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Document L:2018:152:FULL

Official Journal of the European Union, L 152, 15 June 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 152

European flag  

English edition

Legislation

Volume 61
15 June 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2018/870 of 14 June 2018 implementing Article 21(1) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

1

 

*

Commission Implementing Regulation (EU) 2018/871 of 14 June 2018 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union ( 1)

5

 

 

DECISIONS

 

*

Council Implementing Decision (CFSP) 2018/872 of 14 June 2018 implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

22

 

*

Commission Implementing Decision (EU) 2018/873 of 13 June 2018 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2018) 3826)

29

 

*

Commission Implementing Decision (EU) 2018/874 of 14 June 2018 determining that a temporary suspension of the preferential customs duty pursuant to Article 15 of Regulation (EU) No 20/2013 of the European Parliament and of the Council is not appropriate for imports of bananas originating in Nicaragua

58

 

 

Corrigenda

 

*

Corrigendum to Council Implementing Regulation (EU) 2018/705 of 14 May 2018 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 118 I, 14.5.2018 )

60

 

*

Corrigendum to Council Decision (CFSP) 2018/706 of 14 May 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine ( OJ L 118 I, 14.5.2018 )

60

 


 

(1)   Text with EEA relevance.

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.


II Non-legislative acts

REGULATIONS

15.6.2018   

EN

Official Journal of the European Union

L 152/1


COUNCIL IMPLEMENTING REGULATION (EU) 2018/870

of 14 June 2018

implementing Article 21(1) of Regulation (EU) 2016/44 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) 2016/44 of 18 January 2016 concerning restrictive measures in view of the situation in Libya and repealing Regulation (EU) No 204/2011 (1), and in particular Article 21(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 18 January 2016, the Council adopted Regulation (EU) 2016/44.

(2)

On 7 June 2018, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1970 (2011) added six persons to the list of persons and entities subject to restrictive measures.

(3)

Annex II to Regulation (EU) 2016/44 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex II to Regulation (EU) 2016/44 is amended as set out in the Annex to this Regulation.

Article 2

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 14 June 2018.

For the Council

The President

E. ZAHARIEVA


(1)  OJ L 12, 19.1.2016, p. 1.


ANNEX

The following persons are added to the list in Annex II to Regulation (EU) 2016/44:

21.

Name: 1: Ermias 2: Ghermay 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (35-45 years old) POB: (possibly Asmara, Eritrea) Good quality a.k.a.: na Low quality a.k.a.: a) Ermies Ghermay b) Ermias Ghirmay Nationality: Eritrea Passport no: na National identification no: na Address: (Known address: Tripoli, Tarig sure no. 51, likely moved to Sabratha in 2015.) Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ermias Ghermay is extensively documented by multiple reliable sources, including criminal investigations, identifying him as one of the most important sub-Saharan actors involved in the illicit trafficking of migrants in Libya. Ermias Ghermay is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are reportedly being committed against migrants. He works in close cooperation with Libyan smuggling networks like that of Abu-Qarin, and he is considered their ‘Eastern supply chain’. His network stretches from Sudan to the coast of Libya and to Europe (Italy, France, Germany, the Netherlands, Sweden, the United Kingdom) and the United States. Ghermay controls private detention camps around the Libyan northwest coast where migrants are detained, and where serious abuses against migrants have taken place. From these camps, migrants are transported to Sabratha or Zawiya. In recent years, Ghermay has organised countless perilous journeys across the sea, exposing migrants (including numerous minors) to the risk of death. The Court of Palermo (Italy) issued arrest warrants in 2015 against Ermias Ghermay in relation to the smuggling of thousands of migrants under inhumane circumstances, including the shipwrecking on 13 October 2013 near Lampedusa in which 266 people died.

22.

Name: 1: Fitiwi 2: Abdelrazak 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (30-35 years old) POB: Massaua, Eritrea Good quality a.k.a.: na Low quality a.k.a.: Fitwi Esmail Abdelrazak Nationality: Eritrea Passport no: na National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Fitiwi Abdelrazak is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. Fitiwi Abdelrazak has been identified in open sources and in several criminal investigations as one of the top-level actors responsible for the exploitation and abuse of a large number of migrants in Libya. Abdelrazak has extensive contacts within Libyan smuggling networks and has accumulated immense wealth through the illicit trafficking of migrants. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are being committed. His network is composed of cells reaching from Sudan, Libya, Italy and onwards to destination countries for migrants. Migrants in his camps are also bought from other parties, such as other local detention facilities. From these camps, migrants are transported to the Libyan coast. Abdelrazak has organised countless perilous maritime journeys, exposing migrants (including minors) to the risk of death. Abdelrazak is linked to at least two shipwrecks with fatal consequences between April 2014 and July 2014.

23.

Name: 1: Ahmad 2: Oumar 3: al-Dabbashi 4: na

Title: na Designation: Commander of the Anas al-Dabbashi militia, Leader of a transnational trafficking network DOB: Approximately (30 years old ) POB: (possibly Sabratha, Talil neighbourhood) Good quality a.k.a.: na Low quality a.k.a.: a) Al-Dabachi b) Al Ammu c) The Uncle d) Al-Ahwal Nationality: Libya Passport no: na National identification no: na Address: a) Garabulli, Libya b) Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ahmad al-Dabbashi is the commander of the Anas al-Dabbashi militia, formerly operating in the coastal area between Sabratha and Melita. Al-Dabbashi is a significant leader in illicit activities related to the trafficking of migrants. The al-Dabbashi clan and militia also cultivate relationships with terrorist and violent extremist groups. Al-Dabbashi is currently active around Zawiya, after violent clashes broke out with other militia and rivalling smuggling organisations around the coastal area in October 2017, resulting in over 30 deaths including civilians. In response to his ouster, Ahmad al-Dabbashi on 4 December 2017 publicly vowed to return to Sabratha with weapons and force. There is extensive evidence that Al-Dabbashi's militia has been directly involved in the illicit trafficking and smuggling of migrants, and that his militia controls departure areas for migrants, camps, safe houses and boats. There is information that supports the conclusion that Al-Dabbashi has exposed migrants (including minors) to brutal conditions and sometimes fatal circumstances on land and at sea. After violent clashes between al-Dabbashi's militia and other militia in Sabratha, thousands of migrants were found (many in serious condition), most of them held in centres of the Martyrs Anas al-Dabbashi brigade and al-Ghul militia. The al-Dabbashi clan, and the connected Anas al-Dabbashi militia, have long-standing links with Islamic State in the Levante (ISIL) and its affiliates. Several ISIL operatives have been in their ranks, including Abdallah al-Dabbashi, the ISIL ‘caliph’ of Sabratha. Al-Dabbashi was also allegedly involved in orchestrating the murder of Sami Khalifa al-Gharabli, who was appointed by the Sabratha municipal council to counter migrant smuggling operations in July 2017. Al-Dabbashi's activities largely contribute to the mounting violence and insecurity in western Libya and threaten peace and stability in Libya and neighbouring countries.

24.

Name: 1: MUS'AB 2: ABU-QARIN 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB:19 Jan. 1983POB: Sabratha, Libya Good quality a.k.a.: na Low quality a.k.a.: a) ABU-AL QASSIM OMAR Musab Boukrin b) The Doctor c) Al-Grein Nationality: Libya Passport no: a) 782633, issued on 31 May 2005b) 540794, issued on 12 Jan. 2008National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mus'ab Abu-Qarin is seen as a central actor in human trafficking and migrant smuggling activities in the area of Sabratha, but also works from Zawiya and Garibulli. His transnational network covers Libya, European destinations, sub-Saharan countries for the recruitment of migrants and Arab countries for the financial sector. Reliable sources have documented his collusion in human trafficking and smuggling with Ermias Ghermay, who takes care of the ‘Eastern supply chain’ on behalf of Abu-Qarin. There is evidence that Abu-Qarin has cultivated relationships with other actors in the trafficking business, notably Mohammed Kachlaf (cousin and head of the al-Nasr brigade, also proposed for listing) in Zawiya. A former accomplice of Abu-Qarin, who is now cooperating with the Libyan authorities, claims that Abu-Qarin organised journeys over sea for 45 000 people in 2015 alone, exposing migrants (including minors) to the risk of death. Abu-Qarin is the organiser of a journey on 18 April 2015 ending in a shipwrecking in the Sicilian Canal that caused the death of 800 people. Evidence, including from the UN Panel of Experts, documents that he is responsible for the detention of migrants under brutal conditions, including in Tripoli near the al-Wadi area and seaside resorts near Sabratha where migrants are held. Abu-Qarin is reported to have been close to the al-Dabbashi clan in Sabratha, until a conflict broke out over a ‘protection tax’. Sources have reported that Abu-Qarin has paid persons close to violent extremists in the Sabratha area, in exchange for the approval to smuggle migrants on behalf of violent extremist circles, that financially benefit from the exploitation of illegal immigration. Abu-Qarin is connected to a network of smugglers composed of Salafi armed groups in Tripoli, Sebha and Kufra.

25.

Name: 1: Mohammed 2: Kachlaf 3: na 4: na

Title: na Designation: Commander of the Shuhada al-Nasr brigade, Head of the Petrol Refinery Guard of Zawiya's refinery DOB: na POB: Zawiya, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Kashlaf b) Koshlaf c) Keslaf d) al-Qasab Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mohammed Kachlaf is the head of the Shuhada al Nasr brigade in Zawiya, Western Libya. His militia controls the Zawiya refinery, a central hub of migrant smuggling operations. Kachlaf also controls detention centres, including the Nasr detention centre — nominally under the control of the DCIM. As documented in various sources, the network of Kachlaf is one of the most dominant in the field of migrant smuggling and the exploitation of migrants in Libya. Kachlaf has extensive links with the head of the local unit of the coast guard of Zawiya, al-Rahman al-Milad, whose unit intercepts boats with migrants, often of rivalling migrant smuggling networks. Migrants are then brought to detention facilities under the control of the Al Nasr militia, where they are reportedly held in critical conditions. The Panel of Experts for Libya collected evidence of migrants that were frequently beaten, while others, notably women from sub-Saharan countries and Morocco, were sold on the local market as ‘sex slaves’. The Panel has also found that Kachlaf collaborates with other armed groups and has been involved in repeated violent clashes in 2016 and 2017.

26.

Name: 1: Abd 2: Al-Rahman 3: al-Milad 4: na

Title: na Designation: Commander of the Coast Guard in Zawiya DOB: Approximately (29 years old) POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Rahman Salim Milad b) al-Bija Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Abd al Rahman al-Milad heads the regional unit of the Coast Guard in Zawiya that is consistently linked with violence against migrants and other human smugglers. The UN Panel of Experts claims that Milad, and other coastguard members, are directly involved in the sinking of migrant boats using firearms. Al-Milad collaborates with other migrant smugglers such as Mohammed Kachlaf (also proposed for listing) who, sources suggest, is providing protection to him to carry out illicit operations related to the trafficking and smuggling of migrants. Several witnesses in criminal investigations have stated they were picked up at sea by armed men on a Coast Guard ship called Tallil (used by al-Milad) and taken to the al-Nasr detention centre, where they are reportedly held in brutal conditions and subjected to beatings.


15.6.2018   

EN

Official Journal of the European Union

L 152/5


COMMISSION IMPLEMENTING REGULATION (EU) 2018/871

of 14 June 2018

amending Regulation (EC) No 474/2006 as regards the list of air carriers which are banned from operating or are subject to operational restrictions within the Union

(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 2111/2005 of the European Parliament and of the Council of 14 December 2005 on the establishment of a Community list of air carriers subject to an operating ban within the Community and on informing air passengers of the identity of the operating carrier, and repealing Article 9 of Directive 2004/36/CE (1), and in particular Article 4(2) thereof,

Whereas:

(1)

Commission Regulation (EC) No 474/2006 (2) established the list of air carriers which are subject to an operating ban within the Union, referred to in Chapter II of Regulation (EC) No 2111/2005.

(2)

In accordance with Article 4(3) of Regulation (EC) No 2111/2005, certain Member States and the European Aviation Safety Agency (‘EASA’) communicated to the Commission information that is relevant in the context of updating that list. Relevant information was also communicated by third countries and international organisations. On the basis of that information, the list should be updated.

(3)

The Commission informed all air carriers concerned, either directly or through the authorities responsible for their regulatory oversight, about the essential facts and considerations which would form the basis for a decision to impose an operating ban on them within the Union or to modify the conditions of an operating ban imposed on an air carrier which is included in the list.

(4)

The Commission gave the air carriers concerned the opportunity to consult the documents provided by the Member States, to submit written comments and to make an oral presentation to the Commission and to the Committee established by Council Regulation (EEC) No 3922/1991 (3) (the ‘Air Safety Committee’).

(5)

The Commission has updated the Air Safety Committee on the on-going joint consultations, in the framework of Regulation (EC) No 2111/2005 and Commission Regulation (EC) No 473/2006 (4), with the competent authorities and air carriers of Afghanistan, Angola, Bolivia, Gambia, Indonesia, Libya, Nepal, Russia and Venezuela. The Commission also provided information to the Air Safety Committee on the aviation safety situation in Equatorial Guinea, Kazakhstan, India, Mauritania, Mozambique, Philippines, Thailand, Ukraine and Zambia.

(6)

EASA presented to the Commission and the Air Safety Committee the results of the analysis of audit reports carried out by the International Civil Aviation Organisation (‘ICAO’) in the framework of ICAO's Universal Safety Oversight Audit Programme. In that context, Member States were invited to prioritise ramp inspections on air carriers certified by third countries in respect of which Significant Safety Concerns have been identified by ICAO or in respect of which EASA concluded that there are significant deficiencies in the safety oversight system. In addition to the consultations undertaken by the Commission pursuant to Regulation (EC) No 2111/2005, the prioritisation of ramp inspections will allow for the acquisition of further information regarding the safety performance of the air carriers certified in those third countries.

(7)

EASA also informed the Commission and the Air Safety Committee of the results of the analysis of ramp inspections carried out under the Safety Assessment of Foreign Aircraft programme (‘SAFA’) in accordance with Commission Regulation (EU) No 965/2012 (5).

(8)

In addition, EASA informed the Commission and the Air Safety Committee about the technical assistance projects carried out in third countries affected by measures or monitoring pursuant to Regulation (EC) No 2111/2005. It provided information on the plans and requests for further technical assistance and cooperation to improve the administrative and technical capability of civil aviation authorities, with a view to helping resolve any non-compliance with applicable international civil aviation standards. Member States were invited to respond to such requests on a bilateral basis, in coordination with the Commission and EASA. In this regard, the Commission reiterated the usefulness of providing information to the international aviation community, particularly through ICAO's Safety Collaborative Assistance Network (‘SCAN’) database, on technical assistance provided by the Union and its Member States to improve aviation safety around the world.

(9)

Eurocontrol provided the Commission and the Air Safety Committee with an update on the status of the SAFA alarming function and provided current statistics for alert messages for banned air carriers.

Union air carriers

(10)

Following the analysis by EASA of information resulting from ramp inspections carried out on the aircraft of Union air carriers and from standardisation inspections carried out by EASA, as well as specific inspections and audits carried out by national aviation authorities, several Member States have taken certain enforcement measures and informed the Commission and the Air Safety Committee about those measures. Bulgaria informed the Commission and the Air Safety Committee about actions it had taken with regard to the air carrier Bulgaria Air.

(11)

Member States reiterated their readiness to act as necessary should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance by Union air carriers with the appropriate international safety standards.

Air carriers from Afghanistan

(12)

On 13 February 2018, technical consultations were held between representatives of the Commission, EASA and the Civil Aviation Authority of the Islamic Republic of Afghanistan (‘ACAA’) and the air carrier Kam Air, concerning, in particular, the current operating ban imposed on all air carriers from Afghanistan pursuant to Regulation (EC) No 2111/2005.

