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Document L:2018:314:FULL
Official Journal of the European Union, L 314, 11 December 2018
Official Journal of the European Union, L 314, 11 December 2018
Official Journal of the European Union, L 314, 11 December 2018
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Official Journal of the European Union |
L 314 |
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Commission Implementing Regulation (EU) 2018/1936 of 10 December 2018 amending Implementing Regulation (EU) No 371/2011 as regards the maximum limit of dimethylaminoethanol (DMAE) ( 1 ) |
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(1) Text with EEA relevance. |
EN |
Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. The titles of all other Acts are printed in bold type and preceded by an asterisk. |
II Non-legislative acts
REGULATIONS
11.12.2018 |
EN |
Official Journal of the European Union |
L 314/1 |
COUNCIL IMPLEMENTING REGULATION (EU) 2018/1931
of 10 December 2018
implementing Article 9 of Regulation (EC) No 1183/2005 imposing certain specific restrictive measuresn directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 1183/2005 of 18 July 2005 imposing certain specific restrictive measures directed against persons acting in violation of the arms embargo with regard to the Democratic Republic of the Congo (1), and in particular Article 9,
Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 18 July 2005, the Council adopted Regulation (EC) No 1183/2005. |
(2) |
Further to the review of the autonomous restrictive measures laid down in Article 2b of Regulation (EC) No 1183/2005, statements of reasons relating to eight persons listed in Annex Ia to Regulation (EC) No 1183/2005 should be amended. Moreover, information concerning all persons listed in that Annex should be updated. |
(3) |
Annex Ia to Regulation (EC) No 1183/2005 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
The list in Annex Ia to Regulation (EC) No 1183/2005 is replaced by the list 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, 10 December 2018.
For the Council
The President
F. MOGHERINI
ANNEX
‘ANNEX Ia
LIST OF PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 2b
A. Persons
|
Name |
Identifying information |
Grounds for designation |
Date of listing |
1. |
Ilunga Kampete |
a.k.a. Gaston Hughes Ilunga Kampete; a.k.a. Hugues Raston Ilunga Kampete. DOB: 24.11.1964. POB: Lubumbashi (DRC). Military ID number: 1-64-86-22311-29. Nationality: DRC. Address: 69, avenue Nyangwile, Kinsuka Mimosas, Kinshasa/Ngaliema, RDC. |
As Commander of the Republican Guard (GR), Ilunga Kampete was responsible for the GR units deployed on the ground and involved in the disproportionate use of force and violent repression, in September 2016 in Kinshasa. In this capacity, Ilunga Kampete was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. |
12.12.2016 |
2. |
Gabriel Amisi Kumba |
a.k.a. Gabriel Amisi Nkumba; ‘Tango Fort’; ‘Tango Four’. DOB: 28.5.1964. POB: Malela (DRC). Military ID number: 1-64-87-77512-30. Nationality: DRC. Address: 22, avenue Mbenseke, Ma Campagne, Kinshasa/Ngaliema, RDC. |
Former Commander of the 1st defence zone of the Congolese Army (FARDC), whose forces took part in the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Gabriel Amisi Kumba was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. In July 2018, Gabriel Amisi Kumba was appointed Deputy Chief of Staff of the Congolese Armed Forces (FARDC), with responsibility for operations and intelligence. |
12.12.2016 |
3. |
Ferdinand Ilunga Luyoyo |
DOB: 8.3.1973. POB: Lubumbashi (DRC). Passport no: OB0260335 (valid from 15.4.2011 to 14.4.2016). Nationality: DRC. Address: 2, avenue des Orangers, Kinshasa/Gombe, RDC. |
As Commander of the anti-riot unit Légion Nationale d'Intervention of the Congolese National Police (PNC), Ferdinand Ilunga Luyoyo was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Ferdinand Ilunga Luyoyo was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. In July 2017, Ferdinand Ilunga Luyoyo was appointed Commander of the PNC unit responsible for the protection of institutions and high-ranking officials. |
12.12.2016 |
4. |
Celestin Kanyama |
a.k.a. Kanyama Tshisiku Celestin; Kanyama Celestin Cishiku Antoine; Kanyama Cishiku Bilolo Célestin; Esprit de mort. DOB: 4.10.1960. POB: Kananga (DRC). Nationality: DRC. Passport no: OB0637580 (valid from 20.5.2014 to 19.5.2019). Was granted Schengen visa no. 011518403, issued on 2.7.2016. Address: 56, avenue Usika, Kinshasa/Gombe, RDC. |
