        /

                        /

                        /

                        129 355

                           IE

                        MAC

                        2CX14-

                        Mackerel

                        6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14

                        69 141 000

                        66 541 055

                        66 965 925

                        100,64 %

                        424 870

                        /

                        /

                        /

                        424 870

                           NL

                        POK

                        2C3A4

                        Saithe

                        3a and 4; Union waters of 2a

                        110 000

                        210 994

                        265 115

                        125,65 %

                        54 121

                        1,00

                        /

                        /

                        54 121

                           NL

                        WHG

                        56-14

                        Whiting

                        6; Union and international waters of 5b; international waters of 12 and 14

                        /

                        0

                        4 492

                        N/A

                        4 492

                        1,00

                        /

                        /

                        4 492

                           PL

                        COD

                        3BC+24

                        Cod

                        Subdivisions 22-24

                        654 000

                        786 200

                        858 164

                        109,15 %

                        71 964

                        /

                        C (8)

                        32 331

                        104 295

                           PT

                        ALF

                        3X14-

                        Alfonsinos

                        Union and international waters of III, IV, V, VI, VII, VIII, IX, X, XII and XIV

                        182 000

                        179 044

                        184 010

                        102,77 %

                        4 966

                        /

                        /

                        /

                        4 966

                           PT

                        BET

                        ATLANT

                        Bigeye tuna

                        Atlantic Ocean

                        3 717 470

                        4 152 470

                        4 405 184

                        106,09 %

                        252 714

                        /

                        C (8)

                        /

                        252 714

                           PT

                        BFT

                        AE45WM

                        Bluefin tuna

                        Atlantic Ocean, east of 45° W, and Mediterranean

                        470 190

                        437 190

                        450 343

                        103,01 %

                        13 153

                        /

                        C (8)

                        /

                        13 153

                           PT

                        BUM

                        ATLANT

                        Blue marlin

                        Atlantic Ocean

                        50 440

                        45 428

                        74 337

                        163,64 %

                        28 909

                        1,00

                        A

                        /

                        43 364

                           PT

                        RJU

                        9-C.

                        Undulate ray

                        Union waters of 9

                        15 000

                        33 000

                        36 295

                        109,98 %

                        3 295

                        /

                        /

                        /

                        3 295

                           UK

                        COD

                        N1GL14

                        Cod

                        Greenland waters of NAFO 1F and Greenland waters of 5, 12 and 14

                        382 000

                        497 520

                        512 187

                        102,95 %

                        14 667

                        /

                        /

                        /

                        14 667

                           UK

                        GHL

                        1N2AB.

                        Greenland halibut

                        Norwegian waters of 1 and 2

                        25 000

                        22 000

                        24 434

                        111,06 %

                        2 434

                        1,00

                        /

                        /

                        2 434

                           UK

                        HER

                        4AB.

                        Herring

                        Union and Norwegian waters of 4 north of 53° 30′ N

                        79 381 000

                        84 694 795

                        84 739 599

                        100,05 %

                        44 804

                        /

                        /

                        /

                        44 804

                           UK

                        MAC

                        2CX14-

                        Mackerel

                        6, 7, 8a, 8b, 8d and 8e; Union and international waters of 5b; international waters of 2a, 12 and 14

                        190 143 000

                        186 253 028

                        189 644 893

                        101,82 %

                        3 391 865

                        /

                        A (8)

                        /

                        3 391 865

                           UK

                        POK

                        1N2AB.

                        Saithe

                        Norwegian waters of 1 and 2

                        182 000

                        459 700

                        463 509

                        100,83 %

                        3 809

                        /

                        /

                        /

                        3 809

                           UK

                        RHG

                        5B67-

                        Roughhead grenadier

                        Union and international waters of Vb, VI and VII

                        1 510

                        1 510

                        7 588

                        502,52 %

                        6 078

                        1,00

                        /

                        /

                        6 078

                           UK

                        WHG

                        56-14

                        Whiting

                        6; Union and international waters of 5b; international waters of 12 and 14

                        122 000

                        124 060

                        139 470

                        112,42 %

                        15 410

                        1,00

                        /

                        /

                        15 410

               (1)  Quotas available to a Member State pursuant to the relevant fishing opportunities Regulations after taking into account exchanges of fishing opportunities in accordance with Article 16(8) of Regulation (EU) No 1380/2013 of the European Parliament and of the Council (OJ L 354, 28.12.2013, p. 22), quota transfers from 2017 to 2018 in accordance with Article 4(2) of Council Regulation (EC) No 847/96 (OJ L 115, 9.5.1996, p. 3) and with Article 15(9) of Regulation (EU) No 1380/2013 or reallocation and deduction of fishing opportunities in accordance with Articles 37 and 105 of Regulation (EC) No 1224/2009.

               (2)  As set out in Article 105(2) of Regulation (EC) No 1224/2009. Deduction equal to the overfishing * 1,00 shall apply in all cases of overfishing equal to, or less than, 100 tonnes.