(13)

During that meeting, the ACAA provided information on progress made in the implementation of an enhanced safety oversight. In the previous years ACAA has revoked or suspended more Air Operator Certificates (‘AOC’), several aircraft have been grounded, due to their non – airworthy condition and strict actions have been taken against flight crew which were not complying with international safety standards. Furthermore, ACAA informed that all airlines which were registered in Afghanistan were subject to a recertification process in accordance with international standards. For the time being only two airlines hold a valid AOC, Kam Air and Ariana Afghan Airlines. Kam Air was fully recertified in accordance with the new Afghan aviation legislative framework and Ariana Afghan Airlines is in process of recertification. The ACAA reiterated that, within the restraints of a challenging operational environment, it is committed to carrying out its international obligations in relation to aviation safety.

(14)

ACAA has started to complete the online questionnaires for the ICAO Universal Safety Oversight Audit Programme – Continuous Monitoring Approach (USOAP – CMA), but no evidence of this was provided. The Permanent Representative of Afghanistan to ICAO is negotiating with ICAO to have ICAO perform a USOAP audit as soon as possible.

(15)

The air carrier Kam Air provided a presentation on the development of the company and management of safety within the company. In September 2014 the Executive Board of Kam Air decided to reconsider its strategy plans and tactical procedures on its operations, in order to be fully compliant with the new ACAA Regulations and with International Standards and Recommended Practices. A flight data monitoring program was implemented and the company is aware of operational hazards. The safety and quality management systems are in process of implementation.

(16)

The Commission acknowledges the efforts being made by the ACAA and the fact that the ACAA is committed to cooperating with the Commission in order to provide updates on the status of its surveillance obligations.

(17)

However, the Commission takes note of the continuing challenging operational environment in Afghanistan and the negative consequences for the ACAA as regards its ability to discharge its safety oversight obligations. The Commission will monitor closely the results of the planned USOAP audit by ICAO. The Commission therefore considers that, on the basis of all available information, the list of air carriers with regard to Afghanistan which are subject to an operating ban within the Union should not be amended, with the exception of the Afghan carriers Afghan Jet International Airlines, East Horizon Airlines and Safi Airways, which have had their AOC revoked and therefore no longer need to be included on the list.

(18)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore assessed that the Community list of air carriers which are subject to an operating ban within the Union should be amended to remove the air carriers Afghan Jet International Airlines, East Horizon Airlines and Safi Airways from Annex A to Regulation (EC) No 474/2006.

Air carriers from Angola

(19)

In November 2008 (6), all air carriers certified in Angola, except one, were subjected to a full operating ban, mainly due to the inability of the competent authorities responsible for the safety oversight of air carriers certified in Angola (INAVIC) to implement and enforce applicable international safety standards. A partial exception was made for the air carrier TAAG Angola Airlines. TAAG Angola Airlines was included in Annex B to Regulation (EC) No 474/2006 (7) and was allowed to operate into the Union with part of its fleet.

(20)

ICAO performed an ICAO Coordinated Validation Mission (ICVM) in Angola in March 2017. Based on the results of this mission, ICAO announced that the significant safety concern in the area of operations was resolved by the competent authorities of Angola.

(21)

By letter of 2 April 2018, the competent authorities of Angola informed the Commission about the progress in the implementation of the international safety standards and the results of the ICVM.

(22)

The Commission welcomes the efforts being made by INAVIC and the fact that INAVIC is committed to engage in consultations with the Commission in order to provide more detailed information with respect to the progress made in the safety oversight of the carriers under its responsibility.

(23)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Angola.

Air carriers from Bolivia

(24)

On 30 January 2018 a technical consultation meeting was held between representatives of the Commission, EASA and a Member State and senior representatives from the Directorate General of Civil Aviation of Bolivia (‘DGAC’).

(25)

The Commission had requested the DGAC to provide a list of documents and of actions to be completed. The DGAC provided all the required documentation in due time and EASA provided an analysis of this documentation. The preliminary conclusion was that the procedures are well documented, but that it was not possible to assess their actual correct implementation. The DGAC appears to be well staffed in terms of number of inspectors; however, more information was needed to verify that the right expertise is available for specialised tasks.

(26)

In order to obtain more insight in the oversight of air operations, the Commission requested DGAC of Bolivia to provide a detailed planning of the audits and inspections planned in 2018 and an overview of the audits and inspections performed in 2016 as well as in 2017 on five airlines operating transport of passengers on a regular and non-regular basis.

(27)

This additional documentation was sent to and received by EASA. The conclusion is that a significant increase of the completion rate of inspections between 2016 and 2017 has taken place. For the air carrier Boliviana de Aviacion, the only Bolivian air carrier operating in Europe, 88 % of the planned activities have been completed. The DGAC of Bolivia informed that for the present year (2018) a Risk Based Oversight concept was introduced. It has been noted that for the other air operators, although a risk analysis has been performed, further enhancement will be required.

(28)

The Commission takes note of the information provided by the DGAC of Bolivia. The Commission considers that, on the basis of all information currently available, including the information provided by the DGAC of Bolivia at the technical consultation meeting of 30 January 2018, at this time, there are no grounds for imposing an operating ban or operational restrictions on air carriers certified in Bolivia.

(29)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that, at this time, there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union by including air carriers from Bolivia.

(30)

Member States are to continue to verify the effective compliance with relevant international safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Bolivia, pursuant to Regulation (EU) No 965/2012.

(31)

Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission may be obliged to take further action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Gambia

(32)

In 2014 and 2015 the SAFA inspections performed with regard to the operators Aeolus Air Ltd. and SIPJ (G) Ltd. both holding an AOC issued by the Civil Aviation Authority of Gambia (CAAG), showed serious safety deficiencies.

(33)

On 24 July 2015 EASA sent a letter to the CAAG presenting the results of a ramp inspection conducted on SIPJ (G) Ltd. In addition, in that letter EASA informed the CAAG that, whereas flight plans were filed under the category of general aviation operations and flight crews indicated that they were operating as State flights, in fact, there was evidence that operations were actually of a commercial nature.

(34)

Further investigation revealed that the aircraft concerned was registered in the United States of America. As regards this aircraft, EASA contacted the civil aviation authorities of the United States. EASA also formally contacted the Gambian authorities which, however, did not reply. SIPJ (G) Ltd. has not applied for a TCO authorisation.

(35)

A series of SAFA inspections conducted with regard to the air operator SIPJ (G) Ltd. in 2016 resulted in further significant findings. In all cases, flights were declared as general aviation. However, there were indications that flights were commercial and declared as general aviation in order to circumvent the applicable ICAO safety standards and, more specifically, the TCO authorisation requirements in the Union airspace.

(36)

In order to monitor the situation closely, the Commission will start technical consultations with the authorities from Gambia, in accordance with Article 3(2) of Regulation (EC) No 473/2006.

(37)

Member States are to continue to verify effective compliance with relevant international safety standards through the prioritisation of ramp inspections to be carried out on air carriers registered in Gambia in accordance with Regulation (EU) No 965/2012.

(38)

Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission may take further action pursuant to Regulation (EC) No 2111/2005.

(39)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Gambia.

Air carriers from Indonesia

(40)

From 12 to 21 March 2018 a Union on-site assessment visit was conducted in Indonesia. Experts from the Commission, EASA and Member States participated in that visit. The Union on-site assessment visit was conducted at the offices of the Directorate General of Civil Aviation in Indonesia (‘Indonesian DGCA’) and at a number of air carriers certified in Indonesia, namely Batik Air, for comparison with the last Union on-site assessment visit in 2016; Wings Air, operator in the same group (Lion Group) as Batik Air and a large operator of turboprops (ATR42/72); Sriwijaya Air, the largest operator still on the list of air carriers which are subject to an operating ban within the Union; TransNusa, with a mixed fleet of turbofans and turboprops (all of which are certified under CASR-121); Spirit Aviation Sentosa and Susi Air, both certified under CASR-135, with commuter and charter operations. The assessment included visits at two remote areas: a base of TransNusa located at Kupang and the headquarters of Susi Air at Pangandaran.

(41)

During the Union on-site assessment visit, it has been found that the DGCA has not only maintained its past achievements but also made considerable improvements in a number of areas since the last 2016 Union on-site assessment visit. Of particular relevance was the stability reached by the DGCA in terms of drafting national aviation regulations and the maturity presented to conduct a proper and effective oversight. On previous occasions it was noted that different regulatory models had been under consideration or were adopted, in order that Indonesia could demonstrate compliance with ICAO standards. This approach had provided a lack of clarity. The EU team welcomed the DGCA decision to adopt a clear policy to adhere to ICAO regulations and to draft regulations in line with the latest ICAO amendments on its own.

(42)

The experts could determine that the surveillance activities, both audits as well as inspections, continue to be planned on a yearly basis and that most of the surveillance activities are carried out according to plan.

(43)

The DGCA is able to attract sufficient staff, commensurate to the current size and scope of the aviation industry on which oversight has to be performed. Staff has increased significantly since 2016 and there are plans to recruit more resources. All the interviewed staff was qualified and was found knowledgeable. Theoretical training programmes and plans were considered appropriate. However, it was noted that further operational training of inspectors regarding reporting, depth of scrutiny, root-cause analysis and closure of the findings remains necessary.

(44)

The Indonesian DGCA was able to demonstrate that enforcement measures are taken when necessary via warning letters, suspensions, revocations and financial sanctions. Since 2017 there have been 4 revocations, 11 suspensions and 21 warning letters.

(45)

The Lion Group consists of six air carriers certified in three different States and applies an integrated approach to its operations and the safety and quality management. Within the Lion Group, Batik Air and Wings Air are two AOC holders certified in Indonesia. Batik Air was already visited during the 2016 Union on-site assessment visit and demonstrated that it continues to have well-functioning safety and quality assurance and management systems. The operator is seeking further improvements. Batik Air has taken into account the observations made by the EU team in 2016 and has incorporated non-mandatory improvements especially in the safety risk assessment area. Wings Air employs professional crews and staff and has systems in place to manage the various operations. The management, both at individual air carrier level and at group level, receives and acts on safety and quality information and analysis. The management also promulgates the information and corrective actions through internal publications, electronic and otherwise.

(46)

Sriwijaya Air is the third largest operator in Indonesia. It has a well-established safety management system in place. Senior managers interviewed have a good appreciation of the relevant issues as well as a good knowledge of the systems used to manage safety and control the flight and ground operations. In addition to the mandatory blood pressure and alcohol tests at the beginning of each duty period (both for Flight Crew and Cabin Crew), Sriwijaya Air has put in place as a company policy a random drugs testing programme. The Quality Management System is in early stages since its implementation started only last year. All personnel in the Quality Directorate are qualified auditors. Improvements can be made in the Airworthiness Management area of Sriwijaya Air in order to easily retrieve the status of compliance with the maintenance programme of any aircraft.

(47)

TransNusa is a small domestic operator. The airworthiness management control and the operations were found satisfactory. The operator developed a good functioning Safety Management System and applies on a voluntary basis a Flight Data Monitoring and Analysis Programme. There was evidence of a Quality Management System, which would benefit from further improvement. The facilities of line maintenance in Kupang were adequate for the type of operations. Overall, TransNusa was found to adhere to applicable standards.

(48)

Spirit Aviation Sentosa is a recently certified operator and one of the smaller air operators in Indonesia with a CASR-135 AOC. Although the offices are located in Jakarta, the operations mainly take place in rural locations in Papua. The Safety Management System is well developed. In the area of operations, the organisation was found satisfactory. The area of continuing airworthiness needs improvement.

(49)

Susi Air is an operator certified under CASR-135 that operates mainly a fleet of Cessna Grand Caravan. It has a Safety Management System in place. Classification of occurrences, identification of the most significant risks and management of changes are done manually based on different data sources which are not standardised. The workload seems to be excessive for the number of persons dedicated to the Safety Management System functions. It would need more dedicated staff and adequate tools, especially if the fleet increases as expected. The EU team noted its robust crewing system and high standard training to the pilots. In terms of maintenance, the company is well established and equipped, capable of supporting maintenance activities in remote locations. With the exception of maintenance, the company was found to be in need of more staff in other areas.

(50)

In general the EU team noted that non-punitive reporting policy seems to be present in all visited operators.

(51)

During the visits at the operators, in the context of their Safety Management System, Traffic Collision Avoidance System – Resolution Advisories (‘TCAS – RA’) and non-stabilised approaches were listed in the top five risks identified. There are studies indicating that there are significantly fewer occurrences of these types of events with the use of Performance Based Navigation (‘PBN’) procedures. Approval of PBN procedures design is under the Indonesian DGCA's responsibility. In view of the identified top five risks, it is highly recommended that the authority promotes the use of PBN. For this the DGCA should engage with all stakeholders (e.g. air operators, air navigation service providers, airports) to promote the PBN use and produce a sound roadmap including necessary cooperation and training.

(52)

The Indonesian DGCA and the air carriers Sriwijaya Air, Wings Air and Susi Air were heard by the Commission and the Air Safety Committee on 30 May 2018. The Indonesian DGCA presented its current organisational structure, including details on the workforce assigned to its Directorate for Airworthiness and Aircraft Operations, on the continuously growing available budget for safety oversight tasks and for the training of inspectors, as well as on the relocation to new modern facilities. The Indonesian DGCA provided details of the results from the last ICAO Coordinated Validation Mission conducted in October 2017 by ICAO which indicate an effective implementation (EI) score of 80,34 %. The Indonesian DGCA provided information about the status and planning of Performance Based Navigation implementation in 2017 and 2018, which showed that eventually a significant number of airports will have PBN procedures. The Indonesian DGCA provided in its presentation a summary of the corrective actions taken with regard to the observations made by the experts during the 2018 Union on-site assessment visit. An improvement programme has been defined based on the 2018 Union on-site assessment visit and on the ICVM.

(53)

During the hearing, the Indonesian DGCA undertook to keep the Commission informed about the actions taken with respect to the ICVM audits performed by ICAO in Indonesia and with respect to the remaining observations made by the 2018 Union on-site assessment visit. In addition, the Indonesian DGCA committed to a continuing safety dialogue, including through the provision of relevant safety information and through additional meetings, if and when deemed necessary by the Commission.

(54)

Sriwijaya Air is part of the Sriwijaya Air Group. Sriwijaya Air presented the expansion plans for its fleet from the current 37 aircraft up to 42 aircraft in 2021, details on the pilot recruitment process and a description of the Operations, Training and Maintenance areas. Sriwijaya Air provided information on its Safety Management System, Flight Data Analysis process and Safety Performance Indicators. The company also debriefed on the oversight activities that the Indonesian DGCA has performed on Sriwijaya Air in 2017 and the status of the findings resulting from these activities, all of which have been closed. Sriwijaya Air gave a presentation on the corrective action plan which was developed on the basis of the observations resulting from the 2018 Union on-site assessment visit.

(55)

Wings Air presented the structure and functioning of its safety management system and the processes it has put in place to ensure the safety of its operations. During the hearing, Wings Air also informed the Commission and the Air Safety Committee about the corrective action plan that was developed on the basis of the observations resulting from the 2018 Union on-site assessment visit. This plan contains corrective actions based on a root-cause analysis of those observations. Furthermore, Wings Air provided explanations about its investigation concerning the recent ground collision involving one of its aircraft, as well as the safety actions Wings Air has taken immediately after the accident.

(56)

Susi Air presented the organisation, the type of activities and the variety of its workforce and provided details on the recruitment process for pilots, including the training provided through its Training Centre. Susi Air highlighted the demanding qualification process, described company procedures and policies adopted to ensure safe operations in remote areas in Papua and provided details on maintenance and operations. The implemented e-SMS facilitates immediate occurrence reporting which contributes to a sound safety culture. Susi Air debriefed on the oversight activities that the Indonesian DGCA has performed on Susi Air in 2017 and the status of the findings raised on those occasions, all of which were closed. Susi Air presented the corrective action plan that was developed on the basis of the observations resulting from the 2018 Union on-site assessment visit.

(57)

The Commission takes note with satisfaction that, in reaction to the accidents which took place in the past years, the Indonesian DGCA defined five priority areas for enhanced action, developed appropriate mitigating measures and informed all Indonesian carriers thereof. These priority areas include runway excursions. In this respect the Commission encourages the Indonesian DGCA to systematically undertake a root cause analysis when serious incidents or accidents occur, and to ensure that all Indonesian carriers do the same.

