title: Commission Implementing Regulation (EU) 2019/138 of 29 January 2019 amending Regulations (EC) No 1356/2004, (EC) No 1464/2004, (EC) No 786/2007, (EC) No 971/2008, (EU) No 1118/2010, (EU) No 169/2011 and Implementing Regulations (EU) No 888/2011 and (EU) No 667/2013 as regards the name of the holder of the authorisation for feed additives (Text with EEA relevance.)

text:
                  30.1.2019

                  EN

                  Official Journal of the European Union

                  L 26/1

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/138
         of 29 January 2019
         amending Regulations (EC) No 1356/2004, (EC) No 1464/2004, (EC) No 786/2007, (EC) No 971/2008, (EU) No 1118/2010, (EU) No 169/2011 and Implementing Regulations (EU) No 888/2011 and (EU) No 667/2013 as regards the name of the holder of the authorisation for feed additives
         (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 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1) and in particular Article 13(3) thereof,
         Whereas:

                     (1)

                     In accordance with Council Directive 70/524/EEC (2) monensin sodium and narasin, were authorised as feed additives by, respectively, Commission Regulations (EC) No 1356/2004 (3) and (EC) No 1464/2004 (4).

                     (2)

                     In accordance with Regulation (EC) No 1831/2003, endo-1,4-beta-mannanase and diclazuril were authorised as feed additives by, respectively, Commission Regulations (EC) No 786/2007 (5), (EC) No 971/2008 (6), (EU) No 1118/2010 (7), (EU) No 169/2011 (8) and Commission Implementing Regulations (EU) No 888/2011 (9) and (EU) No 667/2013 (10).

                     (3)

                     The holder of authorisation, Eli Lilly and Company Ltd, has submitted an application in accordance with Article 13(3) of Regulation (EC) No 1831/2003 proposing to change the name of the holder of the authorisation for the feed additives concerned.

                     (4)

                     The holder of authorisation claims that, with effect from 30 March 2018, Elanco GmbH, a division of Eli Lilly and Company Ltd owns the marketing rights for the additives concerned. The holder of authorisation has submitted relevant data supporting its request.

                     (5)

                     The proposed change of the terms of the authorisation is purely administrative in nature and does not entail a fresh assessment of the additives concerned. The European Food Safety Authority was informed of the application.

                     (6)

                     To allow Elanco GmbH to exploit its marketing rights it is necessary to change the terms of the authorisations concerned.

                     (7)

                     Regulations (EC) No 1356/2004, (EC) No 1464/2004, (EC) No 786/2007, (EC) No 971/2008, (EU) No 1118/2010, (EU) No 169/2011 and Implementing Regulations (EU) No 888/2011 and (EU) No 667/2013, should, therefore, be amended accordingly.

                     (8)

                     Since safety reasons do not require the immediate application of the amendments made by this Regulation, it is appropriate to allow a transitional period during which existing stocks may be used up.

                     (9)

                     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 Regulation (EC) No 1356/2004
            In the second column of the Annex to Regulation (EC) No 1356/2004, the words ‘Eli Lilly and Company Limited’ are replaced by the words ‘Elanco GmbH’.

            Article 2
            Amendment to Regulation (EC) No 1464/2004
            In the second column of the Annex to Regulation (EC) No 1464/2004, the words ‘Eli Lilly and Company Limited’ are replaced by the words ‘Elanco GmbH’.

            Article 3
            Amendment to Regulation (EC) No 786/2007
            In the second column of the Annex to Regulation (EC) No 786/2007, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 4
            Amendment to Regulation (EC) No 971/2008
            In the second column of the Annex to Regulation (EC) No 971/2008, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 5
            Amendment to Regulation (EU) No 1118/2010
            In the second column of the Annex to Regulation (EU) No 1118/2010, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 6
            Amendment to Regulation (EU) No 169/2011
            In the second column of the Annex to Regulation (EU) No 169/2011, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 7
            Amendment to Regulation (EU) No 888/2011
            In the second column of the Annex to Regulation (EU) No 888/2011 the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 8
            Amendment to Regulation (EU) No 667/2013
            Regulation (EU) No 667/2013 is amended as follows:

                        (1)

                        In the title, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’;

                        (2)

                        In the second column of the Annex, the words ‘Eli Lilly and Company Ltd’ are replaced by the words ‘Elanco GmbH’.

            Article 9
            Transitional measure
            Monensin sodium, narasin, endo-1,4-beta-mannanase, and diclazuril produced and labelled before the date of entry into force of this Regulation in accordance with the rules applicable before that date may continue to be placed on the market and used until stocks are exhausted.

            Article 10
            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, 29 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

            (1)  OJ L 268, 18.10.2003, p. 29.

            (2)  Council Directive of 23 November 1970 concerning additives in feeding-stuffs (OJ L 270, 14.12.1970, p. 1).

            (3)  Commission Regulation (EC) No 1356/2004 of 26 July 2004 concerning the authorisation for 10 years of the additive ‘Elancoban’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances (OJ L 251, 27.7.2004, p. 6).

            (4)  Commission Regulation (EC) No 1464/2004 of 17 August 2004 concerning the authorisation for 10 years of the additive ‘Monteban’ in feedingstuffs, belonging to the group of coccidiostats and other medicinal substances (OJ L 270, 18.8.2004, p. 8).

            (5)  Commission Regulation (EC) No 786/2007 of 4 July 2007 concerning the authorisation of endo-1,4-beta-mannanase EC 3.2.1.78 (Hemicell) as a feed additive (OJ L 175, 5.7.2007, p. 8).

            (6)  Commission Regulation (EC) No 971/2008 of 3 October 2008 concerning a new use of a coccidiostat as additive in feedingstuffs (OJ L 265, 4.10.2008, p. 3).

