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Document L:2018:231:FULL

Official Journal of the European Union, L 231, 14 September 2018


Display all documents published in this Official Journal
 

ISSN 1977-0677

Official Journal

of the European Union

L 231

European flag  

English edition

Legislation

Volume 61
14 September 2018


Contents

 

II   Non-legislative acts

page

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2018/1230 of 12 September 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

1

 

*

Council Implementing Regulation (EU) 2018/1231 of 13 September 2018 implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

11

 

*

Commission Implementing Regulation (EU) 2018/1232 of 11 September 2018 amending Implementing Regulation (EU) No 1354/2011 as regards Union tariff quotas for sheepmeat and goatmeat originating in Norway and in New Zealand

13

 

*

Commission Regulation (EU) 2018/1233 of 12 September 2018 establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union

16

 

*

Commission Implementing Regulation (EU) 2018/1234 of 12 September 2018 entering a name in the register of protected designations of origin and protected geographical indications Marrone di Serino/Castagna di Serino (PGI)

18

 

*

Commission Implementing Regulation (EU) 2018/1235 of 12 September 2018 entering a name in the register of protected designations of origin and protected geographical indications Αγκινάρα Ιρίων (Agkinara Irion) (PGI)

19

 

*

Commission Implementing Regulation (EU) 2018/1236 of 13 September 2018 terminating the investigation concerning the possible circumvention of the anti-dumping measures imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China by imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not

20

 

 

DECISIONS

 

*

Council Decision (CFSP) 2018/1237 of 12 September 2018 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

27

 

*

Council Implementing Decision (CFSP) 2018/1238 of 13 September 2018 implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

37

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

14.9.2018   

EN

Official Journal of the European Union

L 231/1


COUNCIL IMPLEMENTING REGULATION (EU) 2018/1230

of 12 September 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

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Rgulation (EU) No 269/2014 of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 14(1), (3) and (4) thereof,

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

Whereas:

(1)

On 17 March 2014, the Council adopted Regulation (EU) No 269/2014.

(2)

On the basis of a review by the Council, the information concerning certain persons and entities in Annex I to Regulation (EU) No 269/2014 should be amended.

(3)

Annex I to Regulation (EU) No 269/2014 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) No 269/2014 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 12 September 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 78, 17.3.2014, p. 6.


ANNEX

The entries concerning the persons and entities listed below, as set out in the Annex I to Regulation (EU) No 269/2014, are replaced by the following entries:

 

Persons:

 

Name

Identifying information

Reasons

Date of listing

‘4.

Denis Valentinovich BEREZOVSKIY

(Денис Валентинович БЕРЕЗОВСКИЙ)

Denys Valentynovych BEREZOVSKYY

(Денис Валентинович БЕРЕЗОВСЬКИЙ)

DOB: 15.7.1974

POB: Kharkiv, Ukrainian SSR

Berezovskiy was appointed commander of the Ukrainian Navy on 1 March 2014 but thereafter swore an oath to the Crimean armed forces, thereby breaking his oath to the Ukrainian Navy.

He was Deputy Commander of the Black Sea Fleet of the Russian Federation until October 2015.

Since 2015 he studies at the military academy of the General Staff of Russian armed forces.

17.3.2014

11.

Andrei Aleksandrovich KLISHAS

(Андрей Александрович Клишас)

DOB: 9.11.1972

POB: Sverdlovsk

Chairman of the Committee on Constitutional Law and State Building of the Federation Council of the Russian Federation.

On 1 March 2014 Klishas publicly supported, in the Federation Council, the deployment of Russian forces in Ukraine. In public statements Klishas sought to justify a Russian military intervention in Ukraine by claiming that ‘the Ukrainian President supports the appeal of the Crimean authorities to the President of the Russian Federation on landing an all-encompassing assistance in defence of the citizens of Crimea’.

17.3.2014

14.

Aleksandr Borisovich TOTOONOV

(Александр Борисович Тотоонов)

DOB: 3.4.1957

POB: Ordzhonikidze, North Ossetia

Former Member of the Committee of International Affairs of the Federation Council of the Russian Federation. His duties as a Member of the Council of the Russian Federation ended in September 2017.

Since September 2017 he is the First Deputy Chair of the Parliament of North Ossetia.

On 1 March 2014 Totoonov publicly supported, in the Federation Council, the deployment of Russian forces in Ukraine.

17.3.2014

17.

Sergei Vladimirovich ZHELEZNYAK

(Сергей Владимирович ЖЕЛЕЗНЯК)

DOB: 30.7.1970

POB: St. Petersburg (former Leningrad)

Former Deputy Speaker of the State Duma of the Russian Federation.

Actively supported the use of Russian Armed Forces in Ukraine and the annexation of Crimea. He led personally the demonstration in support of the use of Russian Armed Forces in Ukraine.

Former Deputy Chairperson and currently a member of the Foreign Affairs Committee of the State Duma of the Russian Federation.

17.3.2014

22.

Dmitry Olegovich ROGOZIN

(Дмитрий Олегович Рогозин)

DOB: 21.12.1963

POB: Moscow

Former Deputy Prime Minister of the Russian Federation. Publicly called for the annexation of Crimea.

21.3.2014

28.

Valery Vladimirovich KULIKOV

(Валерий Владимирович Куликов)

DOB: 1.9.1956

POB: Zaporozhye (Ukrainian SSR)

Former Deputy-Commander of the Black Sea Fleet, Rear Admiral.

Responsible for commanding Russian forces that have occupied Ukrainian sovereign territory.

On 26 September 2017, with a Decree of the President of Russian Federation, he was dismissed from this post and from military service.

Since September 2017, he is a member of the Federation Council of Russian Federation, representing the annexed City of Sevastopol.

21.3.2014

30.

Mikhail Grigorievich MALYSHEV

(Михаил Григорьевич МАЛЫШЕВ)

Mykhaylo Hryhorovych MALYSHEV

(Михайло Григорович МАЛИШЕВ)

DOB: 10.10.1955

POB: Simferopol, Crimea

Chair of the Crimea Electoral Commission. Responsible for administering the Crimean ‘referendum’. Responsible under the Russian system for signing referendum results.

In the capacity of Chair of the Crimea Electoral Commission he participated in the organization of the Russian presidential elections of 18 March 2018 in the illegally annexed Crimea and Sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of Ukraine.

21.3.2014

32.

Lt. Gen. Igor Nikolaevich (Mykolayovich) TURCHENYUK

(Игорь Николаевич Турченюк)

DOB: 5.12.1959

POB: Osh, Kyrgyz SSR

Former de facto Commander of Russian troops deployed on the ground in the illegally annexed Crimea (whom Russia continues to refer to officially as ‘local self-defence militias’). Former Deputy Commander of the Southern Military District. Currently he is the Head of Department of Public Administration and National Security at the Military Academy of the Russian General Staff.

21.3.2014

47.

Sergey Gennadevich TSYPLAKOV (Сергей Геннадьевич ЦЫПЛАКОВ)

Serhiy Hennadiyovych TSYPLAKOV (Сергiй Геннадiйович ЦИПЛАКОВ)

DOB: 1.5.1983

POB: Khartsyzsk, Donetsk region

One of the leaders of the ideologically radical organisation ‘People's Militia of Donbas’. He took active part in the seizure of a number of State buildings in the Donetsk region.

Member of the ‘People's Council of the Donetsk People's Republic’, former Chair and current member of the ‘People's Council Committee on Information Policy and Information Technology’.

29.4.2014

56.

Igor Evgenevich KAKIDZYANOV

(Игорь Евгеньевич КАКИДЗЯНОВ),

Igor Evegenevich KHAKIMZYANOV

(Игорь Евгеньевич ХАКИМЗЯНОВ)

Ihor Yevhenovych KHAKIMZIANOV (KAKIDZIANOV)

(Iгор Євгенович ХАКIМЗЯНОВ (КАКIДЗЯНОВ))

DOB: 25.7.1980

POB: Makiivka (Donetsk oblast)

One of the former leaders of armed forces of the self-proclaimed ‘Donetsk People's Republic’. The aim of the forces is to ‘protect the people of the Donetsk People's Republic and territorial integrity of the republic’ according to Pushylin, one of the leaders of the ‘Donetsk People's Republic’.

Remains active in supporting separatist actions or policies.

12.5.2014

60.

Natalia Vladimirovna POKLONSKAYA

(Наталья Владимировна ПОКЛОНСКАЯ)

DOB: 18.3.1980

POB: Mikhailovka, Voroshilovgrad region, Ukrainian SSR or Yevpatoria, Ukrainian SSR

Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.

Former Prosecutor of the so-called ‘Republic of Crimea’. Actively implemented Russia's annexation of Crimea.

Currently Deputy Chairperson of the Committee for Security and countering corruption of the State Duma of the Russian Federation.

12.5.2014

71.

Nikolay Ivanovich KOZITSYN

(Николай Иванович Козицын)

DOB: 20.6.1956 or 6.10.1956

POB: Djerzjinsk, Donetsk region

Commander of Cossack forces.

Responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.

Remains active in supporting separatist actions or policies.

12.7.2014

78.

Sergei Orestovich BESEDA

(Сергей Орестович Беседа)

DOB: 17.5.1954

Commander of the Fifth Service of the FSB, Federal Security Service of the Russian Federation.

As a senior FSB officer (Colonel-General), he heads a service responsible for overseeing intelligence operations and international activity.

25.7.2014

79.

Mikhail Vladimirovich DEGTYARYOV/DEGTYAREV

(Михаил Владимирович ДЕГТЯРËВ)

DOB 10.7.1981

POB: Kuibyshev (Samara)

Member of the State Duma.

As a member of the Duma he announced the inauguration of the ‘de facto embassy’ of the unrecognised, so-called ‘Donetsk People's Republic’ in Moscow, he contributes to undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Currently Chairman of the Russian State Duma Committee on Physical Education, Sport and Youth Affairs.