(58)

The Commission notes with satisfaction the action plan on the accelerated deployment of PBN capabilities which was developed by the Indonesian DGCA, in line with the recommendations of the Union safety assessment report, and underlines the importance of effective implementation of this action plan.

(59)

The Commission takes note of the readiness of the Indonesian DGCA to continue the current practice of hosting foreign experts within its Directorate for Airworthiness and Aircraft Operations, in order to coach its inspectors towards ever more effective inspections of the Indonesian aviation industry, and of its readiness to invest in such coaching.

(60)

The Commission underlines the essential importance for the Indonesian authorities of ensuring that the safety oversight capabilities of the Indonesian DGCA remain sufficiently resourced to cope effectively with the size of the Indonesian aviation industry, notably in view of its expected growth. The Commission takes note of the commitment of the Indonesian government in this respect.

(61)

On the basis of all information available at present, including the results of the Union on-site assessment visit of March 2018 and the hearing at the Air Safety Committee, it is considered that there is sufficient evidence of compliance with applicable international safety standards and recommended practices on the part of the Indonesian DGCA and the air carriers certified in Indonesia.

(62)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that the Union list of air carriers which are subject to an operating ban within the Union should be amended to remove all air carriers certified in Indonesia from Annex A to Regulation (EC) No 474/2006.

(63)

Member States are to continue to verify the effective compliance with relevant international safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Indonesia, pursuant to Regulation (EU) No 965/2012.

(64)

Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission may take further action, in accordance with Regulation (EC) No 2111/2005.

Air carriers from Libya

(65)

On 20 April 2018, a technical meeting was held between representatives of the Commission, EASA, a Member State, representatives of the Libyan government and the Libyan Civil Aviation Authority (‘LYCAA’).

(66)

During this meeting, the LYCAA provided updated information on the progress in the implementation of the ICAO Corrective Action Plan, on the areas for which the LYCAA is looking for technical assistance and on a roadmap towards lifting the EU ban. The LYCAA reiterated its commitment to carrying out its international obligations in relation to aviation safety. The LYCAA informed that it has been intensively working on this and that the situation has significantly improved.

(67)

The Commission acknowledges the efforts being made by the LYCAA and the fact that the LYCAA is committed to cooperating with the Commission in order to provide updates on the status of its surveillance obligations. However, presentation made by the LYCAA provided only limited information and was found not sufficiently detailed. Moreover, the operational environment in Libya continues to be very challenging. On 30 April 2018, the Commission sent a letter to LYCAA asking for additional technical information.

(68)

The last ICAO audit took place in 2007 and the Effective Implementation was 28.86. The LYCAA is working on the Corrective Action Plan. The Commission recommends Libya to host an ICAO USOAP audit as an important step towards lifting the current ban on Libyan air carriers. In addition, it would be important that the operational difficulties resulting from the challenging security situation are satisfactory resolved. Therefore the Commission advises the LYCAA to concentrate on securing an ICAO USOAP audit. In the meantime valuable safety information could be sourced from foreign operators that would decide to resume operations to Libya.

(69)

The Commission considers that, on the basis of all information currently available, including the information provided by the LYCAA at the technical meeting of 20 April 2018, the list of air carriers from Libya which are subject to an operating ban within the Union should not be amended.

(70)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that, at this stage, there are no grounds for amending the Union list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Libya.

Air carriers from Nepal

(71)

On 19 January 2018, a technical meeting was held between representatives of the Commission, EASA, a Member State and the Civil Aviation Authority of Nepal (‘CAAN’). The CAAN was invited to Brussels in order to update the Commission on the improved implementation of international safety standards in the Nepalese aviation system.

(72)

The last time a meeting with CAAN was organised by the Commission was in November 2014. In February 2014 a Union on-site assessment visit was carried out, which confirmed the low implementation of international safety standards. In accordance with the Final Report of the Union on-site assessment visit of February 2014, a number of observations were raised with respect to the regulations, procedures and practices of CAAN in the area of personnel licensing.

(73)

During the meeting on 19 January 2018 CAAN provided information about actions taken in order to develop a national legislative framework compliant with the international safety standards and to improve the safety oversight system in Nepal, including the steps made with respect to accident prevention. The Commission requested, during the meeting, additional information from CAAN.

(74)

By letter of 2 March 2018, CAAN submitted to the Commission the evidence of the work done in resolution of the observations of the Union on-site assessment visit of February 2014.

(75)

CAAN also provided, inter alia, information on the annual surveillance and regulatory audit plan for 2017, the proposed Safety Oversight Programme for 2018, the State Safety Programme Gap Analysis Checklist, together with the State Safety Policy, and a status of implementation of the Safety Management System (SMS) for the Nepalese airline operators.

(76)

On the basis of the information available at present, it appears that the CAAN has made a certain degree of progress with respect to the implementation of international safety standards. However, currently there is not enough supporting and verified evidence to warrant at this stage a relaxation of the operational restrictions on air carriers from Nepal. Indeed, the alleged improvements need to be verified before a well – founded decision with respect to the eventual lifting of the ban on air carriers from Nepal can be taken. In this respect, a Union on-site assessment visit to Nepal could be contemplated.

(77)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, the Commission therefore considers that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Nepal.

Air carriers from Russia

(78)

The Commission, EASA and the competent authorities of the Member States have over the past period continued to closely monitor the safety performance of air carriers certified in Russia and operating within the Union, including through prioritisation of the ramp inspections to be carried out on certain Russian air carriers in accordance with Regulation (EU) No 965/2012.

(79)

On 26 April 2018, representatives of the Commission, EASA and a Member State met with representatives of the Russian Federal Air Transport Agency (‘FATA’). The purpose of this meeting was to review the safety performance of Russian air carriers on the basis of SAFA ramp inspection reports for the period between 9 April 2017 and 8 April 2018, and to identify cases which deserve special attention. This meeting was also used to allow the Commission to be informed on the specific safety oversight measures which FATA is undertaking in the context of the 2018 FIFA World Cup.

(80)

During the meeting, the Commission reviewed more in detail the SAFA results of 9 air carriers certified in Russia. While no safety concerns were identified on the basis of the ramp inspections, the FATA informed the Commission of its safety oversight activities on those air carriers and of enforcement measures taken against two of those air carriers.

(81)

With respect to the 2018 FIFA World Cup, the FATA informed the Commission about the additional measures taken in order to ensure air safety on that occasion.

(82)

Based on the information currently available, including the information provided by the FATA at the technical consultation meeting of 26 April 2018, it is considered that there is no lack of capability nor a lack of willingness on the part of the FATA to address safety deficiencies of air carriers certified in Russia. On those grounds, the Commission concluded that a hearing before the Commission and the Air Safety Committee of the Russian aviation authorities or of any air carriers certified in Russia was not necessary.

(83)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union to include air carriers from Russia.

(84)

Member States are to continue to verify effective compliance with international safety standards by the air carriers from Russia, through the prioritisation of ramp inspections in accordance with Regulation (EU) No 965/2012. Should those inspections point to an imminent safety risk as a consequence of non-compliance with the relevant international safety standards, the Commission may be obliged to take action against air carriers from Russia pursuant to Regulation (EC) No 2111/2005.

Air carriers from Venezuela

(85)

On 6 March 2017, the air carrier Avior Airlines, certified in Venezuela, applied to EASA for a TCO authorisation. EASA assessed that application and concluded that further assessment would not result in the issuance of a TCO authorisation to Avior Airlines and that the air carrier did not meet the applicable requirements of Regulation (EU) No 452/2014. Consequently, on 4 October 2017, EASA rejected the TCO application of Avior Airlines on safety grounds.

(86)

On 14 November 2017 both the Civil Aviation Authority of Venezuela (‘INAC’) and Avior Airlines were heard by the Commission and the Air Safety Committee pursuant to Regulation (EC) No 2111/2005.

(87)

The information available at the time of the hearing, based on EASA's TCO authorisation assessment, the ramp inspections conducted by the Member States and the information provided by the INAC and by Avior Airlines, showed that INAC should further develop its inspection capacity in respect of the air carriers for which it is responsible, and that Avior Airlines was not capable of addressing its safety deficiencies.

(88)

Consequently the list of air carriers which are subject to an operating ban within the Union was amended and the air carrier Avior Airlines was included in the Annex A to Regulation (EC) No 474/2006 (8).

(89)

The information available at present, based on the SAFA inspection findings, shows that there is verified evidence of serious safety deficiencies on the part of Avior Airlines. Neither Avior Airlines nor INAC are capable of addressing those safety deficiencies, as is demonstrated, inter alia, by the inappropriate and insufficient corrective action plans that Avior Airlines is presenting in response to the findings identified during the SAFA inspections, and by the fact that the average SAFA ratio of the Venezuelan air carriers has worsened since October 2017.

(90)

In order to monitor the situation closely, the Commission will continue the consultations with the authorities from Venezuela, in accordance with Article 3(2) of Regulation (EC) No 473/2006.

(91)

Member States are to continue to verify effective compliance with relevant international safety standards through the prioritisation of ramp inspections to be carried out on air carriers certified in Venezuela in accordance with Regulation (EU) No 965/2012.

(92)

Should any relevant safety information indicate that there are imminent safety risks as a consequence of a lack of compliance with international safety standards, the Commission may take further action pursuant to Regulation (EC) No 2111/2005.

(93)

In accordance with the common criteria set out in the Annex to Regulation (EC) No 2111/2005, it is therefore considered that at this stage there are no grounds for amending the list of air carriers which are subject to an operating ban within the Union with respect to air carriers from Venezuela.

(94)

The measures provided for in this Regulation are in accordance with the opinion of the Air Safety Committee.

(95)

Regulation (EC) No 474/2006 should therefore be amended accordingly.

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 474/2006 is amended as follows:

(1)

Annex A is replaced by the text set out in Annex I to this Regulation;

(2)

Annex B is replaced by the text set out in Annex II 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, 14 June 2018.

For the Commission,

On behalf of the President,

Violeta BULC

Member of the Commission


(1)  OJ L 344, 27.12.2005, p. 15.

(2)  Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 14).

(3)  Council Regulation (EEC) No 3922/1991 of 16 December 1991 on the harmonization of the technical requirements and administrative procedures in the field of civil aviation (OJ L 373, 31.12.1991, p. 4).

(4)  Commission Regulation (EC) No 473/2006 of 22 March 2006 laying down implementing rules for the Community list of air carriers which are subject to an operating ban within the Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council (OJ L 84, 23.3.2006, p. 8).

(5)  Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down the technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (OJ L 296, 25.10.2012, p. 1).

(6)  Commission Regulation (EC) No 1131/2008 of 14 November 2008 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union, recitals on Angola (8) to (11).

(7)  Commission Implementing Regulation (EU) 619/2009 of 13 July 2009 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union, recitals on Angola (54) to (62); Commission Implementing Regulation (EU) 2016/963 of 16 June 2016 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union, recitals on Angola (12) to (17).

(8)  Commission Implementing Regulation (EU) 787/2007 of 4 July 2007 amending Regulation (EC) No 474/2006 as regards the list of air carriers which are subject to an operating ban within the Union, recitals on Venezuela (70) to (81).


ANNEX I

ANNEX A

LIST OF AIR CARRIERS WHICH ARE BANNED FROM OPERATING WITHIN THE UNION, WITH EXCEPTIONS (1)

Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

Air Operator Certificate (‘AOC’) Number or Operating Licence Number

ICAO three letter designator

State of the Operator

(1)

(2)

(3)

(4)

AVIOR AIRLINES

ROI-RNR-011

ROI

Venezuela

BLUE WING AIRLINES

SRBWA-01/2002

BWI

Suriname

IRAN ASEMAN AIRLINES

FS-102

IRC

Islamic Republic of Iran

IRAQI AIRWAYS

001

IAW

Iraq

MED-VIEW AIRLINE

MVA/AOC/10-12/05

MEV

Nigeria

AIR ZIMBABWE (PVT) LTD

177/04

AZW

Zimbabwe

All air carriers certified by the authorities with responsibility for regulatory oversight of Afghanistan, including

 

 

Islamic Republic of Afghanistan

ARIANA AFGHAN AIRLINES

AOC 009

AFG

Islamic Republic of Afghanistan

KAM AIR

AOC 001

KMF

Islamic Republic of Afghanistan

All air carriers certified by the authorities with responsibility for regulatory oversight of Angola, with the exception of TAAG Angola Airlines put in Annex B, including

 

 

Republic of Angola

AEROJET

AO 008-01/11

TEJ

Republic of Angola

AIR GICANGO

009

Unknown

Republic of Angola

AIR JET

AO 006-01/11-MBC

MBC

Republic of Angola

AIR NAVE

017

Unknown

Republic of Angola

AIR26

AO 003-01/11-DCD

DCD

Republic of Angola

ANGOLA AIR SERVICES

006

Unknown

Republic of Angola

DIEXIM

007

Unknown

Republic of Angola

FLY540

AO 004-01 FLYA

Unknown

Republic of Angola

GIRA GLOBO

008

GGL

Republic of Angola

HELIANG

010

Unknown

Republic of Angola

HELIMALONGO

AO 005-01/11

Unknown

Republic of Angola

MAVEWA

016

Unknown

Republic of Angola

SONAIR

AO 002-01/10-SOR

SOR

Republic of Angola

All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Congo, including

 

 

Republic of Congo

AERO SERVICE

RAC06-002

RSR

Republic of Congo

CANADIAN AIRWAYS CONGO

RAC06-012

Unknown

Republic of Congo

EMERAUDE

RAC06-008

Unknown

Republic of Congo

EQUAFLIGHT SERVICES

RAC 06-003

EKA

Republic of Congo

EQUAJET

RAC06-007

EKJ

Republic of Congo

EQUATORIAL CONGO AIRLINES S.A.