               (3)  As set out in Article 105(3) of Regulation (EC) No 1224/2009 and provided that the extent of overfishing exceeds 10 %.

               (4)  Letter ‘A’ indicates that an additional multiplying factor of 1,5 has been applied due to consecutive overfishing in the years 2016, 2017 and 2018. Letter ‘C’ indicates that an additional multiplying factor of 1,5 has been applied as the stock is subject to a multiannual plan.

               (5)  Remaining quantities from previous year(s).

               (6)  To be deducted from RJU/7DE. (Union waters of 7d and 7e).

               (7)  Quantities below 1 tonne are not considered.

               (8)  Additional multiplying factor not applicable because the overfishing does not exceed 10 % of the permitted landings.

               (9)  The deduction cannot be reduced by this unused quantity as Article 4 of Regulation (EC) No 847/96 is not applicable to the YFT/IOTC stock.


title: Commission Implementing Regulation (EU) 2019/1842 of 31 October 2019 laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes

text:
                  4.11.2019

                  EN

                  Official Journal of the European Union

                  L 282/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1842
         of 31 October 2019
         laying down rules for the application of Directive 2003/87/EC of the European Parliament and of the Council as regards further arrangements for the adjustments to free allocation of emission allowances due to activity level changes
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union and amending Council Directive 96/61/EC (1), and in particular Article 10a(21) thereof,
         Whereas:

                     (1)

                     Directive 2003/87/EC establishes a system for greenhouse gas emission allowance trading within the Union in order to promote reductions of greenhouse gas emissions in a cost-effective and economically efficient manner. In its Article 10a, it provides for the transitional free allocation of allowances.

                     (2)

                     Commission Delegated Regulation (EU) 2019/331 (2) lays down the transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC for the fourth trading period from 2021 until 2030.

                     (3)

                     In accordance with Article 10a(20) of Directive 2003/87/EC, the allocation of emission allowances free of charge to installations whose operations have increased or decreased, as assessed on the basis of a rolling average of two years, by more than 15 % compared to the historical activity levels is to be adjusted in a symmetrical manner. To implement the adjustments of allocation of emission allowances due to changes in activity, since the installations are divided in sub-installations in accordance with Article 10 of Delegated Regulation (EU) 2019/331, it is appropriate to compare these changes against the historical activity levels at sub-installation level.

                     (4)

                     The collection of high quality and independently verified data is necessary for adjustments to free allocation. Consistency in the accuracy and quality of the data monitored and reported to determine free allocation should be ensured. For that purpose, specific rules for reporting of activity levels at sub-installation level should be provided, taking into account the relevant provisions of Delegated Regulation (EU) 2019/331. Data collected from operators in accordance with these rules should reflect the actual operations of sub-installations.

                     (5)

                     Operators should report the requested data annually. Data should be monitored in accordance with the requirements on monitoring pursuant to Article 8 of Delegated Regulation (EU) 2019/331.

                     (6)

                     To ensure consistency between verification of annual emissions reports pursuant to Article 15 of Directive 2003/87/EC and activity level data, as well as to make use of synergies, it is appropriate to use the legal framework set by measures in accordance with Commission Implementing Regulation (EU) 2018/2067 (3).

                     (7)

                     In order to prevent manipulation or abuse of the system for adjustments of allocations, avoid undue administrative burden and ensure that changes to the allocations are carried out in an effective, non-discriminatory and uniform manner, further arrangements for the adjustments of free allocation of sub-installations should apply when activity level have increased or decreased by more than 15 % compared to the historical activity level. The average activity level should be defined as the arithmetic mean of the two annual activity levels of two full calendar years of operation. The first year of calculation of the average activity level should be the first year of each allocation period. If the comparison of the historical activity level and the average activity level presents a difference of more than 15 %, then the free allocation should be adjusted by the exact percentage of the activity level change. If a subsequent change of activity level occurs within the same 5 % interval, beyond 15 %, then the allocation should remain the same. If a subsequent change exceeds the 5 % interval within which the previous adjustment fell (e.g. 20-25 %, 25-30 % and so on), the adjustment in that case should also be as the exact percentage change in the average activity level.

                     (8)

                     To avoid undue administrative burden, adjustments should be considered whenever changes in the level of activity of a sub-installation would lead to an annual adjustment in the level of free allocation of the sub-installation of 100 allowances or more.

                     (9)

                     In order to prevent manipulation or abuse of the system and to ensure that the changes to the allocations are carried out in an effective, non-discriminatory and uniform manner, the new entrants and the new sub-installations should be treated in the same manner.

                     (10)

                     Article 10a(1) of Directive 2003/87/EC requires transitional harmonised measures for free allocation of emission allowances to take place in a manner that provides incentives for reductions in greenhouse gas emissions and energy efficient techniques. In order to maintain incentives to reduce emissions when defining further arrangements for the adjustment of free allocations to sub-installations whose operations have increased or decreased by more than 15 % compared to the historical activity levels, changes in the operation of sub-installations other than changes in activity levels should also be considered. This should cover improvements of energy efficiency, changes in heat supply, the exchangeability of fuel and electricity, production of high value chemicals, changes in the production of vinyl chloride monomer as well as the energy recovery of waste gases. In order to maximise such incentives to reduce emissions, it is appropriate to consider such changes at sub-installation level.