25.7.2014

81.

Alexander Nikolayevich TKACHYOV (Александр Николаевич Ткачëв)

DOB: 23.12.1960

POB: Vyselki, Krasnodar region

Former Governor of the Krasnodar Krai.

He was awarded the medal ‘for the liberation of Crimea’ by the Acting head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. On that occasion, the Acting Head of the Autonomous Republic of Crimea said that Tkachyov was one of the first to express his support to the new ‘leadership’ of Crimea.

Former Minister of Agriculture of the Russian Federation.

25.7.2014

89.

Oksana TCHIGRINA,

Oksana Aleksandrovna CHIGRINA (CHYHRYNA)

(Оксана Александровна ЧИГРИНА)

DOB: possibly 23.7.1981

Former spokesperson of the so-called ‘government’ of the so-called ‘Lugansk People's Republic’ who made declarations justifying, inter alia, the shooting down of a Ukrainian military airplane, the taking of hostages, fighting activities by the illegal armed groups, which have as a consequence undermined the territorial integrity, sovereignty and unity of Ukraine.

Former spokesperson of the Press Service of LNR.

30.7.2014

102.

Andrei Nikolaevich RODKIN (Андрей Николаевич Родкин)

DOB: 23.9.1976

POB: Moscow

Former Moscow Representative of the so-called ‘Donetsk People's Republic’. In his statements he has, inter alia, talked about the militias' readiness to conduct a guerrilla war and their seizure of weapon systems from the Ukrainian armed forces. He has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

One of the former leaders of the ‘Union of Donbas Volunteers’.

12.9.2014

117.

Aleksey Vasilevich NAUMETS

(Алексей Васильевич Haумец)

DOB: 11.2.1968

Major-general of the Russian Army. Former commander of the 76th airborne division which has been involved in the Russian military presence on the territory of Ukraine, notably during the illegal annexation of Crimea. Since 2018 Deputy Chief of Staff of the Airborne Forces.

12.9.2014

120.

Sergey Yurievich KOZYAKOV

(Сергей Юрьевич КОЗЬЯКОВ)

Serhiy Yuriyovych KOZYAKOV

(Сергiй Юрiйович КОЗЬЯКОВ)

DOB: 29.9.1982 or 23.9.1982

In his former capacity as so-called ‘Head of the Luhansk Central Election Commission’ he was responsible for organising the so-called ‘elections’ of 2 November 2014 in the ‘Luhansk People's Republic’. These ‘elections’ were in breach of Ukrainian law and therefore illegal. Between October 2015 and December 2017 so-called ‘Minister of Justice’ of the ‘Luhansk People's Republic’.

In taking on and acting in these capacities, and in organising the illegal ‘elections’, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

29.11.2014

138.

Alexandr Vasilievich SHUBIN

(Александр Васильевич ШУБИН)

DOB: 20.5.1972 or 30.5.1972

POB: Luhansk

Former so-called ‘Minister of Justice’, of the illegal so-called ‘Luhansk People's Republic’. Chairman of the ‘Central Election Commission’ of the so-called ‘Luhansk People's Republic’ since October 2015.

In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

141.

Ekaterina Vladimirovna FILIPPOVA (Екатерина Владимировна ФИЛИППОВА)

Kateryna Volodymyrivna FILIPPOVA

(Катерина Володимирiвна ФIЛIППОВА

DOB: 20.1.1988

POB: Krasnoarmëisk

Former so-called ‘Minister of Justice’ of the so-called ‘Donetsk People's Republic’.

In taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

146.

Zaur Raufovich ISMAILOV

(Заур Рауфович ИСМАИЛОВ)

Zaur Raufovych ISMAYILOV

(Заур Рауфович IСМАЇЛОВ)

DOB: 25.7.1978 (or 23.3.1975)

POB: Krasny Luch, Voroshilovgrad, Lugansk region

Former so-called ‘General Prosecutor’ of the so-called ‘Lugansk People's Republic’ (until October 2017). Currently acting so-called ‘Minister of Justice’ of the so-called ‘Lugansk People's Republic’.

In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

164.

Aleksandr Yurevich PETUKHOV/

Aleksandr Yurievich PETUKHOV

(Александр Юрьевич ПЕТУХОВ)

Oleksandr Yuriyovych PIETUKHOV

(Олександр Юрійович ПЄТУХОВ)

DOB: 17.7.1970

Former Chair of the Sevastopol Electoral Commission. In this capacity he participated in the organisation of the Russian presidential elections of 18 March 2018 in the illegally annexed Crimea and Sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of Ukraine.

14.5.2018’

 

Entities:

 

Name

Identifying information

Reasons

Date of listing

‘3.

So-called ‘Lugansk People's Republic’

‘Луганская народная республика’

‘Luganskaya narodnaya respublika’

Official information:

https://glava-lnr.info/

https://sovminlnr.ru/

https://nslnr.su/

The so-called ‘Lugansk People's Republic’ was established on 27 April 2014.

Responsible for organising the illegal referendum on 11 May 2014. Declaration of independence on 12 May 2014.

On 22 May 2014, the so-called ‘People's Republics’ of Donetsk and Lugansk created the so-called ‘Federal State of Novorossiya’.

This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

It is also involved in the recruitment to the separatist ‘Army of Southeast’ and other illegal armed separatist groups, thus undermining the stability or security of Ukraine.

25.7.2014

4.

So called ‘Donetsk People's Republic’

‘Донецкая народная республика’

‘Donétskaya naródnaya respúblika’

Official information:

https://dnr-online.ru/

http://av-zakharchenko.su/

http://smdnr.ru/

https://dnrsovet.su/

The so called ‘Donetsk People's Republic’ was declared on 7 April 2014.

Responsible for organizing the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.

On 24 May 2014, the so called ‘People's Republics’ of Donetsk and Lugansk signed an agreement on the creation of the so called ‘Federal State of Novorossiya’.

This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

It is also involved in the recruitment to illegal armed separatist groups, thus threatening the stability or security of Ukraine.

25.7.2014

6.

International Union of Public Associations ‘Great Don Army’

Международный Союз Общественных Объединений ‘Всевеликое Войско Донское’

Official information:

http://xn--80aaaajfjszd7a3b0e.xn--p1ai/

Phone number:

+7-8-908-178-65-57

Social media: Cossack National Guard http://vk.com/kazak_nac_guard

Address: 346465 Russia, Rostov Region, October District, St Zaplavskaya, Str Shosseynaya 1

Second address: Voroshilovskiy Prospekt 12/85-87/13, Rostov-on-Don

The ‘Great Don army’ established the ‘Cossack National Guard’, responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus undermining the territorial integrity, sovereignty and independence of Ukraine as well as threatening the stability or security of Ukraine.

Associated with Mr Nikolay Kozitsyn, who is Commander of Cossack forces and responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.

25.7.2014

7.

‘Sobol’

‘Соболь’

Official information:

http://soboli.net

Social media:

http://vk.com/sobolipress

Phone number:

(0652) 60-23-93

Email: SoboliPress@gmail.com

Address: Crimea, Simferopol, str. Kiev, 4 (area bus station ‘Central’).

Radical paramilitary organisation, responsible for openly supporting using force to end Ukraine's control over Crimea, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

Responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

25.7.2014

8.

So called ‘Lugansk Guard’

‘Луганская гвардия’

Social media and other information:

https://vk.com/luguard

http://vk.com/club68692201

https://vk.com/luguardnews

Self-defence militia of Lugansk, responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

Associated with Mr German PROPOKIV, active leader who is responsible for taking part in the seizure of the building of the Lugansk regional office of the Ukrainian Security Service and recorded a video address to President Putin and Russia from the occupied building.

25.7.2014

9.

So called ‘Army of the Southeast’

‘Армии Юго-Востока’

http://lugansk-online.info/statements

Social media:

http://vk.com/lugansksbu

Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.

Responsible for occupying the building of the Security Service in the Lugansk region.

Associated with Mr Valeriy BOLOTOV, who was listed as one of the leaders of the group.

Associated with Mr Vasyl NIKITIN, responsible for the separatist ‘governmental’ activities of the so called ‘government of the People's Republic of Luhansk’.

25.7.2014

10.

So-called ‘Donbas People's Militia’‘Нарoдное oпoлчéние Дoнбáсса’

Social media:

http://vk.com/polkdonbassa

+ 38-099-445-63-78;

+ 38-063-688-60-01;

+ 38-067-145-14-99;

+ 38-094-912-96-60;

+ 38-062-213-26-60

Email: voenkom.dnr@mail.ru

mobilisation@novorossia.co

polkdonbassa@mail.ru

Telephone volunteers in Russia:

+ 7 (926) 428-99-51

+ 7 (967) 171-27-09

or email novoross24@mail.ru

Address: Donetsk. Prospect Zasyadko.13

Illegal armed separatist group responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine. inter alia, the militant group seized control of several government buildings in Eastern Ukraine in early April 2014, thus undermining the territorial integrity, sovereignty and independence of Ukraine. It is associated with Mr Pavel Gubarev, who is responsible for the taking over of the regional government building in Donetsk with pro-Russian forces and proclaiming himself the ‘people's governor’.

25.7.2014

11.

‘Vostok battalion’

‘Батальон Восток’

Social media:

http://vk.com/patriotic_forces_of_donbas

http://patriot-donetsk.ru/

info.patriot.donbassa@gmail.com

Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine. Responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

Actively participated in the military operations resulting in the seizure of Donetsk Airport.

Part of the so-called ‘1st Army Corps’ of the Armed Forces of ‘Donetsk People's Republic’.

25.7.2014

16.