RAC 06-014

Unknown

Republic of Congo

MISTRAL AVIATION

RAC06-011

Unknown

Republic of Congo

TRANS AIR CONGO

RAC 06-001

TSG

Republic of Congo

All air carriers certified by the authorities with responsibility for regulatory oversight of Democratic Republic of Congo (DRC), including

 

 

Democratic Republic of Congo (DRC)

AIR FAST CONGO

409/CAB/MIN/TVC/0112/2011

Unknown

Democratic Republic of Congo (DRC)

AIR KASAI

409/CAB/MIN/TVC/0053/2012

Unknown

Democratic Republic of Congo (DRC)

AIR KATANGA

409/CAB/MIN/TVC/0056/2012

Unknown

Democratic Republic of Congo (DRC)

AIR TROPIQUES

409/CAB/MIN/TVC/00625/2011

Unknown

Democratic Republic of Congo (DRC)

BLUE AIRLINES

106/CAB/MIN/TVC/2012

BUL

Democratic Republic of Congo (DRC)

BLUE SKY

409/CAB/MIN/TVC/0028/2012

Unknown

Democratic Republic of Congo (DRC)

BUSY BEE CONGO

409/CAB/MIN/TVC/0064/2010

Unknown

Democratic Republic of Congo (DRC)

COMPAGNIE AFRICAINE D'AVIATION (CAA)

409/CAB/MIN/TVC/0050/2012

Unknown

Democratic Republic of Congo (DRC)

CONGO AIRWAYS

019/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

DAKOTA SPRL

409/CAB/MIN/TVC/071/2011

Unknown

Democratic Republic of Congo (DRC)

DOREN AIR CONGO

102/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

GOMAIR

409/CAB/MIN/TVC/011/2010

Unknown

Democratic Republic of Congo (DRC)

KIN AVIA

409/CAB/MIN/TVC/0059/2010

Unknown

Democratic Republic of Congo (DRC)

KORONGO AIRLINES

409/CAB/MIN/TVC/001/2011

KGO

Democratic Republic of Congo (DRC)

MALU AVIATION

098/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

MANGO AIRLINES

409/CAB/MIN/TVC/009/2011

Unknown

Democratic Republic of Congo (DRC)

SERVE AIR

004/CAB/MIN/TVC/2015

Unknown

Democratic Republic of Congo (DRC)

SERVICES AIR

103/CAB/MIN/TVC/2012

Unknown

Democratic Republic of Congo (DRC)

SWALA AVIATION

409/CAB/MIN/TVC/0084/2010

Unknown

Democratic Republic of Congo (DRC)

TRANSAIR CARGO SERVICES

409/CAB/MIN/TVC/073/2011

Unknown

Democratic Republic of Congo (DRC)

WILL AIRLIFT

409/CAB/MIN/TVC/0247/2011

Unknown

Democratic Republic of Congo (DRC)

All air carriers certified by the authorities with responsibility for regulatory oversight of Djibouti, including

 

 

Djibouti

DAALLO AIRLINES

Unknown

DAO

Djibouti

All air carriers certified by the authorities with responsibility for regulatory oversight of Equatorial Guinea, including

 

 

Equatorial Guinea

CEIBA INTERCONTINENTAL

2011/0001/MTTCT/DGAC/SOPS

CEL

Equatorial Guinea

CRONOS AIRLINES

2011/0004/MTTCT/DGAC/SOPS

Unknown

Equatorial Guinea

All air carriers certified by the authorities with responsibility for regulatory oversight of Eritrea, including

 

 

Eritrea

ERITREAN AIRLINES

AOC No 004

ERT

Eritrea

NASAIR ERITREA

AOC No 005

NAS

Eritrea

All air carriers certified by the authorities with responsibility for regulatory oversight of the Republic of Gabon, with the exception of Afrijet and SN2AG put in Annex B, including

 

 

Republic of Gabon

AFRIC AVIATION

010/MTAC/ANAC-G/DSA

EKG

Republic of Gabon

ALLEGIANCE AIR TOURIST

007/MTAC/ANAC-G/DSA

LGE

Republic of Gabon

NATIONALE REGIONALE TRANSPORT (N.R.T)

008/MTAC/ANAC-G/DSA

NRG

Republic of Gabon

SKY GABON

009/MTAC/ANAC-G/DSA

SKG

Republic of Gabon

SOLENTA AVIATION GABON

006/MTAC/ANAC-G/DSA

SVG

Republic of Gabon

TROPICAL AIR-GABON

011/MTAC/ANAC-G/DSA

Unknown

Republic of Gabon

All air carriers certified by the authorities with responsibility for regulatory oversight of the Kyrgyz Republic, including

 

 

Kyrgyz Republic

AIR BISHKEK (formerly EASTOK AVIA)

15

EAA

Kyrgyz Republic

AIR MANAS

17

MBB

Kyrgyz Republic

AVIA TRAFFIC COMPANY

23

AVJ

Kyrgyz Republic

CENTRAL ASIAN AVIATION SERVICES (CAAS)

13

CBK

Kyrgyz Republic

HELI SKY

47

HAC

Kyrgyz Republic

AIR KYRGYZSTAN

03

LYN

Kyrgyz Republic

MANAS AIRWAYS

42

BAM

Kyrgyz Republic

S GROUP INTERNATIONAL

(formerly S GROUP AVIATION)

45

IND

Kyrgyz Republic

SKY BISHKEK

43

BIS

Kyrgyz Republic

SKY KG AIRLINES

41

KGK

Kyrgyz Republic

SKY WAY AIR

39

SAB

Kyrgyz Republic

TEZ JET

46

TEZ

Kyrgyz Republic

VALOR AIR

07

VAC

Kyrgyz Republic

All air carriers certified by the authorities with responsibility for regulatory oversight of Liberia.

 

 

Liberia

All air carriers certified by the authorities with responsibility for regulatory oversight of Libya, including

 

 

Libya

AFRIQIYAH AIRWAYS

007/01

AAW

Libya

AIR LIBYA

004/01

TLR

Libya

BURAQ AIR

002/01

BRQ

Libya

GHADAMES AIR TRANSPORT

012/05

GHT

Libya

GLOBAL AVIATION AND SERVICES

008/05

GAK

Libya

LIBYAN AIRLINES

001/01

LAA

Libya

PETRO AIR

025/08

PEO

Libya

All air carriers certified by the authorities with responsibility for regulatory oversight of Nepal, including

 

 

Republic of Nepal

AIR DYNASTY HELI. S.

035/2001

Unknown

Republic of Nepal

AIR KASTHAMANDAP

051/2009

Unknown

Republic of Nepal

BUDDHA AIR

014/1996

BHA

Republic of Nepal

FISHTAIL AIR

017/2001

Unknown

Republic of Nepal

GOMA AIR

064/2010

Unknown

Republic of Nepal

HIMALAYA AIRLINES

084/2015

Unknown

Republic of Nepal

MAKALU AIR

057A/2009

Unknown

Republic of Nepal

MANANG AIR PVT LTD

082/2014

Unknown

Republic of Nepal

MOUNTAIN HELICOPTERS

055/2009

Unknown

Republic of Nepal

MUKTINATH AIRLINES

081/2013

Unknown

Republic of Nepal

NEPAL AIRLINES CORPORATION

003/2000

RNA

Republic of Nepal

SAURYA AIRLINES

083/2014

Unknown

Republic of Nepal

SHREE AIRLINES

030/2002

SHA

Republic of Nepal

SIMRIK AIR

034/2000

Unknown

Republic of Nepal

SIMRIK AIRLINES

052/2009

RMK

Republic of Nepal

SITA AIR

033/2000

Unknown

Republic of Nepal

TARA AIR

053/2009

Unknown

Republic of Nepal

YETI AIRLINES DOMESTIC

037/2004

NYT

Republic of Nepal

All air carriers certified by the authorities with responsibility for regulatory oversight of Sao Tome and Principe, including

 

 

Sao Tome and Principe

AFRICA'S CONNECTION

10/AOC/2008

ACH

Sao Tome and Principe

STP AIRWAYS

03/AOC/2006

STP

Sao Tome and Principe

All air carriers certified by the authorities with responsibility for regulatory oversight of Sierra Leone, including

 

 

Sierra Leone

AIR RUM, LTD

UNKNOWN

RUM

Sierra Leone

DESTINY AIR SERVICES, LTD

UNKNOWN

DTY

Sierra Leone

HEAVYLIFT CARGO

UNKNOWN

Unknown

Sierra Leone

ORANGE AIR SIERRA LEONE LTD

UNKNOWN

ORJ

Sierra Leone

PARAMOUNT AIRLINES, LTD

UNKNOWN

PRR

Sierra Leone

SEVEN FOUR EIGHT AIR SERVICES LTD

UNKNOWN

SVT

Sierra Leone

TEEBAH AIRWAYS

UNKNOWN

Unknown

Sierra Leone

All air carriers certified by the authorities with responsibility for regulatory oversight of Sudan, including

 

 

Republic of Sudan

ALFA AIRLINES SD

54

AAJ

Republic of the Sudan

BADR AIRLINES

35

BDR

Republic of the Sudan

BLUE BIRD AVIATION

11

BLB

Republic of the Sudan

ELDINDER AVIATION

8

DND

Republic of the Sudan

GREEN FLAG AVIATION

17

Unknown

Republic of the Sudan

HELEJETIC AIR

57

HJT

Republic of the Sudan

KATA AIR TRANSPORT

9

KTV

Republic of the Sudan

KUSH AVIATION CO.

60

KUH

Republic of the Sudan

NOVA AIRWAYS

46

NOV

Republic of the Sudan

SUDAN AIRWAYS CO.

1

SUD

Republic of the Sudan

SUN AIR

51

SNR

Republic of the Sudan

TARCO AIR

56

TRQ

Republic of the Sudan


(1)  Air carriers listed in Annex A could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.


ANNEX II

ANNEX B

LIST OF AIR CARRIERS WHICH ARE SUBJECT TO OPERATIONAL RESTRICTIONS WITHIN THE UNION (1)

Name of the legal entity of the air carrier as indicated on its AOC (and its trading name, if different)

Air Operator Certificate (‘AOC’) Number

ICAO three letter designator

State of the Operator

Aircraft type restricted

Registration mark(s) and, when available, construction serial number(s) of restricted aircraft

State of registry

(1)

(2)

(3)

(4)

(5)

(6)

(7)

TAAG ANGOLA AIRLINES

001

DTA

Republic of Angola

All fleet with the exception of: aircraft of type Boeing B737-700, aircraft of type Boeing B777-200, aircraft of type Boeing B777-300 and aircraft of type Boeing B777-300ER.

All fleet with the exception of: aircraft within the Boeing B737-700 fleet, as mentioned on the AOC; aircraft within the Boeing B777-200 fleet, as mentioned on the AOC; aircraft within the Boeing B777-300 fleet, as mentioned on the AOC and aircraft within the Boeing B777-300ER fleet, as mentioned on the AOC.

Republic of Angola

AIR SERVICE COMORES

06-819/TA-15/DGACM

KMD

Comoros

All fleet with the exception of: LET 410 UVP.

All fleet with the exception of: D6-CAM (851336).

Comoros

AFRIJET BUSINESS SERVICE  (2)

002/MTAC/ANAC-G/DSA

ABS

Republic of Gabon

All fleet with the exception of: 2 aircraft of type Falcon 50, 2 aircraft of type Falcon 900.

All fleet with the exception of: TR-LGV; TR-LGY; TR-AFJ; TR-AFR.

Republic of Gabon

NOUVELLE AIR AFFAIRES GABON (SN2AG)

003/MTAC/ANAC-G/DSA

NVS

Republic of Gabon

All fleet with the exception of: 1 aircraft of type Challenger CL-601, 1 aircraft of type HS-125-800.

All fleet with the exception of: TR-AAG, ZS-AFG.

Republic of Gabon; Republic of South Africa

IRAN AIR

FS100

IRA

Islamic Republic of Iran

All aircraft of type Fokker F100 and of type Boeing B747

Aircraft of type Fokker F100 as mentioned on the AOC; aircraft of type Boeing B747 as mentioned on the AOC

Islamic Republic of Iran

AIR KORYO

GAC-AOC/KOR-01

KOR

Democratic People's Republic of Korea

All fleet with the exception of: 2 aircraft of type TU-204.

All fleet with the exception of: P-632, P-633.

Democratic People's Republic of Korea


(1)  Air carriers listed in Annex B could be permitted to exercise traffic rights by using wet-leased aircraft of an air carrier which is not subject to an operating ban, provided that the relevant safety standards are complied with.

(2)  Afrijet is only allowed to use the specific aircraft mentioned for its current level of operations within the Union.


DECISIONS

15.6.2018   

EN

Official Journal of the European Union

L 152/22


COUNCIL IMPLEMENTING DECISION (CFSP) 2018/872

of 14 June 2018

implementing Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 31(2) thereof,

Having regard to Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya and repealing Decision 2011/137/CFSP (1), and in particular Article 12(1) thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

(1)

On 31 July 2015, the Council adopted Decision (CFSP) 2015/1333.

(2)

On 7 June 2018, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 1970 (2011) added six persons to the list of persons and entities subject to restrictive measures.

(3)

Annexes I and III to Decision (CFSP) 2015/1333 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annexes I and III to Decision (CFSP) 2015/1333 are amended as set out in the Annex to this Decision.

Article 2

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

Done at Brussels, 14 June 2018.

For the Council

The President

E. ZAHARIEVA


(1)  OJ L 206, 1.8.2015, p. 34.


ANNEX

I.   

The following persons are added to the list in Annex I to Decision (CFSP) 2015/1333:

21.

Name: 1: Ermias 2: Ghermay 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (35-45 years old) POB: (possibly Asmara, Eritrea) Good quality a.k.a.: na Low quality a.k.a.: a) Ermies Ghermay b) Ermias Ghirmay Nationality: Eritrea Passport no: na National identification no: na Address: (Known address: Tripoli, Tarig sure no. 51, likely moved to Sabratha in 2015.) Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ermias Ghermay is extensively documented by multiple reliable sources, including criminal investigations, identifying him as one of the most important sub-Saharan actors involved in the illicit trafficking of migrants in Libya. Ermias Ghermay is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are reportedly being committed against migrants. He works in close cooperation with Libyan smuggling networks like that of Abu-Qarin, and he is considered their ‘Eastern supply chain’. His network stretches from Sudan to the coast of Libya and to Europe (Italy, France, Germany, the Netherlands, Sweden, the United Kingdom) and the United States. Ghermay controls private detention camps around the Libyan northwest coast where migrants are detained, and where serious abuses against migrants have taken place. From these camps, migrants are transported to Sabratha or Zawiya. In recent years, Ghermay has organised countless perilous journeys across the sea, exposing migrants (including numerous minors) to the risk of death. The Court of Palermo (Italy) issued arrest warrants in 2015 against Ermias Ghermay in relation to the smuggling of thousands of migrants under inhumane circumstances, including the shipwrecking on 13 October 2013 near Lampedusa in which 266 people died.

22.

Name: 1: Fitiwi 2: Abdelrazak 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (30-35 years old) POB: Massaua, Eritrea Good quality a.k.a.: na Low quality a.k.a.: Fitwi Esmail Abdelrazak Nationality: Eritrea Passport no: na National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Fitiwi Abdelrazak is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. Fitiwi Abdelrazak has been identified in open sources and in several criminal investigations as one of the top-level actors responsible for the exploitation and abuse of a large number of migrants in Libya. Abdelrazak has extensive contacts within Libyan smuggling networks and has accumulated immense wealth through the illicit trafficking of migrants. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are being committed. His network is composed of cells reaching from Sudan, Libya, Italy and onwards to destination countries for migrants. Migrants in his camps are also bought from other parties, such as other local detention facilities. From these camps, migrants are transported to the Libyan coast. Abdelrazak has organised countless perilous maritime journeys, exposing migrants (including minors) to the risk of death. Abdelrazak is linked to at least two shipwrecks with fatal consequences between April 2014 and July 2014.

23.

Name: 1: Ahmad 2: Oumar 3: al-Dabbashi 4: na

Title: na Designation: Commander of the Anas al-Dabbashi militia, Leader of a transnational trafficking network DOB: Approximately (30 years old ) POB: (possibly Sabratha, Talil neighbourhood) Good quality a.k.a.: na Low quality a.k.a.: a) Al-Dabachi b) Al Ammu c) The Uncle d) Al-Ahwal Nationality: Libya Passport no: na National identification no: na Address: a) Garabulli, Libya b) Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ahmad al-Dabbashi is the commander of the Anas al-Dabbashi militia, formerly operating in the coastal area between Sabratha and Melita. Al-Dabbashi is a significant leader in illicit activities related to the trafficking of migrants. The al-Dabbashi clan and militia also cultivate relationships with terrorist and violent extremist groups. Al-Dabbashi is currently active around Zawiya, after violent clashes broke out with other militia and rivalling smuggling organisations around the coastal area in October 2017, resulting in over 30 deaths including civilians. In response to his ouster, Ahmad al-Dabbashi on 4 December 2017 publicly vowed to return to Sabratha with weapons and force. There is extensive evidence that Al-Dabbashi's militia has been directly involved in the illicit trafficking and smuggling of migrants, and that his militia controls departure areas for migrants, camps, safe houses and boats. There is information that supports the conclusion that Al-Dabbashi has exposed migrants (including minors) to brutal conditions and sometimes fatal circumstances on land and at sea. After violent clashes between al-Dabbashi's militia and other militia in Sabratha, thousands of migrants were found (many in serious condition), most of them held in centres of the Martyrs Anas al-Dabbashi brigade and al-Ghul militia. The al-Dabbashi clan, and the connected Anas al-Dabbashi militia, have long-standing links with Islamic State in the Levante (ISIL) and its affiliates. Several ISIL operatives have been in their ranks, including Abdallah al-Dabbashi, the ISIL ‘caliph’ of Sabratha. Al-Dabbashi was also allegedly involved in orchestrating the murder of Sami Khalifa al-Gharabli, who was appointed by the Sabratha municipal council to counter migrant smuggling operations in July 2017. Al-Dabbashi's activities largely contribute to the mounting violence and insecurity in western Libya and threaten peace and stability in Libya and neighbouring countries.

24.

