title: Commission Implementing Regulation (EU) 2018/277 of 23 February 2018 amending Implementing Regulation (EU) 2015/207 with regard to changes to the models for the implementation reports for the Investment for Growth and Jobs goal and for the European territorial cooperation goal, as well as for the models for the progress report and the annual control reports and correcting that Regulation with regard to the model for the implementation report for the Investment for Growth and Jobs goal and annual control report

text:
               24.2.2018

               EN

               Official Journal of the European Union

               L 54/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/277
   of 23 February 2018
   amending Implementing Regulation (EU) 2015/207 with regard to changes to the models for the implementation reports for the Investment for Growth and Jobs goal and for the European territorial cooperation goal, as well as for the models for the progress report and the annual control reports and correcting that Regulation with regard to the model for the implementation report for the Investment for Growth and Jobs goal and annual control report
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Articles 111(5) and 127(6), thereof,
   Having regard to Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (2), and in particular Article 14(5) thereof,
   After consulting the Coordination Committee for the European Structural and Investment Funds,
   Whereas:

               (1)

               Article 52(2)(b) of Regulation (EU) No 1303/2013 states that the progress report is to assess progress made towards achievement of the Union strategy for smart, sustainable and inclusive growth, as well as of the Fund-specific missions referred to in Article 4(1) of that Regulation, among others also referring to country-specific recommendations.

               (2)

               To ensure consistency with Article 52(2)(b) of Regulation (EU) No 1303/2013, all relevant country-specific recommendations should be taken into account in this assessment, not only new ones as set out in point 2(c) of Part I of Annex I to Commission Implementing Regulation (EU) 2015/207 (3). Consequently, the model for the progress report, included in Annex I to Implementing Regulation (EU) 2015/207, should be amended accordingly.

               (3)

               To clarify the reporting requirements related to implementing the integrated approach to territorial development, the following should be amended to explicitly list integrated territorial investments: (i) the model for the progress report, as set out in Part I of Annex I to Implementing Regulation (EU) 2015/207, (ii) the model for the annual and final implementation reports for the Investment for Growth and Jobs goal, as set out in Part B of Annex V to that Regulation, (iii) the model for the implementation reports for the European territorial cooperation goal, as set out in Part B of Annex X to that Regulation.

               (4)

               Article 50(2) of Regulation (EU) No 1303/2013 provides that the data transmitted in the annual implementation report for the European Structural and Investment Funds are to relate to values for indicators for fully implemented operations and also, where possible, having regard to the stage of implementation, for selected operations.

               (5)

               To simplify reporting procedures, improve legal certainty for reporting requirements and ensure that monitoring data accurately reflect actual implementation progress, in particular for multiannual or multi-project operations, the models for annual implementation reports for programmes implemented under the Investment for Growth and Jobs goal, as set out in Annex V to Implementing Regulation (EU) 2015/207, and under the European territorial cooperation goal, as set out in Annex X to that Regulation, should be amended.

               (6)

               The amounts and ceilings under Articles 70(2)(b) and 98(2) of Regulation (EU) No 1303/2013 relate only to support from the Funds and not to total support. Several tables in Annex V to Implementing Regulation (EU) 2015/207, model for the annual and final implementation reports for the Investment for Growth and Jobs goal, refer instead to total support and should therefore be corrected.

               (7)

               Part C on ‘Reporting submitted in year 2019 and final implementation report (Article 50(5) of Regulation (EU) No 1303/2013)’ of Annex V to Implementing Regulation (EU) 2015/207 covers those elements which in accordance with Article 50(5) of Regulation (EU) No 1303/2013 are to be submitted in 2019 and in the final implementation report, in addition to the elements to be submitted in the reports for other years. Point 15 of Annex V to Implementing Regulation (EU) 2015/207 is part of Part B of that Annex and should therefore be corrected.

               (8)

               Article 127(1) of Regulation (EU) No 1303/2013 sets the minimum coverage for non-statistical samples. However, column C in Table 10.2 (Results of audits of operations) of Annex IX to Implementing Regulation (EU) 2015/207 only sets out the ‘Amount of irregular expenditure in random sample’. Table 10.2 should therefore be corrected by inserting another column to specify both the percentage of operations covered and the percentage of expenditure covered.

               (9)

               The notion of ‘residual error rate’ was defined in footnote 1 to point 5.9 of Annex IX (Model for the annual control report) to Implementing Regulation (EU) 2015/207. However, the heading of column F in Table 10.2 (Results of audits of operations) gives a different definition and should therefore be corrected.