            (7)  Commission Regulation (EU) No 1118/2010 of 2 December 2010 concerning the authorisation of diclazuril as a feed additive for chickens for fattening (holder of authorisation Janssen Pharmaceutica NV) and amending Regulation (EC) No 2430/1999 (OJ L 317, 3.12.2010, p. 5).

            (8)  Commission Regulation (EU) No 169/2011 of 23 February 2011 concerning the authorisation of diclazuril as a feed additive for guinea fowls (holder of authorisation Janssen Pharmaceutica N.V.) (OJ L 49, 24.2.2011, p. 6).

            (9)  Commission Implementing Regulation (EU) No 888/2011 of 5 September 2011 concerning the authorisation of diclazuril as a feed additive for turkeys for fattening (holder of authorisation Janssen Pharmaceutica N.V..) and amending Regulation (EC) No 2430/1999 (OJ L 229, 6.9.2011, p. 9).

            (10)  Commission Implementing Regulation (EU) No 667/2013 of 12 July 2013 concerning the authorisation of diclazuril as a feed additive for chickens reared for laying (holder of authorisation Eli Lilly and Company Ltd) and repealing Regulation (EC) No 162/2003 (OJ L 192, 13.7.2013, p. 35).


title: Commission Implementing Regulation (EU) 2019/139 of 29 January 2019 approving the active substance Beauveria bassiana strain IMI389521, 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 (Text with EEA relevance.)

text:
                  30.1.2019

                  EN

                  Official Journal of the European Union

                  L 26/4

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/139
         of 29 January 2019
         approving the active substance Beauveria bassiana strain IMI389521, 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
         (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 Article 13(2) thereof,
         Whereas:

                     (1)

                     In accordance with Article 7(1) of Regulation (EC) No 1107/2009 the Netherlands received on 28 October 2014 an application from Exosect Limited for the approval of the active substance Beauveria bassiana strain IMI389521.

                     (2)

                     In accordance with Article 9(3) of Regulation (EC) No 1107/2009, the Netherlands, as rapporteur Member State, notified the applicant, the other Member States, the Commission and the European Food Safety Authority (‘the Authority’) on 2 June 2015 of the admissibility of the application.

                     (3)

                     On 22 February 2016 the rapporteur Member State submitted a draft assessment report to the Commission with a copy to the Authority, assessing whether that active substance can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009.

                     (4)

                     The Authority complied with Article 12(1) of Regulation (EC) No 1107/2009. In accordance with Article 12(3) of Regulation (EC) No 1107/2009, it requested that the applicant supply additional information to the Member States, the Commission and the Authority. The assessment of the additional information by the rapporteur Member State was submitted to the Authority in the format of an updated draft assessment report on 2 February 2017.

                     (5)

                     On 26 April 2017 the Authority communicated to the applicant, the Member States and the Commission its conclusion (2) on whether the active substance Beauveria bassiana strain IMI389521 can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Authority made its conclusion available to the public.

                     (6)

                     On 24 October 2018 the Commission presented to the Standing Committee on Plants, Animals, Food and Feed the draft review report for Beauveria bassiana strain IMI389521 and a draft Regulation providing that Beauveria bassiana strain IMI389521 is approved.

                     (7)

                     It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance, and in particular the uses which were examined and detailed in the review report, that the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009 are satisfied.

                     (8)

                     It is therefore appropriate to approve Beauveria bassiana strain IMI389521.

                     (9)

                     In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions. In particular, it is appropriate to include risk mitigation measures where appropriate.

                     (10)

                     In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (3) should be amended accordingly.

                     (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
            Approval of active substance
            The active substance Beauveria bassiana strain IMI389521, as specified in Annex I, is approved subject to the conditions laid down in that Annex.

            Article 2
            Amendments to Implementing Regulation (EU) No 540/2011
            The Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

            Article 3
            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, 29 January 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  EFSA (European Food Safety Authority), 2017. Conclusion on the peer review of the pesticide risk assessment of the active substance Beauveria bassiana IMI389521. EFSA Journal 2017;15(5):4831, 21 pp. doi:10.2903/j.efsa.2017.4831.

            (3)  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 I

                        Common Name, Identification Numbers

                        IUPAC Name

                        Purity (1)

                        Date of approval

                        Expiration of approval

                        Specific provisions

                           Beauveria bassiana strain IMI389521
                        Accession number in the CABI Genetic Resource Collection: IMI389521

                        Not applicable

                        Max. level of beauvericin: 0,09 mg/kg

                        19 February 2019

                        19 February 2029

                        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 Beauveria bassiana strain IMI389521, and in particular Appendices I and II thereof, shall be taken into account.
                        In this overall assessment Member States shall pay particular attention to:

                                    —

                                    the storage stability of the formulation(s) containing B. bassiana strain IMI389521 including the level of the metabolite beauvericin content after storage,

                                    —

                                    the content of the metabolite beauvericin produced under the application conditions,

                                    —

                                    the risk posed by beauvericin in infected insects present in the stored grain. Measures are required to ensure that such products do not enter the food and feed chain, taking into account the natural background level of beauvericin on cereal grains,

                                    —

                                    the protection of operators and workers, taking into account that B. bassiana strain IMI389521 is to be considered, as any micro-organism, as a potential sensitiser.

                              The compliance with strict maintenance of environmental conditions and quality control analysis during the manufacturing process, in order to ensure the fulfilment of the limits on microbiological contamination as referred to in the Working Document SANCO/12116/2012 (2)

                        Conditions of use shall include risk mitigation measures where appropriate.

               (1)  Further details on identity and specification of active substance are provided in the review report.

               (2)  https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf.