Name: 1: MUS'AB 2: ABU-QARIN 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB:19 Jan. 1983POB: Sabratha, Libya Good quality a.k.a.: na Low quality a.k.a.: a) ABU-AL QASSIM OMAR Musab Boukrin b) The Doctor c) Al-Grein Nationality: Libya Passport no: a) 782633, issued on 31 May 2005b) 540794, issued on 12 Jan. 2008National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mus'ab Abu-Qarin is seen as a central actor in human trafficking and migrant smuggling activities in the area of Sabratha, but also works from Zawiya and Garibulli. His transnational network covers Libya, European destinations, sub-Saharan countries for the recruitment of migrants and Arab countries for the financial sector. Reliable sources have documented his collusion in human trafficking and smuggling with Ermias Ghermay, who takes care of the ‘Eastern supply chain’ on behalf of Abu-Qarin. There is evidence that Abu-Qarin has cultivated relationships with other actors in the trafficking business, notably Mohammed Kachlaf (cousin and head of the al-Nasr brigade, also proposed for listing) in Zawiya. A former accomplice of Abu-Qarin, who is now cooperating with the Libyan authorities, claims that Abu-Qarin organised journeys over sea for 45 000 people in 2015 alone, exposing migrants (including minors) to the risk of death. Abu-Qarin is the organiser of a journey on 18 April 2015 ending in a shipwrecking in the Sicilian Canal that caused the death of 800 people. Evidence, including from the UN Panel of Experts, documents that he is responsible for the detention of migrants under brutal conditions, including in Tripoli near the al-Wadi area and seaside resorts near Sabratha where migrants are held. Abu-Qarin is reported to have been close to the al-Dabbashi clan in Sabratha, until a conflict broke out over a ‘protection tax’. Sources have reported that Abu-Qarin has paid persons close to violent extremists in the Sabratha area, in exchange for the approval to smuggle migrants on behalf of violent extremist circles, that financially benefit from the exploitation of illegal immigration. Abu-Qarin is connected to a network of smugglers composed of Salafi armed groups in Tripoli, Sebha and Kufra.

25.

Name: 1: Mohammed 2: Kachlaf 3: na 4: na

Title: na Designation: Commander of the Shuhada al-Nasr brigade, Head of the Petrol Refinery Guard of Zawiya's refinery DOB: na POB: Zawiya, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Kashlaf b) Koshlaf c) Keslaf d) al-Qasab Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mohammed Kachlaf is the head of the Shuhada al Nasr brigade in Zawiya, Western Libya. His militia controls the Zawiya refinery, a central hub of migrant smuggling operations. Kachlaf also controls detention centres, including the Nasr detention centre – nominally under the control of the DCIM. As documented in various sources, the network of Kachlaf is one of the most dominant in the field of migrant smuggling and the exploitation of migrants in Libya. Kachlaf has extensive links with the head of the local unit of the coast guard of Zawiya, al-Rahman al-Milad, whose unit intercepts boats with migrants, often of rivalling migrant smuggling networks. Migrants are then brought to detention facilities under the control of the Al Nasr militia, where they are reportedly held in critical conditions. The Panel of Experts for Libya collected evidence of migrants that were frequently beaten, while others, notably women from sub-Saharan countries and Morocco, were sold on the local market as ‘sex slaves’. The Panel has also found that Kachlaf collaborates with other armed groups and has been involved in repeated violent clashes in 2016 and 2017.

26.

Name: 1: Abd 2: Al-Rahman 3: al-Milad 4: na

Title: na Designation: Commander of the Coast Guard in Zawiya DOB: Approximately (29 years old) POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Rahman Salim Milad b) al-Bija Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Abd al Rahman al-Milad heads the regional unit of the Coast Guard in Zawiya that is consistently linked with violence against migrants and other human smugglers. The UN Panel of Experts claims that Milad, and other coastguard members, are directly involved in the sinking of migrant boats using firearms. Al-Milad collaborates with other migrant smugglers such as Mohammed Kachlaf (also proposed for listing) who, sources suggest, is providing protection to him to carry out illicit operations related to the trafficking and smuggling of migrants. Several witnesses in criminal investigations have stated they were picked up at sea by armed men on a Coast Guard ship called Tallil (used by al-Milad) and taken to the al-Nasr detention centre, where they are reportedly held in brutal conditions and subjected to beatings.

II.   

The following persons are added to the list in Annex III to Decision (CFSP) 2015/1333:

21.

Name: 1: Ermias 2: Ghermay 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (35-45 years old) POB: (possibly Asmara, Eritrea) Good quality a.k.a.: na Low quality a.k.a.: a) Ermies Ghermay b) Ermias Ghirmay Nationality: Eritrea Passport no: na National identification no: na Address: (Known address: Tripoli, Tarig sure no. 51, likely moved to Sabratha in 2015.) Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ermias Ghermay is extensively documented by multiple reliable sources, including criminal investigations, identifying him as one of the most important sub-Saharan actors involved in the illicit trafficking of migrants in Libya. Ermias Ghermay is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are reportedly being committed against migrants. He works in close cooperation with Libyan smuggling networks like that of Abu-Qarin, and he is considered their ‘Eastern supply chain’. His network stretches from Sudan to the coast of Libya and to Europe (Italy, France, Germany, the Netherlands, Sweden, the United Kingdom) and the United States. Ghermay controls private detention camps around the Libyan northwest coast where migrants are detained, and where serious abuses against migrants have taken place. From these camps, migrants are transported to Sabratha or Zawiya. In recent years, Ghermay has organised countless perilous journeys across the sea, exposing migrants (including numerous minors) to the risk of death. The Court of Palermo (Italy) issued arrest warrants in 2015 against Ermias Ghermay in relation to the smuggling of thousands of migrants under inhumane circumstances, including the shipwrecking on 13 October 2013 near Lampedusa in which 266 people died.

22.

Name: 1: Fitiwi 2: Abdelrazak 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB: Approximately (30-35 years old) POB: Massaua, Eritrea Good quality a.k.a.: na Low quality a.k.a.: Fitwi Esmail Abdelrazak Nationality: Eritrea Passport no: na National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Fitiwi Abdelrazak is a leader of a transnational network responsible for trafficking and smuggling tens of thousands of migrants, mainly from the Horn of Africa to the coast of Libya and onwards to destination countries in Europe and the United States. Fitiwi Abdelrazak has been identified in open sources and in several criminal investigations as one of the top-level actors responsible for the exploitation and abuse of a large number of migrants in Libya. Abdelrazak has extensive contacts within Libyan smuggling networks and has accumulated immense wealth through the illicit trafficking of migrants. He has armed men at his disposal, as well as warehouses and detention camps where serious human rights abuses are being committed. His network is composed of cells reaching from Sudan, Libya, Italy and onwards to destination countries for migrants. Migrants in his camps are also bought from other parties, such as other local detention facilities. From these camps, migrants are transported to the Libyan coast. Abdelrazak has organised countless perilous maritime journeys, exposing migrants (including minors) to the risk of death. Abdelrazak is linked to at least two shipwrecks with fatal consequences between April 2014 and July 2014.

23.

Name: 1: Ahmad 2: Oumar 3: al-Dabbashi 4: na

Title: na Designation: Commander of the Anas al-Dabbashi militia, Leader of a transnational trafficking network DOB: Approximately (30 years old ) POB: (possibly Sabratha, Talil neighbourhood) Good quality a.k.a.: na Low quality a.k.a.: a) Al-Dabachi b) Al Ammu c) The Uncle d) Al-Ahwal Nationality: Libya Passport no: na National identification no: na Address: a) Garabulli, Libya b) Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Ahmad al-Dabbashi is the commander of the Anas al-Dabbashi militia, formerly operating in the coastal area between Sabratha and Melita. Al-Dabbashi is a significant leader in illicit activities related to the trafficking of migrants. The al-Dabbashi clan and militia also cultivate relationships with terrorist and violent extremist groups. Al-Dabbashi is currently active around Zawiya, after violent clashes broke out with other militia and rivalling smuggling organisations around the coastal area in October 2017, resulting in over 30 deaths including civilians. In response to his ouster, Ahmad al-Dabbashi on 4 December 2017 publicly vowed to return to Sabratha with weapons and force. There is extensive evidence that Al-Dabbashi's militia has been directly involved in the illicit trafficking and smuggling of migrants, and that his militia controls departure areas for migrants, camps, safe houses and boats. There is information that supports the conclusion that Al-Dabbashi has exposed migrants (including minors) to brutal conditions and sometimes fatal circumstances on land and at sea. After violent clashes between al-Dabbashi's militia and other militia in Sabratha, thousands of migrants were found (many in serious condition), most of them held in centres of the Martyrs Anas al-Dabbashi brigade and al-Ghul militia. The al-Dabbashi clan, and the connected Anas al-Dabbashi militia, have long-standing links with Islamic State in the Levante (ISIL) and its affiliates. Several ISIL operatives have been in their ranks, including Abdallah al-Dabbashi, the ISIL ‘caliph’ of Sabratha. Al-Dabbashi was also allegedly involved in orchestrating the murder of Sami Khalifa al-Gharabli, who was appointed by the Sabratha municipal council to counter migrant smuggling operations in July 2017. Al-Dabbashi's activities largely contribute to the mounting violence and insecurity in western Libya and threaten peace and stability in Libya and neighbouring countries.

24.

Name: 1: MUS'AB 2: ABU-QARIN 3: na 4: na

Title: na Designation: Leader of a transnational trafficking network DOB:19 Jan. 1983POB: Sabratha, Libya Good quality a.k.a.: na Low quality a.k.a.: a) ABU-AL QASSIM OMAR Musab Boukrin b) The Doctor c) Al-Grein Nationality: Libya Passport no: a) 782633, issued on 31 May 2005b) 540794, issued on 12 Jan. 2008National identification no: na Address: na Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mus'ab Abu-Qarin is seen as a central actor in human trafficking and migrant smuggling activities in the area of Sabratha, but also works from Zawiya and Garibulli. His transnational network covers Libya, European destinations, sub-Saharan countries for the recruitment of migrants and Arab countries for the financial sector. Reliable sources have documented his collusion in human trafficking and smuggling with Ermias Ghermay, who takes care of the ‘Eastern supply chain’ on behalf of Abu-Qarin. There is evidence that Abu-Qarin has cultivated relationships with other actors in the trafficking business, notably Mohammed Kachlaf (cousin and head of the al-Nasr brigade, also proposed for listing) in Zawiya. A former accomplice of Abu-Qarin, who is now cooperating with the Libyan authorities, claims that Abu-Qarin organised journeys over sea for 45 000 people in 2015 alone, exposing migrants (including minors) to the risk of death. Abu-Qarin is the organiser of a journey on 18 April 2015 ending in a shipwrecking in the Sicilian Canal that caused the death of 800 people. Evidence, including from the UN Panel of Experts, documents that he is responsible for the detention of migrants under brutal conditions, including in Tripoli near the al-Wadi area and seaside resorts near Sabratha where migrants are held. Abu-Qarin is reported to have been close to the al-Dabbashi clan in Sabratha, until a conflict broke out over a ‘protection tax’. Sources have reported that Abu-Qarin has paid persons close to violent extremists in the Sabratha area, in exchange for the approval to smuggle migrants on behalf of violent extremist circles, that financially benefit from the exploitation of illegal immigration. Abu-Qarin is connected to a network of smugglers composed of Salafi armed groups in Tripoli, Sebha and Kufra.

25.

Name: 1: Mohammed 2: Kachlaf 3: na 4: na

Title: na Designation: Commander of the Shuhada al-Nasr brigade, Head of the Petrol Refinery Guard of Zawiya's refinery DOB: na POB: Zawiya, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Kashlaf b) Koshlaf c) Keslaf d) al-Qasab Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Mohammed Kachlaf is the head of the Shuhada al Nasr brigade in Zawiya, Western Libya. His militia controls the Zawiya refinery, a central hub of migrant smuggling operations. Kachlaf also controls detention centres, including the Nasr detention centre – nominally under the control of the DCIM. As documented in various sources, the network of Kachlaf is one of the most dominant in the field of migrant smuggling and the exploitation of migrants in Libya. Kachlaf has extensive links with the head of the local unit of the coast guard of Zawiya, al-Rahman al-Milad, whose unit intercepts boats with migrants, often of rivalling migrant smuggling networks. Migrants are then brought to detention facilities under the control of the Al Nasr militia, where they are reportedly held in critical conditions. The Panel of Experts for Libya collected evidence of migrants that were frequently beaten, while others, notably women from sub-Saharan countries and Morocco, were sold on the local market as ‘sex slaves’. The Panel has also found that Kachlaf collaborates with other armed groups and has been involved in repeated violent clashes in 2016 and 2017.

26.

Name: 1: Abd 2: Al-Rahman 3: al-Milad 4: na

Title: na Designation: Commander of the Coast Guard in Zawiya DOB: Approximately (29 years old) POB: Tripoli, Libya Good quality a.k.a.: na Low quality a.k.a.: a) Rahman Salim Milad b) al-Bija Nationality: Libya Passport no: na National identification no: na Address: Zawiya, Libya Listed on:7 June 2018Other information: Listed pursuant to paragraphs 15 and 17 of resolution 1970 (Travel Ban, Asset Freeze)

Listed pursuant to paragraph 22(a) of resolution 1970 (2011); paragraph 4(a) of resolution 2174 (2014); paragraph 11(a) of resolution 2213 (2015).

Additional information

Abd al Rahman al-Milad heads the regional unit of the Coast Guard in Zawiya that is consistently linked with violence against migrants and other human smugglers. The UN Panel of Experts claims that Milad, and other coastguard members, are directly involved in the sinking of migrant boats using firearms. Al-Milad collaborates with other migrant smugglers such as Mohammed Kachlaf (also proposed for listing) who, sources suggest, is providing protection to him to carry out illicit operations related to the trafficking and smuggling of migrants. Several witnesses in criminal investigations have stated they were picked up at sea by armed men on a Coast Guard ship called Tallil (used by al-Milad) and taken to the al-Nasr detention centre, where they are reportedly held in brutal conditions and subjected to beatings.


15.6.2018   

EN

Official Journal of the European Union

L 152/29


COMMISSION IMPLEMENTING DECISION (EU) 2018/873

of 13 June 2018

excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD)

(notified under document C(2018) 3826)

(Only the Bulgarian, Czech, Danish, English, Finnish, French, German, Greek, Hungarian, Italian, Polish, Romanian, Spanish and Swedish texts are authentic)

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 52 thereof,

After consulting the Committee on the Agricultural Funds,

Whereas:

(1)

In accordance with Article 31 of Council Regulation (EC) No 1290/2005 (2) and as from 1 January 2015 in accordance with Article 52 of Regulation (EU) No 1306/2013 the Commission is to carry out the necessary verifications, communicate to the Member States the results of those verifications, take note of the comments of the Member States, initiate a bilateral discussion so that an agreement may be reached with the Member States in question, and formally communicate its conclusions to them.

(2)

The Member States have had an opportunity to request the launch of a conciliation procedure. That opportunity has been used in some cases and the reports issued on the outcome have been examined by the Commission.

(3)

In accordance with Regulation (EU) No 1306/2013, only agricultural expenditure which has been incurred in a way that has not infringed Union law may be financed.

(4)

In the light of the verifications carried out, the outcome of the bilateral discussions and the conciliation procedures, part of the expenditure declared by the Member States does not fulfil this requirement and cannot, therefore, be financed under the EAGF and the EAFRD.

(5)

The amounts that are not recognised as being chargeable to the EAGF and the EAFRD should be indicated. Those amounts do not relate to expenditure incurred more than 24 months before the Commission's written notification of the results of the verifications to the Member States.

(6)

The amounts excluded from Union financing by the present Decision should also take into account any reductions or suspensions in accordance with Article 41 of Regulation (EU) No 1306/2013 due to the fact that such reductions or suspensions are of a provisional nature and without prejudice to decisions taken pursuant to Articles 51 or 52 of that Regulation.

(7)

As regards the cases covered by this decision, the assessment of the amounts to be excluded on grounds of non-compliance with Union law was notified by the Commission to the Member States in a summary report on the subject (3).

(8)

This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 30 April 2018,

HAS ADOPTED THIS DECISION:

Article 1

The amounts set out in the Annex and related to expenditure incurred by the Member States' accredited paying agencies and declared under the EAGF or the EAFRD shall be excluded from Union financing.