               (10)

               For the sake of clarity, given the correction made to column C in Table 10.2 (Results of audits of operations) of Annex IX to Implementing Regulation (EU) 2015/207 by inserting a new column on the coverage of random sample and an explanatory footnote thereto as well as the correction of column F in that table, Table 10.2 (Results of audits of operations) of Annex IX should be replaced in total.

               (11)

               To make it possible for the envisaged measures to be applied promptly, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (12)

               Implementing Regulation (EU) 2015/207 should therefore be amended and corrected accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) 2015/207 is amended as follows:

               (1)

               Annex I is amended as follows:

                           (a)

                           in Part I, point 2(c) is replaced by the following:

                                       ‘(c)

                                       A description of the contribution of the ESI Funds to relevant country-specific recommendations.’;

                           (b)

                           in Part I, under point 5, a new sub-point (ca) is inserted:

                                       ‘(ca)

                                       In relation to Article 15(2)(a)(i) of Regulation (EU) No 1303/2013 - Overview of implementation of integrated actions for sustainable urban development.
                                       <type=’S’ maxlength=7000 input=’M’>’

                           (c)

                           in Part III, the title of point 11.1 is replaced by the following:‘11.1   Progress in the implementation of the integrated approach to territorial development, including development of regions facing demographic challenges and permanent or natural handicaps, integrated territorial investments, sustainable urban development, and community led local development under the operational programme’;

               (2)

               Annex V is amended as follows:

                           (a)

                           in Part A, Table 3A, the headings of the rows are replaced respectively by the following:

                                       ‘Cumulative value - outputs to be delivered by selected operations [forecast provided by beneficiaries]’ and

                                       ‘Cumulative value - outputs delivered by operations [actual achievement]’;

                           (b)

                           in Part B, the title of point 14.1, is replaced by the following:‘14.1   Progress in the implementation of the integrated approach to territorial development, including development of regions facing demographic challenges and permanent or natural handicaps, integrated territorial investments, sustainable urban development, and community led local development under the operational programme’;

               (3)

               Annex X is amended as follows:

                           (a)

                           in Part A, in Table 2, the headings of the rows are replaced respectively by the following:

                                       ‘Cumulative value - outputs to be delivered by selected operations [forecast provided by beneficiaries]’ and

                                       ‘Cumulative value - outputs delivered by operations [actual achievement]’;

                           (b)

                           in Part B, the title of point 11.1, is replaced by the following:‘11.1   Progress in the implementation of the integrated approach to territorial development, including integrated territorial investments, sustainable urban development, and community led local development under the cooperation programme’.

         Article 2
   Implementing Regulation (EU) 2015/207 is corrected as follows:

               (1)

               Annex V is corrected as follows:

                           (a)

                           in Table 8 ‘The use made of cross-financing’, columns 4 to 6 are replaced by the following:

                                       ‘4.

                                       5.

                                       6.

                                       As a share of the EU support to the priority axis (%) (3/EU support to priority axis*100)

                                       The amount of EU support used under cross financing based on eligible expenditure declared by the beneficiary to the managing authority (EUR)

                                       As a share of the EU support to the priority axis (%) (5/EU support to priority axis*100)’

                           (b)

                           in Table 9 ‘Cost of operations implemented outside the programme area’, columns 3 to 6 are replaced by the following:

                                       ‘3.

                                       4.

                                       5.

                                       6.

                                       The amount of EU support envisaged to be used for operations implemented outside the programme area based on selected operations (EUR)

                                       As a share of the EU support to the priority axis (%) (3/EU support to priority axis*100)

                                       The amount of EU support in operations implemented outside the programme area based on eligible expenditure declared by the beneficiary to the managing authority (EUR)

                                       As a share of the EU support to the priority axis (%) (5/EU support to priority axis*100)’

                           (c)

                           the following text is inserted between points 14.6 and 15 and deleted between points 15 and 16:
                           ‘PART C

                           REPORTING SUBMITTED IN YEAR 2019 AND FINAL IMPLEMENTATION REPORT (Article 50(5) of Regulation (EU) No 1303/2013)’;

               (2)

               in Annex IX, Table ‘10.2 Results of audit of operations’, is replaced by the following:
               ‘10.2   Results of audit of operations

                           Fund

                           Programme CCI number

                           Programme title

                           A

                           B

                           C

                           D

                           E

                           F

                           G

                           H

                           I

                           Amount in euros corresponding to the population from which the sample was drawn (4)

                           Expenditure in reference to the accounting year audited for the random sample

                           Coverage of non-statistical random sample (5)

                           Amount of irregular expenditure in random sample

                           Total error rate (6)

                           Corrections implemented as a result of the total error rate

                           Residual total error rate

                           Other expenditure audited (7)

                           Amount of irregular expenditure in other expenditure audited

                           Amount (8)

                           % (9)

                           % of operations covered

                           % of expenditure covered

         Article 3
   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, 23 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 320.