As Commissioner of the Congolese National Police (PNC), Celestin Kanyama was responsible for the disproportionate use of force and violent repression in September 2016 in Kinshasa. In this capacity, Celestin Kanyama was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. In July 2017, Celestin Kanyama was appointed Director-General of the National Police's training schools. |
12.12.2016 |
5. |
John Numbi |
a.k.a. John Numbi Banza Tambo; John Numbi Banza Ntambo; Tambo Numbi. DOB: 16.8.1962. POB: Jadotville-Likasi-Kolwezi (DRC). Nationality: DRC. Address: 5, avenue Oranger, Kinshasa/Gombe, RDC. |
Former Inspector-General of the Congolese National Police (PNC), John Numbi was notably involved in the campaign of violent intimidation carried out in the context of the March 2016 gubernatorial elections in the four ex-Katangan provinces and, as such, is responsible for obstructing a consensual and peaceful solution with a view to the holding of elections in DRC. In July 2018, John Numbi was appointed Inspector-General of the Congolese Armed Forces (FARDC). |
12.12.2016 |
6. |
Roger Kibelisa |
a.k.a. Roger Kibelisa Ngambaswi. DOB: 9.9.1959. POB: Fayala (DRC). Nationality: DRC. Address: 24, avenue Photopao, Kinshasa/Mont Ngafula, RDC. |
As Interior Director of the National Intelligence Service (ANR), Roger Kibelisa is involved in the intimidation campaign carried out by ANR officials towards opposition members, including arbitrary arrests and detention. Roger Kibelisa has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC. |
12.12.2016 |
7. |
Delphin Kaimbi |
a.k.a. Delphin Kahimbi Kasagwe; Delphin Kayimbi Demba Kasangwe; Delphin Kahimbi Kasangwe; Delphin Kahimbi Demba Kasangwe; Delphin Kasagwe Kahimbi. DOB: 15.1.1969 (alternatively: 15.7.1969). POB: Kiniezire/Goma (DRC). Nationality: DRC. Diplomatic passport no: DB0006669 (valid from 13.11.2013 to 12.11.2018). Address: 1, 14eme rue, Quartier Industriel, Linete, Kinshasa, RDC. |
Former Head of the Military Intelligence Body (ex-DEMIAP), part of the National Operations Centre, the command and control structure responsible for arbitrary arrests and violent repression in Kinshasa in September 2016, and responsible for forces that participated in intimidation and arbitrary arrests, obstructing a consensual and peaceful solution with a view to the holding of elections in DRC. In July 2018, Delphin Kaimbi was appointed assistant Chief of Staff within the FARDC General Staff, with responsibility for intelligence. |
12.12.2016 |
8. |
Evariste Boshab, former Vice Prime Minister and Minister of Interior and Security |
a.k.a Evariste Boshab Mabub Ma Bileng. DOB: 12.1.1956. POB: Tete Kalamba (DRC). Nationality: DRC. Diplomatic passport number: DP0000003 (valid: 21.12.2015 — expiry: 20.12.2020). Schengen visa expired on 5.1.2017. Address: 3, avenue du Rail, Kinshasa/Gombe, RDC. |
In his capacity as Vice Prime Minister and Minister of Interior and Security from December 2014 to December 2016, Evariste Boshab was officially responsible for the police and security services and coordinating the work of provincial governors. In this capacity, he was responsible for arrests of activists and opposition members, as well as disproportionate use of force, including between September 2016 and December 2016 in response to demonstrations in Kinshasa, which resulted in a large number of civilians being killed or injured by security services. Evariste Boshab was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. |
29.5.2017 |
9. |
Alex Kande Mupompa, Former Governor of Kasai Central |
a.k.a Alexandre Kande Mupomba; Kande-Mupompa. DOB: 23.9.1950. POB: Kananga (DRC). Nationality: DRC and Belgian. DRC passport number: OP0024910 (valid: 21.3.2016 — expiry: 20.3.2021). Addresses: Messidorlaan 217/25, 1180 Uccle, Belgium 1, avenue Bumba, Kinshasa/Ngaliema, RDC. |
As Governor of Kasai Central until October 2017, Alex Kande Mupompa has been responsible for the disproportionate use of force, violent repression and extrajudicial killings committed by security forces and the PNC in Kasai Central from August 2016, including killings on the territory of Dibaya in February 2017. Alex Kande Mupompa was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. |
29.5.2017 |
10. |