Article 2

This Decision is addressed to the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, Hungary, the Republic of Austria, the Republic of Poland, Romania, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 13 June 2018.

For the Commission

Phil HOGAN

Member of the Commission


(1)  OJ L 347, 20.12.2013, p.549

(2)  Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (OJ L 209, 11.8.2005, p. 1).

(3)  Ares(2018) 2487854


ANNEX

Decision: 57

Budget Item: 6701

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

AT

Wine - Restructuring

2015

on-the-spot checks not in sufficient number and not of sufficient quality

FLAT RATE

5,00 %

EUR

– 163 750,83

0,00

– 163 750,83

 

Wine - Restructuring

2016

on-the-spot checks not in sufficient number and not of sufficient quality

FLAT RATE

5,00 %

EUR

– 158 745,93

0,00

– 158 745,93

 

Wine - Restructuring

2017

OTSC not in sufficient number and not of sufficient quality

FLAT RATE

5,00 %

EUR

– 151 661,23

0,00

– 151 661,23

 

 

 

 

 

Total AT:

EUR

– 474 157,99

0,00

– 474 157,99

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

BG

Voluntary Coupled Support

2016

Absence of checks concerning animals under selection control

FLAT RATE

5,00 %

EUR

– 8 878,53

0,00

– 8 878,53

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2014

Absence of checks for the correctness of entries in the I&R data base

FLAT RATE

5,00 %

EUR

– 1 000 881,00

– 26 225,92

– 974 655,08

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2015

Absence of checks for the correctness of entries in the I&R database

FLAT RATE

5,00 %

EUR

– 1 658 872,48

– 26 398,57

– 1 632 473,91

 

Certification

2016

CEB/2017/005/BG - Random errors in the EAGF population

ONE OFF

 

EUR

– 59 733,94

0,00

– 59 733,94

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2014

Weaknesses of checks of animals missing both ear-tags (considered as eligible during the on-the-spot checks) and weaknesses of checks of animals lacking passports (considered as eligible during the on-the-spot checks)

ONE OFF

 

EUR

– 466 343,56

– 1 387,61

– 464 955,95

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2015

Weaknesses of checks of animals missing both ear-tags (considered as eligible during the on-the-spot checks) and weaknesses of checks of animals lacking passports (considered as eligible during the on-the-spot checks)

ONE OFF

 

EUR

– 463 399,04

– 914,68

– 462 484,36

 

 

 

 

 

Total BG:

EUR

– 3 658 108,55

– 54 926,78

– 3 603 181,77

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

CZ

Cross-compliance

2015

CY 2014 - Evaluation of non-compliances - Leniency in the sanctioning system

ONE OFF

 

EUR

– 601 669,00

0,00

– 601 669,00

 

Certification

2016

CY 2015 - Evaluation of non-compliances - Leniency in the sanctioning system

ONE OFF

 

EUR

– 1 129 089,00

0,00

– 1 129 089,00

 

Certification

2017

CY 2016 - Evaluation of non-compliances - Leniency in the sanctioning system

ONE OFF

 

EUR

– 1 260 230,28

0,00

– 1 260 230,28

 

 

 

 

 

Total CZ:

EUR

– 2 990 988,28

0,00

– 2 990 988,28

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

DE

Wine - Restructuring

2016

Deficiency in key control

FLAT RATE

2,00 %

EUR

– 275 528,54

0,00

– 275 528,54

 

Wine - Restructuring

2012

Deficiency in key control - Performance of on-the-spot checks covering all payment claims in sufficient number

FLAT RATE

2,00 %

EUR

– 5,70

0,00

– 5,70

 

Wine - Restructuring

2013

Deficiency in key control - Performance of on-the-spot checks covering all payment claims in sufficient number

FLAT RATE

2,00 %

EUR

– 6 559,77

0,00

– 6 559,77

 

Wine - Restructuring

2014

Deficiency in key control - Performance of on-the-spot checks covering all payment claims in sufficient number

FLAT RATE

2,00 %

EUR

– 233 087,97

0,00

– 233 087,97

 

Wine - Restructuring

2015

Deficiency in key control - Performance of on-the-spot checks covering all payment claims in sufficient number

FLAT RATE

2,00 %

EUR

– 280 889,36

0,00

– 280 889,36

 

Certification

2016

Financial errors in the EAGF and EAFRD population

ONE OFF

 

EUR

– 472,23

0,00

– 472,23

 

 

 

 

 

Total DE:

EUR

– 796 543,57

0,00

– 796 543,57

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

DK

Certification

2016

CEB/2017/024/DK - errors in the EAGF and EAFRD populations

ONE OFF

 

EUR

– 350 182,63

– 1 625,29

– 348 557,34

 

 

 

 

 

Total DK:

EUR

– 350 182,63

– 1 625,29

– 348 557,34

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

ES

Certification

2016

CEB/2016/038/ES known errors in EAGF

ONE OFF

 

EUR

– 96 018,45

0,00

– 96 018,45

 

Certification

2016

FINANCIAL ERRORS DETECTED BY THE CB

ONE OFF

 

EUR

– 15 009,30

0,00

– 15 009,30

 

Entitlements

2016

Weakness in the administrative checks on PE when setting up the BPS - impact on BPS

ONE OFF

 

EUR

– 39 844,18

0,00

– 39 844,18

 

Entitlements

2017

Weakness in the administrative checks on PE when setting up the BPS - impact on BPS

ONE OFF

 

EUR

– 39 794,02

0,00

– 39 794,02

 

Decoupled Direct Aids

2016

Weakness in the administrative checks on PE when setting up the BPS - impact on Greening payments

ONE OFF

 

EUR

– 20 601,48

0,00

– 20 601,48

 

Decoupled Direct Aids

2017

Weakness in the administrative checks on PE when setting up the BPS - impact on Greening payments

ONE OFF

 

EUR

– 20 567,52

0,00

– 20 567,52

 

Decoupled Direct Aids

2016

Weakness in the administrative checks on PE when setting up the BPS - impact on Young Farmers payments

ONE OFF

 

EUR

– 4 268,40

0,00

– 4 268,40

 

Decoupled Direct Aids

2017

Weakness in the administrative checks on PE when setting up the BPS - impact on Young Farmers payments

ONE OFF

 

EUR

– 4 268,40

0,00

– 4 268,40

 

 

 

 

 

Total ES:

EUR

– 240 371,75

0,00

– 240 371,75

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

FR

Fruit and Vegetables - Operational programmes incl withdrawals

2015

Administrative checks prior to granting payment on the elements for establishing the aid payable–VMP

ONE OFF

 

EUR

– 409 462,15

0,00

– 409 462,15

 

Other Direct Aid - POSEI

2013

Animal premium - weakness in administrative and on-the-spot checks FY 2013

ONE OFF

 

EUR

– 320 094,98

– 640,29

– 319 454,69

 

Other Direct Aid - POSEI (2014+)

2014

Animal premium - weakness in administrative and on-the-spot checks FY 2014

ONE OFF

 

EUR

– 323 719,64

– 1,50

– 323 718,14

 

Other Direct Aid - POSEI (2014+)

2015

Animal premium - weakness in administrative and on-the-spot checks FY 2015

ONE OFF

 

EUR

– 314 303,95

– 2,18

– 314 301,77

 

Other Direct Aid - POSEI (2014+)

2016

Animal premium - weakness in administrative and on-the-spot checks FY 2016

ONE OFF

 

EUR

– 304 428,93

0,00

– 304 428,93

 

Fruit and Vegetables - Operational programmes incl withdrawals

2016

Control of eligibility of operational programme–soundness of estimates. Financial correction from 1.7.2016 till 15.10.2016

FLAT RATE

2,00 %

EUR

– 1 056 347,64

0,00

– 1 056 347,64

 

Fruit and Vegetables - Operational programmes incl withdrawals

2014

Control of eligibility of operational programme–soundness of estimates; Non-respect for recognition criteria by POs–Warning letters and sanctions. Financial correction from 10.3.2014 till 30.6.2016

FLAT RATE

5,00 %

EUR

– 4 055 381,53

0,00

– 4 055 381,53

 

Fruit and Vegetables - Operational programmes incl withdrawals

2015

Control of eligibility of operational programme–soundness of estimates; Non-respect for recognition criteria by POs–Warning letters and sanctions. Financial correction from 10.3.2014 till 30.6.2016

FLAT RATE

5,00 %

EUR

– 5 477 578,32

– 20 473,11

– 5 457 105,21

 

Fruit and Vegetables - Operational programmes incl withdrawals

2016

Control of eligibility of operational programme–soundness of estimates; Non-respect for recognition criteria by POs–Warning letters and sanctions. Financial correction from 10.3.2014 till 30.6.2016

FLAT RATE

5,00 %

EUR

– 2 274 528,33

0,00

– 2 274 528,33

 

Fruit and Vegetables - Operational programmes incl withdrawals

2017

Control of eligibility of operational programmes - soundness of estimates - FY 2017 till 30.6.2017 (provisional)

FLAT RATE

2,00 %

EUR

– 1 040 251,20

0,00

– 1 040 251,20

 

POSEI (2007+)

2013

Error in recognition of producers organisaton

ONE OFF

 

EUR

– 680 081,66

0,00

– 680 081,66

 

POSEI (2014+)

2014

Error in recognition of producers organisaton

ONE OFF

 

EUR

– 1 149 556,00

0,00

– 1 149 556,00

 

POSEI (2014+)

2015

Error in recognition of producers organisaton

ONE OFF

 

EUR

– 542 082,76

0,00

– 542 082,76

 

POSEI (2014+)

2016

Error in recognition of producers organisaton

ONE OFF

 

EUR

– 537 217,02

0,00

– 537 217,02

 

Other Direct Aid - POSEI

2013

Inaccurate accounting for certain consignments of bananas FY 2013

FLAT RATE

5,00 %

EUR

– 646 575,60

– 11 309,16

– 635 266,44

 

Other Direct Aid - POSEI (2014+)

2014

Inaccurate accounting for certain consignments of bananas FY 2014

FLAT RATE

5,00 %

EUR

– 464 167,98

– 905,52

– 463 262,46

 

Other Direct Aid - POSEI (2014+)

2015

Inaccurate accounting for certain consignments of bananas FY 2015

FLAT RATE

5,00 %

EUR

– 410 793,72

– 11,23

– 410 782,49

 

Other Direct Aid - POSEI (2014+)

2016

Inaccurate accounting for certain consignments of bananas FY 2016

FLAT RATE

5,00 %

EUR

– 423 898,10

0,00

– 423 898,10

 

Certification

2014

Lack of diligence in recovery

ONE OFF

 

EUR

– 111 077,56

0,00

– 111 077,56

 

Other Direct Aid - POSEI

2012

Transport of sugar cane

ONE OFF

 

EUR

– 71 021,04

– 1 420,42

– 69 600,62

 

Other Direct Aid - POSEI

2013

Transport of sugar cane - weakness in administrative checks

FLAT RATE

5,00 %

EUR

– 10 103,99

– 202,08

– 9 901,91

 

Other Direct Aid - POSEI (2014+)

2014

Transport of sugar cane - weakness in administrative checks

FLAT RATE

5,00 %

EUR

– 7 764,37

0,00

– 7 764,37

 

Other Direct Aid - POSEI (2014+)

2015

Transport of sugar cane - weakness in administrative checks

FLAT RATE

5,00 %

EUR

– 8 881,29

0,00

– 8 881,29

 

POSEI (2007+)

2013

TVA

ONE OFF

 

EUR

– 1 983,23

0,00

– 1 983,23

 

POSEI (2007+)

2013

Weakness in administrative checks - diversification of local production and breeding animals

FLAT RATE

5,00 %

EUR

– 17 516,82

0,00

– 17 516,82

 

POSEI (2014+)

2014

Weakness in administrative checks - diversification of local production and breeding animals

FLAT RATE

5,00 %

EUR

– 25 163,93

0,00

– 25 163,93

 

POSEI (2014+)

2015

Weakness in administrative checks - diversification of local production and breeding animals

FLAT RATE

5,00 %

EUR

– 64 934,16

0,00

– 64 934,16

 

POSEI (2014+)

2016

Weakness in administrative checks - diversification of local production and breeding animals

FLAT RATE

5,00 %

EUR

– 83 420,37

0,00

– 83 420,37

 

 

 

 

 

Total FR:

EUR

– 20 832 336,27

– 34 965,49

– 20 797 370,78

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GB

Decoupled Direct Aids

2016

Greening controls - CY 2015 (CD and EFA obligations not met)

FLAT RATE

10,00 %

EUR

– 3 642 517,27

0,00

– 3 642 517,27

 

Decoupled Direct Aids

2017

Greening controls - CY 2015 (CD and EFA obligations not met)

FLAT RATE

10,00 %

EUR

– 44 305,87

0,00

– 44 305,87

 

Decoupled Direct Aids

2016

Greening controls - CY 2015 (EFA partially met with LLF)

FLAT RATE

7,00 %

EUR

– 3 200 543,02

0,00

– 3 200 543,02

 

Decoupled Direct Aids

2017

Greening controls - CY 2015 (EFA partially met with LLF)

FLAT RATE

7,00 %

EUR

– 38 929,90

0,00

– 38 929,90

 

Decoupled Direct Aids

2017

Greening controls - CY 2016 (CD and EFA obligations not met)

FLAT RATE

10,00 %

EUR

– 3 621 231,69

0,00

– 3 621 231,69

 

Decoupled Direct Aids

2017

Greening controls - CY 2016 (EFA partially met with LLF)

FLAT RATE

7,00 %

EUR

– 3 136 712,96

0,00

– 3 136 712,96

 

Fruit and Vegetables - Operational Programmes

2013

weaknesses in key controls

FLAT RATE

5,00 %

EUR

– 109 370,05

0,00

– 109 370,05

 

Fruit and Vegetables - Operational programmes incl withdrawals

2014

weaknesses in key controls (Y2014+)

FLAT RATE

5,00 %

EUR

– 1 623 796,79

0,00

– 1 623 796,79

 

Fruit and Vegetables - Operational programmes incl withdrawals

2015

weaknesses in key controls (Y2014+)

FLAT RATE

5,00 %

EUR

– 1 064 381,85

0,00

– 1 064 381,85

 

Decoupled Direct Aids

2016

Weakness in the Maximum Eligible Area for commons in LPIS - CY 2015

FLAT RATE

25,00 %

EUR

– 7 258 777,49

0,00

– 7 258 777,49

 

Decoupled Direct Aids

2017

Weakness in the Maximum Eligible Area for commons in LPIS - CY 2015

FLAT RATE

25,00 %

EUR

– 89 509,95

0,00

– 89 509,95

 

Decoupled Direct Aids

2017

Weakness in the Maximum Eligible Area for commons in LPIS - CY 2016

FLAT RATE

25,00 %

EUR

– 7 848 215,53

0,00

– 7 848 215,53

 

 

 

 

 

Total GB:

EUR

– 31 678 292,37

0,00

– 31 678 292,37

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GR

Certification

2015

EAGF Non IACS - sample reviewed in the substantive testing (one-off financial correction)

ONE OFF

 

EUR

– 6 894,50

0,00

– 6 894,50

 

Cross-compliance

2010

Execution of overlapping amount

FLAT RATE

2,00 %

EUR

0,00

16 407,60

– 16 407,60

 

Promotion Measures

2011

incorrection selection procedure of implementing bodies

FLAT RATE

5,00 %

EUR

– 5 463,44

– 85,96

– 5 377,48

 

Promotion Measures

2012

incorrection selection procedure of implementing bodies

FLAT RATE

5,00 %

EUR

– 56 982,36

– 5 463,23

– 51 519,13

 

Promotion Measures

2013

incorrection selection procedure of implementing bodies

FLAT RATE

5,00 %

EUR

– 199 382,67

– 10 782,20

– 188 600,47

 

Promotion Measures

2014

incorrection selection procedure of implementing bodies

FLAT RATE

5,00 %

EUR

– 446 615,37

– 31 823,12

– 414 792,25

 