      (2)  OJ L 347, 20.12.2013, p. 259.

      (3)  Commission Implementing Regulation (EU) 2015/207 of 20 January 2015 laying down detailed rules implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards the models for the progress report, submission of the information on a major project, the joint action plan, the implementation reports for the Investment for Growth and Jobs goal, the management declaration, the audit strategy, the audit opinion and the annual control report and the methodology for carrying out the cost-benefit analysis and pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council as regards the model for the implementation reports for the European territorial cooperation goal (OJ L 38, 13.2.2015, p. 1).

      (4)  The column “A” shall refer to the population from which the random sample (see Article 127(1) of Regulation (EU) No 1303/2013) was drawn, i.e. total amount of declared expenditure (as referred to in Article 137(1)(a) of Regulation (EU) No 1303/2013 and corresponding to the amounts in column (A) of Appendix 1 of the accounts), less negative sampling units if any. Where applicable, explanations shall be provided in Section 5.4 above.

      (5)  This refers to the minimum coverage thresholds set out in the last subparagraph of Article 127(1) of Regulation (EU) No 1303/2013, when a non-statistical sample method is used. The requirement of 10 % of expenditure declared refers to the expenditure in the sample, independently of the use of sub-sampling. This means that the sample shall correspond to a minimum of 10 % of the expenditure declared, but when sub-sampling is used, the expenditure effectively audited could in fact be less.

      (6)  The total error rate is calculated before any financial corrections are applied in relation to the audited sample or the population from which the random sample was drawn. Where the random sample covers more than one Fund or programme, the total error rate (calculated) presented in column “E” concerns the whole population. Where stratification is used, further information by stratum shall be provided in Section 5.7 above.

      (7)  Where applicable, column “H” shall refer to expenditure audited in the context of a complementary sample.

      (8)  This column refers to the amount of expenditure audited and needs to be completed regardless of whether statistical or non-statistical sampling methods are applied. In case sub-sampling is applied under Article 28(9) of Regulation (EU) No 480/2014, only the amount of the expenditure items effectively audited under Article 27 of the same Regulation, shall be included in this column.

      (9)  This column refers to the percentage of expenditure audited in relation to the population and needs to be completed regardless of whether statistical or non-statistical sampling methods are applied.’


title: Commission Implementing Regulation (EU) 2018/278 of 23 February 2018 amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface

text:
               24.2.2018

               EN

               Official Journal of the European Union

               L 54/11

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/278
   of 23 February 2018
   amending the Annex to Regulation (EU) No 1305/2014 as regards the structure of the messages, data and message model, Wagon and Intermodal Unit Operating Database, and to adopt an IT standard for the communication layer of the Common Interface
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive (EU) 2016/797 of the European Parliament and of the Council of 11 May 2016 on the interoperability of the rail system within the European Union (1), and in particular Article 5(11) thereof,
   Whereas:

               (1)

               Article 19 of Regulation (EU) 2016/796 of the European Parliament and of the Council (2) requires the European Union Agency for Railways (the ‘Agency’) to address recommendations to the Commission on the technical specifications for interoperability (‘TSIs’) and their revision, in accordance with Article 5 of Directive (EU) 2016/797, and to ensure that TSIs are adapted to technical progress, market trends and social requirements.

               (2)

               On 23 September 2017, the Commission requested the Agency to issue a recommendation pursuant to paragraph 2 of Article 5 of Directive (EU) 2016/797 for the revision of the technical specifications for interoperability relating to the ‘telematics applications for freight’ subsystem of the rail system in the Union (‘TAF TSI’).

               (3)

               On 18 October 2017, the Agency issued a recommendation on the TAF TSI, in order to update the structure of the TAF TSI messages, data and message model, Wagon and Intermodal Unit Operating Database (WIMO), and to adopt an IT standard for the communication layer of the Common Interface. These changes have been introduced in order to overcome the former proprietary logic, and to allow a quicker and less costly implementation of this tool in the TAF TSI users' community. The reference files have been revised accordingly.

