title: Commission Implementing Regulation (EU) 2018/1848 of 26 November 2018 on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2018

text:
                  27.11.2018

                  EN

                  Official Journal of the European Union

                  L 300/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/1848
         of 26 November 2018
         on the reimbursement, in accordance with Article 26(5) of Regulation (EU) No 1306/2013 of the European Parliament and of the Council, of the appropriations carried over from financial year 2018
         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 26(6) thereof,
         After consulting the Committee on the Agricultural Funds,
         Whereas:

                     (1)

                     In accordance with point (d) of the first subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (2) non-committed appropriations relating to the actions financed by the European Agricultural Guarantee Fund (EAGF) as referred to in Article 4(1) of Regulation (EU) No 1306/2013 may be carried over to the following financial year. Such carryover is limited to 2 % of the initial appropriations voted by the European Parliament and by the Council and to the amount of the adjustment of direct payments as referred to in Article 8 of Regulation (EU) No 1307/2013 of the European Parliament and of the Council (3) which was applied during the preceding financial year.

                     (2)

                     In accordance with Article 26(5) of Regulation (EU) No 1306/2013, by way of derogation from the third subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046, Member States are to reimburse the carryover referred to in point (d) of the first subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 to the final recipients who are subject to the adjustment rate in the financial year to which the appropriations are carried over. That reimbursement only applies to final beneficiaries in those Member States where financial discipline applied (4) in the preceding financial year.

                     (3)

                     When setting the amount of the carryover to be reimbursed, in accordance with Article 26(7) of Regulation (EU) No 1306/2013 the amounts of the reserve for crises in the agricultural sector referred to in Article 25 of that Regulation, not made available for crisis measures by the end of the financial year, are to be taken into account.

                     (4)

                     In accordance with Article 1(1) of Commission Implementing Regulation (EU) 2017/1236 (5), financial discipline is applied to direct payments in respect of calendar year 2017 to establish the crisis reserve. The crisis reserve has not been called on in financial year 2018.

                     (5)

                     In order to ensure that the reimbursement to the final recipients of unused appropriations as a result of the application of financial discipline remains proportionate to the amount of the financial discipline adjustment, it is appropriate that the Commission determines the amounts available to the Member States for the reimbursement. However, in the case of Romania, further clarification of the amount is required with reference to the threshold of EUR 2 000 that applies to financial discipline in accordance with Article 8(1) of Regulation (EU) No 1307/2013. Therefore, with a view to sound financial management, at this stage no amount should be made available to Romania for reimbursement.

                     (6)

                     To avoid compelling Member States to make an additional payment for that reimbursement, this Regulation needs to apply from 1 December 2018. Consequently, the amounts established by this Regulation are definitive and apply, without prejudice to the application of reductions in accordance with Article 41 of Regulation (EU) No 1306/2013, to any other corrections taken into account in the monthly payment decision concerning the expenditure effected by the paying agencies of the Member States for October 2018, in accordance with Article 18(3) of Regulation (EU) No 1306/2013 and to any deductions and supplementary payments to be made in accordance with Article 18 (4) of that Regulation or to any decisions which will be taken within the framework of the clearance of accounts procedure.

                     (7)

                     In accordance with the introductory phrase of Article 12(2) of Regulation (EU, Euratom) 2018/1046 the non-committed appropriations may be carried over to the following financial year only. It is therefore appropriate for the Commission to determine eligibility dates for the expenditure of the Member States in relation to the reimbursement in accordance with Article 26(5) of Regulation (EU) No 1306/2013, taking into account the agricultural financial year as defined in Article 39 of that Regulation.

                     (8)

                     In order to take into account the short time span between the communication of the execution of 2018 EAGF appropriations under shared management for the period from 16 October 2017 to 15 October 2018 by the Member States and the need to apply this Regulation from 1 December 2018, this Regulation should enter into force on the date of its publication in the Official Journal of the European Union,

               HAS ADOPTED THIS REGULATION:

            Article 1
            The amounts of the appropriations that will be carried over from financial year 2018 in accordance with point (d) of the first subparagraph and the third subparagraph of Article 12(2) of Regulation (EU, Euratom) 2018/1046 and that in accordance with Article 26(5) of Regulation (EU) No 1306/2013 are made available to the Member States for the reimbursement to the final recipients who are subject to the adjustment rate in financial year 2019, are laid down in the Annex to this Regulation.
            The amounts that will be carried over are subject to the carryover decision of the Commission in accordance with Article 12(3) of Regulation (EU, Euratom) 2018/1046.

            Article 2
            Member States' expenditure in relation to the reimbursement of the appropriations carried over shall only be eligible for Union financing if the relevant amounts have been paid to the beneficiaries before 16 October 2019.

            Article 3
            This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.

            It shall apply from 1 December 2018.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 26 November 2018.