Jean-Claude Kazembe Musonda, former Governor of Haut-Katanga |
DOB: 17.5.1963. POB: Kashobwe (DRC). Nationality: DRC. Address: 7891, avenue Lubembe, Quartier Lido, Lubumbashi, Haut-Katanga, RDC. |
As Governor of Haut Katanga until April 2017, Jean-Claude Kazembe Musonda was responsible for the disproportionate use of force and violent repression committed by security forces and the PNC in Haut Katanga, including between 15 and 31 December 2016, when 12 civilians were killed and 64 were injured as a result of the use of lethal force by security forces including PNC agents in response to protests in Lubumbashi. Jean-Claude Kazembe Musonda was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. |
29.5.2017 |
11. |
Lambert Mende, Minister of Communications and Media, and spokesperson of the Government |
a.k.a Lambert Mende Omalanga. DOB: 11.2.1953. POB: Okolo (DRC). Diplomatic passport number: DB0001939 (issued: 4.5.2017 — expiring: 3.5.2022). Nationality: DRC. Address: 20, avenue Kalongo, Kinshasa/Ngaliema, RDC. |
As Communications and Media Minister since 2008, Lambert Mende is responsible for a repressive media policy which breaches the right to freedom of expression and information and undermines a consensual and peaceful solution towards elections in DRC. On 12 November 2016, he adopted a decree limiting the possibility for foreign media outlets to broadcast in DRC. In breach of the political agreement settled on 31 December 2016 between the presidential majority and opposition parties, broadcasting had not resumed for a number of media outlets as of October 2018. In his capacity as Communications and Media Minister, Lambert Mende is therefore responsible for obstructing a consensual and peaceful solution towards elections in DRC, including by acts of repression. |
29.5.2017 |
12. |
Brigadier General Eric Ruhorimbere, Deputy Commander of the 21st military region (Mbuji-Mayi) |
a.k.a. Eric Ruhorimbere Ruhanga; Tango Two; Tango Deux. DOB: 16.7.1969. POB: Minembwe (DRC). Military ID number: 1-69-09-51400-64. Nationality: DRC. DRC passport number OB0814241. Address: Mbujimayi, Kasai Province, RDC. |
As Deputy Commander of the 21st military region from September 2014 to July 2018, Eric Ruhorimbere was responsible for the disproportionate use of force and extrajudicial killings perpetrated by FARDC forces, notably against the Nsapu militia and women and children. Eric Ruhorimbere was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. In July 2018, Eric Ruhorimbere was appointed Commander of the Nord Equateur operational sector. |
29.5.2017. |
13. |
Ramazani Shadari, former Vice Prime Minister and Minister of Interior and Security |
a.k.a. Emmanuel Ramazani Shadari Mulanda; Shadary. DOB: 29.11.1960. POB: Kasongo (DRC). Nationality: DRC. Address: 28, avenue Ntela, Mont Ngafula, Kinshasa, RDC. |
As Vice Prime Minister and Minister of Interior and Security until February 2018, Ramazani Shadari was officially responsible for the police and security services and for coordinating the work of provincial governors. In this capacity, he was responsible for the arrests of activists and opposition members, as well as for the disproportionate use of force, such as the violent crackdown on members of the Bundu Dia Kongo (BDK) movement in Kongo Central, the repression in Kinshasa in January-February 2017 and the disproportionate use of force and violent repression in the Kasai provinces. In this capacity, Ramazani Shadari was therefore involved in planning, directing, or committing acts that constitute serious human rights violations in DRC. In February 2018, Ramazani Shadari was named Permanent Secretary of the Parti du peuple pour la reconstruction et le développement (PPRD). |
29.5.2017 |
14. |
Kalev Mutondo, Head (formally Administrator-General) of the National Intelligence Service (ANR) |
a.k.a Kalev Katanga Mutondo, Kalev Motono, Kalev Mutundo, Kalev Mutoid, Kalev Mutombo, Kalev Mutond, Kalev Mutondo Katanga, Kalev Mutund. DOB: 3.3.1957. Nationality: DRC. Passport number: DB0004470 (issued: 8.6.2012 — expires: 7.6.2017). Address: 24, avenue Ma Campagne, Kinshasa, RDC. |
As long-term Head of the National Intelligence Service (ANR), Kalev Mutondo is involved in and responsible for the arbitrary arrest, detention and mistreatment of opposition members, civil society activists and others. He has therefore undermined the rule of law and obstructed a consensual and peaceful solution towards elections in DRC, as well as planning or directing acts that constitute serious human rights violations in DRC. |