            ANNEX II
            In Part B of the Annex to Implementing Regulation (EU) No 540/2011, the following entry is added:

                           ‘130

                              Beauveria bassiana strain IMI389521
                           Accession number in the CABI Genetic Resource Collection: IMI389521

                           Not applicable

                           Max. level of beauvericin: 0,09 mg/kg

                           19 February 2019

                           19 February 2029

                           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 Beauveria bassiana strain IMI389521, and in particular Appendices I and II thereof, shall be taken into account.
                           In this overall assessment Member States shall pay particular attention to:

                                       —

                                       the storage stability of the formulation(s) containing B. bassiana strain IMI389521 including the level of the metabolite beauvericin content after storage;

                                       —

                                       the content of the metabolite beauvericin produced under the application conditions;

                                       —

                                       the risk posed by beauvericin in infected insects present in the stored grain. Measures are required to ensure that such products do not enter the food and feed chain, taking into account the natural background level of beauvericin on cereal grains;

                                       —

                                       the protection of operators and workers, taking into account that B. bassiana strain IMI389521 is to be considered, as any micro-organism, as a potential sensitiser.

                                 The compliance with strict maintenance of environmental conditions and quality control analysis during the manufacturing process, in order to ensure the fulfilment of the limits on microbiological contamination as referred to in the Working Document SANCO/12116/2012 (*1).
                           Conditions of use shall include risk mitigation measures where appropriate.

               (*1)  https://ec.europa.eu/food/sites/food/files/plant/docs/pesticides_ppp_app-proc_guide_phys-chem-ana_microbial-contaminant-limits.pdf’


title: Commission Implementing Regulation (EU) 2019/255 of 13 February 2019 amending Implementing Regulation (EU) No 821/2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data

text:
                  14.2.2019

                  EN

                  Official Journal of the European Union

                  L 43/15

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/255
         of 13 February 2019
         amending Implementing Regulation (EU) No 821/2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1303/2013 of 17 December 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 and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Articles 46(3) and 115(4) thereof,
         Whereas:

                     (1)

                     Commission Implementing Regulation (EU) No 821/2014 (2) lays down, among others, technical characteristics of information and communication measures. Due to changes in Chapter II of Title III of Part Three of Regulation (EU) No 1303/2013, as introduced by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3), the title of Implementing Regulation (EU) No 821/2014 and the title of Chapter II thereof should be amended accordingly.

                     (2)

                     In order to avoid unnecessary administrative burden and for reasons of simplification, the requirement that the name of a financial instrument is to include a reference to the fact that it is supported by the European Structural and Investment (‘ESI’) Funds should be removed. In accordance with Article 6(1)(b) of Commission Delegated Regulation (EU) No 480/2014 (4), the final recipients of financial instruments are nevertheless to be informed that funding is provided under programmes co-financed by the ESI Funds. The removal of the obligation to indicate the name of a financial instrument does therefore not have an impact on the visibility and communication requirements at the level of support to the final recipients. Article 4(4) of Implementing Regulation (EU) No 821/2014 should be amended accordingly.

                     (3)

                     Annex I to Commission Implementing Regulation (EU) No 821/2014 sets out the model for reporting on financial instruments governed by Articles 37 to 46 of Regulation (EU) No 1303/2013. A number of those provisions were amended by Regulation (EU, Euratom) 2018/1046.

                     (4)

                     In Article 38(1) of Regulation (EU) No 1303/2013, a new implementation option for combining ESI Funds with EIB financial products under the European Fund for Strategic Investments was introduced, as further set out in the new Article 39a thereof. It is therefore necessary to include this implementation option in the section on description of the financial instrument and implementation arrangements, and to include new data fields in the section of the model for reporting on financial instruments relating to the progress in achieving expected leverage, in order to capture the contributions of ESI Funds to financial instruments combining such contribution with EIB financial products under the European Fund for Strategic Investments.

                     (5)

                     In Article 38(4) of Regulation (EU) No 1303/2013, the rules for direct award to publicly-owned banks or institutions were clarified. It is therefore necessary to reflect such clarification by including this type of a body implementing financial instruments in the section of the model for reporting on financial instruments which relates to the identification of bodies implementing financial instruments and of bodies implementing a fund of funds, where applicable.

                     (6)

                     Subject to active treasury management, Article 44 of Regulation (EU) No 1303/2013 enables the financing of negative interest that has been generated as a result of investments of the ESI Funds pursuant to Article 43 of Regulation (EU) No 1303/2013 from resources paid back into the financial instrument. It is therefore necessary to align reporting requirements with this new provision. Such alignment should take place in the section of the model for reporting on financial instruments regarding the amounts paid back to financial instruments from investments.

                     (7)

                     The new Article 43a of Regulation (EU) No 1303/2013 clarifies the rules governing the differentiated treatment of investors operating under market economy principle in case of profit and risk sharing. It is therefore necessary to align the wording of the model for reporting on financial instruments with this clarified provision in the section on interest and other gains generated by support from the ESI Funds to the financial instrument, programme resources paid back to financial instruments from investments as referred to in Articles 43 and 44 and amounts used for differentiated treatment as referred to in Article 43a.

                     (8)

                     In Article 46 of Regulation (EU) No 1303/2013 the reporting obligations with regard to financial instruments were streamlined in order to avoid certain duplications. It is therefore necessary to streamline the information required in the data field 40 with the reporting requirement set out in Article 46(2)(i) of Regulation (EU) No 1303/2013. It is also necessary to move the requirement to report on the value of equity investments with respect to the previous year under title VII of the model for reporting on financial instruments governed by Article 46(2)(i) of Regulation (EU) No 1303/2013. In order to avoid unnecessary administrative burden and ensure consistency with the reporting systems already established by the managing authorities, the move of the existing data field 40 under Title VII, aiming to ensure consistency with the corresponding reference in Article 46(2)(i) of Regulation (EU) No 1303/2013, should not trigger its renumbering although its title should be aligned to that Article.