                     (11)

                     For better alignment of production changes to free allocation, emission allowances should not be issued for sub-installations reporting a cessation of operations as of the year following the cessation.

                     (12)

                     The measures provided for in this Regulation are in accordance with the opinion of the Climate Change Committee,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Scope
            This Regulation applies to the free allocation of allowances pursuant to Article 10a of Directive 2003/87/EC for the trading period from 2021 until 2030.

            Article 2
            Definitions
            For the purposes of this Regulation, the following definitions shall apply:

                        (1)

                        ‘average activity level’ means, for each sub-installation, the arithmetic mean of the related annual activity levels for the two calendar years preceding the submission of a report referred to in Article 3(1);

                        (2)

                        ‘incumbent installation’ means incumbent installation as defined in Article 2(1) of Delegated Regulation (EU) 2019/331;

                        (3)

                        ‘heat benchmark sub-installation’ means heat benchmark sub-installation as defined in Article 2(3) of Delegated Regulation (EU) 2019/331;

                        (4)

                        ‘fuel benchmark sub-installation’ means fuel benchmark sub-installation as defined in Article 2(6) of Delegated Regulation (EU) 2019/331;

                        (5)

                        ‘allocation period’ means allocation period as defined in Article 2(15) of Delegated Regulation (EU) 2019/331;

                        (6)

                        ‘group’ means group as defined in Article 2(11) of Directive 2013/34/EU of the European Parliament and of the Council (4).

            Article 3
            Reporting requirements

               1.   Starting in 2021, the operators of installations to which free allocation has been given, in accordance with Article 10a of Directive 2003/87/EC, for the trading period from 2021 until 2030 shall report annually on the activity level of each sub-installation in the preceding calendar year. In 2021, this report shall include data for the two years preceding its submission.
               New entrants may submit the reports referred to in Article 5 paragraph 2 of Delegated Regulation (EU) 2019/331 in the year after the first day of operations.

               2.   The activity level report must contain information on the activity level of each sub-installation and on each of the parameters listed in sections 1, except 1.3 (c), and 2.3 to 2.7 of Annex IV to Delegated Regulation (EU) 2019/331. The activity level report shall also contain information on the structure of the group, if any, to which the installation belongs and on whether any sub-installation has ceased to operate.
               The competent authority may require operators to also report on any of the additional parameters included in Annex IV to Delegated Regulation (EU) 2019/331 in the activity level report or referred to in its paragraph 1.

               3.   The activity level report shall be submitted by 31 March of each year during the years from 2021 to 2030, to the competent authority granting the free allocation, unless the competent authority has set an earlier time limit for this submission. It shall be submitted together with a verification report on the activity level report issued pursuant to Implementing Regulation (EU) 2018/2067.
               Member States may require the submission of a preliminary activity level report, containing all available information at the time of submission. Member States may set time limits for the submission of the preliminary activity level report.
               The competent authority may suspend the issuance of free emission allowances to an installation until the competent authority has established that there is no requirement to adjust the allocation to that installation or the Commission has adopted a Decision according to Article 23(4) of Delegated Regulation (EU) 2019/331 concerning the adjustments to the allocation to that installation.
               Where applicable, the competent authority shall recover any excess allowances resulting from an over-allocation, in accordance with the procedure set out in Article 48(4) of Commission Delegated Regulation (EU) 2019/1122 (5).
               The competent authority may require operators and verifiers to use electronic templates or specific file formats for the submission of activity level reports.

               4.   The competent authority shall assess the activity level report referred to in paragraphs 1 to 3 of this Article in accordance with the requirements of Articles 7 to 12 of Delegated Regulation (EU) 2019/331. The competent authority may make a conservative estimate of the value of any parameter in any of the following situations:

                           (a)

                           no verified activity level report has been submitted by the operator by the time limit referred to in paragraph 3 and the issuance of the allowances has not been suspended;

                           (b)

                           the verified value submitted is not in compliance with this Regulation or Delegated Regulation (EU) 2019/331;

                           (c)

                           the activity level report of an operator has not been verified in accordance with Implementing Regulation (EU) 2018/2067.

                     The competent authority shall not increase the allocation to an installation based on an estimate made in the situation under point (a).
               Where a verifier has stated, in the verification report pursuant to Implementing Regulation (EU) 2018/2067, the existence of non-material misstatements which have not been corrected by the operator before issuing the verification report, the competent authority shall assess those misstatements, and make a conservative estimate of the value of a parameter, where possible. The competent authority shall inform the operator whether and which corrections are required to the activity level report. The operator shall make that information available to the verifier.

            Article 4
            Average activity levels

               1.   The competent authority shall determine the average activity level of each sub-installation annually based on the activity level reports for the relevant two-year period.