Promotion Measures

2015

incorrection selection procedure of implementing bodies

FLAT RATE

5,00 %

EUR

– 518 199,29

0,00

– 518 199,29

 

Entitlements

2008

national reserve allocation for investors category

FLAT RATE

10,00 %

EUR

– 2 222 531,71

– 1 111 265,86

– 1 111 265,85

 

Entitlements

2009

national reserve allocation for investors category

FLAT RATE

10,00 %

EUR

– 1 899 562,82

– 1 350 922,24

– 548 640,58

 

Entitlements

2010

national reserve allocation for investors category

FLAT RATE

10,00 %

EUR

– 2 070 421,87

– 582 247,31

– 1 488 174,56

 

 

 

 

 

Total GR:

EUR

– 7 426 054,03

– 3 076 182,32

– 4 349 871,71

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

IT

Accreditation Paying Agency

2016

Bonifica exercise: files not yet analysed and recorded in the debt ledger

ONE OFF

 

EUR

– 7 904 188,89

0,00

– 7 904 188,89

 

Wine - Restructuring

2014

Failure to apply an ancillary control established by article 81 of Regulation (EC) No 555/2008

FLAT RATE

2,00 %

EUR

– 328 285,00

0,00

– 328 285,00

 

Wine - Restructuring

2015

Failure to apply an ancillary control established by article 81 of Regulation (EC) No 555/2008

FLAT RATE

2,00 %

EUR

– 252 870,69

0,00

– 252 870,69

 

Wine - Restructuring

2015

Weaknesses in the functioning of 1 key control

FLAT RATE

3,00 %

EUR

– 160 237,00

0,00

– 160 237,00

 

Wine - Restructuring

2016

Weaknesses in the functioning of 1 key control

FLAT RATE

3,00 %

EUR

– 115 639,97

0,00

– 115 639,97

 

 

 

 

 

Total IT:

EUR

– 8 761 221,55

0,00

– 8 761 221,55

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

PL

Scrutiny of transactions

2013

2013 05020401 0,5 %

FLAT RATE

0,50 %

EUR

– 267 805,24

0,00

– 267 805,24

 

Scrutiny of transactions

2013

2013 05020812 0,5 %

FLAT RATE

0,50 %

EUR

– 11 588,62

0,00

– 11 588,62

 

Scrutiny of transactions

2013

2013 05021001 0,5 %

FLAT RATE

0,50 %

EUR

– 26 058,13

0,00

– 26 058,13

 

Scrutiny of transactions

2013

2013 05021204 0,5 %

FLAT RATE

0,50 %

EUR

– 18,02

0,00

– 18,02

 

Scrutiny of transactions

2013

2013 05021208 0,5 %

FLAT RATE

0,50 %

EUR

– 2 800,89

0,00

– 2 800,89

 

Scrutiny of transactions

2013

2013 05021301 0,5 %

FLAT RATE

0,50 %

EUR

– 12 442,24

0,00

– 12 442,24

 

Scrutiny of transactions

2013

2013 05021501 0,5 %

FLAT RATE

0,50 %

EUR

– 108,61

0,00

– 108,61

 

Scrutiny of transactions

2013

2013 05021505 0,5 %

FLAT RATE

0,50 %

EUR

– 326,18

0,00

– 326,18

 

Scrutiny of transactions

2013

2013 05021506 0,5 %

FLAT RATE

0,50 %

EUR

– 6 168,65

0,00

– 6 168,65

 

Scrutiny of transactions

2014

2014 05020803 0,5 %

FLAT RATE

0,50 %

EUR

– 1 285,45

0,00

– 1 285,45

 

Scrutiny of transactions

2014

2014 05020812 0,5 %

FLAT RATE

0,50 %

EUR

– 40 936,59

0,00

– 40 936,59

 

Scrutiny of transactions

2014

2014 05021208 0,5 %

FLAT RATE

0,50 %

EUR

– 23 250,79

0,00

– 23 250,79

 

Scrutiny of transactions

2014

2014 6703 0,5 %

FLAT RATE

0,50 %

EUR

– 4 858,66

0,00

– 4 858,66

 

Scrutiny of transactions

2015

2015 05020803 0,5 %

FLAT RATE

0,50 %

EUR

– 5 790,37

0,00

– 5 790,37

 

Scrutiny of transactions

2015

2015 05020812 0,5 %

FLAT RATE

0,50 %

EUR

– 754,34

0,00

– 754,34

 

Scrutiny of transactions

2015

2015 05020899 0,5 %

FLAT RATE

0,50 %

EUR

– 33 551,85

0,00

– 33 551,85

 

Scrutiny of transactions

2015

2015 05021208 0,5 %

FLAT RATE

0,50 %

EUR

– 261,92

0,00

– 261,92

 

Scrutiny of transactions

2015

2015 6703 0,5 %

FLAT RATE

0,50 %

EUR

– 8 139,18

0,00

– 8 139,18

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2014

Quality of on-the-spot checks

FLAT RATE

5,00 %

EUR

– 1 421 755,79

0,00

– 1 421 755,79

 

Other Direct Aid - Article 68-72 of Reg.73/2009

2015

Quality of on-the-spot checks

FLAT RATE

5,00 %

EUR

– 1 436 426,73

0,00

– 1 436 426,73

 

 

 

 

 

Total PL:

EUR

– 3 304 328,25

0,00

– 3 304 328,25

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

RO

Milk - Schoolmilk

2015

Checks of the regular attendance of pupils

ONE OFF

 

EUR

– 73 375,14

0,00

– 73 375,14

 

Milk - Schoolmilk

2016

Checks of the regular attendance of pupils

ONE OFF

 

EUR

– 39 829,05

0,00

– 39 829,05

 

Certification

2015

Known error in EAGF

ONE OFF

 

EUR

– 16 464,42

0,00

– 16 464,42

 

Certification

2015

MLE IN EAGF IACS

ESTIMATED BY AMOUNT

 

EUR

– 11 570 299,23

– 38 797,64

– 11 531 501,59

 

Certification

2015

MLE IN EAGF NON-IACS

ESTIMATED BY AMOUNT

 

EUR

– 618 380,16

– 66 097,23

– 552 282,93

 

 

 

 

 

Total RO:

EUR

– 12 318 348,00

– 104 894,87

– 12 213 453,13

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

SE

Milk - Schoolmilk

2015

Non exhautive administrative checks, insufficient quality of on-the-spot ckecks, incorrect calculation of the aid including administrative reductions and penalties

FLAT RATE

5,00 %

EUR

– 21 588,10

0,00

– 21 588,10

 

Milk - Schoolmilk

2016

Non exhautive administrative checks, insufficient quality of on-the-spot ckecks, incorrect calculation of the aid including administrative reductions and penalties

FLAT RATE

5,00 %

EUR

– 16 214,01

0,00

– 16 214,01

 

Milk - Schoolmilk

2015

Stockholnm Stad

Non exhautive administrative checks, insufficient quality of on-the-spot ckecks, incorrect calculation of the aid including administrative reductions and penalties

ONE OFF

 

EUR

– 105 766,50

0,00

– 105 766,50

 

 

 

 

 

Total SE:

EUR

– 143 568,61

0,00

– 143 568,61


Currency

Amount

Deductions

Financial Impact

EUR

– 92 974 501,85

– 3 272 594,75

– 89 701 907,10

Budget Item: 6711

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

BG

Certification

2016

CEB/2017/005/BG - MLE in the EAFRD population

ESTIMATED BY AMOUNT

 

EUR

– 1 834 947,67

– 160 347,68

– 1 674 599,99

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Identification of reference parcels in a computerised LPIS-GIS with at least the requirements in Article 5 of Regulation 640/2014 (measure 12 of RDP 2014-2020).

ONE OFF

 

EUR

– 1 837 276,90

0,00

– 1 837 276,90

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Identification of reference parcels in a computerised LPIS-GIS with at least the requirements in Article 5 of Regulation 640/2014 (measure 13 of RDP 2014-2020).

ONE OFF

 

EUR

– 210 464,02

0,00

– 210 464,02

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2017

Verification of the compliance with the rules of organic farming (measure 11 of RDP 2014-2020).

EXTRAPOLATED

3,35 %

EUR

– 606 372,80

0,00

– 606 372,80

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Verification of the compliance with the rules of organic farming (measure 214 of RDP 2007-2013 and measure 11 of RDP 2014-2020).

EXTRAPOLATED

3,35 %

EUR

– 292 993,48

– 5 859,87

– 287 133,61

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Verification of the compliance with the rules of organic farming (measure 214 of RDP 2007-2013 and measure 11 of RDP 2014-2020).

EXTRAPOLATED

3,35 %

EUR

– 571 044,47

0,00

– 571 044,47

 

 

 

 

 

Total BG:

EUR

– 5 353 099,34

– 166 207,55

– 5 186 891,79

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

CZ

Rural Development EAFRD (2014-2020) measures subject to IACS

2017

Pre-notification of on-the-spot checks for M214, M10, M11 and M13 in relation to claim year 2016 (paid in financial year 2017)

FLAT RATE

5,00 %

EUR

– 144 617,10

0,00

– 144 617,10

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2018

Pre-notification of on-the-spot checks for M214, M10, M11 and M13 in relation to claim year 2016 (paid in financial year 2018)

FLAT RATE

5,00 %

EUR

– 6 499,55

0,00

– 6 499,55

 

 

 

 

 

Total CZ:

EUR

– 151 116,65

0,00

– 151 116,65

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

DE

Certification

2016

Financial errors in the EAGF and EAFRD population

ONE OFF

 

EUR

– 56 042,26

0,00

– 56 042,26

 

Certification

2015

Known errors (EAFRD non-IACS)

ONE OFF

 

EUR

– 20 424,82

0,00

– 20 424,82

 

Certification

2015

Random errors on the expenditures of EAFRD non IACS

ONE OFF

 

EUR

– 226 246,59

0,00

– 226 246,59

 

 

 

 

 

Total DE:

EUR

– 302 713,67

0,00

– 302 713,67

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

DK

Rural Development EAFRD Axis 4 LEADER (2007-2013)

2014

3 Key Controls deficient and 2 Ancillary Controls absent

FLAT RATE

10,00 %

EUR

– 1 264 137,31

– 3 916,77

– 1 260 220,54

 

Rural Development EAFRD Leader

2015

3 Key Controls deficient and 2 Ancillary Controls absent

FLAT RATE

10,00 %

EUR

– 1 205 474,58

0,00

– 1 205 474,58

 

Rural Development EAFRD Leader

2016

3 Key Controls deficient and 2 Ancillary Controls absent

FLAT RATE

10,00 %

EUR

– 897 168,81

0,00

– 897 168,81

 

Certification

2016

CEB/2017/024/DK - errors in the EAGF and EAFRD populations

ONE OFF

 

EUR

– 3 981,96

0,00

– 3 981,96

 

 

 

 

 

Total DK:

EUR

– 3 370 762,66

– 3 916,77

– 3 366 845,89

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

ES

Certification

2016

FINANCIAL ERRORS DETECTED BY THE CB

ONE OFF

 

EUR

– 59 731,49

0,00

– 59 731,49

 

Rural Development EAFRD Axis 1 - Measures with flat rate support

2014

Non-compliance with the priority status requirements

ONE OFF

 

EUR

– 63 257,98

0,00

– 63 257,98

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2015

Non-compliance with the priority status requirements

ONE OFF

 

EUR

– 197 252,51

0,00

– 197 252,51

 

 

 

 

 

Total ES:

EUR

– 320 241,98

0,00

– 320 241,98

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

FI

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2011

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 13 572,25

0,00

– 13 572,25

 

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2012

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 60 774,73

0,00

– 60 774,73

 

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2013

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 164 041,55

0,00

– 164 041,55

 

Rural Development EAFRD Investment - public beneficiaries

2014

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 395 521,13

0,00

– 395 521,13

 

Rural Development EAFRD (2014-2020) Investment - public beneficiaries

2015

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 526 480,02

0,00

– 526 480,02

 

Rural Development EAFRD (2014-2020) Investment - public beneficiaries

2016

Selection of the beneficiaries process does not prioritise in order to support only those that best fulfil the objectives of the RDP

FLAT RATE

5,00 %

EUR

– 34 620,08

0,00

– 34 620,08

 

 

 

 

 

Total FI:

EUR

– 1 195 009,76

0,00

– 1 195 009,76

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

FR

Certification

2014

EAFRD financial error No 1

ONE OFF

 

EUR

– 216,18

0,00

– 216,18

 

Certification

2014

EAFRD financial error No 106

ONE OFF

 

EUR

– 1 089,43

0,00

– 1 089,43

 

Certification

2014

EAFRD financial error No 131

ONE OFF

 

EUR

– 265,77

– 25,45

– 240,32

 

Certification

2014

EAFRD financial error No 138

ONE OFF

 

EUR

– 3 239,40

0,00

– 3 239,40

 

Certification

2014

EAFRD financial error No 150

ONE OFF

 

EUR

– 5,73

0,00

– 5,73

 

Certification

2014

EAFRD financial error No 41

ONE OFF

 

EUR

– 28 132,45

0,00

– 28 132,45

 

Certification

2014

EAFRD financial error No 49

ONE OFF

 

EUR

– 11,64

– 1,12

– 10,52

 

Certification

2014

EAFRD financial error No 50

ONE OFF

 

EUR

– 2 891,42

– 276,81

– 2 614,61

 

Certification

2014

EAFRD financial error No 51

ONE OFF

 

EUR

– 5 600,00

– 536,11

– 5 063,89

 

Certification

2014

EAFRD financial error No 57

ONE OFF

 

EUR

– 504,51

– 48,30

– 456,21

 

Certification

2014

EAFRD financial error No 60

ONE OFF

 

EUR

– 80 598,00

0,00

– 80 598,00

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

ICHN 2014 - Sufficient quality of on-the-spot controls - appropriate verification of the commitments - assessment of the livestock density during the on-the-spot checks

ESTIMATED BY AMOUNT

 

EUR

– 12 710 673,46

– 8 651 399,66

– 4 059 273,80

 

Certification

2014

Lack of diligence in recovery

ONE OFF

 

EUR

– 833 708,09

0,00

– 833 708,09

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

PHAE 2014 - Sufficient quality of on-the-spot controls - appropriate verification of the commitments - assessment of the livestock density during the on-the-spot checks

ESTIMATED BY AMOUNT

 

EUR

– 1 553 534,09

– 1 553 534,09

0,00

 

 

 

 

 

Total FR:

EUR

– 15 220 470,17

– 10 205 821,54

– 5 014 648,63

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GB

Rural Development EAFRD Investment - private beneficiaries

2014

Deficiencies in verification of Reasonableness of costs (M123, M312) and in in-situ visits (M121, transitional measures)

FLAT RATE

5,00 %

EUR

– 325 626,46

0,00

– 325 626,46

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2015

Deficiencies in verification of Reasonableness of costs (M123, M312) and in in-situ visits (M121, transitional measures)

FLAT RATE

5,00 %

EUR

– 248 414,98

0,00

– 248 414,98

 

Rural Development EAFRD (2014-2020) forestry measures

2016

Deficiencies in verification of Reasonableness of costs (M123, M312) and in in-situ visits (M121, transitional measures)

FLAT RATE

5,00 %

EUR

– 3 342,25

0,00

– 3 342,25

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2016

Deficiencies in verification of Reasonableness of costs (M123, M312) and in in-situ visits (M121, transitional measures)

FLAT RATE

5,00 %

EUR

– 17 320,23

0,00

– 17 320,23

 

Rural Development EAFRD Leader

2015

EAFRD non-IACS: sample reviewed in the substantive testing (one-off financial correction)-RD programme 2007-2013

ONE OFF

 

EUR

– 63 131,31

0,00

– 63 131,31

 

 

 

 

 

Total GB:

EUR

– 657 835,23

0,00

– 657 835,23

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

GR

Certification

2015

EAFRD Non IACS - sample reviewed in the substantive testing (one-off financial correction)

ONE OFF

 

EUR

– 99 353,26

– 673,55

– 98 679,71

 

 

 

 

 

Total GR:

EUR

– 99 353,26

– 673,55

– 98 679,71

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

HU

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2011

Deficiencies in key control related to management and control of M142 - duration of support.