                  For the Commission,

                  On behalf of the President,

               Jerzy PLEWA

                  Director-General

                  Directorate-General for Agriculture and Rural Development

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

            (2)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

            (3)  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).

            (4)  Financial discipline does not apply in financial year 2018 in Croatia in accordance with Article 8(2) of Regulation (EU) No 1307/2013.

            (5)  Commission Implementing Regulation (EU) 2017/1236 of 7 July 2017 fixing the adjustment rate for direct payments pursuant to Regulation (EU) No 1306/2013 of the European Parliament and of the Council in respect of the calendar year 2017 (OJ L 177, 8.7.2017, p. 34).

            ANNEX

               Amounts available for reimbursement of appropriations carried over

                        (amounts in EUR)

                        Belgium

                        6 161 684

                        Bulgaria

                        9 587 009

                        Czech Republic

                        10 987 702

                        Denmark

                        10 546 883

                        Germany

                        59 193 541

                        Estonia

                        1 447 227

                        Ireland

                        13 388 758

                        Greece

                        17 000 938

                        Spain

                        56 644 658

                        France

                        89 984 293

                        Italy

                        37 174 980

                        Cyprus

                        361 986

                        Latvia

                        2 320 276

                        Lithuania

                        4 395 876

                        Luxembourg

                        414 189

                        Hungary

                        15 304 215

                        Malta

                        35 723

                        Netherlands

                        8 806 769

                        Austria

                        7 072 660

                        Poland

                        25 830 473

                        Portugal

                        6 760 101

                        Slovenia

                        930 229

                        Slovakia

                        5 782 443

                        Finland

                        5 996 258

                        Sweden

                        8 136 646

                        United Kingdom

                        39 617 734


title: Commission Implementing Regulation (EU) 2018/154 of 30 January 2018 opening a tendering procedure for buying-in skimmed milk powder during the public intervention period from 1 March to 30 September 2018

text:
               1.2.2018

               EN

               Official Journal of the European Union

               L 29/6

         COMMISSION IMPLEMENTING REGULATION (EU) 2018/154
   of 30 January 2018
   opening a tendering procedure for buying-in skimmed milk powder during the public intervention period from 1 March to 30 September 2018
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1),
   Having regard to Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (2), and in particular Article 3(6) thereof,
   Having regard to Commission Implementing Regulation (EU) 2016/1240 of 18 May 2016 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to public intervention and aid for private storage (3), and in particular Article 12(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 12 of Regulation (EU) No 1308/2013, public intervention is available for skimmed milk powder from 1 March to 30 September.

               (2)

               Regulation (EU) No 1370/2013 provides that the quantitative limitation for buying-in skimmed milk powder at fixed price shall be set at zero tonne for the year 2018.

               (3)

               In accordance with Article 3(2) of Regulation (EU) No 1370/2013, a tendering procedure is therefore to be opened for buying-in skimmed milk powder from the start of the public intervention period in 2018.

               (4)

               Section 3 of Chapter II of Title II of Implementing Regulation (EU) 2016/1240 lays down rules for buying-in via a tendering procedure.

               (5)

               In accordance with Article 9(1)(b) of Implementing Regulation (EU) 2016/1240 the time limit for Member States to notify the Commission of all admissible tenders should be set.

               (6)

               In the interest of efficient administration, Member States should use, for their notifications to the Commission, information systems in accordance with Commission Delegated Regulation (EU) 2017/1183 (4) and Commission Implementing Regulation (EU) 2017/1185 (5),

         HAS ADOPTED THIS REGULATION:
   Article 1
   Opening of the tendering procedure
   A tendering procedure is opened from 1 March to 30 September 2018 for buying-in skimmed milk powder into intervention, under the conditions provided for in Section 3 of Chapter II of Title II of Implementing Regulation (EU) 2016/1240 and in this Regulation.
   Article 2
   Submission of tenders
   1.   The periods during which tenders may be submitted shall end at 11.00 (Brussels time) on the third Tuesday of the month. However, in August, the closing date for the submission of tenders shall be the fourth Tuesday of the month at 11.00 (Brussels time).
   If Tuesday is a public holiday the time limit shall be 11.00 (Brussels time) on the previous working day.
   2.   Tenders shall be submitted to the paying agencies approved by the Member States (6).
   Article 3
   Notification to the Commission
   The notification provided for in Article 9(1)(b) of Implementing Regulation (EU) 2016/1240 shall be made by 16.00 (Brussels time) on the closing dates for the submission of tenders as referred to in Article 2 of this Regulation, in accordance with Delegated Regulation (EU) 2017/1183 and Implementing Regulation (EU) 2017/1185.
   Article 4
   Entry into force
   This Regulation shall enter into force on the third 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, 30 January 2018.

            For the Commission,

            On behalf of the President,

         Jerzy PLEWA

            Director-General

            Directorate-General for Agriculture and Rural Development

      (1)  OJ L 347, 20.12.2013, p. 671.