               (4)

               The provisions of the Annex to Commission Regulation (EU) No 1305/2014 (3) related to TAF TSI should be amended in order to define the Common interface Implementation Architecture in line with the structure of messages described above.

               (5)

               The measures provided for in this Regulation are in accordance with the opinion of the Committee established in accordance with Article 51(1) of Directive (EU) 2016/797,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Regulation (EU) No 1305/2014 is amended in accordance with 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.

      This Regulation shall be binding in its entirety and directly applicable in all Member States.
      Done at Brussels, 23 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 138, 26.5.2016, p. 44.

      (2)  Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (OJ L 138, 26.5.2016, p. 1).

      (3)  Commission Regulation (EU) No 1305/2014 of 11 December 2014 on the technical specification for interoperability relating to the telematics applications for freight subsystem of the rail system in the European Union and repealing the Regulation (EC) No 62/2006 (OJ L 356, 12.12.2014, p. 438).

      ANNEX
      Appendix I of the Annex to Regulation (EU) No 1305/2014 is replaced by the following:
      ‘
            Appendix I

               List of technical documents

                        No

                        Reference

                        Title

                        Version

                        Date

                        1

                        ERA-TD-100

                        TAF TSI — ANNEX A.5: FIGURES AND SEQUENCE DIAGRAMS OF THE TAF TSI MESSAGES

                        2.1

                        10.2.2015

                        2

                        ERA-TD-101

                        TAF TSI — Annex D.2: Appendix A (Wagon/ILU Trip Planning)

                        2.0

                        17.10.2013

                        3

                        ERA-TD-102

                        TAF TSI — Annex D.2: Appendix B — Wagon and Intermodal Unit Operating Database (WIMO)

                        2.1

                        10.2.2015

                        4

                        ERA-TD-103

                        TAF TSI — Annex D.2: Appendix C — Reference Files

                        2.1

                        10.2.2015

                        5

                        ERA-TD-104

                        TAF TSI — Annex D.2: Appendix E — Common Interface

                        2.2

                        23.2.2017

                        6

                        ERA-TD-105

                        TAF TSI — Annex D.2: Appendix F — TAF TSI Data and Message Model

                        2.2

                        23.2.2017

                  ’


title: Commission Implementing Regulation (EU) 2018/276 of 23 February 2018 amending Implementing Regulation (EU) No 215/2014 with regard to changes to the determination of milestones and targets for output indicators in the performance framework for the European Structural and Investment Funds

text:
               24.2.2018

               EN

               Official Journal of the European Union

               L 54/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/276
   of 23 February 2018
   amending Implementing Regulation (EU) No 215/2014 with regard to changes to the determination of milestones and targets for output indicators in the performance framework for the European Structural and Investment Funds
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the fifth subparagraph of Article 22(7) thereof,
   Whereas:

               (1)

               Article 5(3) of Commission Implementing Regulation (EU) No 215/2014 (2) sets out requirements for the determination of milestones and targets for output indicators in the performance framework for the different European Structural and Investment Funds (‘ESI Funds’).

               (2)

               The requirements set out in Article 5(3) of Implementing Regulation (EU) No 215/2014 imply that the managing authorities of the European Regional Development Fund, the Cohesion Fund and — in selected cases — the European Agricultural Fund for Rural Development should only report outputs against milestones and targets in the performance framework if these were delivered by operations, where all the actions leading to outputs were implemented in full.

               (3)

               To simplify reporting procedures, improve legal certainty and ensure that in the context of the performance framework the achievement of a milestone or target for an output indicator can be assessed based on the data that most accurately reflects the implementation progress, Article 5(3) of Implementing Regulation (EU) No 215/2014 should be amended to align the requirements for all ESI Funds.

               (4)

               Following the increase of the resources for the Youth Employment Initiative and its extension until the end of the programming period, Article 7(4) of Implementing Regulation (EU) No 215/2014 should be amended to establish how the achievement of targets should be assessed.

               (5)

               To make it possible for the envisaged measures to be applied promptly, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

               (6)

               The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the European Structural and Investment Funds.

               (7)

               Implementing Regulation (EU) No 215/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Implementing Regulation (EU) No 215/2014 is amended as follows:

               (1)

               Article 5(3) is replaced by the following:
               ‘3.   The milestone and target for an output indicator shall refer to the values achieved by operations, where all the actions leading to outputs have been implemented in full, but for which not all the related payments have necessarily been made, or to the values achieved by operations which have been started, but where some of the actions leading to outputs are still ongoing, or to the both.’;

               (2)

               Article 7(4) is replaced by the following:
               ‘4.   If the resources for the YEI are programmed as a part of a priority axis in accordance with Article 18(c) of Regulation (EU) No 1304/2013, a performance framework shall be established separately for the YEI and the achievement of milestones and targets set for the YEI shall be assessed separately from the other part of the priority axis.’