29.5.2017 |
B. Entities
[…]
11.12.2018 |
EN |
Official Journal of the European Union |
L 314/8 |
COUNCIL REGULATION (EU) 2018/1932
of 10 December 2018
repealing Regulation (EU) No 667/2010 concerning certain restrictive measures in respect of Eritrea
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision (CFSP) 2018/1944 of 10 December 2018 repealing Decision 2010/127/CFSP concerning restrictive measures against Eritrea (1),
Having regard to the joint proposal from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission,
Whereas:
(1) |
On 23 December 2009, the United Nations Security Council (UNSC) adopted United Nations Security Council Resolution (UNSCR) 1907 (2009) imposing restrictive measures against Eritrea, consisting of a ban on the sale and supply to and from Eritrea of arms and related material. |
(2) |
Council Regulation (EU) No 667/2010 (2) gives effect to the measures provided for in Council Decision 2010/127/CFSP (3), adopted pursuant to UNSC Resolution 1907 (2009). |
(3) |
On 14 November 2018, the UNSC adopted UNSCR 2444 (2018) terminating, with immediate effect, all UN restrictive measures against Eritrea. |
(4) |
On 10 December 2018, the Council adopted Decision (CFSP) 2018/1944 repealing Decision 2010/127/CFSP. |
(5) |
These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. |
(6) |
Regulation (EU) No 667/2010 should therefore be repealed, |
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EU) No 667/2010 is hereby repealed.
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, 10 December 2018.
For the Council
The President
F. MOGHERINI
(1) See page 60 of this Official Journal.
(2) Council Regulation (EU) No 667/2010 of 26 July 2010 concerning certain restrictive measures in respect of Eritrea (OJ L 195, 27.7.2010, p. 16).
(3) Council Decision 2010/127/CFSP of 1 March 2010 concerning restrictive measures against Eritrea (OJ L 51, 2.3.2010, p. 19).
11.12.2018 |
EN |
Official Journal of the European Union |
L 314/9 |
COUNCIL REGULATION (EU) 2018/1933
of 10 December 2018
amending Regulation (EU) No 356/2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 215 thereof,
Having regard to Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (1),
Having regard to the joint proposal of the High Representative of the Union for Foreign Affairs and Security Policy and of the European Commission,
Whereas:
(1) |
Council Regulation (EU) No 356/2010 (2) gives effect to measures provided for in Decision 2010/231/CFSP. |
(2) |
On 14 November 2018, the United Nations Security Council (UNSC) adopted Resolution 2444 (2018). This Resolution notes that one of the listing criteria under Resolution 1844 (2008) is engaging in or providing support for acts that threaten the peace, security or stability of Somalia, and decides that such acts may also include, but are not limited to planning, directing or committing acts involving sexual and gender-based violence. |
(3) |
Council Decision (CFSP) 2018/1945 (3) amended Decision 2010/231/CFSP in order to reflect the changes in UNSC Resolution 2444 (2018). |
(4) |
These measures fall within the scope of the Treaty and, therefore, notably with a view to ensuring their uniform application in all Member States, regulatory action at the level of the Union is necessary. |
(5) |
Regulation (EU) No 356/2010 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Article 2(3), subparagraph (a) of Regulation (EU) No 356/2010 is replaced by the following:
‘(a) |
engaging in, or providing support for, acts that threaten the peace, security or stability of Somalia, where such acts include, but are not limited to:
|
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, 10 December 2018.
For the Council
The President
F. MOGHERINI
(1) Council Decision 2010/231/CFSP of 26 April 2010 concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP (OJ L 105, 27.4.2010, p. 17).
(2) Council Regulation (EU) No 356/2010 of 26 April 2010 imposing certain specific restrictive measures directed against certain natural or legal persons, entities or bodies, in view of the situation in Somalia (OJ L 105, 27.4.2010, p. 1).
(3) Council Decision (CFSP) 2018/1945 of 10 December 2018 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia (see page 61 of this Official Journal).