Federal State Budgetary Enterprise ‘Sanatorium Nizhnyaya Oreanda’ of the Administration of the President of the Russian Federation (formerly known as Resort ‘Nizhnyaya Oreanda’ Санаторий ‘Нижняя Ореанда’)

Resort ‘Nizhnyaya Oreanda’, 298658,, Yalta, Oreanda

(298658, г.Ялта, пгт. Ореанда, Санаторий ‘Нижняя Ореанда’)

The ownership of the entity was transferred contrary to the Ukrainian law. On 21 March 2014 the ‘Presidium of the Parliament of Crimea’ adopted a decision ‘On the questions of creation of the Association of sanatoria and resorts’ No 1767-6/14 declaring the appropriation of assets belonging to the resort ‘Nizhnyaya Oreanda’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’. Re-registered on 9 October 2014 as Federal State Budgetary Enterprise ‘Sanatorium Nizhnyaya Oreanda’ of the Administration of the President of the Russian Federation (ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ УЧРЕЖДЕНИЕ ‘САНАТОРИЙ “НИЖНЯЯ ОРЕАНДА” УПРАВЛЕНИЯ ДЕЛАМИ ПРЕЗИДЕНТА РОССИЙСКОЙ ФЕДЕРАЦИИ’). Founder: The Administration of the President of the Russian Federation (УПРАВЛЕНИЯ ДЕЛАМИ ПРЕЗИДЕНТА РОССИЙСКОЙ ФЕДЕРАЦИИ).

25.7.2014

17.

Crimean Republican Enterprise ‘Azov distillery plant’

Крымское республиканское предприятие ‘Азовский ликёро-водочннй завод’

Azovsky likerovodochny zavod

40 Zeleznodorozhnaya str.,

296178 Azovskoye, Jankoysky district

(Джанкойский район, 296178

пгт. Азовское, ул. Железнодорожная, 40)

code: 01271681

The ownership of the entity was transferred contrary to Ukrainian law. On 9 April 2014, the ‘Presidium of the Parliament of Crimea’ adopted a decision No 1991-6/14 ‘On the amendments to the Resolution of the State Council of the “Republic of Crimea”’ of 26 March 2014 No 1836-6/14 ‘On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the “Republic of Crimea”’ declaring the appropriation of assets belonging to the ‘Azovsky likerovodochny zavod’ on behalf of the ‘Republic of Crimea’. The enterprise is thus effectively confiscated by the Crimean ‘authorities’.

Ongoing bankruptcy proceedings.

25.7.2014

21.

JOINT-STOCK COMPANY ALMAZ-ANTEY AIR AND SPACE DEFENCE CORPORATION

Акционерное общество ‘Концерн воздушно-космической обороны “Алмаз — Антей”’

(a.k.a. CONCERN ALMAZ-ANTEY; ALMAZ-ANTEY CORP; a.k.a. ALMAZ-ANTEY DEFENSE CORPORATION; a.k.a. ALMAZ-ANTEY JSC; Концерн ВКО ‘Алмаз — Антей’;)

41 ul.Vereiskaya street, Moscow 121471, Russian Federation;

Website: almaz-antey.ru;

Email Address antey@almaz-antey.ru

Almaz-Antey is a Russian State-owned company. It manufactures anti-aircraft weaponry including surface-to-air missiles which it supplies to the Russian army. The Russian authorities have been providing heavy weaponry to separatists in Eastern Ukraine, contributing to the destabilisation of Ukraine. These weapons are used by the separatists, including for shooting down airplanes. As a State-owned company, Almaz-Antey therefore contributes to the destabilisation of Ukraine.

30.7.2014

24.

Donetsk Republic

(Public organisation)

Донецкая республика

Official information:

http://oddr.info/

Public ‘organisation’ that presented candidates in the so called ‘elections’ of the so called ‘Donetsk People's Republic’ on 2 November 2014. These ‘elections’ are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal ‘elections’ it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine. Headed by Alexander ZAKHARCHENKO and founded by Andriy PURGIN.

29.11.2014

25.

Peace to Luhansk Region (Mir Luganschine) Мир Луганщине

https://mir-lug.info/

Public ‘organisation’ that presented candidates in the so-called ‘elections’ of the so-called ‘Luhansk People's Republic’2 November 2014. These ‘elections’ are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal ‘elections’ it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine.

29.11.2014

28.

Luhansk Economic Union (Luganskiy Ekonomicheskiy Soyuz)

Луганский экономический союз

Official information:

https://nslnr.su/about/obshchestvennye-organizatsii/337/

‘Social organisation’ that presented candidates in the illegal so called ‘elections’ of the so called ‘Luhansk People's Republic’2 November 2014. Nominated a candidate, Oleg AKIMOV, to be ‘Head’ of the so called ‘Luhansk People's Republic’. These ‘elections’ are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal ‘elections’ it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine.

29.11.2014

30.

Sparta battalion

Батальон ‘Спарта’

 

Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and further destabilise Ukraine.

Part of the so-called ‘1st Army Corps’ of the ‘Donetsk People's Republic’. Referred to as the military unit 08806. In November 2017, the unit was named in honour of the assassinated separatist military commander Arsen Pavlov (aka Motorola).

16.2.2015

33.

Prizrak brigade

Бригада ‘Призрак’

mail@prizrak.info

Тel: 8985 130 9920

Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and further destabilise Ukraine.

Part of the so-called ‘2nd Army Corps’ of the ‘Lugansk People's Republic’.

Also referred to as the 14th Motorized Rifle Battalion.

16.2.2015’


14.9.2018   

EN

Official Journal of the European Union

L 231/11


COUNCIL IMPLEMENTING REGULATION (EU) 2018/1231

of 13 September 2018

implementing Regulation (EU) 2017/1509 concerning restrictive measures against the Democratic People's Republic of Korea

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) 2017/1509 of 30 August 2017 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Regulation (EC) No 329/2007 (1), and in particular Article 47(5) thereof,

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

Whereas:

(1)

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

(2)

On 8 August 2018, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) amended the listing of one entity subject to restrictive measures.

(3)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex XIII to Regulation (EU) 2017/1509 is hereby amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 13 September 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 224, 31.8.2017, p. 1.


ANNEX

In Annex XIII to Regulation (EU) 2017/1509, entry 71 under the heading ‘(b) Legal persons, entities and bodies’ is replaced by the following:

 

Name

Alias

Location

Date of UN designation

Other information

‘71.

PRO-GAIN GROUP CORPORATION

 

 

30.3.2018

Company owned or controlled by Tsang Yung Yuan and involved in illicit transfers of DPRK coal.’.


14.9.2018   

EN

Official Journal of the European Union

L 231/13


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1232

of 11 September 2018

amending Implementing Regulation (EU) No 1354/2011 as regards Union tariff quotas for sheepmeat and goatmeat originating in Norway and in New Zealand

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (1), and in particular points (a) and (b) of Article 187 thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) No 1354/2011 (2) provides for the opening of annual Union import tariff quotas for sheep, goats, sheepmeat and goatmeat, including those originating in Norway and in New Zealand.

(2)

Article 4 of Implementing Regulation (EU) No 1354/2011 provides that the tariff quotas opened by that Regulation are to be managed in accordance with Articles 49 to 54 of Commission Implementing Regulation (EU) 2015/2447 (3).

(3)

Council Regulation (EC) No 992/95 (4) provides for the opening of annual Union import tariff quotas for certain agricultural and fishery products originating in Norway. Article 3 of that Regulation provides that the tariff quotas opened by that Regulation are to be managed in accordance with Articles 49 to 54 of Implementing Regulation (EU) 2015/2447.

(4)

The European Union and Norway have concluded an agreement in the form of an exchange of Letters concerning additional trade preferences in agricultural products (‘the Agreement with Norway’). The Agreement with Norway was approved on behalf of the Union by Council Decision (EU) 2018/760 (5).

(5)

The Agreement with Norway is to enter into force on the first day of the third month following the date of the deposit of the last instrument of approval. The last deposit took place on 16 July 2018. The Agreement with Norway is therefore to enter into force on 1 October 2018. Annex IV to the Agreement with Norway provides for the consolidation of two quotas of products falling within CN codes 0210 and 0204, set out by Regulation (EC) No 992/95 and Implementing Regulation (EU) No 1354/2011 respectively, into a single tariff rate quota.

(6)

In the interest of clarity and legal certainty, this single tariff quota should be opened and managed pursuant to Regulation (EU) No 952/2013 of the European Parliament and of the Council (6). Therefore, the tariff quota of products originating in Norway falling within CN code 0204 should be simultaneously removed from Implementing Regulation (EU) No 1354/2011 based on Regulation (EU) No 1308/2013.

(7)

The new Regulation opening the import of the single tariff quota originating in Norway to be adopted pursuant to Regulation (EU) No 952/2013 will apply from 1 October 2018. Therefore, the corresponding amendment to Implementing Regulation (EU) No 1354/2011 should apply from the same date.

(8)

With the accession of the Republic of Croatia, the customs territory of the Union has been enlarged. Consequently, under World Trade Organisation (WTO) rules, the Union entered into negotiations with WTO members having negotiating rights with the acceding Member State in order to agree on compensatory adjustments.

(9)

An Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (‘the Agreement with New Zealand’) was initialled on 18 May 2017. Council Decision (EU) 2017/1363 (7) authorised its signing, and Council Decision (EU) 2018/1030 (8) concluded the Agreement. The Agreement with New Zealand provides for the addition to the annual tariff quota allocated to New Zealand of a quantity of 135 tonnes (carcass weight equivalent) falling within CN code 0204.

(10)

For the purposes of the appropriate administration of the tariff quota provided by Implementing Regulation (EU) No 1354/2011 the additional quantity should be made available on 1 October 2018.

(11)

It is therefore necessary to amend Implementing Regulation (EU) No 1354/2011 accordingly. The amendments should apply from the date of entry into force of the Agreements with Norway and New Zealand.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Committee for the Common Organisation of the Agricultural Markets,

HAS ADOPTED THIS REGULATION:

Article 1

The Annex to Implementing Regulation (EU) No 1354/2011 is replaced by the text in the Annex to this Regulation.

Article 2

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

It shall apply from 1 October 2018.