                     (9)

                     To avoid duplication of certain requirements and to align with the reporting requirements of Article 46(2)(h) of Regulation (EU) No 1303/2013, the reference to the value of investments and participations is deleted from the section on progress in achieving the expected leverage of the model of reporting on financial instruments.

                     (10)

                     As a consequence of the changes in Articles 37 to 46 of Regulation (EU) No 1303/2013 mentioned in recitals 3 to 9, Annex I of Implementing Regulation (EU) No 821/2014 should be amended accordingly.

                     (11)

                     The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the ESI Funds.

                     (12)

                     In order to ensure legal certainty and to limit discrepancies between the amended provisions of Regulation (EU) No 1303/2013, which apply from 2 August 2018 or earlier in accordance with Article 282 of Regulation (EU, Euratom) 2018/1046 and the provisions of this Regulation to a minimum, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (13)

                     Implementing Regulation (EU) No 821/2014 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Implementing Regulation (EU) No 821/2014 is amended as follows:

                        (1)

                        the title is replaced by the following:
                        ‘Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information, communication and visibility measures for operations and the system to record and store data’;

                        (2)

                        the title of Chapter II is replaced by the following:
                        ‘TECHNICAL CHARACTERISTICS OF INFORMATION, COMMUNICATION AND VISIBILITY MEASURES FOR OPERATIONS AND INSTRUCTIONS FOR CREATING THE UNION EMBLEM AND A DEFINITION OF THE STANDARD COLOURS’;

                        (3)

                        Article 4(4) is replaced by the following:

                           ‘4.   The name “European Union” shall always be spelled out in full. The typeface to be used in conjunction with the Union emblem may be any of the following fonts: Arial, Auto, Calibri, Garamond, Trebuchet, Tahoma, Verdana, Ubuntu. Italic, underlined variations or font effects shall not be used. The positioning of the text in relation to the Union emblem shall not interfere with the Union emblem in any way. The font size used shall be proportionate to the size of the emblem. The colour of the font shall be reflex blue, black or white depending on the background.’;

                        (4)

                        Annex I to Implementing Regulation (EU) No 821/2014 is amended in accordance with 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, 13 February 2019.

                  For the Commission

                  The President

               Jean-Claude JUNCKER

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

            (2)  Commission Implementing Regulation (EU) No 821/2014 of 28 July 2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data (OJ L 223, 29.7.2014, p. 7).

            (3)  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).

            (4)  Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing 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 (OJ L 138, 13.5.2014, p. 5).

            ANNEX
            Annex I to Implementing Regulation (EU) No 821/2014 is amended as follows:

                        (1)

                        data field 7.2 is replaced by the following:

                                    ‘7.2

                                    Financial instrument set up at national, regional, transnational or cross-border level, managed by or under the responsibility of the managing authority referred to in Article 38(1)(b), supported from ESI Fund programme contributions under points (a), (b), (c) and (d) of Article 38(4) of Regulation (EU) No 1303/2013’

                        (2)

                        a new data field 7.3 is added:

                                    ‘7.3

                                    Financial instrument combining a financial contribution from the managing authority with EIB financial products under the European Fund for Strategic Investment in accordance with Article 39a, referred to in Article 38(1)(c)’

                        (3)

                        data field 10 is replaced by the following:

                                    ‘10

                                    Legal status of the financial instrument, pursuant to Article 38(6) and Article 39a(5)(b) of Regulation (EU) No 1303/2013 (for financial instruments referred to in Article 38(1)(b) and (c) only): fiduciary account opened in the name of the implementing body and on behalf of the managing authority or separate block of finance within a financial institution’

                        (4)

                        Title III is replaced by the following:
                        ‘III.
                              Identification of the body implementing the financial instrument, and the body implementing fund of funds where applicable, as referred to under point (a), (b) and (c) of Article 38(1) of Regulation (EU) No 1303/2013 (Article 46(2)(c) of Regulation (EU) No 1303/2013’;

                        (5)

                        data field 11.1 is replaced by the following:

                                    ‘11.1

                                    Type of implementing body pursuant to Article 38(4) and Article 39a(5) of Regulation (EU) No 1303/2013: existing or newly created legal entity dedicated to implementing financial instruments; the European Investment Bank; the European Investment Fund; international financial institution in which a Member State is a shareholder; a publicly-owned bank or institution, established as a legal entity carrying out financial activities on a professional basis; a body governed by public or private law; managing authority undertaking implementation tasks directly (for loans or guarantees only)’

                        (6)

                        Title VII is replaced by the following:
                        ‘VII.
                              Interest and other gains generated by support from the ESI Funds to the financial instrument, programme resources paid back to the financial instrument from investments as referred to in Articles 43 and 44, amounts used for differentiated treatment as referred to in Article 43a and the value of equity investments with respect to previous years (Article 46(2)(g) and (i) of Regulation (EU) No 1303/2013)’;

                        (7)

                        data field 37 is replaced by the following:

                                    ‘37

                                    Amount of resources attributable to the ESI Funds used in accordance with Articles 43a and 44’

                        (8)

                        data field 37.1 is replaced by the following:

                                    ‘37.1

                                    out of which amounts paid for differentiated treatment of investors operating under the market economy principle, who provide counterpart resources to the support from the ESI Funds to the financial instrument or who co-invest at the level of the final recipient (in EUR)’

                        (9)

                        a new data field 37.3 is added:

                                    ‘37.3

                                    out of which amounts to cover losses in the nominal amount of the ESI Funds contribution to the financial instrument resulting from negative interest, if such losses occur despite active treasury management by the bodies implementing financial instruments (in EUR)’

                        (10)

                        the following new data field 40 is placed after the new data field 37.3:

                                    ‘40

                                    Value of equity investments, with respect to previous years (in EUR)’

                        (11)