               2.   The average activity level of new sub-installations and new entrants shall not be calculated for the first three calendar years of operation.

            Article 5
            Adjustments to free allocation due to activity level changes

               1.   Every year the competent authority shall compare the average activity level of each sub-installation, determined in accordance with Article 4, with the historical activity level initially used to determine the free allocation. When the absolute value of the difference between the average activity level and the historical activity level of that sub-installation is more than 15 %, the free allocation of allowances to that installation shall be adjusted. That adjustment shall apply as of the year following the two calendars years used for determining the average activity level, and provided that the adjustment of the annual preliminary amount of emission allowances allocated for free to the sub-installation is at least 100 emission allowances. That adjustment shall be made by increasing or decreasing the free allocation for the relevant sub-installation by the exact percentage change in the average activity level compared to the historical activity level initially used to determine the free allocation.

               2.   When an adjustment according to paragraph 1 has been made, during an allocation period, further adjustments can only take place if the absolute value of the difference between the average activity level and the historical activity level of that sub-installation, exceeds the nearest 5 % interval, beyond the 15 % change, which caused the previous adjustment of free allocation to that installation, by increasing or decreasing the free allocation for the relevant sub-installation by the exact percentage change in the average activity level compared to the historical activity level initially used to determine the free allocation and provided that the adjustment of the annual preliminary amount of emission allowances allocated for free to the sub-installation is at least 100 emission allowances.

               3.   If the increase or decrease of the average activity level of a sub-installation no longer exceeds 15 % compared to the historical activity level initially used to determine the free allocation, the free allocation of allowances to that sub-installation shall be equal to the initial allocation determined by Article 16 or 18 of Delegated Regulation (EU) 2019/331, as of the year following the two calendar years used for determining the average activity level.

               4.   If a sub-installation has ceased operation, the free allocation of this sub-installation shall be set to zero as of the year following the cessation of operations.

               5.   For new sub-installations and for new entrants, for the first three calendar years of operation the free allocation of emission allowances shall not be adjusted. For the first and second calendar years of operation, the free allocation of emission allowances shall be based on the activity level of each year respectively, for the third calendar year of operation the free allocation of emission allowances shall be based on the historical activity level used to determine free allocation.

               6.   The final annual amount of emission allowances allocated for free to an installation shall be the sum of emission allowances of all sub-installations calculated in accordance with Article 16 or 18, as applicable, of Delegated Regulation (EU) 2019/331.

            Article 6
            Other changes in the operation of the installation

               1.   Where an operator demonstrates, based on the data submitted in the activity level report and any additional data requested by the competent authority, that the decrease of the activity level of a sub-installation for which the amount of free allocation has been determined based on a heat or fuel benchmark is not related to a change of production levels of the sub-installation, but due to the increased energy efficiency of that sub-installation in accordance with paragraph 3 of this Article, compared to the one based on the baseline data or the new entrant data report, by more than 15 %, no adjustment of free allocation shall be made.

               2.   Where an operator fails to demonstrate, upon request of the competent authority, based on the data submitted in the activity level report and any additional data requested by the competent authority, that the increase of the activity level of a sub-installation for which the amount of free allocation has been determined based on a heat or fuel benchmark is related to a change of production levels of the sub-installation and not due to the decrease of the energy efficiency of that sub-installation in accordance with paragraph 3 of this Article, compared to the one based on the baseline data or the new entrant data report, by more than 15 %, the competent authority may reject adjustment of free allocation.

               3.   For heat benchmark sub-installations and fuel benchmark sub-installations, the energy efficiency change shall be determined by comparing the quotients of the amount of heat or fuel used for the production of each product and the amounts of their respective production according to the baseline data report and after the change in the operation of the sub-installation has taken place. Such determination of energy efficiency shall be carried out for the production of each product covered by each PRODCOM code of the sub-installation under the list referred to in Article 2(2) of Council Regulation (EEC) No 3924/91 (6).
               In accordance with the first subparagraph of this paragraph, the amounts of heat and fuel used for the production of each product shall be determined in line with the methodologies laid down in the monitoring methodology plan as approved in accordance with Article 6 of Delegated Regulation (EU) 2019/331.

               4.   Where the activity level report submitted pursuant to Article 3 indicates that the rolling average of two years of a parameter listed in Article 16(5), Article 19, 20, 21 or 22 of Delegated Regulation (EU) 2019/331, other than activity levels, has changed by more than 15 % for a sub-installation, compared with the values used to determine the initial level of free allocation, the free allocation of allowances to that installation shall be adjusted, as of the year following the two years used for determining the change of parameters, provided that the adjustment of the annual preliminary amount of emission allowances allocated for free to the sub-installation is at least 100 emission allowances, by increasing or decreasing the free allocation for the relevant sub-installation using the new exact value of the parameter.

            Article 7
            Entry into force and application
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 31 October 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 275, 25.10.2003, p. 32.

            (2)  Commission Delegated Regulation (EU) 2019/331 of 19 December 2018 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 59, 27.2.2019, p. 8).