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

Done at Brussels, 11 September 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)  OJ L 347, 20.12.2013, p. 671.

(2)  Commission Implementing Regulation (EU) No 1354/2011 of 20 December 2011 opening annual Union tariff quotas for sheep, goats, sheepmeat and goatmeat (OJ L 338, 21.12.2011, p. 36).

(3)  Commission Implementing Regulation (EU) 2015/2447 of 24 November 2015 laying down detailed rules for implementing certain provisions of Regulation (EU) No 952/2013 of the European Parliament and of the Council laying down the Union Customs Code (OJ L 343, 29.12.2015, p. 558).

(4)  Council Regulation (EC) No 992/95 of 10 April 1995 opening and providing for the administration of Community tariff quotas for certain agricultural and fishery products originating in Norway (OJ L 101, 4.5.1995, p. 1).

(5)  Council Decision (EU) 2018/760 of 14 May 2018 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Union and the Kingdom of Norway concerning additional trade preferences in agricultural products (OJ L 129, 25.5.2018, p. 1).

(6)  Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1).

(7)  Council Decision (EU) 2017/1363 of 17 July 2017 on the signing, on behalf of the European Union, of the Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 191, 22.7.2017, p. 1).

(8)  Council Decision (EU) 2018/1030 of 13 July 2018 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Union and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedule of the Republic of Croatia in the course of its accession to the European Union (OJ L 185, 23.7.2018, p. 1).


ANNEX

ANNEX

SHEEPMEAT AND GOATMEAT (IN TONNES (T) OF CARCASS WEIGHT EQUIVALENT) UNION TARIFF QUOTAS

CN codes

Ad valorem” duty

%

Specific duty

EUR/100 kg

Order number under “first-come, first-served”

Origin

Annual volume in tonnes of carcass weight equivalent

Live animals (Coefficient = 0,47)

Boneless lamb (1) (Coefficient = 1,67)

Boneless mutton/sheep (2) (Coefficient = 1,81)

Bone-in and carcasses (Coefficient = 1,00)

 

 

0204

Zero

Zero

09.2101

09.2102

09.2011

Argentina

23 000

09.2105

09.2106

09.2012

Australia

19 186

09.2109

09.2110

09.2013

New Zealand

228 389

09.2111

09.2112

09.2014

Uruguay

5 800

09.2115

09.2116

09.1922

Chile (3)

8 000

09.2125

09.2126

09.0693

Greenland

100

09.2129

09.2130

09.0690

Faeroes

20

09.2131

09.2132

09.0227

Turkey

200

09.2171

09.2175

09.2015

Others (4)

200

09.2178

09.2179

09.2016

Erga omnes  (5)

200

0104 10 30

0104 10 80

0104 20 90

10 %

Zero

09.2181

09.2019

Erga omnes  (5)

92


(1)  And goatmeat of kid.

(2)  And goatmeat other than kid.

(3)  Tariff quota for Chile increases by 200 t per annum.

(4)  “Others” shall refer to all WTO members, excluding Argentina, Australia, New Zealand, Uruguay, Chile, Greenland and Iceland.

(5)  “Erga omnes” shall refer to all origins including the countries mentioned in the current table.


14.9.2018   

EN

Official Journal of the European Union

L 231/16


COMMISSION REGULATION (EU) 2018/1233

of 12 September 2018

establishing a prohibition of fishing for redfish in NAFO 3M area by vessels flying the flag of a Member State of the European Union

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Union control system for ensuring compliance with the rules of the common fisheries policy (1), and in particular Article 36(2) thereof,

Whereas:

(1)

Council Regulation (EU) 2018/120 (2) lays down quotas for 2018.

(2)

According to the information received by the Commission, catches of the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein have exhausted the quota allocated for 2018.

(3)

It is therefore necessary to prohibit fishing activities for that stock,

HAS ADOPTED THIS REGULATION:

Article 1

Quota exhaustion

The fishing quota allocated to the Member State referred to in the Annex to this Regulation for the stock referred to therein for 2018 shall be deemed to be exhausted from the date set out in that Annex.

Article 2

Prohibitions

Fishing activities for the stock referred to in the Annex to this Regulation by vessels flying the flag of or registered in the Member State referred to therein shall be prohibited from the date set out in that Annex. In particular it shall be prohibited to retain on board, relocate, tranship or land fish from that stock caught by those vessels after that date.

Article 3

Entry into force

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, 12 September 2018.

For the Commission,

On behalf of the President,

João AGUIAR MACHADO

Director-General

Directorate-General for Maritime Affairs and Fisheries


(1)  OJ L 343, 22.12.2009, p. 1.

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


ANNEX

No

17/TQ120

Member State

European Union (All Member States)

Stock

RED/N3M.

Species

Redfish (Sebastes spp.)

Zone

NAFO 3M

Closing date

24.8.2018 at 15:00 UTC


14.9.2018   

EN

Official Journal of the European Union

L 231/18


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1234

of 12 September 2018

entering a name in the register of protected designations of origin and protected geographical indications ‘Marrone di Serino’/‘Castagna di Serino’ (PGI)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Italy's application to register the name ‘Marrone di Serino’/‘Castagna di Serino’ was published in the Official Journal of the European Union (2).

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Marrone di Serino’/‘Castagna di Serino’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.6. Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

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

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

Done at Brussels, 12 September 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 75, 28.2.2018, p. 6.

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


14.9.2018   

EN

Official Journal of the European Union

L 231/19


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1235

of 12 September 2018

entering a name in the register of protected designations of origin and protected geographical indications ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, Greece's application to register the name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) was published in the Official Journal of the European Union (2).

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Αγκινάρα Ιρίων’ (Agkinara Irion) (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.6. – Fruit, vegetables and cereals, fresh or processed, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

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

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

Done at Brussels, 12 September 2018.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission


(1)  OJ L 343, 14.12.2012, p. 1.

(2)  OJ C 53, 13.2.2018, p. 7.

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


14.9.2018   

EN

Official Journal of the European Union

L 231/20


COMMISSION IMPLEMENTING REGULATION (EU) 2018/1236

of 13 September 2018

terminating the investigation concerning the possible circumvention of the anti-dumping measures imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China by imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1) (‘the basic Regulation’), and in particular Articles 13 and 14(5) thereof,

Whereas:

1.   PROCEDURE

1.1.   Previous investigations and existing measures

(1)

The Council, following an anti-dumping investigation (‘the original investigation’), imposed a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China (‘PRC’) by Regulation (EC) No 1193/2008 (2). The measures took the form of an ad valorem duty ranging between 6,6 % and 42,7 %.

(2)

By Implementing Regulation (EU) 2015/82 (3) the European Commission (‘the Commission’), following an expiry review and partial interim review (‘previous investigations’) pursuant to Article 11(2) and (3) of the basic Regulation respectively, maintained the definitive measures and amended their level. The definitive anti-dumping duties in force on imports of citric acid originating in the PRC now range between 15,3 % and 42,7 % (‘the measures in force’).

(3)

By Implementing Regulation (EU) 2016/32 (4) the Commission, following an anti-circumvention investigation pursuant to Article 13 of the basic Regulation, extended the anti-dumping duty of 42,7 % imposed on imports of citric acid originating in the PRC to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not.

1.2.   Request

(4)

The Commission received a request pursuant to Articles 13(3) and 14(5) of the basic Regulation to investigate the possible circumvention of the anti-dumping measures imposed on citric acid originating in the PRC by imports consigned from Cambodia, whether declared as originating in Cambodia or not, and to make such imports subject to registration.

(5)

The request was lodged on 30 October 2017 by the European industry manufacturing citric acid.

(6)

The request contained sufficient evidence on a change in the pattern of trade between the Union, the PRC and Cambodia which appeared to stem from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty, namely the transhipment, with or or without minor processing operations, of the product concerned originating in the PRC via Cambodia to the Union.

(7)

Furthermore, the request contained sufficient evidence that the practice described above was undermining the remedial effects of the existing anti-dumping measures both in terms of quantities and prices and that the prices of the product under investigation were dumped in relation to the normal value previously established for the product concerned.

1.3.   Product concerned and product under investigation

(8)

The product concerned by the possible circumvention is citric acid (including trisodium citrate dihydrate (‘citric salt’)), falling within CN codes ex 2918 14 00 (TARIC code 2918140090) and ex 2918 15 00 (TARIC code 2918150019) and originating in the PRC (‘the product concerned’).

(9)

The product under investigation is the same as that defined in the previous recital, but consigned from Cambodia, whether declared as originating in Cambodia or not, currently falling within the same CN codes as the product concerned (‘the product under investigation’).

(10)

The investigation showed that citric acid and citric salt exported from the PRC to the Union and consigned from Cambodia have the same basic physical and chemical characteristics and have the same uses, and are therefore to be considered as like products within the meaning of Article 1(4) of the basic Regulation.

1.4.   Initiation

(11)

Having determined, after having informed the Member States, that sufficient evidence existed for the initiation of an investigation pursuant to Articles 13(3) and 14(5) of the basic Regulation, the Commission decided to investigate the possible circumvention of the anti-dumping measures imposed on imports of product concerned originating in the PRC and to make imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not, subject to registration.

(12)

The investigation was initiated by Commission Implementing Regulation (EU) 2017/2300 on 13 December 2017 (5) (‘the initiating Regulation’).

1.5.   Investigation period and reporting period

(13)

The investigation period covered the period from 1 January 2014 to 30 September 2017 (‘the investigation period’ or ‘IP’). Data were collected for the investigation period to investigate, inter alia, the alleged change in the pattern of trade following the continuation of the measures and the increase of the definitive anti-dumping duties by Implementing Regulation (EU) 2015/82 and the existence of a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the duty. More detailed data were collected for the period from 1 October 2016 to 30 September 2017 (‘the reporting period’ or ‘RP’) in order to examine if imports were undermining the remedial effect of the measures in force in terms of prices and/or quantities and the existence of dumping.