                        Title VIII is replaced by the following:
                        ‘VIII.
                              Progress in achieving the expected leverage effect of investments made by the financial instrument (Article 46(2)(h) of Regulation (EU) No 1303/2013)’;

                        (12)

                        a new data field 38.1A is added:

                                    ‘38.1A

                                    Contribution under the EIB financial product committed in the funding agreement with the body implementing the financial instrument (only for the instruments under Article 38(1)(c)) (in EUR)’

                        (13)

                        a new data field 38.2A is added:

                                    ‘38.2A

                                    Contribution under EIB financial product paid to financial instrument (only for the instruments under Article 38(1)(c)) (in EUR)’

                        (14)

                        a new data field 38.3A is added:

                                    ‘38.3A

                                    Contribution under EIB financial product mobilised at the level of final recipient (only for the instruments under Article 38(1)(c)) (in EUR)’

                        (15)

                        data field 40 under Title VIII is deleted.


title: Commission Implementing Regulation (EU) 2019/256 of 13 February 2019 amending Implementing Regulation (EU) 2015/207 with regard to changes to the models for submission of the information on a major project, for the joint action plan, for the implementation reports for the Investment for growth and jobs goal and for the European territorial cooperation goal and correcting that Regulation with regard to data for the purpose of the performance review and performance framework

text:
                  14.2.2019

                  EN

                  Official Journal of the European Union

                  L 43/20

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/256
         of 13 February 2019
         amending Implementing Regulation (EU) 2015/207 with regard to changes to the models for submission of the information on a major project, for the joint action plan, for the implementation reports for the Investment for growth and jobs goal and for the European territorial cooperation goal and correcting that Regulation with regard to data for the purpose of the performance review and performance framework
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Regulation (EU) No 1303/2013 of 17 December 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 and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the fifth paragraph of Article 101, the second paragraph of Article 106, and Article 111(5), thereof,
         Having regard to Regulation (EU) No 1299/2013 of 17 December 2013 of the European Parliament and of the Council 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)

                     Annex II to Commission Implementing Regulation (EU) 2015/207 (3) sets out the format for submission of the information on a major project in accordance with Article 101 of Regulation (EU) No 1303/2013. Due to the amendments to Article 61 of Regulation (EU) No 1303/2013 as regards operations generating net revenue after completion, introduced by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (4), and due to the adoption by the Commission of a Notice on the notion of State aid (5), Annex II should be amended accordingly.

                     (2)

                     Annex IV to Implementing Regulation (EU) 2015/207 sets out the format of the model for the joint action plan in accordance with Article 106 of Regulation (EU) No 1303/2013. Due to the amendments to Articles 104 to 109 of Regulation (EU) No 1303/2013 as regards first Joint Action Plans and the content of Joint Action Plans, introduced by Regulation (EU, Euratom) 2018/1046, Annex IV should be amended accordingly.

                     (3)

                     Annex V to Implementing Regulation (EU) 2015/207 sets out the model for the implementation reports for the Investment for growth and jobs goal in accordance with Article 111 of Regulation (EU) No 1303/2013. Due to the amendments to Article 70(2) of Regulation (EU) No 1303/2013, as regards the eligibility of expenditure of operations implemented outside the programme area, and to Article 104(2) and (3) of that Regulation, as regards the thresholds for a first Joint Action Plan, as introduced by Regulation (EU, Euratom) 2018/1046, Annex V should be amended accordingly.

                     (4)

                     Table 4A of Annex V to Implementing Regulation (EU) 2015/207 includes the common output indicators for the European Social Fund (‘ESF’) and the Youth Employment Initiative (‘YEI’). Due to changes in Annex I to Regulation (EU) No 1304/2013 of the European Parliament and of the Council (6) setting out common output and result indicators for ESF investments, as introduced by Regulation (EU, Euratom) 2018/1046, Table 4A in Part A, point 3.2 of Annex V should be amended accordingly. As the changes in Annex I to Regulation (EU) No 1304/2013 apply from 1 January 2014, the amendments to Table 4A in Part A, point 3.2 of Annex V should also apply from 1 January 2014.

                     (5)

                     Annex X to Implementing Regulation (EU) 2015/207 sets out the model for the implementation reports for the European territorial cooperation goal in accordance with Article 14 of Regulation (EU) No 1299/2013. Due to the amendments to Article 104(2) and (3) of Regulation (EU) No 1303/2013, as regards the thresholds for a first Joint Action Plan, as introduced by Regulation (EU, Euratom) 2018/1046, Annex X should be amended accordingly.

                     (6)

                     The table in Part C, point 15 of Annex V to Implementing Regulation (EU) 2015/207 and the table in Part B, point 12 of Annex X to that Regulation, both with regard to financial information for the purpose of assessing progress towards the achievements of milestones and targets refer to expenditure ‘incurred and paid by beneficiaries and certified to the Commission by 31 December 2018’ and ‘incurred and paid by beneficiaries by 31 December 2023 and certified to the Commission’. Neither Regulation (EU) No 1303/2013 nor Commission Implementing Regulation (EU) No 215/2014 (7) include such a cut-off date for the certification of eligible expenditure with regard to the achievement of milestones and targets for financial indicators. Those tables should be corrected accordingly. In order to provide legal certainty as regards the requirements for reporting on the progress towards the achievement of milestones for financial indicators, to be included for the first time in the annual implementation report in 2019, it is necessary for that correction to apply retroactively with effect from the date of entry into force of this Regulation as first adopted.

                     (7)

                     In order to ensure legal certainty and to limit discrepancies between the amended provisions of Regulation (EU) No 1303/2013 which apply from 2 August 2018 or earlier in accordance with Article 282 of Regulation (EU, Euratom) 2018/1046 and the provisions of this Regulation to a minimum, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

                     (8)

                     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 II to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex I to this Regulation.