            (3)  Commission Implementing Regulation (EU) 2018/2067 of 19 December 2018 on the verification of data and on the accreditation of verifiers pursuant to Directive 2003/87/EC of the European Parliament and of the Council (OJ L 334, 31.12.2018, p. 94).

            (4)  Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements consolidated financial statements and related reports of certain types of undertakings (OJ L 182, 29.6.2013, p. 19).

            (5)  Commission Delegated Regulation (EU) 2019/1122 of 12 March 2019 supplementing Directive 2003/87/EC of the European Parliament and of the Council as regards the functioning of the Union Registry (OJ L 177, 2.7.2019, p. 3).

            (6)  Council Regulation (EEC) No 3924/91 of 19 December 1991 on the establishment of a Community survey of industrial production (OJ L 374, 31.12.1991, p. 1).


title: Commission Implementing Regulation (EU) 2019/1978 of 26 November 2019 amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office

text:
                  29.11.2019

                  EN

                  Official Journal of the European Union

                  L 308/58

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/1978
         of 26 November 2019
         amending Regulation (EC) No 1238/95 as regards the fees payable to the Community Plant Variety Office
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community Plant Variety Rights (1), and in particular Article 113 thereof,
         After consulting the Administrative Council of the Community Plant Variety Office,
         Whereas:

                     (1)

                     Article 3(2) of Commission Regulation (EC) No 1238/95 (2) provides that the President of the Community Plant Variety Office (‘the Office’) may allow alternative forms of payment of fees and surcharges and establishes a list of those alternative forms. In order to increase flexibility and simplify the processes it is appropriate to include such list of alternative forms of payment in the rules on working methods established by the Administrative Council of the Office on the basis of Article 36(1)(d) of Regulation (EC) No 2100/94.

                     (2)

                     Article 4(1) of Regulation (EC) No 1238/95 sets out the date to be regarded as the date on which payment is received. Based on experience in processing payments, it is necessary to clarify that the full amount of the transfer is to be entered in a bank account held by the Office to ensure that no pending obligations exist towards the Office.

                     (3)

                     Article 5 of Regulation (EC) No 1238/95 requires the person having made a payment to the Office to indicate in writing his name and the purpose of the payment. If the purpose of the payment cannot be established, the Office sends a reminder within two months. To increase the efficiency of handling payments, this deadline should be reduced from two months to one month.

                     (4)

                     Article 7(1) of Regulation (EC) No 1238/95 establishes the application fee. In order to encourage the use of the Office’s online electronic application system the fee for submission of applications by other means, such as paper applications, should be increased from EUR 650 to EUR 800. Moreover, practical experience has shown that the use of the online electronic application system would become more efficient if it was complemented with the obligatory use of the Office’s paperless communication platform for any further exchanges with the Office.

                     (5)

                     According to Article 7(7) of Regulation (EC) No 1238/95 the Office is to retain EUR 150 of the application fee if the application is not valid under Article 50 of Regulation (EC) No 2100/94. In order to decrease the administrative burden, the entirety of the application fee should be refunded.

                     (6)

                     In relation to the annual fee, Article 9(4) of Regulation (EC) No 1238/95 lays down that the Office does not refund any payments which have been effected in order to keep the Community plant variety right in force. Experience has shown that, in order to improve transparency, a refund may be provided for if the Office has received a surrender between the date of payment and the anniversary of the date of grant.

                     (7)

                     Annex I to Regulation (EC) No 1238/95 sets out the level of fees for arranging and carrying out the technical examination of a variety which is the subject of an application for a Community plant variety right (‘the examination fee’), payable to the Office..

                     (8)

                     The Administrative Council of the Office has decided to follow the principle of 100 % cost recovery so that the examination offices are reimbursed based on the average real costs of examinations.

                     (9)

                     Moreover, experience with technical examinations shows that examination fees may change over time for some cost groups. The fees charged by the Office should therefore reflect the total amount of the fees for the respective cost groups to be paid by the Office to the Examination Offices. The fees set out in Annex I to Regulation (EC) No 1238/95 should therefore be modified for all the cost groups concerned.

                     (10)

                     Regulation (EC) No 1238/95 should therefore be amended accordingly.

                     (11)

                     This Regulation should apply from 1 April 2020 in order to allow sufficient time for the Office and the stakeholders to adapt to those amendments.

                     (12)

                     The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Community Plant Variety Rights,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Regulation (EC) No 1238/95 is amended as follows:

                        (1)

                        In Article 3, paragraph 2 is replaced by the following:

                           ‘2.   The President of the Office may allow alternative forms of payment in accordance with rules on working methods which shall be established pursuant to Article 36(1)(d) of Council Regulation (EC) No 2100/94.’

                        (2)

                        In Article 4, paragraph 1 is replaced by the following:

                           ‘1.   The date on which a payment of fees and surcharges shall be considered to have been received by the Office shall be the date on which the full amount of the transfer referred to in Article 3(1) is entered in a bank account held by the Office.’