         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, 23 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 320.

      (2)  Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds (OJ L 69, 8.3.2014, p. 65).


title: Council Implementing Regulation (EU) 2018/282 of 26 February 2018 implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

text:
               26.2.2018

               EN

               Official Journal of the European Union

               LI 54/3

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/282
   of 26 February 2018
   implementing Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria and repealing Regulation (EU) No 442/2011 (1), and in particular Article 32(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.

               (2)

               In view of the gravity of the situation in Syria and considering the recent ministerial changes, two persons should be added to the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012. In addition, the information relating to five persons set out in Annex II to Regulation (EU) No 36/2012 should be updated.

               (3)

               Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II to Regulation (EU) No 36/2012 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the date 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, 26 February 2018.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 16, 19.1.2012, p. 1.

      ANNEX

                  I.

                  In the list set out in Part A (‘Persons’) of Annex II to Regulation (EU) No 36/2012, the following entries are added:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              ‘258.

                              Mohamed Mazen Ali Yousef
                              ()

                              Date of birth: 17 May 1969
                              Place of birth: Damascus countryside

                              Minister of Industry. Appointed in January 2018.

                              26.2.2018

                              259.

                              Imad Abdullah Sara
                              ()

                              Date of birth: 1968;
                              Place of birth: Damascus, Syria

                              Minister of Information. Appointed in January 2018.

                              26.2.2018’

                  II.

                  In the list set out in Part A (‘Persons’) of Annex II to Regulation (EU) No 36/2012, the following entries are replaced as follows:

                              Name

                              Identifying information

                              Reasons

                              Date of listing

                              ‘56.

                           Ali (
                                 ) Abdullah (
                                 ) (a.k.a. Abdallah) Ayyub (
                                 ) (a.k.a. Ayyoub, Ayub, Ayoub, Ayob)

                              Date of birth: 1952
                              Place of birth: Lattakia, Syria

                              Minister of Defence. Appointed in January 2018. Officer of the rank of General in the Syrian Army, in post after May 2011. Former Chief of General Staff of the Syrian Armed Forces. Person supporting the Assad regime and responsible for repression and violence against the civilian population in Syria.

                              14.11.2011

                              57.

                           Fahd (
                                 ) (a.k.a. Fahid, Fahed) Jasim (
                                 ) (a.k.a. Jasem, Jassim, Jassem) al-Furayj (
                                 ) (a.k.a. Al-Freij)

                              Date of birth: 1 January 1950
                              Place of birth: Hama, Syria

                              Former Minister of Defence. As a former Government Minister, shares responsibility for the regime's violent repression against the civilian population.

                              14.11.2011

                              212.

                              Ammar Al-Sharif
                              (a.k.a Amar Al-Sharif; Amar Al-Charif; Ammar Sharif; Ammar Charif; Ammar al Shareef; Ammar Sherif; Ammar Medhat Sherif)
                              ()

                              Date of birth: 26 June 1969
                              Place of birth: Lattakia
                              Nationality: Syrian
                              Syrian Passport:

                                          number: 010312413;

                                          issue number: 002-15-L093534;

                                          date of issue: 14 July 2015

                                          place of issue: Damascus-Centre;

                                          expiry date: 13 July 2021

                                    National number: 060-10276707

                              Leading Syrian businessman operating in Syria, active in the banking, insurance, and hospitality sectors. Founding partner of Byblos Bank Syria, major shareholder in Unlimited Hospitality Ltd, and board member of the Solidarity Alliance Insurance Company and the Al-Aqueelah Takaful Insurance Company.

                              28.10.2016

                              221.

                              Mohammed (a.k.a. Mohamed, Muhammad, Mohammad) Ramez Tourjman (a.k.a. Tourjuman)
                              ()

                              Date of birth: 1966
                              Place of birth: Damascus, Syria

                              Former Minister of Information. As a former Government Minister, shares responsibility for the regime's violent repression against the civilian population.

                              14.11.2016

                              227.

                              Ahmad al-Hamu (a.k.a. al-Hamo)
                              ()

                              Date of birth: 1947

                              Former Minister of Industry. As a former Government Minister shares responsibility for the regime's violent repression against the civilian population.