ESTIMATED BY AMOUNT

 

EUR

– 3 102 022,70

0,00

– 3 102 022,70

 

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2012

Deficiencies in key control related to management and control of M142 - duration of support.

ESTIMATED BY AMOUNT

 

EUR

– 10 804 018,11

0,00

– 10 804 018,11

 

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2013

Deficiencies in key control related to management and control of M142 - duration of support.

ESTIMATED BY AMOUNT

 

EUR

– 5 087 630,41

0,00

– 5 087 630,41

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2015

Deficiencies in key control related to management and control of M142 - duration of support.

ESTIMATED BY AMOUNT

 

EUR

– 2 330 804,65

0,00

– 2 330 804,65

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2016

Deficiencies in key control related to management and control of M142 - duration of support.

ESTIMATED BY AMOUNT

 

EUR

– 841 528,08

0,00

– 841 528,08

 

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2011

Deficiencies in key control related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 224 850,19

– 155 101,14

– 69 749,05

 

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2012

Deficiencies in key control related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 695 297,84

– 540 200,91

– 155 096,93

 

Rural Development EAFRD Axis 1 - Measures with flat rate support (2007-2013)

2013

Deficiencies in key control related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 286 488,68

– 254 381,52

– 32 107,16

 

Rural Development EAFRD Axis 1 - Measures with flat rate support

2014

Deficiencies in key controls related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 382 937,22

– 295 655,73

– 87 281,49

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2015

Deficiencies in key controls related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 156 267,78

– 116 540,23

– 39 727,55

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2016

Deficiencies in key controls related to management and control of M142 - eligibility criteria

FLAT RATE

5,00 %

EUR

– 48 652,30

– 42 076,40

– 6 575,90

 

Rural Development EAFRD Axis 1 - Measures with flat rate support

2014

deficiency in key control - duration of support

ESTIMATED BY AMOUNT

 

EUR

– 5 913 114,58

0,00

– 5 913 114,58

 

 

 

 

 

Total HU:

EUR

– 29 873 612,54

– 1 403 955,93

– 28 469 656,61

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

IT

Accreditation Paying Agency

2014

Absence of reperformance controls by Agea on EAFRD IACS

FLAT RATE

2,00 %

EUR

– 1 359 927,42

0,00

– 1 359 927,42

 

Accreditation Paying Agency

2015

Absence of reperformance controls by Agea on EAFRD IACS

FLAT RATE

2,00 %

EUR

– 5 767 406,83

0,00

– 5 767 406,83

 

Accreditation Paying Agency

2016

Absence of reperformance controls by Agea on EAFRD IACS

FLAT RATE

2,00 %

EUR

– 3 720 952,06

0,00

– 3 720 952,06

 

Accreditation Paying Agency

2007

Debt Management: paper files prior to FY2010 not recorded in the system for EAFRD

ONE OFF

 

EUR

– 218 915,60

0,00

– 218 915,60

 

Accreditation Paying Agency

2008

Debt Management: paper files prior to FY2010 not recorded in the system for EAFRD

ONE OFF

 

EUR

– 826 684,32

0,00

– 826 684,32

 

Accreditation Paying Agency

2009

Debt Management: paper files prior to FY2010 not recorded in the system for EAFRD

ONE OFF

 

EUR

– 589 631,90

0,00

– 589 631,90

 

Accreditation Paying Agency

2010

Debt Management: paper files prior to FY2010 not recorded in the system for EAFRD

ONE OFF

 

EUR

– 971 562,29

0,00

– 971 562,29

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2015

Ineligible amounts (fraud) paid to beneficiary L.O. and other projects under M121 approved by the same inspector

ONE OFF

 

EUR

– 1 071 801,22

0,00

– 1 071 801,22

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2015

Ineligible amounts (fraud) paid to beneficiary L.O. under M112

ONE OFF

 

EUR

– 21 000,00

0,00

– 21 000,00

 

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2011

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 91 005,25

– 91 005,25

0,00

 

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2012

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 30 627,55

– 30 627,55

0,00

 

Rural Development EAFRD Axis 1+3 - Investment orientated measures (2007-2013)

2013

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 236 521,00

– 236 521,00

0,00

 

Rural Development EAFRD Investment - private beneficiaries

2014

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 21 659,14

0,00

– 21 659,14

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2015

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 514 365,17

0,00

– 514 365,17

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2016

Ineligible amounts paid for projects under M121

FLAT RATE

2,52 %

EUR

– 514 416,77

0,00

– 514 416,77

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2016

Ineligible amounts paid for transitional expenditure (follow up: projects under M121)

FLAT RATE

2,52 %

EUR

– 107 498,30

0,00

– 107 498,30

 

Rural Development EAFRD (2014-2020) Investment - private beneficiaries

2017

Ineligible amounts paid for transitional expenditure (follow up: projects under M121)

FLAT RATE

2,52 %

EUR

– 164 372,47

0,00

– 164 372,47

 

 

 

 

 

Total IT:

EUR

– 16 228 347,29

– 358 153,80

– 15 870 193,49

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

RO

Rural Development EAFRD Axis 2 (2007-2013, non area related measures)

2014

Incorrect payment rates - FY2014 - sub-measure 3a

ONE OFF

 

EUR

– 818 013,62

– 15 198,83

– 802 814,79

 

Rural Development EAFRD Axis 2 (2007-2013, non area related measures)

2014

Incorrect payment rates - FY2014 - sub-measure 3b

ONE OFF

 

EUR

– 4 576 407,63

0,00

– 4 576 407,63

 

Rural Development EAFRD Axis 2 (2007-2013, non area related measures)

2014

Incorrect payment rates - FY2014 - sub-measure 4b

ONE OFF

 

EUR

– 9 560 314,82

– 177 632,27

– 9 382 682,55

 

Rural Development EAFRD Axis 2 (2007-2013, non area related measures)

2014

Incorrect payment rates - FY2014 - sub-measure 5a

ONE OFF

 

EUR

– 1 727 302,80

– 32 093,58

– 1 695 209,22

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Incorrect payment rates - FY2015 - sub-measure 1a

ESTIMATED BY AMOUNT

 

EUR

– 5 533 253,66

0,00

– 5 533 253,66

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Incorrect payment rates - FY2015 - sub-measure 3a

ONE OFF

 

EUR

– 1 588 178,57

0,00

– 1 588 178,57

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Incorrect payment rates - FY2015 - sub-measure 3b

ONE OFF

 

EUR

– 4 489 089,72

0,00

– 4 489 089,72

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Incorrect payment rates - FY2015 - sub-measure 4b

ONE OFF

 

EUR

– 10 657 012,37

0,00

– 10 657 012,37

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Incorrect payment rates - FY2015 - sub-measure 5a

ONE OFF

 

EUR

– 2 969 317,38

0,00

– 2 969 317,38

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Incorrect payment rates - FY2016 - sub-measure 1a

ESTIMATED BY AMOUNT

 

EUR

– 7 651 592,95

0,00

– 7 651 592,95

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Incorrect payment rates - FY2016 - sub-measure 3a

ONE OFF

 

EUR

7 970,40

0,00

7 970,40

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Incorrect payment rates - FY2016 - sub-measure 3b

ONE OFF

 

EUR

– 1 497,68

0,00

– 1 497,68

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Incorrect payment rates - FY2016 - sub-measure 4b

ONE OFF

 

EUR

– 8 689 604,28

0,00

– 8 689 604,28

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Incorrect payment rates - FY2016 - sub-measure 5a

ONE OFF

 

EUR

– 463 232,49

0,00

– 463 232,49

 

Certification

2014

Known error in EAFRD IACS

ONE OFF

 

EUR

– 60 838,46

– 304,19

– 60 534,27

 

Certification

2014

MLE EAFRD NON-IACS

ESTIMATED BY AMOUNT

 

EUR

– 13 424 095,76

– 722 370,47

– 12 701 725,29

 

Certification

2014

MLE EARDF IACS

ESTIMATED BY AMOUNT

 

EUR

– 5 447 940,85

– 7 258,11

– 5 440 682,74

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2015

weakness in a key control

ONE OFF

 

EUR

– 100 833,00

0,00

– 100 833,00

 

Rural Development EAFRD (2014-2020) Measures with flat-rate support

2016

weakness in a key control

ONE OFF

 

EUR

– 64 467,00

0,00

– 64 467,00

 

 

 

 

 

Total RO:

EUR

– 77 815 022,64

– 954 857,45

– 76 860 165,19


Currency

Amount

Deductions

Financial Impact

EUR

– 150 587 585,19

– 13 093 586,59

– 137 493 998,60

Budget Item: 05040501

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

FR

Rural Development EAFRD Axis 2 (2007-2013, area related measures)

2011

Reimbursement following judgment in case T-518/15 (audit RD2/2012/005/FR)

FLAT RATE

10,00 %

EUR

9 284 320,89

18 568,64

9 265 752,25

 

Rural Development EAFRD Axis 2 (2007-2013, area related measures)

2012

Reimbursement following judgment in case T-518/15 (audit RD2/2012/005/FR)

FLAT RATE

10,00 %

EUR

17 853 829,20

35 707,65

17 818 121,55

 

Rural Development EAFRD Axis 2 (2007-2013, area related measures)

2013

Reimbursement following judgment in case T-518/15 (audit RD2/2012/005/FR)

FLAT RATE

10,00 %

EUR

20 063 817,86

40 127,63

20 023 690,23

 

 

 

 

 

Total FR:

EUR

47 201 967,95

94 403,92

47 107 564,03

Member State

Measure

FY

Reason

Type

Correction %

Currency

Amount

Deductions

Financial Impact

RO

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Financial effect of Commission Decision C(2016)3342 which reduced the interim payments related to the expenditure made in the period between 16 October 2015 and 31 December 2015

ONE OFF

 

EUR

 

– 8 584 818,55

8 584 818,55

 

Rural Development EAFRD (2014-2020) measures subject to IACS

2015

Financial effect of Commission Decision C(2016)3342 which reduced the interim payments related to the expenditure made in the period between 1 July 2015 and 15 October 2015

ONE OFF

 

EUR

 

– 2 740 099,09

2 740 099,09

 

 

 

 

 

Total RO:

EUR

 

– 11 324 917,64

11 324 917,64


Currency

Amount

Deductions

Financial Impact

EUR

47 201 967,95

– 11 230 513,72

58 432 481,67

Budget Item: 05046001

RO

Rural Development EAFRD (2014-2020) measures subject to IACS

2016

Financial effect of Commission Decision C(2017)6061 which suspended the interim payments related to the expenditure made in the period between 1 July 2016 and 15 October 2016

ONE OFF

 

EUR

 

– 5 775 525,93

5 775 525,93

 

 

 

 

 

Total RO:

EUR

 

– 5 775 525,93

5 775 525,93


Currency

Amount

Deductions

Financial Impact

EUR

 

– 5 775 525,93

5 775 525,93


15.6.2018   

EN

Official Journal of the European Union

L 152/58


COMMISSION IMPLEMENTING DECISION (EU) 2018/874

of 14 June 2018

determining that a temporary suspension of the preferential customs duty pursuant to Article 15 of Regulation (EU) No 20/2013 of the European Parliament and of the Council is not appropriate for imports of bananas originating in Nicaragua

THE EUROPEAN COMMISSION,

Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 20/2013 of the European Parliament and of the Council of 15 January 2013 implementing the bilateral safeguard clause and the stabilisation mechanism for bananas of the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other (1), and in particular Article 15(2) thereof,

Whereas:

(1)

A stabilisation mechanism for bananas has been introduced by the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America, on the other (2) (‘the Agreement’), which provisionally started applying to the Central American countries during 2013 and to Nicaragua specifically on 1 August 2013.

(2)

According to that stabilisation mechanism, as implemented by Regulation (EU) No 20/2013, once a defined trigger volume is exceeded for imports of fresh bananas (heading 0803 00 19 of the European Union Combined Nomenclature of 1 January 2012) from one of the countries concerned, the Commission may by implementing act, to be adopted in accordance with the urgency procedure laid down in Article 14(4) of Regulation (EU) No 20/2013, either temporarily suspend the preferential customs duty applied to imports of fresh bananas for that country or determine that such suspension is not appropriate.

(3)

On 10 April 2018, imports into the Union of fresh bananas originating in Nicaragua exceeded the threshold of 14 000 tonnes as defined by the Agreement.

(4)

In this context, pursuant to Article 15(3) of Regulation (EU) No 20/2013, the Commission took into consideration the impact of the imports concerned on the situation of the Union market for bananas in order to decide whether or not the preferential customs duty should be suspended. The Commission has examined the effect of the imports concerned on the Union price level, the development of imports from other sources and the overall stability of the Union market for fresh bananas.

(5)

Imports of fresh bananas from Nicaragua represented only 1,2 % of the imports to the Union of fresh bananas subject to the banana stabilisation mechanism when the imports exceeded the threshold for 2018. Furthermore, Nicaragua represents 1,0 % of the total imports of fresh bananas into the Union.

(6)

Imports from large exporting countries with whom the Union also has a Free Trade Agreement, notably Colombia, Ecuador and Costa Rica amounted to 17,8 %, 23,4 % and 22,2 % of their thresholds respectively. The ‘unused’ quantities under the stabilisation mechanism (approximately 4,8 million tonnes) are significantly higher than the total imports from Nicaragua to date (14 787 tonnes).

(7)

The import price from Nicaragua was on average 488 EUR/tonne for the first 2 months of 2018, which is 26 % lower than the average prices of the other imports of fresh bananas into the Union.

(8)

Despite the low price of bananas imported from Nicaragua, the average wholesale banana price on the Union market in March 2018 did not register any downward change and remained high. Indeed, the average wholesale price for bananas (of all origin) amounted to 1 094 EUR/tonne in March 2018, which is 11 % higher than the corresponding price in March 2017 (977 EUR/tonne). Furthermore, the average wholesale price of Union-produced bananas was 1 006 EUR/tonne in March 2018, which is comparable to the level in March 2017 (996 EUR/tonne)

(9)

There is thus at this stage neither an indication that the stability of the Union market has been disturbed by the imports of fresh bananas from Nicaragua in excess of the defined annual trigger import volume, nor that this had any significant impact on the situation of Union producers.

(10)

There is moreover no indication of threat of serious deterioration in the Union market or of serious deterioration in the economic situation of the outermost regions of the Union in April 2018.

(11)

Therefore, the suspension of preferential customs duty on imports of bananas originating in Nicaragua does not appear appropriate at this stage.

(12)

It should be recalled that in 2017, imports from Nicaragua exceeded the threshold on 2 May and that, by the end of that year, they reached a level of 50 000 tonnes. The Commission however concluded in its subsequent analysis that neither these imports nor other imports from countries subject to the stabilisation mechanism caused disturbance on the Union market.

(13)

Given that the yearly trigger volume is exceeded already in April, and even though the total imports from Nicaragua into the Union market are low, the Commission will continue its monitoring in this regard and may adopt measures if appropriate,

HAS ADOPTED THIS DECISION:

Article 1

The temporary suspension of preferential customs duty on imports of fresh bananas classified under heading 0803 00 19 of the European Union Combined Nomenclature and originating in Nicaragua is not appropriate.

Article 2

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

Done at Brussels, 14 June 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 17, 19.1.2013, p. 13.

(2)  OJ L 346, 15.12.2012, p. 1.


Corrigenda

15.6.2018   

EN

Official Journal of the European Union

L 152/60


Corrigendum to Council Implementing Regulation (EU) 2018/705 of 14 May 2018 implementing Regulation (EU) No 269/2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

( Official Journal of the European Union L 118 I of 14 May 2018 )

On page 2, in the Annex, in the column ‘Identifying information’, for entries 162 and 163, the addresses are deleted.


15.6.2018   

EN

Official Journal of the European Union

L 152/60


Corrigendum to Council Decision (CFSP) 2018/706 of 14 May 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

( Official Journal of the European Union L 118 I of 14 May 2018 )

On page 4, Annex, column ‘Identifying information’, in entries 162 and 163, the addresses are deleted.


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