                        (3)

                        In Article 5, paragraph 2 is replaced by the following:

                           ‘2.   If the Office cannot establish the purpose of a payment, it shall require the person having made the payment to inform it thereof in writing within one month. If the purpose is not indicated within that period, the payment shall be deemed not to have been made and shall be refunded to the person having made it.’

                        (4)

                        Article 7 is amended as follows:

                                    (a)

                                    Paragraph 1 is replaced by the following:

                                       ‘1.   The applicant for a Community Plant Variety Right (the applicant) shall pay a fee of EUR 450 for the processing of an application filed and submitted via a web form by electronic means, made through the Office’s online application system.
                                       The applicant shall accept the Terms and Conditions of use of the secure electronic communications platform maintained by the Office and shall use that platform for submitting applications referred to in the first subparagraph and other documents, receiving notifications and documents sent by the Office, replying to such notifications and performing other actions.
                                       The applicant shall pay a fee of EUR 800 for the processing of an application submitted by means other than through the Office’s online application system.’

                                    (b)

                                    Paragraph 7 is replaced by the following:

                                       ‘7.   Where the application fee is received but the application is not valid under Article 50 of the basic Regulation, the Office shall refund the application fee when notifying the applicant of the deficiencies found in the application.’

                        (5)

                        In Article 9, paragraph 4 is replaced by the following:

                           ‘4.   The Office shall not refund any payments in relation to the annual fee which have been effected in order to keep the Community plant variety right in force, unless the Office has received a surrender of a Community plant variety right between the date for payment and the anniversary of the date grant as specified under point (b) of paragraph 2. Surrenders received after the anniversary of the date grant shall not be taken into account for such payments.’

                        (6)

                        Annex I is replaced by the text in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
            It shall apply from 1 April 2020.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 November 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 227, 1.9.1994, p. 1.

            (2)  Commission Regulation (EC) No 1238/95 of 31 May 1995 establishing implementing rules for the application of Council Regulation (EC) No 2100/94 as regards the fees payable to the Community Plant Variety Office (OJ L 121, 1.6.1995, p. 31).

            ‘ANNEX

                  ANNEX I

                     Fees relating to technical examination as referred to in Article 8

                  The fee to be paid for the technical examination of a variety pursuant to Article 8 shall be determined in accordance with the table:

                              (in EUR)

                              Cost group

                              Fee

                                 Agricultural group

                              1

                              Potato

                              2 050

                              2

                              Oilseed rape

                              2 150

                              3

                              Grasses

                              2 920

                              4

                              Other agricultural species

                              1 900

                                 Fruit group

                              5

                              Apple

                              3 665

                              6

                              Strawberry

                              3 400

                              7

                              Other fruit species

                              3 460

                                 Ornamental group

                              8

                              Ornamental living greenhouse

                              2 425

                              9

                              Ornamental living outdoor

                              2 420

                              10

                              Ornamental non-living greenhouse

                              2 400

                              11

                              Ornamental non-living outdoor

                              2 200

                              12

                              Ornamental special

                              3 900

                                 Vegetable group

                              13

                              Vegetable greenhouse

                              2 920

                              14

                              Vegetable outdoor

                              2 660

            ’


title: Council Implementing Regulation (EU) 2019/2101 of 9 December 2019 implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo

text:
                  10.12.2019

                  EN

                  Official Journal of the European Union

                  L 318/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2019/2101
         of 9 December 2019
         implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (1), and in particular Article 9,
         Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
         Whereas:

                     (1)

                     On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005.

                     (2)

                     Further to the review of the autonomous restrictive measures laid down in Article 2b of Regulation (EC) No 1183/2005, the statements of reasons of persons listed in Annex Ia to Regulation (EC) No 1183/2005 should be amended and two persons should be removed from the list in that Annex.

                     (3)

                     Annex Ia to Regulation (EC) No 1183/2005 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The list set out in Annex Ia to Regulation (EC) No 1183/2005 is replaced by the list as set out in the Annex to this Regulation.

            Article 2
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 9 December 2019.

                  For the Council

                  The President

               J. BORRELL FONTELLES

            (1)  OJ L 193, 23.7.2005, p. 1.

            ANNEX

                     ‘ANNEX Ia
                     LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2b
                     A.   Persons

                                 Name

                                 Identifying information

                                 Grounds for designation

                                 Date of designation

                                 1.

                                 Ilunga Kampete

                                             a.k.a. Gaston Hughes Ilunga Kampete; a.k.a. Hugues Raston Ilunga Kampete.

                                             DOB: 24.11.1964.

                                             POB: Lubumbashi (DRC).

                                             Military ID number: 1-64-86-22311-29.

                                             Nationality: DRC.

                                             Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, RDC.

                                             Gender: Male

                                 As Commander of the Republican Guard (GR), Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression, in September 2016 in Kinshasa.
                                 Owing to his continuing role as head of the GR, he is responsible for the repression and infringements of human rights committed by GR agents, such as the violent repression of an opposition rally in Lubumbashi in December 2018.
                                 Ilunga Kampete was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 2.