                              14.11.2016’


title: Council Implementing Regulation (EU) 2018/281 of 26 February 2018 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:
               26.2.2018

               EN

               Official Journal of the European Union

               LI 54/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/281
   of 26 February 2018
   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 from 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)

               In view of the continued threat posed by ISIL (Da'esh) and Al-Qaeda and natural and legal persons, entities or bodies associated with them, one person should be added to the list of natural and legal persons, entities and bodies 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 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, 26 February 2018.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 255, 21.9.2016, p. 1.

      ANNEX
      The following is added to Annex I to Regulation (EU) 2016/1686:

         ‘A.   Persons

                     1.

                     Fabien CLAIN (a.k.a. Omar); date of birth: 30 January 1978; place of birth: Toulouse (France); Nationality: French; Passport number No 06AP104665 issued on 16.1.2006 (expired); national identity card number: No 150161100206 issued on 8.1.2015 (valid until 7.1.2030).’.


title: Commission Implementing Regulation (EU) 2018/291 of 26 February 2018 amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenthrin (Text with EEA relevance. )

text:
               27.2.2018

               EN

               Official Journal of the European Union

               L 55/30

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/291
   of 26 February 2018
   amending Implementing Regulation (EU) No 540/2011 as regards the conditions of approval of the active substance bifenthrin
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular the second alternative of Article 21(3) and Article 78(2) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 582/2012 (2) approved bifenthrin as an active substance in accordance with Regulation (EC) No 1107/2009 and required the applicant at whose request bifenthrin was approved to provide, inter alia, confirmatory information on the residual toxicity for non-target arthropods and their potential for recolonisation and a monitoring programme to assess the potential for bioaccumulation and biomagnification in the aquatic and terrestrial environment.

               (2)

               On 29 July 2013 the applicant submitted the monitoring programme and the results thereof on 31 July 2015. On 29 July 2014 the applicant submitted the additional information to address the other confirmatory data requirements. These three submissions were provided to the Rapporteur Member State France within the time period provided for their submission.

               (3)

               France assessed the additional information and the monitoring programme submitted by the applicant. It submitted its assessment, in the form of an addendum to the draft assessment report, to the other Member States, the Commission and the European Food Safety Authority (‘the Authority’), on 17 December 2014, as regards the additional information submitted to address the other confirmatory data requirements, and on 3 November 2015 as regards the monitoring programme.

               (4)

               Those other Member States, the applicant and the Authority were consulted and asked to provide comments on the assessment of the rapporteur Member State. The Authority published the technical reports summarising the outcome of the consultation for bifenthrin on 26 March 2015 (3) as regards the additional information to address the other confirmatory data requirements and on 14 April 2016 (4) as regards the monitoring programme.

               (5)

               The draft assessment report, the addendum and the technical reports of the Authority were reviewed by the Member States and the Commission within the Standing Committee on Plants, Animals, Food and Feed and finalised on 26 January 2018 in the format of the Commission review report for bifenthrin. The Commission invited the applicant to submit its comments on the review report for bifenthrin. The applicant submitted its comments which have been carefully examined.

               (6)

               The Commission has come to the conclusion that the information submitted is insufficient and does not allow to conclude that adequate recolonisation of certain species of non-target arthropods in-field takes place while other possibilities of mitigation of such risk cannot realistically be implemented. In addition, the monitoring programme leaves uncertainty on whether its results, based on a superposition of mitigation techniques, are representative for agricultural practice and sufficient to assess the potential for bioaccumulation and biomagnification in the aquatic and terrestrial environment.

               (7)

               Therefore, in order to preclude the identified high risk for non-target arthropods and also to take into consideration the potential of bioaccumulation and biomagnification in the aquatic and terrestrial environment, it is appropriate to further restrict the conditions of use of bifenthrin and to only authorise applications in greenhouses with a permanent structure.

               (8)

               The Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should therefore be amended accordingly.

               (9)

               Member States should be allowed sufficient time to amend or withdraw authorisations for plant protection products containing bifenthrin.

               (10)

               For plant protection products containing bifenthrin, where Member States grant any grace period pursuant to Article 46 of Regulation (EC) No 1107/2009, that period should, at the latest, expire on 19 June 2019.