11.12.2018 |
EN |
Official Journal of the European Union |
L 314/11 |
COUNCIL IMPLEMENTING REGULATION (EU) 2018/1934
of 10 December 2018
implementing Article 20(3) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014 (1), and in particular Article 20(3) thereof,
Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
Whereas:
(1) |
On 7 May 2015, the Council adopted Regulation (EU) 2015/735. |
(2) |
On 21 November 2018, the United Nations Security Council Committee established pursuant to United Nations Security Council Resolution 2206 (2015) updated the information relating to one person subject to restrictive measures. |
(3) |
Annex I to Regulation (EU) 2015/735 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Annex I to Regulation (EU) 2015/735 is hereby amended as set out in the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 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, 10 December 2018.
For the Council
The President
F. MOGHERINI
ANNEX
The entry concerning the person listed below is replaced by the following entry:
‘1. |
Gabriel JOK RIAK MAKOL (alias: a) Gabriel Jok b) Jok Riak c) Jock Riak)
Title: Lieutenant General Designation: a) Former Sudan People's Liberation Army's (SPLA) Sector One Commander; b) Chief of Defence Forces Date of Birth: 1 Jan. 1966 Place of Birth: Bor, Sudan/South Sudan Nationality: South Sudan Passport no: South Sudan number D00008623 National identification no: M6600000258472 Address: a) Unity State, South Sudan b) Wau, Western Bahr El Ghazal, South Sudan Date of UN designation: 1 Jul. 2015 Other information: Appointed as Chief of Defence Forces on 2 May 2018. Commanded SPLA Sector One, which operates primarily within Unity State, since January 2013. In his position as the SPLA Sector One commander, he has expanded or extended the conflict in South Sudan through breaches of the Cessation of Hostilities Agreement. The SPLA is a South Sudanese military entity that has engaged in actions that have extended the conflict in South Sudan, including breaches of the January 2014 Cessation of Hostilities Agreement and the May 9, 2014 Agreement to Resolve the Crisis in South Sudan, which was a re-commitment to the CoHA and has obstructed the activities of IGAD's Monitoring and Verification Mechanism. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/5879060 Information from the narrative summary of reasons for listing provided by the Sanctions Committee: Gabriel Jok Riak was listed on 1 July 2015 pursuant to paragraphs 7(a), 7(f) and 8 of resolution 2206 (2015) for, “actions or policies that have the purpose or effect of expanding or extending the conflict in South Sudan or obstructing reconciliation or peace talks or processes, including breaches of the Cessation of Hostilities Agreement”; “the obstruction of the activities of international peacekeeping, diplomatic, or humanitarian missions in South Sudan, including IGAD's Monitoring and Verification Mechanism or of the delivery or distribution of, or access to, humanitarian assistance”; and as a leader “of any entity, including any South Sudanese government, opposition, militia, or other group, that has, or whose members have, engaged in any of the activities described in paragraphs 6 and 7”. Gabriel Jok Riak is the commander of the Sudan People's Liberation Army's (SPLA) Sector One, a South Sudanese military entity that has engaged in actions that have extended the conflict in South Sudan, including breaches of the January 2014 Cessation of Hostilities Agreement (CoHA) and the May 9, 2014 Agreement to Resolve the Crisis in South Sudan (May Agreement), which was a re-commitment to the CoHA. Jok Riak has commanded SPLA Sector One, which operates primarily within Unity State, since January 2013. SPLA Divisions Three, Four, and Five are subordinate to Sector One and its commander, Jok Riak. Jok Riak and SPLA Sector One and Three forces under his overall command engaged in several actions, as detailed below, that violated the January 2014 CoHA's commitments to cease all military actions aimed at opposing forces, as well as other provocative actions, freeze forces in their current locations, and refrain from activities such as movement of forces or ammunition resupply that could lead to military confrontation. SPLA forces under Jok Riak's overall command breached the CoHA agreement several times through outright hostilities. On January 10, 2014, an SPLA force under the overall command of Sector One commander Jok Riak captured Bentiu, which had previously been under Sudan People's Liberation Army in Opposition (SPLM-IO) control since December 20, 2013. SPLA Division Three ambushed and shelled SPLM-IO fighters near Leer soon after the signing of the January 2014 CoHA and in mid-April 2014 captured Mayom and killed more than 300 SPLM-IO troops. On May 4, 2014, an SPLA force led by Jok Riak again