1.6.   Investigation

(14)

The Commission officially informed the authorities of the PRC and Cambodia, the exporting producers and traders in those countries, the importers in the Union known to be concerned and the Union industry of the initiation of the investigation. Questionnaires/Exemption Claim Forms were sent to the producers/exporters in Cambodia and the PRC and to the importers in the Union known to the Commission or which made themselves known within the deadlines specified in recital 16 of the initiating Regulation.

(15)

Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time-limit set in the initiating Regulation.

(16)

Replies to questionnaires/exemption forms were received from one Cambodian exporting producer, Wang Kang Biochemical Co., Ltd (‘WKB’), and five Union importers.

(17)

A verification visit was carried out in March 2018 at the premises of WKB.

(18)

The Commission consulted also several governmental departments and agencies in Cambodia, including the Ministry of Commerce, the Ministry of Finance, the Ministry of Industry and Handicraft, the Custom Authorities and the Council of Development of Cambodia.

2.   RESULTS OF THE INVESTIGATION

2.1.   General considerations

(19)

In accordance with Article 13(1) of the basic Regulation, the following elements should be analysed successively in order to assess possible circumvention:

whether there was a change in the pattern of trade between Cambodia, the PRC and the Union,

if this change stemmed from a practice, process or work for which there was insufficient due cause or economic justification other than the imposition of the anti-dumping measures in force,

if there is evidence of injury or the remedial effects of the anti-dumping measures in force were being undermined in terms of the prices and/or quantities of the product under investigation, and

whether there is evidence of dumping in relation to the normal values previously established for the product concerned.

2.2.   Change in pattern of trade

(20)

Changes in the pattern of trade between Cambodia, the PRC and the Union in the IP are analysed on the basis of the import and export statistics of Cambodia.

(21)

During the consultations with the Cambodian custom authorities, the Commission received the database of all the import and export transactions under Harmonised System (HS) heading 2918 for the IP. The database allowed for identification of the month and year of each given single transaction, description of the Cambodian customs code up to eight digits level, detailed product description, name of the exporter/importer, volume and value of the transaction, country of import/origin/destination.

(22)

Furthermore, during the consultations with the Cambodian Ministry of Commerce and the Ministry of Industry and Handicraft, it was confirmed that the sole cooperating Cambodian exporting producer, WKB, is the only exporter and producer of the product under investigation existing in Cambodia.

(23)

The product concerned was imported into Cambodia, both from China directly and also via Thailand and Vietnam, by the sole exporting producer of the product under investigation in Cambodia, WKB, and by other non-exporting Cambodian companies.

(24)

The imports by other companies, active mainly in the garment and textile industry, were relatively low in volumes and were consumed internally in Cambodia — no export transaction of citric acid or citric salt other than the exports from WKB are noted in the custom records. Therefore, these imports can be excluded from the analysis of the change in the pattern of trade between Cambodia, the PRC and the Union.

(25)

WKB first appeared in the customs statistics of Cambodia as an importer of citric acid in the year 2015. WKB's imports are substantial compared to the rest of Cambodian imports and show an increasing trend in the period from 2015 to the RP.

(26)

WKB also appeared first in export statistics as an exporter of citric salt both to the Union and to third countries in the year 2015.

(27)

Data on Cambodian imports of the product concerned originating in China and exports of the product under investigation from Cambodia to the Union are shown in the tables below. It should be underlined the volumes of exports are much higher than volumes of imports, which is explained below by the production process of WKB.

Table 1

Import volumes (tonnes) from the PRC to Cambodia

 

2014

2015

2016

RP

WKB (*1)

0

2 250

1 200

2 990

Other companies (*2)

398

497

581

533

Imports total

398

2 747

1 781

3 523

Source: Cambodian custom authorities.


Table 2

Export volumes (tonnes) from Cambodia

 

2014

2015

2016

RP

WKB (*3)

0

872

9 174

24 221

Other companies

0

0

0

0

Exports total  (*4)

0

872

9 174

24 221

Source: Cambodian custom authorities.

(28)

The increase in volumes, of both exports from Cambodia to the Union and of exports from the PRC to Cambodia has taken place following the continuation of the measures and the increase of the definitive anti-dumping duties by Implementing Regulation (EU) 2015/82. This constitutes a change in the pattern of trade between the PRC and Cambodia on the one hand, and Cambodia and the Union, on the other hand.

2.3.   Alleged circumvention practice

2.3.1.   Due cause or economic justification other than imposition of the anti-dumping duty

(29)

According to the findings of the investigation, there is due cause or economic justification regarding the start of economic activity and establishment of production by WKB in Cambodia. The fact that a Chinese investor invested in WKB does not alter those findings. Indeed, the main reason for the location of production facilities in Cambodia was a package of incentives offered to the Chinese investor.

(30)

WKB was established in 2014 (production started in 2015). Before establishment of WKB, the Er-Kang Group (mother group of WKB) was not involved in the production of the product concerned in the PRC. The Er-Kang group also does not have any production activity in Malaysia, where the measures were recently extended by Regulation (EU) 2016/32.

(31)

The establishment of WKB was part of a bigger investment project. At the same time, two other companies (a producer of starch and a producer of specialized starch) were established on the same location by the Er-Kang Group.

(32)

The decision to locate production in Cambodia was driven to some extent by the access to raw-materials (cassava) but even more by the package of incentives offered by the Cambodian government. As confirmed during the consultations with the Council of Development of Cambodia and the Cambodian Ministry of Finance, the total Er-Kang Group investment was qualified as a qualified investment project (‘QIP’). QIP, upon fulfilment of certain criteria of investment value and local employment content (thresholds are defined according to the sector of activity) and of export obligations, grants certain privileges with regard to import customs duties and taxes on imported machines and raw materials and to income tax grace period.

2.3.2.   Transhipment allegation

(33)

As indicated in recital (6), the circumvention practice alleged in the request was the transhipment, with or or without minor processing operations, of the product concerned via Cambodia to the Union.

(34)

In order to assess this allegation, the Commission examined the quantities and type of the product concerned imported to Cambodia, whether the production or certain stages of production of the product under investigation take place in Cambodia, details of the production process, and the quantities and types of the product under investigation which is exported to the Union.

(35)

Since the only exporter of the product under investigation, as explained in recital (22), is WKB, the Commission limited its examination to this company.

(36)

The investigation confirmed that WKB has a full and active production line (including fermentation tanks) of the product under investigation located in Cambodia and that the product exported later to the Union is produced there.

(37)

WKB has a production process of citric salt where citric acid is used as one of the raw materials. This citric acid is mainly imported from the PRC but also from Thailand. The decision on the source country being based on price levels. These operations are thus economically rational and do not suggest any intent to circumvent. Indeed, if the sole intention was to circumvent the measures WKB would import only from the PRC and then simply export the product to the Union directly or after small transformations.

(38)

Furthermore, it has to be underlined that only a relatively small amount of citric acid is used in the manufacturing process, compared with the final amount of produced citric salt. Citric acid is added at a late stage of the production process in order to reduce the pH value of the final product.

(39)

Finally, no citric acid imported by WKB, whether of Chinese or Thai origin, is later sold or exported by the company.

(40)

The findings of recitals (37) to (39) were confirmed following an on-spot verification of purchases, stock movements of the raw material in question and its consumption records as well as stocks and sales volumes of the final product, namely citric salt.

(41)

In light of those findings, it is concluded that the allegations of transhipment and circumvention of the measures imposed on imports from the PRC via consignments from Cambodia cannot be confirmed. Citric acid is a raw-material (imported from the PRC or Thailand) which is used by WKB in limited amounts for the production of citric salt.

(42)

Following disclosure, the Union industry commented on those findings casting doubts as to the ratio of citric acid used in the production process of citric salt and as to general treatment of citric acid as a raw-material in the production process of citric salt. According to the Union industry, citric acid would be a semi-product rather than a raw material, and it is the fermentation process that leads to citric acid which is later transformed into citric salt.

(43)

In this regard, it has to be underlined that production process used by WKB is different that production process applied by the Union industry. As indicated in recitals (37), (38) and (40), the amount of citric acid purchased and used in the production process, its origin and the stage at which it is added to the production process were verified on location at WKB premises. Furthermore, even if the Union industry's allegations with respect to the production process were confirmed, they would not affect overall the Commission's assessment of the circumvention of the measures in the light of findings in recital (49).

(44)

Furthermore, the Union industry indicated that in its official website WKB was described itself as producer of both citric acid and citric salt. Only after September 2017 was the website modified and citric acid removed from the list of products.

(45)

In this regard, it is clear on the basis of detailed Cambodian customs statistics as well as the production, purchase and sales records of WKB that it was never involved in production and/or sales of citric acid.

(46)

As explained in recitals (47) to (50), the operations of WKB in Cambodia also cannot be considered a minor transformation of the product in order to avoid anti-dumping duties, as alleged in the request. Moreover, as both citric acid and citric salt are covered by the anti-dumping measures, this minor transformation would not constitute a practice different than transhipment, and the investigation has shown that WKB is not transhipping.

2.3.3.   Assembly operations

(47)

As per recital (12) of the initiating Regulation, if circumvention practices via Cambodia covered by Article 13 of the basic Regulation, other than transhipment, are identified in the course of the investigation, the investigation may also cover these practices. Therefore, the Commission examined whether assembly operations within the meaning of Article 13(2) of the basic Regulation were taking place in Cambodia and whether such operations would constitute circumvention.

(48)

In accordance with Article 13(2)(b) of the basic Regulation, in order to establish circumvention of the anti-dumping measures through assembly operations, the Commission must verify that the parts (raw materials) used in the assembly operation from the countries subject to the anti-dumping measures constitute 60 % or more of the total value of the parts (raw materials) of the assembled product and that the value added to the parts (raw materials) brought in is not greater than 25 % of the manufacturing cost.