               (11)

               The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Amendment to Implementing Regulation (EU) No 540/2011
   The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with the Annex to this Regulation.
   Article 2
   Transitional measures
   Member States shall in accordance with Regulation (EC) No 1107/2009, where necessary amend or withdraw existing authorisations for plant protection products containing bifenthrin as active substance by 19 June 2018 at the latest.
   Article 3
   Grace period
   Any grace period granted by Member States in accordance with Article 46 of Regulation (EC) No 1107/2009 shall be as short as possible and shall expire by 19 June 2019 at the latest.
   Article 4
   Entry into force
   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, 26 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 309, 24.11.2009, p. 1.

      (2)  Commission Implementing Regulation (EU) No 582/2012 of 2 July 2012 approving the active substance bifenthrin, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 (OJ L 173, 3.7.2012, p. 3).

      (3)  EFSA (European Food Safety Authority), Technical report on the outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment of confirmatory data for bifenthrin. EFSA supporting publication 2015:EN-780. 23 pp.

      (4)  EFSA (European Food Safety Authority), Technical report on the outcome of the consultation with Member States, the applicant and EFSA on the pesticide risk assessment of confirmatory data for bifenthrin. EFSA supporting publication 2016:EN-1019. 39 pp.

      (5)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

      ANNEX
      The column ‘Specific provisions’ of row 23, bifenthrin, of Part B of the Annex to Implementing Regulation (EU) No 540/2011 is replaced by the following:

         ‘PART A
         Only uses as insecticide in greenhouses with a permanent structure may be authorised.
         PART B
         For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on bifenthrin, and in particular Appendices I and II thereof, as finalised in the Standing Committee on Plants, Animals, Food and Feed shall be taken into account.
         In this overall assessment, Member States must pay particular attention to:

                     (a)

                     releases from greenhouses, such as condensation water, drain water, soil or artificial substrate, in order to preclude risks to aquatic and other non-target organisms;

                     (b)

                     the protection of pollinator colonies purposely placed in the greenhouse;

                     (c)

                     the protection of operators and workers, ensuring that conditions of use include the application of adequate personal protective equipment, where appropriate.

               Conditions of authorisation shall include risk mitigation measures and provide for adequate labelling of plant protection products.’


title: Council Implementing Regulation (EU) 2018/286 of 26 February 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               27.2.2018

               EN

               Official Journal of the European Union

               L 55/15

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/286
   of 26 February 2018
   implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(1) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 30 August 2017, the Council adopted Regulation (EU) 2017/1509.

               (2)

               Annex XIV to Regulation (EU) 2017/1509 lists the vessels that must be seized, if the Sanctions Committee has so specified. It also lists the vessels for which access to ports in the territory of the Union is prohibited, if the Sanctions Committee has so specified.

               (3)

               On 26 February 2018, the Council adopted Decision (CFSP) 2018/293 (2), which changes the structure of Annex IV to Council Decision (CFSP) 2016/849 (3) which lists the vessels that have been designated by the Sanctions Committee.

               (4)

               Annex XIV to Regulation (EU) 2017/1509 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex XIV to Regulation (EU) 2017/1509 is amended as set out in the Annex to this Regulation.
   Article 2
   This Regulation shall enter into force on the day 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, 26 February 2018.

            For the Council

            The President

         F. MOGHERINI

      (1)  OJ L 224, 31.8.2017, p. 1.

      (2)  See page 50 of this Official Journal.

      (3)  Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (OJ L 141, 28.5.2016, p. 79).

      ANNEX
      Annex XIV to Regulation (EU) 2017/1509 is replaced by the following:
      ‘
            ANNEX XIV
            The vessels referred to in Article 34(2) and point (g) of Article 39(1) and applicable measures as specified by the Sanctions Committee

                        A.

                        Vessels subject to a seizure

                        B.

                        Vessels which are prohibited entry into ports

                                    1.

                                       Name: PETREL 8

                                    Additional information
                                    IMO: 9562233. MMSI: 620233000

                                    2.

                                       Name: HAO FAN 6

                                    Additional information
                                    IMO: 8628597. MMSI: 341985000

                                    3.

                                       Name: TONG SAN 2

                                    Additional information
                                    IMO: 8937675. MMSI: 445539000

                                    4.

                                       Name: JIE SHUN

                                    Additional information
                                    IMO: 8518780. MMSI: 514569000

                                    5.

                                       Name: BILLIONS NO. 18

                                    Additional information
                                    IMO: 9191773

                                    6.

                                       Name: UL JI BONG 6

                                    Additional information
                                    IMO: 9114556

                                    7.

                                       Name: RUNG RA 2

                                    Additional information
                                    IMO: 9020534

                                    8.