recaptured Bentiu. On state television in Juba, an SPLA spokesman said that the government army commanded by Jok Riak had captured Bentiu at four in the afternoon, adding that Division Three and a special SPLA taskforce were involved. Hours after the May Agreement was announced, SPLA Third and Fourth Division forces engaged and repelled opposition fighters who had earlier attacked SPLA positions near Bentiu and in the northern oil regions of South Sudan. Also after the signing of the May Agreement, SPLA Division Three troops recaptured Wang Kai, and the division commander, Santino Deng Wol, authorized his forces to kill anyone carrying weapons or hiding in homes, and ordered them to burn any homes containing opposition forces. In late April and May 2015, SPLA Sector One forces led by Jok Riak conducted a full-scale military offensive against opposition forces in Unity State from Lakes State. In violation of the terms of the CoHA as detailed above, Jok Riak reportedly sought to have tanks repaired and modified for use against opposition forces in early September 2014. In late October 2014, at least 7 000 SPLA troops and heavy weapons from the Third and Fifth Divisions were redeployed to reinforce Fourth Division troops bearing the brunt of an opposition attack near Bentiu. In November 2014, the SPLA brought new military equipment and weaponry, including armored personnel carriers, helicopters, artillery guns, and ammunition into Sector One's area of responsibility, likely in preparation for fighting against the opposition. In early February 2015, Jok Riak reportedly ordered armored personnel carriers to be sent to Bentiu, possibly to respond to recent ambushes by the opposition. Subsequent to the April and May 2015 offensive in Unity State, SPLA Sector One denied requests by the Intergovernmental Authority on Development Monitoring and Verification Team (IGAD-MVM) in Bentiu to investigate this violation of the CoHA; thereby denying the IGAD-MVM freedom of movement to carry out its mandate. Additionally, in April 2014, Jok Riak expanded the conflict in South Sudan by reportedly assisting in arming and mobilizing as many as 1 000 Dinka youths to supplement traditional SPLA forces.’ |
11.12.2018 |
EN |
Official Journal of the European Union |
L 314/14 |
COMMISSION IMPLEMENTING REGULATION (EU) 2018/1935
of 7 December 2018
establishing the forms referred to in Council Regulation (EU) 2016/1103 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EU) 2016/1103 of 24 June 2016 implementing enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in matters of matrimonial property regimes (1), and in particular Article 45(3)(b), Article 58(1), Article 59(2) and Article 60(2) thereof,
After consulting the Committee concerning applicable law, jurisdiction and enforcement in matters of matrimonial property regimes,
Whereas:
(1) |
For the purpose of proper application of Regulation (EU) 2016/1103 several forms should be established. |
(2) |
In accordance with Council Decision (EU) 2016/954 (2) authorising enhanced cooperation in the area of property regimes of international couples, Regulation (EU) 2016/1103 implements enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions in the matter of property regimes of international couples between Belgium, Bulgaria, the Czech Republic, Germany, Greece, Spain, France, Croatia, Italy, Cyprus, Luxembourg, Malta, Netherlands, Austria, Portugal, Slovenia, Finland and Sweden. Therefore only those Member States are taking part in the adoption of this Regulation, |
(3) |
The measures provided for in this Regulation are in accordance with the opinion of the Committee concerning applicable law, jurisdiction and enforcement in matters of matrimonial property regimes, |
HAS ADOPTED THIS REGULATION:
Article 1
1. The form to be used for the attestation referred to in Article 45(3)(b) of Regulation (EU) 2016/1103 shall be as set out in Annex I.
2. The form to be used for the attestation concerning an authentic instrument referred to in Articles 58(1) and 59(2) of Regulation (EU) 2016/1103 shall be as set out in Annex II.
3. The form to be used for the attestation concerning a court settlement referred to in Article 60(2) of Regulation (EU) 2016/1103 shall be as set out in Annex III.
Article 2
This Regulation shall enter into force on 29 January 2019.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
Done at Brussels, 7 December 2018.
For the Commission
The President
Jean-Claude JUNCKER
(2) Council Decision (EU) 2016/954 of 9 June 2016 authorising enhanced cooperation in the area of jurisdiction, applicable law and the recognition and enforcement of decisions on the property regimes of international couples, covering both matters of matrimonial property regimes and the property consequences of registered partnerships (OJ L 159, 16.6.2016, p. 16).
ANNEX III