(49)

In the case of WKB, it was found that the raw materials originating in the country subject to measures (namely the PRC) did not constitute 60 % or more of the total value of the raw materials used in the production of the product under investigation.

(50)

As the investigation showed that the 60 % criterion was not met and the assembly operation cannot be considered as circumvention within the meaning of Article 13(2) of the basic Regulation, it was not considered necessary to examine the second criterion of 25 % added value in the costs of manufacturing.

2.3.4.   Conclusion on circumvention

(51)

In light of recitals (29) to (50), it is concluded that no evidence of circumvention within the meaning of Article 13(1) and (2) of the basic Regulation was found with regard to the activity of the WKB.

(52)

Since WKB represents 100 % of the Cambodian exports of the product under investigation to the Union during the IP, it could not be established that the measures in force on imports originating in the PRC are being circumvented by imports consigned from Cambodia.

2.4.   Undermining of the remedial effects of the duty and evidence of dumping

(53)

As the investigation showed that the operations carried out in Cambodia cannot be considered as circumvention within the meaning of Article 13(1) and (2) of the basic Regulation, it was not considered necessary to examine those aspects.

3.   TERMINATION OF THE INVESTIGATION

(54)

In view of the findings in recitals (51) and (52), the current anti-circumvention investigation should be terminated. The registration of imports of the product under investigation introduced by the initiating Regulation should therefore be discontinued and that Regulation should be repealed.

(55)

Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the investigation and were given the opportunity to comment. The comments received were not of a nature to change the above conclusions.

(56)

The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 15(1) of the basic Regulation,

HAS ADOPTED THIS REGULATION:

Article 1

The investigation initiated by Commission Implementing Regulation (EU) 2017/2300 in order to determine if imports into the Union of citric acid (including trisodium citrate dihydrate), originating in the People's Republic of China, currently falling within CN codes ex 2918 14 00 (TARIC code 2918140090) and ex 2918 15 00 (TARIC code 2918150019) and consigned from Cambodia, whether declared as originating in Cambodia or not, are circumventing the measures imposed by Commission Implementing Regulation (EU) 2015/82, is hereby terminated.

Article 2

Customs authorities shall discontinue the registration of imports established in accordance to Article 2 of Commission Implementing Regulation (EU) 2017/2300.

Article 3

Commission Implementing Regulation (EU) 2017/2300 is hereby repealed.

Article 4

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

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

Done at Brussels, 13 September 2018.

For the Commission

The President

Jean-Claude JUNCKER


(1)  OJ L 176, 30.6.2016, p. 21.

(2)  Council Regulation (EC) No 1193/2008 of 1 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duties imposed on imports of citric acid originating in the People`s Republic of China (OJ L 323, 3.12.2008, p. 1).

(3)  Commission Implementing Regulation (EU) 2015/82 of 21 January 2015 imposing a definitive anti-dumping duty on imports of citric acid originating in the People's Republic of China following an expiry review pursuant to Article 11(2) of Council Regulation (EC) No 1225/2009 and of partial interim reviews pursuant to Article 11(3) of Regulation (EC) No 1225/2009 (OJ L 15, 22.1.2015, p. 8).

(4)  Commission Implementing Regulation (EU) 2016/32 of 14 January 2016 extending the definitive anti-dumping duty imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China to imports of citric acid consigned from Malaysia, whether declared as originating in Malaysia or not (OJ L 10, 15.1.2016, p. 3).

(5)  Commission Implementing Regulation (EU) 2017/2300 of 12 December 2017 initiating an investigation concerning the possible circumvention of anti-dumping measures imposed by Implementing Regulation (EU) 2015/82 on imports of citric acid originating in the People's Republic of China by imports of citric acid consigned from Cambodia, whether declared as originating in Cambodia or not, and making such imports subject to registration (OJ L 329, 13.12.2017, p. 39).

(*1)  Only citric acid.

(*2)  Citric acid and citric salt.

(*3)  Only citric salt.

(*4)  Export to EU remains in the range of 55 % to 85 % of the total exports


DECISIONS

14.9.2018   

EN

Official Journal of the European Union

L 231/27


COUNCIL DECISION (CFSP) 2018/1237

of 12 September 2018

amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) and (3) thereof,

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

Whereas:

(1)

On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

(2)

On 12 March 2018, the Council adopted Decision (CFSP) 2018/392 (2), thereby renewing the measures provided for in Decision 2014/145/CFSP for a further six months.

(3)

In view of the continuing undermining or threatening of the territorial integrity, sovereignty and independence of Ukraine, Decision 2014/145/CFSP should be renewed for a further six months.

(4)

The Council has reviewed the individual designations set out in the Annex to Decision 2014/145/CFSP and decided to amend the information concerning certain individuals and entities.

(5)

Decision 2014/145/CFSP should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 6 of Decision 2014/145/ CFSP, the second paragraph is replaced by the following:

‘This Decision shall apply until 15 March 2019.’.

Article 2

The Annex to Decision 2014/145/CFSP is amended as set out in the Annex to this Decision.

Article 3

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

Done at Brussels, 12 September 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 78, 17.3.2014, p. 16.

(2)  Council Decision (CFSP) 2018/392 of 12 March 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 69, 13.3.2018, p. 48).


ANNEX

The entries concerning the persons and entities listed below, as set out in the Annex to Decision 2014/145/CFSP, are replaced by the following entries:

 

Persons:

 

Name

Identifying information

Reasons

Date of listing

‘4.

Denis Valentinovich BEREZOVSKIY

(Денис Валентинович БЕРЕЗОВСКИЙ)

Denys Valentynovych BEREZOVSKYY

(Денис Валентинович БЕРЕЗОВСЬКИЙ)

DOB: 15.7.1974

POB: Kharkiv, Ukrainian SSR

Berezovskiy was appointed commander of the Ukrainian Navy on 1 March 2014 but thereafter swore an oath to the Crimean armed forces, thereby breaking his oath to the Ukrainian Navy.

He was Deputy Commander of the Black Sea Fleet of the Russian Federation until October 2015.

Since 2015 he studies at the military academy of the General Staff of Russian armed forces.

17.3.2014

11.

Andrei Aleksandrovich KLISHAS

(Андрей Александрович Клишас)

DOB: 9.11.1972

POB: Sverdlovsk

Chairman of the Committee on Constitutional Law and State Building of the Federation Council of the Russian Federation.

On 1 March 2014 Klishas publicly supported, in the Federation Council, the deployment of Russian forces in Ukraine. In public statements Klishas sought to justify a Russian military intervention in Ukraine by claiming that “the Ukrainian President supports the appeal of the Crimean authorities to the President of the Russian Federation on landing an all-encompassing assistance in defence of the citizens of Crimea”.

17.3.2014

14.

Aleksandr Borisovich TOTOONOV

(Александр Борисович Тотоонов)

DOB: 3.4.1957

POB: Ordzhonikidze, North Ossetia

Former Member of the Committee of International Affairs of the Federation Council of the Russian Federation. His duties as a Member of the Council of the Russian Federation ended in September 2017.

Since September 2017 he is the First Deputy Chair of the Parliament of North Ossetia.

On 1 March 2014 Totoonov publicly supported, in the Federation Council, the deployment of Russian forces in Ukraine.

17.3.2014

17.

Sergei Vladimirovich ZHELEZNYAK

(Сергей Владимирович ЖЕЛЕЗНЯК)

DOB: 30.7.1970

POB: St. Petersburg (former Leningrad)

Former Deputy Speaker of the State Duma of the Russian Federation.

Actively supported the use of Russian Armed Forces in Ukraine and the annexation of Crimea. He led personally the demonstration in support of the use of Russian Armed Forces in Ukraine.

Former Deputy Chairperson and currently a member of the Foreign Affairs Committee of the State Duma of the Russian Federation.

17.3.2014

22.

Dmitry Olegovich ROGOZIN

(Дмитрий Олегович Рогозин)

DOB: 21.12.1963

POB: Moscow

Former Deputy Prime Minister of the Russian Federation. Publicly called for the annexation of Crimea.

21.3.2014

28.

Valery Vladimirovich KULIKOV

(Валерий Владимирович Куликов)

DOB: 1.9.1956

POB: Zaporozhye (Ukrainian SSR)

Former Deputy-Commander of the Black Sea Fleet, Rear Admiral.

Responsible for commanding Russian forces that have occupied Ukrainian sovereign territory.

On 26 September 2017, with a Decree of the President of Russian Federation, he was dismissed from this post and from military service.

Since September 2017, he is a member of the Federation Council of Russian Federation, representing the annexed City of Sevastopol.

21.3.2014

30.

Mikhail Grigorievich MALYSHEV

(Михаил Григорьевич МАЛЫШЕВ)

Mykhaylo Hryhorovych MALYSHEV

(Михайло Григорович МАЛИШЕВ)

DOB: 10.10.1955

POB: Simferopol, Crimea

Chair of the Crimea Electoral Commission. Responsible for administering the Crimean “referendum”. Responsible under the Russian system for signing referendum results.

In the capacity of Chair of the Crimea Electoral Commission he participated in the organization of the Russian presidential elections of 18 March 2018 in the illegally annexed Crimea and Sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of Ukraine.

21.3.2014

32.

Lt. Gen. Igor Nikolaevich (Mykolayovich) TURCHENYUK

(Игорь Николаевич Турченюк)

DOB: 5.12.1959

POB: Osh, Kyrgyz SSR

Former de facto Commander of Russian troops deployed on the ground in the illegally annexed Crimea (whom Russia continues to refer to officially as “local self-defence militias”). Former Deputy Commander of the Southern Military District. Currently he is the Head of Department of Public Administration and National Security at the Military Academy of the Russian General Staff.

21.3.2014

47.

Sergey Gennadevich TSYPLAKOV (Сергей Геннадьевич ЦЫПЛАКОВ)

Serhiy Hennadiyovych TSYPLAKOV (Сергiй Геннадiйович ЦИПЛАКОВ)

DOB: 1.5.1983

POB: Khartsyzsk, Donetsk region

One of the leaders of the ideologically radical organisation “People's Militia of Donbas”. He took active part in the seizure of a number of State buildings in the Donetsk region.