                                       Name: RYE SONG GANG 1

                                    Additional information
                                    IMO: 7389704

                  ’.


title: Commission Implementing Regulation (EU) 2018/288 of 19 February 2018 amending Implementing Regulation (EU) No 367/2014 setting the net balance available for EAGF expenditure

text:
               27.2.2018

               EN

               Official Journal of the European Union

               L 55/18

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/288
   of 19 February 2018
   amending Implementing Regulation (EU) No 367/2014 setting the net balance available for EAGF expenditure
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 16(2) thereof,
   Whereas:

               (1)

               Commission Implementing Regulation (EU) No 367/2014 (2) sets the net balance available for European Agricultural Guarantee Fund (EAGF) expenditure, as well as the amounts available for the budget years 2014 to 2020 for the European Agricultural Fund for Rural Development (EAFRD), pursuant to Article 10c(2) and Articles 136, 136a and 136b of Council Regulation (EC) No 73/2009 (3) and to Article 7(2), Article 14 and Article 66(1) of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (4).

               (2)

               In accordance with the fourth subparagraph of Article 14(1) of Regulation (EU) No 1307/2013, France, Lithuania and the Netherlands notified the Commission by 1 August 2017 of their decision to review, for the calendar years 2018 and 2019, their previous decision to transfer a certain percentage of their annual national ceilings of direct payments to rural development programming financed under the EAFRD as specified in Regulation (EU) No 1305/2013 of the European Parliament and of the Council (5). The relevant national ceilings were adapted through Commission Delegated Regulation (EU) 2018/162 (6).

               (3)

               In accordance with Article 3(1) of Council Regulation (EU, Euratom) No 1311/2013 (7), the sub-ceiling for market related expenditure and direct payments of the multiannual financial framework set out in Annex I to that Regulation is to be adjusted under the technical adjustment provided for in Article 6(1) of that Regulation following the transfers between the EAFRD and direct payments.

               (4)

               As a result of those changes, it is necessary to adjust the net balance available for EAGF as set by Implementing Regulation (EU) No 367/2014. For the sake of clarity, the amounts to be made available to the EAFRD should be also published.

               (5)

               Implementing Regulation (EU) No 367/2014 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   The Annex to Implementing Regulation (EU) No 367/2014 is replaced by the text in the Annex to this Regulation.
   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, 19 February 2018.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 347, 20.12.2013, p. 549.

      (2)  Commission Implementing Regulation (EU) No 367/2014 of 10 April 2014 setting the net balance available for EAGF expenditure (OJ L 108, 11.4.2014, p. 13).

      (3)  Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ L 30, 31.1.2009, p. 16).

      (4)  Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 (OJ L 347, 20.12.2013, p. 608).

      (5)  Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 (OJ L 347, 20.12.2013, p. 487).

      (6)  Commission Delegated Regulation (EU) 2018/162 of 23 November 2017 amending Annex I to Regulation (EU) No 1305/2013 of the European Parliament and of the Council and Annexes II and III to Regulation (EU) No 1307/2013 of the European Parliament and of the Council (OJ L 30, 2.2.2018, p. 6).

      (7)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      ANNEX
      ‘
            ANNEX

                        (EUR million — current prices)

                        Budget year

                        Amounts made available to EAFRD

                        Amounts transferred from EAFRD

                        Net balance available for EAGF expenditure

                        Article 10b of Regulation (EC) No 73/2009

                        Article 136 of Regulation (EC) No 73/2009

                        Article 136b of Regulation (EC) No 73/2009

                        Article 66 of Regulation (EU) No 1307/2013

                        Article 136a(1) of Regulation (EC) No 73/2009 and Article 14(1) of Regulation (EU) No 1307/2013

                        Article 7(2) of Regulation (EU) No 1307/2013

                        Article 136a(2) of Regulation (EC) No 73/2009 and Article 14(2) of Regulation (EU) No 1307/2013

                        2014

                        296,300

                        51,600

                        4,000

                        43 778,100

                        2015

                        51,600

                        4,000

                        621,999

                        499,384

                        44 189,785

                        2016

                        4,000

                        1 138,146

                        108,659

                        573,047

                        43 950,242

                        2017

                        4,000

                        1 174,732

                        111,026

                        572,440

                        44 145,682

                        2018

                        4,000

                        1 184,257

                        110,213

                        571,820

                        44 162,350

                        2019

                        4,000

                        1 491,459

                        111,358

                        571,158

                        43 880,341

                        2020

                        4,000

                        1 507,843

                        112,041

                        570,356

                        43 887,472

                  ’