                                 Gabriel Amisi Kumba

                                             a.k.a. Gabriel Amisi Nkumba; “Tango Fort”; “Tango Four”.

                                             DOB: 28.5.1964.

                                             POB: Malela (DRC).

                                             Military ID number: 1-64-87-77512-30.

                                             Nationality: DRC.

                                             Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa/Ngaliema, RDC.

                                             Gender: Male

                                 Former Commander of the first defence zone of the Congolese Army (FARDC), whose forces took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 Gabriel Amisi Kumba has been Deputy Chief of Staff of the Congolese Armed Forces (FARDC) since July 2018, with responsibility for operations and intelligence. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC.
                                 Gabriel Amisi Kumba was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 3.

                                 Ferdinand Ilunga Luyoyo

                                             DOB: 8.3.1973.

                                             POB: Lubumbashi (DRC).

                                             Passport no: OB0260335 (valid from 15.4.2011 to 14.4.2016).

                                             Nationality: DRC.

                                             Address: 2, avenue des Orangers, Kinshasa/Gombe, RDC.

                                             Gender: Male

                                 As Commander of the anti-riot unit Légion Nationale d’Intervention of the Congolese National Police (PNC), Ferdinand Ilunga Luyoyo was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 Ferdinand Ilunga Luyoyo has been Commander of the PNC unit responsible for the protection of institutions and high-ranking officials since July 2017. Owing to his role, he bears responsibility for the recent human rights violations committed by the PNC.
                                 Ferdinand Ilunga Luyoyo was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 4.

                                 Célestin Kanyama

                                             a.k.a. Kanyama Tshisiku Celestin; Kanyama Celestin Cishiku Antoine; Kanyama Cishiku Bilolo Célestin.

                                             Esprit de mort.

                                             DOB: 4.10.1960.

                                             POB: Kananga (DRC).

                                             Nationality: DRC.

                                             Passport no: OB0637580 (valid from 20.5.2014 to 19.5.2019).

                                             Was granted Schengen visa no. 011518403, issued on 2.7.2016.

                                             Address: 56, avenue Usika, Kinshasa/Gombe, RDC.

                                             Gender: Male

                                 As Commissioner of the Congolese National Police (PNC), Célestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa.
                                 In July 2017, Célestin Kanyama was appointed Director-General of the National Police’s training schools. Owing to his role as a senior PNC official, he bears responsibility for the recent human rights violations committed by the PNC. One example is the intimidation and deprivation of freedom imposed on journalists by police officers in October 2018, after the publication of a series of articles on the misappropriation of police cadet rations and the role that General Kanyama played in these events.
                                 Célestin Kanyama was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 5.

                                 John Numbi

                                             a.k.a. John Numbi Banza Tambo; John Numbi Banza Ntambo; Tambo Numbi.

                                             DOB: 16.8.1962.

                                             POB: Jadotville-Likasi-Kolwezi (DRC).

                                             Nationality: DRC.

                                             Address: 5, avenue Oranger, Kinshasa/Gombe, RDC.

                                             Gender: Male

                                 John Numbi has been Inspector-General of the Congolese Armed Forces (FARDC) since July 2018. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC, such as disproportionate violence committed in June-July 2019 by FARDC troops under his direct authority against people who were mining illegally.
                                 John Numbi was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 6.

                                 Delphin Kahimbi

                                             a.k.a. Delphin Kahimbi Kasagwe; Delphin Kayimbi Demba Kasangwe; Delphin Kahimbi Kasangwe; Delphin Kahimbi Demba Kasangwe; Delphin Kasagwe Kahimbi.

                                             DOB: 15.1.1969 (alternatively: 15.7.1969).

                                             POB: Kiniezire/Goma (DRC).

                                             Nationality: DRC.

                                             Diplomatic passport no: DB0006669 (valid from 13.11.2013 to 12.11.2018).

                                             Address: 1, 14eme rue, Quartier Industriel, Linete, Kinshasa, RDC.

                                             Gender: Male

                                 Delphin Kahimbi has been assistant Chief of Staff within the FARDC General Staff since July 2018, with responsibility for intelligence. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC.
                                 Delphin Kahimbi was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 12.12.2016

                                 7.

                                 Evariste Boshab

                                             a.k.a. Evariste Boshab Mabub Ma Bileng.

                                             DOB: 12.1.1956.

                                             POB: Tete Kalamba (DRC).

                                             Nationality: DRC.

                                             Diplomatic passport number: DP0000003 (valid: 21.12.2015— expiry: 20.12.2020).

                                             Schengen visa expired on 5.1.2017.

                                             Address: 3, avenue du Rail, Kinshasa/Gombe, RDC.