Member of the “People's Council of the Donetsk People's Republic”, former Chair and current member of the “People's Council Committee on Information Policy and Information Technology”.

29.4.2014

56.

Igor Evgenevich KAKIDZYANOV

(Игорь Евгеньевич КАКИДЗЯНОВ),

Igor Evegenevich KHAKIMZYANOV

(Игорь Евгеньевич ХАКИМЗЯНОВ)

Ihor Yevhenovych KHAKIMZIANOV (KAKIDZIANOV)

(Iгор Євгенович ХАКIМЗЯНОВ (КАКIДЗЯНОВ))

DOB: 25.7.1980

POB: Makiivka (Donetsk oblast)

One of the former leaders of armed forces of the self-proclaimed “Donetsk People's Republic”. The aim of the forces is to “protect the people of the Donetsk People's Republic and territorial integrity of the republic” according to Pushylin, one of the leaders of the “Donetsk People's Republic”.

Remains active in supporting separatist actions or policies.

12.5.2014

60.

Natalia Vladimirovna POKLONSKAYA

(Наталья Владимировна ПОКЛОНСКАЯ)

DOB: 18.3.1980

POB: Mikhailovka, Voroshilovgrad region, Ukrainian SSR or Yevpatoria, Ukrainian SSR

Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.

Former Prosecutor of the so-called “Republic of Crimea”. Actively implemented Russia's annexation of Crimea.

Currently Deputy Chairperson of the Committee for Security and countering corruption of the State Duma of the Russian Federation.

12.5.2014

71.

Nikolay Ivanovich KOZITSYN

(Николай Иванович Козицын)

DOB: 20.6.1956 or 6.10.1956

POB: Djerzjinsk, Donetsk region

Commander of Cossack forces.

Responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.

Remains active in supporting separatist actions or policies.

12.7.2014

78.

Sergei Orestovich BESEDA

(Сергей Орестович Беседа)

DOB: 17.5.1954

Commander of the Fifth Service of the FSB, Federal Security Service of the Russian Federation.

As a senior FSB officer (Colonel-General), he heads a service responsible for overseeing intelligence operations and international activity.

25.7.2014

79.

Mikhail Vladimirovich DEGTYARYOV/DEGTYAREV

(Михаил Владимирович ДЕГТЯРËВ)

DOB 10.7.1981

POB: Kuibyshev (Samara)

Member of the State Duma.

As a member of the Duma he announced the inauguration of the “de facto embassy” of the unrecognised, so-called “Donetsk People's Republic” in Moscow, he contributes to undermining or threatening the territorial integrity, sovereignty and independence of Ukraine.

Currently Chairman of the Russian State Duma Committee on Physical Education, Sport and Youth Affairs.

25.7.2014

81.

Alexander Nikolayevich TKACHYOV (Александр Николаевич Ткачëв)

DOB: 23.12.1960

POB: Vyselki, Krasnodar region

Former Governor of the Krasnodar Krai.

He was awarded the medal “for the liberation of Crimea” by the Acting head of the Autonomous Republic of Crimea for the support he provided to the unlawful annexation of Crimea. On that occasion, the Acting Head of the Autonomous Republic of Crimea said that Tkachyov was one of the first to express his support to the new “leadership” of Crimea.

Former Minister of Agriculture of the Russian Federation.

25.7.2014

89.

Oksana TCHIGRINA,

Oksana Aleksandrovna CHIGRINA (CHYHRYNA)

(Оксана Александровна ЧИГРИНА)

DOB: possibly 23.7.1981

Former spokesperson of the so-called “government” of the so-called “Lugansk People's Republic” who made declarations justifying, inter alia, the shooting down of a Ukrainian military airplane, the taking of hostages, fighting activities by the illegal armed groups, which have as a consequence undermined the territorial integrity, sovereignty and unity of Ukraine.

Former spokesperson of the Press Service of LNR.

30.7.2014

102.

Andrei Nikolaevich RODKIN (Андрей Николаевич Родкин)

DOB: 23.9.1976

POB: Moscow

Former Moscow Representative of the so-called “Donetsk People's Republic”. In his statements he has, inter alia, talked about the militias' readiness to conduct a guerrilla war and their seizure of weapon systems from the Ukrainian armed forces. He has therefore supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine.

One of the former leaders of the “Union of Donbas Volunteers”.

12.9.2014

117.

Aleksey Vasilevich NAUMETS

(Алексей Васильевич Haумец)

DOB: 11.2.1968

Major-general of the Russian Army. Former commander of the 76th airborne division which has been involved in the Russian military presence on the territory of Ukraine, notably during the illegal annexation of Crimea. Since 2018 Deputy Chief of Staff of the Airborne Forces.

12.9.2014

120.

Sergey Yurievich KOZYAKOV

(Сергей Юрьевич КОЗЬЯКОВ)

Serhiy Yuriyovych KOZYAKOV

(Сергiй Юрiйович КОЗЬЯКОВ)

DOB: 29.9.1982 or 23.9.1982

In his former capacity as so-called “Head of the Luhansk Central Election Commission” he was responsible for organising the so-called “elections” of 2 November 2014 in the “Luhansk People's Republic”. These “elections” were in breach of Ukrainian law and therefore illegal. Between October 2015 and December 2017 so-called “Minister of Justice” of the “Luhansk People's Republic”.

In taking on and acting in these capacities, and in organising the illegal “elections”, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

29.11.2014

138.

Alexandr Vasilievich SHUBIN

(Александр Васильевич ШУБИН)

DOB: 20.5.1972 or 30.5.1972

POB: Luhansk

Former so-called “Minister of Justice”, of the illegal so-called “Luhansk People's Republic”. Chairman of the “Central Election Commission” of the so-called “Luhansk People's Republic” since October 2015.

In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

141.

Ekaterina Vladimirovna FILIPPOVA (Екатерина Владимировна ФИЛИППОВА)

Kateryna Volodymyrivna FILIPPOVA

(Катерина Володимирiвна ФIЛIППОВА

DOB: 20.1.1988

POB: Krasnoarmëisk

Former so-called “Minister of Justice” of the so-called “Donetsk People's Republic”.

In taking on and acting in this capacity, she has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

146.

Zaur Raufovich ISMAILOV

(Заур Рауфович ИСМАИЛОВ)

Zaur Raufovych ISMAYILOV

(Заур Рауфович IСМАЇЛОВ)

DOB: 25.7.1978 (or 23.3.1975)

POB: Krasny Luch, Voroshilovgrad, Lugansk region

Former so-called “General Prosecutor” of the so-called “Lugansk People's Republic” (until October 2017). Currently acting so-called “Minister of Justice” of the so-called “Lugansk People's Republic”.

In taking on and acting in this capacity, he has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and further destabilised Ukraine.

16.2.2015

164.

Aleksandr Yurevich PETUKHOV /

Aleksandr Yurievich PETUKHOV

(Александр Юрьевич ПЕТУХОВ)

Oleksandr Yuriyovych PIETUKHOV

(Олександр Юрійович ПЄТУХОВ)

DOB: 17.7.1970

Former Chair of the Sevastopol Electoral Commission. In this capacity he participated in the organisation of the Russian presidential elections of 18 March 2018 in the illegally annexed Crimea and Sevastopol, and thereby actively supported and implemented policies that undermine the territorial integrity, sovereignty and independence of Ukraine.

14.5.2018’

 

Entities:

 

Name

Identifying information

Reasons

Date of listing

‘3.

So-called “Lugansk People's Republic”

“Луганская народная республика”

“Luganskaya narodnaya respublika”

Official information:

https://glava-lnr.info/

https://sovminlnr.ru/

https://nslnr.su/

The so-called “Lugansk People's Republic” was established on 27 April 2014.

Responsible for organising the illegal referendum on 11 May 2014. Declaration of independence on 12 May 2014.

On 22 May 2014, the so-called “People's Republics” of Donetsk and Lugansk created the so-called “Federal State of Novorossiya”.

This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

It is also involved in the recruitment to the separatist “Army of Southeast” and other illegal armed separatist groups, thus undermining the stability or security of Ukraine.

25.7.2014

4.

So called “Donetsk People's Republic”

“Донецкая народная республика”

“Donétskaya naródnaya respúblika”

Official information:

https://dnr-online.ru/

http://av-zakharchenko.su/

http://smdnr.ru/

https://dnrsovet.su/

The so called “Donetsk People's Republic” was declared on 7 April 2014.

Responsible for organizing the illegal referendum on May 11 2014. Declaration of independence on May 12 2014.

On 24 May 2014, the so called “People's Republics” of Donetsk and Lugansk signed an agreement on the creation of the so called “Federal State of Novorossiya”.

This is in breach of Ukrainian constitutional law, and, as a consequence, of international law, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

It is also involved in the recruitment to illegal armed separatist groups, thus threatening the stability or security of Ukraine.

25.7.2014

6.

International Union of Public Associations “Great Don Army”

Международный Союз Общественных Объединений “Всевеликое Войско Донское”

Official information:

http://xn--80aaaajfjszd7a3b0e.xn--p1ai/

Phone number:

+7-8-908-178-65-57

Social media: Cossack National Guard http://vk.com/kazak_nac_guard

Address: 346465 Russia, Rostov Region, October District, St Zaplavskaya, Str Shosseynaya 1

Second address: Voroshilovskiy Prospekt 12/85-87/13, Rostov-on-Don

The “Great Don army” established the “Cossack National Guard”, responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus undermining the territorial integrity, sovereignty and independence of Ukraine as well as threatening the stability or security of Ukraine.

Associated with Mr Nikolay Kozitsyn, who is Commander of Cossack forces and responsible for commanding separatists in Eastern Ukraine fighting against the Ukrainian government forces.