      (2)  OJ L 346, 20.12.2013, p. 12.

      (3)  OJ L 206, 30.7.2016, p. 71.

      (4)  Commission Delegated Regulation (EU) 2017/1183 of 20 April 2017 on supplementing Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council with regard to the notifications to the Commission of information and documents (OJ L 171, 4.7.2017, p. 100).

      (5)  Commission Implementing Regulation (EU) 2017/1185 of 20 April 2017 laying down rules for the application of Regulations (EU) No 1307/2013 and (EU) No 1308/2013 of the European Parliament and of the Council as regards notifications to the Commission of information and documents and amending and repealing several Commission Regulations (OJ L 171, 4.7.2017, p. 113).

      (6)  The addresses of the paying agencies are available on the European Commission website http://ec.europa.eu/agriculture/milk/policy-instruments/index_en.htm


title: Council Implementing Regulation (EU) 2018/164 of 2 February 2018 implementing Article 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan

text:
               3.2.2018

               EN

               Official Journal of the European Union

               L 31/1

         COUNCIL IMPLEMENTING REGULATION (EU) 2018/164
   of 2 February 2018
   implementing Article 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014 (1), and in particular Article 22(1) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 7 May 2015, the Council adopted Regulation (EU) 2015/735.

               (2)

               In view of the ever deteriorating humanitarian and security situation in South Sudan, and considering the lack of commitment by some actors to the peace process, as exemplified by repeated violations of the Cessation of Hostilities agreement signed on 21 December 2017, three persons should be added to the list of persons and entities subject to restrictive measures in Annex II to Regulation (EU) 2015/735.

               (3)

               Annex II to Regulation (EU) 2015/735 should therefore be amended accordingly,

         HAS ADOPTED THIS REGULATION:
   Article 1
   Annex II to Regulation (EU) 2015/735 is hereby 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, 2 February 2018.

            For the Council

            The President

         E. ZAHARIEVA

      (1)  OJ L 117, 8.5.2015, p. 13.

      ANNEX
      The following persons are added to the list set out in Annex II to Regulation (EU) 2015/735:

                     Name

                     Identifying information

                     Reasons

                     Date of listing

                     ‘1.

                     Paul Malong

                     DoB: 2 Jan. 1962; 12 Apr. 1960; 4 Dec. 1960; 30 Jan. 1960.
                     PoB: Malualkon, Sudan; Malualkon, South Sudan; Warawar, Sudan; Warawar, South Sudan

                     Paul Malong was Chief of the General Staff of the SPLA (Sudan People's Liberation Army) until May 2017. Although he has been removed from his position, he remains a highly influential figure as he commands control of several militia, has loyalties within the SPLA and has a large patronage network. His influence is also demonstrated by the facts that in October 2017 senior officers (including Lt. Col. Chan Garang) attempted to forcefully free Malong from house arrest; in January 2018, President Kiir accused Malong of mobilising for war. Malong also commanded troops that committed serious violations of human rights, including the targeting and killing of civilians and extensive destruction of villages.

                     3.2.2018

                     2.

                     Michael Makuei Leuth

                     DoB: 1947;
                     PoB: Bor, South Sudan; Bor, Sudan

                     Michael Makuei Leuth has held the position of Minister for Information and Broadcasting since 2013 and has been the public spokesman for the government delegation to the Intergovernmental Authority on Development (IGAD) peace talks. Makuei has obstructed the political process in South Sudan, in particular by obstructing the implementation of the Agreement on the Resolution of the Conflict in South Sudan (ARCSS) of August 2015 through inflammatory public statements and obstructing the work of the ARCSS Joint Monitoring Evaluation Committee and the establishment of the ARCSS Transitional Justice Institutions. He has also obstructed the operations of the UN's Regional Protection Force (RPF). Makuei is also responsible for serious violations of human rights, including restrictions on freedom of expression.

                     3.2.2018

                     3.

                     Malek Reuben Riak

                     Position: Lieutenant General
                     DoB: 1 Jan. 1960;
                     PoB: Yei, South Sudan

                     Malek Reuben Riak has served as Deputy Chief of Defence Staff and Inspector General of the government's army since May 2017. Prior to that, he served as Deputy Chief of Staff of the SPLA for Training (March 2016 – May 2017), and Deputy Chief of the SPLA (January 2013- March 2016). As Deputy Chief of Defence Staff, he played a key role in procuring weapons for the army.
                     Malek Reuben Riak was identified by the UN Panel of Experts as a senior official responsible for planning and overseeing the execution of the government offensive in Unity state in April 2015. Serious human rights violations were committed, which included the systematic destruction of villages and infrastructure, the forced displacement of the local population, the indiscriminate killing and torturing of civilians, the widespread use of sexual violence, including against the elderly and children, and the abduction and recruitment of children as soldiers. This offensive, in the context of the ongoing peace talks between the government and the opposition, has obstructed the political process by acts of violence.

                     3.2.2018’