                                             Gender: Male

                                 In his capacity as Vice Prime Minister and Minister of Interior and Security from December 2014 to December 2016, Evariste Boshab was officially responsible for the police and security services and coordinating the work of provincial governors. In this capacity, he was responsible for arrests of activists and opposition members, as well as disproportionate use of force, including between September 2016 and December 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services.
                                 Evariste Boshab was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.
                                 Evariste Boshab also played a part in the exploitation and aggravation of the crisis in the Kasai region, where he maintains a position of influence, particularly since becoming senator of Kasai in March 2019.

                                 29.5.2017

                                 8.

                                 Alex Kande Mupompa

                                             a.k.a. Alexandre Kande Mupomba; Kande-Mupompa.

                                             DOB: 23.9.1950.

                                             POB: Kananga (DRC).

                                             Nationality: DRC and Belgian.

                                             DRC passport number: OP0024910 (valid: 21.3.2016— expiry: 20.3.2021).

                                             Addresses: Messidorlaan 217/25, 1180 Uccle, Belgium

                                             1, avenue Bumba, Kinshasa/Ngaliema, RDC.

                                             Gender: Male

                                 As Governor of Kasai Central until October 2017, Alex Kande Mupompa was responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from August 2016, including killings in the territory of Dibaya in February 2017.
                                 Alex Kande Mupompa was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.
                                 Alex Kande Mupompa also played a part in the exploitation and aggravation of the crisis in the Kasai region for which he was a representative until October 2019 and in which he maintains a position of influence through the Congrès des alliés pour l’action au Congo (CAAC) which is part of the provincial government of Kasai.

                                 29.5.2017

                                 9.

                                 Jean-Claude Kazembe Musonda

                                             DOB: 17.5.1963.

                                             POB: Kashobwe (DRC).

                                             Nationality: DRC.

                                             Address: 7891, avenue Lubembe, Quartier Lido, Lubumbashi, Haut-Katanga, RDC.

                                             Gender: Male

                                 As Governor of Haut-Katanga until April 2017, Jean-Claude Kazembe Musonda was responsible for the disproportionate use of force and violent repression committed by security forces and the PNC in Haut-Katanga, including between 15 and 31 December 2016, when 12 civilians were killed and 64 were injured as a result of the use of lethal force by security forces including PNC agents in response to protests in Lubumbashi.
                                 Jean-Claude Kazembe Musonda was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.
                                 Jean-Claude Kazembe Musonda is the leader of the CONAKAT party, which is part of the coalition under former President Joseph Kabila.

                                 29.5.2017

                                 10.

                                 Éric Ruhorimbere

                                             a.k.a. Eric Ruhorimbere Ruhanga; Tango Two; Tango Deux.

                                             DOB: 16.7.1969.

                                             POB: Minembwe (DRC).

                                             Military ID number: 1-69-09-51400-64.

                                             Nationality: DRC.

                                             DRC passport number OB0814241.

                                             Address: Mbujimayi, Kasai Province, RDC.

                                             Gender: Male

                                 As Deputy Commander of the 21st military region from September 2014 to July 2018, Éric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by FARDC forces, notably against the Nsapu militia and women and children.
                                 Éric Ruhorimbere has been the Commander of the Nord Equateur operational sector since July 2018. Owing to his role, he bears responsibility for the recent human rights violations committed by the FARDC.
                                 Éric Ruhorimbere was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.

                                 29.5.2017

                                 11.

                                 Emmanuel Ramazani Shadari

                                             a.k.a. Emmanuel Ramazani Shadari Mulanda; Shadary.

                                             DOB: 29.11.1960.

                                             POB: Kasongo (DRC).

                                             Nationality: DRC.

                                             Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, RDC.

                                             Gender: Male

                                 As Vice Prime Minister and Minister of Interior and Security until February 2018, Ramazani Shadari was officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he was responsible for the arrests of activists and opposition members, as well as for the disproportionate use of force, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa in January-February 2017 and the disproportionate use of force and violent repression in the Kasai provinces.
                                 In this capacity, Ramazani Shadari was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.
                                 Ramazani Shadari has been permanent secretary of the Parti du peuple pour la reconstruction et le développement (PPRD) since February 2018, the main party in the coalition under former President Joseph Kabila.

                                 29.5.2017

                                 12.

                                 Kalev Mutondo

                                             a.k.a. Kalev Katanga Mutondo, Kalev Motono, Kalev Mutundo, Kalev Mutoid, Kalev Mutombo, Kalev Mutond, Kalev Mutondo Katanga, Kalev Mutund.

                                             DOB: 3.3.1957.

                                             Nationality: DRC.

                                             Passport number: DB0004470 (issued: 8.6.2012— expires: 7.6.2017).

                                             Address: 24, avenue Ma Campagne, Kinshasa, RDC.

                                             Gender: Male

                                 As Head of the National Intelligence Service (ANR) until February 2019, Kalev Mutondo was involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others.
                                 Kalev Mutondo was therefore involved in planning, directing, or committing acts that constitute serious human rights violations or abuses in DRC.
                                 In May 2019, he signed a declaration of past and future loyalty to Joseph Kabila, and he remains his close associate for security matters.

                                 29.5.2017

                           B.   Entities
                     […]

               ’.