25.7.2014

7.

“Sobol”

“Соболь”

Official information:

http://soboli.net

Social media:

http://vk.com/sobolipress

Phone number:

(0652) 60-23-93

Email: SoboliPress@gmail.com

Address: Crimea, Simferopol, str. Kiev, 4 (area bus station “Central”).

Radical paramilitary organisation, responsible for openly supporting using force to end Ukraine's control over Crimea, thus undermining the territorial integrity, sovereignty and independence of Ukraine.

Responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

25.7.2014

8.

So called “Lugansk Guard”

“Луганская гвардия”

Social media and other information:

https://vk.com/luguard

http://vk.com/club68692201

https://vk.com/luguardnews

Self-defence militia of Lugansk, responsible for training separatists to fight against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

Associated with Mr German PROPOKIV, active leader who is responsible for taking part in the seizure of the building of the Lugansk regional office of the Ukrainian Security Service and recorded a video address to President Putin and Russia from the occupied building.

25.7.2014

9.

So called “Army of the Southeast”

“Армии Юго-Востока”

http://lugansk-online.info/statements

Social media:

http://vk.com/lugansksbu

Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine.

Responsible for occupying the building of the Security Service in the Lugansk region.

Associated with Mr Valeriy BOLOTOV, who was listed as one of the leaders of the group.

Associated with Mr Vasyl NIKITIN, responsible for the separatist “governmental” activities of the so called “government of the People's Republic of Luhansk”.

25.7.2014

10.

So-called “Donbas People's Militia”“Нарoдное oпoлчéние Дoнбáсса”

Social media:

http://vk.com/polkdonbassa

+ 38-099-445-63-78;

+ 38-063-688-60-01;

+ 38-067-145-14-99;

+ 38-094-912-96-60;

+ 38-062-213-26-60

Email: voenkom.dnr@mail.ru

mobilisation@novorossia.co

polkdonbassa@mail.ru

Telephone volunteers in Russia:

+ 7 (926) 428-99-51

+ 7 (967) 171-27-09

or email novoross24@mail.ru

Address: Donetsk. Prospect Zasyadko.13

Illegal armed separatist group responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine. inter alia, the militant group seized control of several government buildings in Eastern Ukraine in early April 2014, thus undermining the territorial integrity, sovereignty and independence of Ukraine. It is associated with Mr Pavel Gubarev, who is responsible for the taking over of the regional government building in Donetsk with pro-Russian forces and proclaiming himself the “people's governor”.

25.7.2014

11.

“Vostok battalion”

“Батальон Восток”

Social media:

http://vk.com/patriotic_forces_of_donbas

http://patriot-donetsk.ru/

info.patriot.donbassa@gmail.com

Illegal armed separatist group which is considered to be one of the most important in Eastern Ukraine. Responsible for fighting against the Ukrainian government forces in Eastern Ukraine, thus threatening the stability or security of Ukraine.

Actively participated in the military operations resulting in the seizure of Donetsk Airport.

Part of the so-called “1st Army Corps” of the Armed Forces of “Donetsk People's Republic”.

25.7.2014

16.

Federal State Budgetary Enterprise “Sanatorium Nizhnyaya Oreanda” of the Administration of the President of the Russian Federation (formerly known as Resort “Nizhnyaya Oreanda” Санаторий “Нижняя Ореанда”)

Resort “Nizhnyaya Oreanda”, 298658, Yalta, Oreanda

(298658, г.Ялта, пгт. Ореанда, Санаторий “Нижняя Ореанда”)

The ownership of the entity was transferred contrary to the Ukrainian law. On 21 March 2014 the “Presidium of the Parliament of Crimea” adopted a decision “On the questions of creation of the Association of sanatoria and resorts” No 1767-6/14 declaring the appropriation of assets belonging to the resort “Nizhnyaya Oreanda” on behalf of the “Republic of Crimea”. The enterprise is thus effectively confiscated by the Crimean “authorities”. Re-registered on 9 October 2014 as Federal State Budgetary Enterprise “Sanatorium Nizhnyaya Oreanda” of the Administration of the President of the Russian Federation (ФЕДЕРАЛЬНОЕ ГОСУДАРСТВЕННОЕ БЮДЖЕТНОЕ УЧРЕЖДЕНИЕ “САНАТОРИЙ “НИЖНЯЯ ОРЕАНДА” УПРАВЛЕНИЯ ДЕЛАМИ ПРЕЗИДЕНТА РОССИЙСКОЙ ФЕДЕРАЦИИ”). Founder: The Administration of the President of the Russian Federation (УПРАВЛЕНИЯ ДЕЛАМИ ПРЕЗИДЕНТА РОССИЙСКОЙ ФЕДЕРАЦИИ).

25.7.2014

17.

Crimean Republican Enterprise “Azov distillery plant”

Крымское республиканское предприятие “Азовский ликёро-водочннй завод”

Azovsky likerovodochny zavod

40 Zeleznodorozhnaya str.,

296178 Azovskoye, Jankoysky district

(Джанкойский район, 296178

пгт. Азовское, ул. Железнодорожная, 40)

code: 01271681

The ownership of the entity was transferred contrary to Ukrainian law. On 9 April 2014, the “Presidium of the Parliament of Crimea” adopted a decision No 1991-6/14 “On the amendments to the Resolution of the State Council of the “Republic of Crimea” of 26 March 2014 No 1836-6/14 “On nationalization of the property of enterprises, institutions and organizations of agro-industrial complex, located in the territory of the “Republic of Crimea”” declaring the appropriation of assets belonging to the “Azovsky likerovodochny zavod” on behalf of the “Republic of Crimea”. The enterprise is thus effectively confiscated by the Crimean “authorities”.

Ongoing bankruptcy proceedings.

25.7.2014

21.

JOINT-STOCK COMPANY ALMAZ-ANTEY AIR AND SPACE DEFENCE CORPORATION

Акционерное общество “Концерн воздушно-космической обороны “Алмаз — Антей””

(a.k.a. CONCERN ALMAZ-ANTEY; ALMAZ-ANTEY CORP; a.k.a. ALMAZ-ANTEY DEFENSE CORPORATION; a.k.a. ALMAZ-ANTEY JSC; Концерн ВКО “Алмаз — Антей”;)

41 ul.Vereiskaya street, Moscow 121471, Russian Federation;

Website: almaz-antey.ru;

Email Address antey@almaz-antey.ru

Almaz-Antey is a Russian State-owned company. It manufactures anti-aircraft weaponry including surface-to-air missiles which it supplies to the Russian army. The Russian authorities have been providing heavy weaponry to separatists in Eastern Ukraine, contributing to the destabilisation of Ukraine. These weapons are used by the separatists, including for shooting down airplanes. As a State-owned company, Almaz-Antey therefore contributes to the destabilisation of Ukraine.

30.7.2014

24.

Donetsk Republic

(Public organisation)

Донецкая республика

Official information:

http://oddr.info/

Public “organisation” that presented candidates in the so called “elections” of the so called “Donetsk People's Republic” on 2 November 2014. These “elections” are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal “elections” it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine. Headed by Alexander ZAKHARCHENKO and founded by Andriy PURGIN.

29.11.2014

25.

Peace to Luhansk Region (Mir Luganschine) Мир Луганщине

https://mir-lug.info/

Public “organisation” that presented candidates in the so-called “elections” of the so-called “Luhansk People's Republic”2 November 2014. These “elections” are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal “elections” it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine.

29.11.2014

28.

Luhansk Economic Union (Luganskiy Ekonomicheskiy Soyuz)

Луганский экономический союз

Official information:

https://nslnr.su/about/obshchestvennye-organizatsii/337/

“Social organisation” that presented candidates in the illegal so called “elections” of the so called “Luhansk People's Republic”2 November 2014. Nominated a candidate, Oleg AKIMOV, to be “Head” of the so called “Luhansk People's Republic”. These “elections” are in breach of Ukrainian law and therefore illegal.

In participating formally in the illegal “elections” it has therefore actively supported actions and policies which undermine the territorial integrity, sovereignty and independence of Ukraine, and to further destabilise Ukraine.

29.11.2014

30.

Sparta battalion

Батальон “Спарта”

 

Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and further destabilise Ukraine.

Part of the so-called “1st Army Corps” of the “Donetsk People's Republic”. Referred to as the military unit 08806. In November 2017, the unit was named in honour of the assassinated separatist military commander Arsen Pavlov (aka Motorola).

16.2.2015

33.

Prizrak brigade

Бригада “Призрак”

mail@prizrak.info

Тel: 8985 130 9920

Armed separatist group which has actively supported actions which undermine the territorial integrity, sovereignty and independence of Ukraine and further destabilise Ukraine.

Part of the so-called “2nd Army Corps” of the “Lugansk People's Republic”.

Also referred to as the 14th Motorized Rifle Battalion.

16.2.2015’


14.9.2018   

EN

Official Journal of the European Union

L 231/37


COUNCIL IMPLEMENTING DECISION (CFSP) 2018/1238

of 13 September 2018

implementing Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

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) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(1) thereof,

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

Whereas:

(1)

On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.

(2)

On 8 August 2018, the United Nations Security Council (‘UNSC’) Committee established pursuant to UNSC Resolution 1718 (2006) amended the listing of one entity subject to restrictive measures.

(3)

Annex I to Decision (CFSP) 2016/849 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision (CFSP) 2016/849 is hereby 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, 13 September 2018.

For the Council

The President

J. BOGNER-STRAUSS


(1)  OJ L 141, 28.5.2016, p. 79.


ANNEX

In Annex I to Decision (CFSP) 2016/849, entry 71 under the heading ‘B. Entities’, is replaced by the following:

 

Name

Alias

Location

Date of UN designation

Other information

‘71.

PRO-GAIN GROUP CORPORATION

 

 

30.3.2018

Company owned or controlled by Tsang Yung Yuan and involved in illicit transfers of DPRK coal.’.


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