                        (2)

                        Annex IV to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex II to this Regulation.

                        (3)

                        Annex V to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex III to this Regulation.

                        (4)

                        Annex X to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex IV to this Regulation.

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

                        (1)

                        Annex V to Implementing Regulation (EU) 2015/207 is corrected in accordance with Annex V to this Regulation.

                        (2)

                        Annex X to Implementing Regulation (EU) 2015/207 is corrected in accordance with Annex VI to this Regulation.

            Article 3
            This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.
            Article 2 shall apply from 14 February 2015.
            Point (1) of Annex III shall apply from 1 January 2014.

            This Regulation shall be binding in its entirety and directly applicable in all Member States.
            Done at Brussels, 13 February 2019.

                  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)  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).

            (5)  Commission Notice on the notion of State aid as referred to in Article 107(1) of the Treaty on the Functioning of the European Union (C/2016/2946) (OJ C 262, 19.7.2016, p. 1).

            (6)  Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013, p. 470).

            (7)  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).

            ANNEX I
            Annex II to Implementing Regulation (EU) 2015/207 is amended as follows:

                        (1)

                        in point C.2, footnote 1 is replaced by the following:

                                    ‘(1)

                                    The Commission services provided guidance to Member States to facilitate the assessment when infrastructure investments involve State aid. In particular, the Commission services have prepared analytical grids. Commission Notice on the notion of State aid as referred to in Article 107(1) of the Treaty on the Functioning of the European Union has been published (C/2016/2946) (OJ C 262, 19.7.2016, p. 1). The Commission invites Member States to make use of the analytical grids or of other methods for explaining why it is considered that the support does not involve the granting of State aid.’;

                        (2)

                        in point C.3, the title of the last table is replaced by the following:
                        ‘Flat rate method or decreased co-financing rate method (Article 61(3)(a), Article 61(3)(aa) and Article 61(5) of Regulation (EU) No 1303/2013)’;

                        (3)

                        in point C.3, the last table is replaced by the following:

                                    ‘Value

                                    1.

                                    Total eligible cost before taking into account the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted)
                                    (Section C.1.12(C))

                                       <type=’N’ input=’G’>

                                    2.

                                    Net revenue flat rate as defined in Annex V to Regulation (EU) No 1303/2013 or delegated acts or established on the basis of Article 61(3)(aa) (FR) (%)

                                       <type=’N’ input=’M’>

                                    3.

                                    Total eligible cost after taking into account the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted) = (1) × (1 – FR) (*1)

                                       The maximum public contribution must respect the State aid rules and the amount of total aid granted reported above (if applicable)

                                       <type=’N’ input=’M’>

                        (4)

                        in point E.1.2, footnote 3 is replaced by the following:

                                    ‘(3)

                                    This does not apply: (1) for projects subject to the rules on State aids in the meaning of Article 107 of the Treaty (see point (G1), pursuant to Article 61(8) of Regulation (EU) No 1303/2013; (2) if flat rate (Article 61(3)(a) and Article 61(3)(aa) of Regulation (EU) No 1303/2013) or decreased co financing rate (Article 61(5) of Regulation (EU) No 1303/2013) is used; and (3) if the sum of the present values of operating and replacement costs are higher than the present value of revenues the project is not considered as revenue generating, in which case items 7 and 8 can be ignored and pro rata application of discounted net revenue should be set at 100 %.’.

               (*1)  In case of decreased co-financing rate method, this formula is not applicable (flat rate is reflected in the co-financing rate of the priority axis, resulting in lower ERDF/CF financing) and the total eligible cost is equal to the amount mentioned in point 1.’

            ANNEX II
            Annex IV to Implementing Regulation (EU) 2015/207 is amended as follows:

                        (1)

                        point A.8 is replaced by the following:

                                                ‘A.8.

                                                Type of JAP

                                    ( ) Normal ( ) YEI ( ) First JAP under IGJ (*)
                                    ( ) First JAP under ETC (**)

                                       [one possibility only]; <type=’C’ input=’M’>

                                    (*)

                                    First joint action plan submitted by the Member State under the Investment for growth and jobs goal in accordance with Article 104(3) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council

                                    (**)

                                    First joint action plan submitted by the Member State under the European Territorial Cooperation goal, in accordance with Article 104(3) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council’;

                        (2)

                        the title of part C is replaced by the following:
                        ‘C.   OBJECTIVES OF THE JAP’;

                        (3)

                        point C.1 is replaced by the following:

                                    ‘C.1.

                                       Please describe the objectives of the JAP and how it contributes to the objectives of the programme or to the relevant country-specific recommendations and the broad guidelines of the economic policies of the Member States and of the Union under Article 121(2) TFEU and the relevant Council recommendations under Article 148(4) TFEU which Member States are to take into account in their employment policies.

                                       <type=’S’ maxlength=’17500’ input=’M’>’

                        (4)

                        point C.2 is replaced by the following:

                                    ‘C.2.

                                       On the basis of the information provided in C.1, please set out the JAP objectives

                                                Number

                                                Code

                                                Objective

                                                JAP objective 1 <type=’S’ input=’S’>

                                                   <type=’N’ input=’M’>

                                                   <type=’S’ maxlength=’500’ input=’M’>

                                                JAP objective 2’

                                                …

                        (5)

                        point C.3 is deleted;

                        (6)

                        the title of part D is replaced by the following:
                        ‘D.   DESCRIPTION OF THE JAP’;

                        (7)

                        in point D.1.1 the text in the third column of the first row of the table is replaced by the following:
                        ‘JAP objective(s) to which it contributes’;

                        (8)

                        the title of point D.1.2 is replaced by the following:

                                    ‘D.1.2.

                                    How will the projects contribute to achieving the JAP objectives? Please justify.’;

                        (9)

                        the title of point D.1.3 is replaced by the following:

                                    ‘D.1.3.

                                    What are the milestones, where relevant, and targets for outputs and results of these projects?’;

                        (10)

                        in point D.1.3, the text in the second column of the second row of the table is replaced by ‘the JAP indicator’;

                        (11)

                        point D.3 is deleted;

                        (12)

                        the text between points F and F1 is deleted;

                        (13)

                        in point F.1 the text in the second column is replaced by the following:
                        ‘(Please specify the starting date of implementation)’;

                        (14)

                        the title of part G is replaced by the following:
                        ‘G.   Contribution of the JAP to horizontal principles’;

                        (15)

                        between points G and G.1, the following text is inserted:
                        ‘Please confirm and explain how the JAP contributes to horizontal principles as set out in the relevant programme or Partnership Agreement’;

                        (16)

                        point G.1 is replaced by the following:

                                    ‘G.1.

                                       The promotion of equality between men and women

                                       <type=’S’ maxlength=’3500’ input=’M’>’

                        (17)

                        point G.3 is replaced by the following:

                                    ‘G.3.

                                       The promotion of sustainable development

                                       <type=’S’ maxlength=’3500’ input=’M’>’

                        (18)

                        point H.1.2 is replaced by the following:

                                    ‘H.1.2.

                                    Please provide information on the selection of the joint action plan in accordance with Article 125(3) of Regulation (EU) No 1303/2013.’;

                        (19)

                        points H.1.2.1 and H.1.2.2 are deleted;

                        (20)

                        point H.4. is deleted;

                        (21)

                        point I.1 is replaced by the following:
                        ‘I.1.   Costs of achieving milestones, and targets for outputs and results (please also complete the appendix on indicators).
                        Please fill out the following tables with the indicators to be used for the financial management of the JAP, where relevant broken down by priority axis, Fund and category of region.’;

                        (22)

                        point I.2 is deleted.

            ANNEX III
            Annex V to Implementing Regulation (EU) 2015/207 is amended as follows:

                        (1)

                        in part A, point 3.2, Table 4A (Common output indicators for the ESF) is replaced by the following table.
                        ‘Table 4A

                           Common output indicators for the ESF (by priority axis, investment priority, by category of region.

                           For the YEI, for each priority axis or any part thereof, a breakdown by category of region is not required
                            (*1)

                        Investment priority:

                                    Indicator ID

                                       Indicator (name of indicator)

                                       Category of region (where relevant)

                                       Target value (2023)

                                       Gender breakdown optional (for the target)

                                    2014

                                    2015

                                    2016

                                    2017

                                    2018

                                    2019

                                    2020

                                    2021

                                    2022

                                    2023

                                    Cumulative value (calculated automatically)

                                    Achievement ratio
                                    gender breakdown optional

                                       <type=’S’ input=’G’>

                                       <type=’S’ input=’G’>

                                       <type=’S’ input=’G’>

                                       <type=’N’ input=’G’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’M’>

                                       <type=’N’ input=’G’>

                                       <type=’P’ input=’G’>

                                    Annual Value

                                    Total

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    M

                                    W

                                    total

                                    M

                                    W

                                    total

                                    M

                                    W

                                       Unemployed(ESF)

                                       Unemployed(YEI)

                                       Long-term unemployed (ESF)

                                       Long-term unemployed (YEI)

                                       Inactive (ESF)

                                       Inactive (YEI)

                                       Inactive not in education or training (ESF)

                                       Inactive not in education or training (YEI)

                                       Employed including self-employed

                                       Below 25 years of age (ESF)

                                       Below 25 years of age (YEI)

                                       Above 54 years of age

                                       Above 54 years of age who are unemployed, including long-term unemployed, or inactive not in education or training

                                       With primary (ISCED 1) or lower secondary education (ISCED 2) (ESF)

                                       With primary (ISCED 1) or lower secondary education (ISCED 2) (YEI)

                                       With upper secondary (ISCED 3) or post-secondary education (ISCED 4 (ESF)

                                       With upper secondary (ISCED 3) or post-secondary education (ISCED 4 (YEI)

                                       With tertiary education (ISCED 5 to 8) (ESF)

                                       With tertiary education (ISCED 5 to 8) (YEI)

                                       Migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma) (ESF)

                                       Migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma) (YEI)

                                       Participants with disabilities (ESF)

                                       Participants with disabilities (YEI)

                                       Other disadvantaged (ESF)

                                       Other disadvantaged (YEI)

                                       Homeless or affected by housing exclusion
                                        (1)
                                       (ESF)

                                       Homeless or affected by housing exclusion (YEI)

                                       From rural areas
                                        (1)
                                       (ESF)

                                       From rural areas (YEI)

                                       Number of projects fully or partially implemented by social partners or NGOs

                                       Number of projects dedicated at sustainable participation and progress of women in employment

                                       Number of projects targeting public administration or public services at national, regional or local level

                                       Number of micro, small and medium-sized enterprise supported (including cooperative enterprises, enterprises of the social economy)

                                       Grand total of participants
                                        (2)

                        (2)

                        in part A, point 3.2, Table 9 (Cost of operations implemented outside the programme area (the ERDF and the Cohesion Fund under the Investment for growth and jobs goal)) is replaced by the following:

                                    ‘1.

                                    2.

                                    3.

                                    4.

                                    5.

                                    6.

                                    Priority axis

                                    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 at the time of adoption of the programme
                                    (%)
                                    (3/EU support to priority axis at the time of adoption of the programme * 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 at the time of adoption of the programme
                                    (%)
                                    (5/EU support to priority axis at the time of adoption of the programme * 100)

                                    Cost of operations outside the programme area (3)

                                       <type=’S’ input=’S’>

                                       <type=’N’ input=’M’>

                                       <type=’P’ input=’G’>

                                       <type=’N’ input=’M’>

                                       <type=’P’ input=’G’>

                        (3)

                        in part A, point 3.2, in Table 13 (Joint action plans), the text of the eighth column of the first row is replaced by the following:
                        ‘Type of JAP

                                    1.

                                    normal

                                    2.

                                    first JAP

                                    3.

                                    YEI’.

               (*1)  Structured data required for the report on YEI which is to be submitted in April 2015 in accordance with Article 19(3) and Annex II of Regulation (EU) No 1304/2013.

               (1)  Estimate based on a representative sampling. Member States have two options of reporting. Option 1: The minimum requirement is to provide data once in the 2017 AIR. In this option, a cumulative value is reported in the “Cumulative value” column in the 2017 AIR. Option 2: Annual values are provided for each year.

               (2)  The grand total of participants includes those with complete records (of personal non sensitive data) as well as participants with incomplete records (of personal non sensitive data). The total number of participants is calculated in the SFC2014 system based on the following three common output indicators “unemployed, including long-term unemployed”, “inactive” and “employed, including self-employed”. That total only encompasses participants with complete data records including all personal non-sensitive data. In the grand total of participants, Member States are required to report on all ESF participants, including those with non-complete record of personal non-sensitive data.’.

               (3)  In accordance with and subject to ceilings set out in Article 70(2) of Regulation (EU) No 1303/2013 or Article 20 of Regulation (EU) No 1299/2013.’

            ANNEX IV
            In Part A, point 8.2, of Annex X to Implementing Regulation (EU) 2015/207, in Table 8 (Joint Action Plans), the text of the eighth column of the first row is replaced by the following:

               ‘Type of JAP

                           1.

                           normal

                           2.

                           First JAP’.

            ANNEX V
            In Part C, point 15 of Annex V to Implementing Regulation (EU) 2015/207, the table is replaced by the following:

                           ‘13

                           14

                           Data for the purpose of the performance review and performance framework

                           Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission
                           Article 21(2) of Regulation (EU) No 1303/2013

                           Only for the final implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission
                           Article 22(7) of Regulation (EU) No 1303/2013’

            ANNEX VI
            In Part B, point 12 of Annex X to Implementing Regulation (EU) 2015/207, the table is replaced by the following:

                           ‘13

                           14

                           Data for the purpose of the performance review and performance framework

                           Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission
                           Article 21(2) of Regulation (EU) No 1303/2013

                           Only for final the implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission
                           Article 22(7) of Regulation (EU) No 1303/2013’


title: Commission Implementing Regulation (EU) 2019/257 of 13 February 2019 amending for the 294th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

text:
                  14.2.2019

                  EN

                  Official Journal of the European Union

                  L 43/34

         COMMISSION IMPLEMENTING REGULATION (EU) 2019/257
         of 13 February 2019
         amending for the 294th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations
         THE EUROPEAN COMMISSION,
         Having regard to the Treaty on the Functioning of the European Union,
         Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,
         Whereas:

                     (1)

                     Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation.

                     (2)

                     On 8 February 2019, the Sanctions Committee of the United Nations Security Council decided to delete four entries from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly,

               HAS ADOPTED THIS REGULATION:

            Article 1
            Annex I to Regulation (EC) No 881/2002 is amended in accordance with 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, 13 February 2019.

                  For the Commission,

                  On behalf of the President,

                  Head of the Service for Foreign Policy Instruments

            (1)  OJ L 139, 29.5.2002, p. 9.

            ANNEX
            In Annex I to Regulation (EC) No 881/2002 under the heading ‘Natural persons’ the following entries are deleted:

               ‘Hassan Abdullah Hersi Al-Turki (alias (a) Hassan Turki, (b) Hassen Abdelle Fihiye, (c) Sheikh Hassan Abdullah Fahaih, (d) Hassan Al- Turki, (e) Hassan Abdillahi Hersi Turki, (f) Sheikh Hassan Turki, (g) Xasan Cabdilaahi Xirsi, (h) Xasan Cabdulle Xirsi). Date of birth: approximately 1944. Place of birth: Region V, Ethiopia (the Ogaden Region in eastern Ethiopia). Nationality: Somali. Address: Reported to be in Southern Somalia, lower Juba near Kismayo, mainly in Jilibe and Burgabo as of November 2012. Date of designation referred to in Article 2a (4) (b): 6.7.2004.’

               ‘Jamal Housni (alias (a) Djamel il marocchino, (b) Jamal Al Maghrebi, (c) Hicham). Date of birth: 22.2.1983. Place of birth: Morocco. Address: (a) Via Uccelli di Nemi 33, Milan, Italy, (b) Via F. De Lemene 50, Milan, Italy. Other information: In custody as at June 2009. Date of designation referred to in Article 2a (4) (b): 2.8.2006.’

               ‘Malik Muhammad Ishaq (alias Malik Ishaq). Address: Pakistan. Date of birth: approximately 1959. Place of birth: Rahim Yar Khan, Punjab Province, Pakistan. Nationality: Pakistani. Other information: (a) Physical description: heavy build with black eye colour, black hair colour and medium brown complexion with a heavy black beard; (b) Photo available for inclusion in the INTERPOL-UN Security Council Special Notice. Killed in Pakistan on 28.7.2015. Date of designation referred to in Article 7d(2)(i): 14.3.2014.’

               ‘Lavdrim Muhaxheri (alias (a) Abu Abdullah al Kosova, (b) Abu Abdallah al-Kosovi, (c) Abu Abdallah al-Kosovo); Date of birth: (a) 3.12.1989, (b) approximately 1987; Place of birth: Kaqanik/Kacanik; Address: Syrian Arab Republic (location as at September 2015). Date of designation referred to in Article 7d(2)(i): 29.9.2015.’