ISSN 1977-0677

Official Journal

of the European Union

L 182

European flag  

English edition

Legislation

Volume 58
10 July 2015


Contents

 

II   Non-legislative acts

page

 

 

INTERNATIONAL AGREEMENTS

 

*

Agreement between the European Union and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

1

 

 

REGULATIONS

 

*

Council Implementing Regulation (EU) 2015/1112 of 9 July 2015 implementing Articles 20(1) and 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan

2

 

*

Commission Delegated Regulation (EU) 2015/1113 of 6 May 2015 amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

10

 

*

Commission Implementing Regulation (EU) 2015/1114 of 9 July 2015 concerning the authorisation of L-valine produced by Escherichia coli as a feed additive for all animal species and amending Regulation (EC) No 403/2009 and Implementing Regulations (EU) No 848/2014 and (EU) No 1236/2014 ( 1 )

18

 

*

Commission Implementing Regulation (EU) 2015/1115 of 9 July 2015 renewing the approval of the active substance pyridate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

22

 

*

Commission Implementing Regulation (EU) 2015/1116 of 9 July 2015 approving the basic substance lecithins, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011 ( 1 )

26

 

 

Commission Implementing Regulation (EU) 2015/1117 of 9 July 2015 establishing the standard import values for determining the entry price of certain fruit and vegetables

29

 

 

DECISIONS

 

*

Council Implementing Decision (CFSP) 2015/1118 of 9 July 2015 implementing Decision 2015/740/CFSP concerning restrictive measures in view of the situation in South Sudan

31

 

*

Commission Implementing Decision (EU) 2015/1119 of 22 June 2015 excluding from European Union financing certain expenditure incurred by the Member States under the European Agricultural Guarantee Fund (EAGF) and under the European Agricultural Fund for Rural Development (EAFRD) (notified under document C(2015) 4076)

39

 

*

Commission Implementing Decision (EU) 2015/1120 of 8 July 2015 exempting exploration for oil and gas in Greece from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (notified under document C(2015) 4512)  ( 1 )

88

 


 

(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

INTERNATIONAL AGREEMENTS

10.7.2015   

EN

Official Journal of the European Union

L 182/1


AGREEMENT

between the European Union and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters

According to Article 4 of the Agreement of 19 October 2005 between the European Union and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (1) (hereinafter ‘the Agreement’), concluded by Council Decision 2006/325/EC (2), whenever implementing measures are adopted pursuant to Article 74(2) of Council Regulation (EC) No 44/2001 (3), Denmark's decision on whether or not to implement the content of such measures shall be notified to the Commission.

In accordance with Article 3(2) of the Agreement, Denmark has, by letter of 14 January 2009, notified the Commission of its decision to implement the content of Council Regulation (EC) No 4/2009 (4) to the extent that it amends Regulation (EC) No 44/2001 (‘the Brussels I Regulation’) (5).

Regulation (EC) No 44/2001 was repealed and replaced by Regulation (EU) No 1215/2012 of the European Parliament and of the Council (6). In accordance with Article 3(2) of the Agreement, Denmark has, by letter of 20 December 2012, notified the Commission of its decision to implement the contents of Regulation (EU) No 1215/2012 (7).

Commission Implementing Regulation (EU) 2015/228 (8) was adopted on 17 February 2015. In accordance with Article 3(2) of the Agreement, Denmark has, by letter of 22 April 2015, notified the Commission of its decision to implement the contents of Implementing Regulation (EU) 2015/228.

In accordance with Article 4(4) of the Agreement, the Danish notification creates mutual obligations between Denmark and the European Union. Thus, Implementing Regulation (EU) 2015/228 constitutes an amendment to the Agreement to the extent that it amends Regulation (EC) No 44/2001 (replaced by Regulation (EU) No 1215/2012), as amended by Regulation (EC) No 4/2009, and is considered annexed thereto.

With reference to Article 4(3) of the Agreement, implementation of Implementing Regulation (EU) 2015/228 in Denmark can take place administratively under Section 9(a)(1) of the Danish Law No 1563 of 20 December 2006 on the Brussels I Regulation. The necessary administrative measures entered into force on 22 April 2015.


(1)  Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 299, 16.11.2005, p. 62).

(2)  Council Decision 2006/325/EC of 27 April 2006 concerning the conclusion of the Agreement between the European Community and the Kingdom of Denmark on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 120, 5.5.2006, p. 22).

(3)  Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 12, 16.1.2001, p. 1).

(4)  Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1).

(5)   OJ L 149, 12.6.2009, p. 80.

(6)  Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ L 351, 20.12.2012, p. 1).

(7)   OJ L 79, 21.3.2013, p. 4.

(8)  Commission Implementing Regulation (EU) 2015/228 of 17 February 2015 replacing Annexes I to VII to Council Regulation (EC) No 4/2009 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 49, 20.2.2015, p. 1).


REGULATIONS

10.7.2015   

EN

Official Journal of the European Union

L 182/2


COUNCIL IMPLEMENTING REGULATION (EU) 2015/1112

of 9 July 2015

implementing Articles 20(1) and 22(1) of Regulation (EU) 2015/735 concerning restrictive measures in respect of the situation in South Sudan

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to Council Regulation (EU) 2015/735 of 7 May 2015 concerning restrictive measures in respect of the situation in South Sudan, and repealing Regulation (EU) No 748/2014 (1), and in particular Articles 20(1) and 22(1) thereof,

Whereas:

(1)

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

(2)

On 1 July 2015, the Sanctions Committee established pursuant to paragraph 16 of United Nations Security Council Resolution 2206 (2015) included six persons on the list of persons and entities subject to the measures imposed by paragraph 12 of that Resolution.

(3)

The names of the two persons listed in Annex II to Regulation (EU) 2015/735 should be removed from that Annex because of their designation by the UN Security Council Committee and should therefore be added to Annex I to that Regulation.

(4)

Annexes I and II to Regulation (EU) 2015/735 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EU) 2015/735 is replaced by the Annex to this Regulation.

Article 2

The following names are removed from Annex II to Regulation (EU) 2015/735, as are the related entries:

1.

Santino DENG

2.

Peter GADET

Article 3

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, 9 July 2015.

For the Council

The President

J. ASSELBORN


(1)   OJ L 117, 8.5.2015, p. 13.


ANNEX

‘ANNEX I

LIST OF NATURAL AND LEGAL PERSONS, ENTITIES AND BODIES REFERRED TO IN ARTICLE 5(1)

A.   NATURAL PERSONS

1.    Gabriel JOK RIAK (alias: a) Gabriel Jok b) Jok Riak c) Jock Riak)

Designation: Sudan People's Liberation Army's (SPLA) Sector One Commander Date of Birth:1966 Place of Birth: Bor, Sudan/South Sudan Nationality: South Sudan Address: a) Unity State,South Sudan b) Wau, Western Bahr El Ghazal, South Sudan Listed on: 1 Jul. 2015 Other information: Has 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.

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”.

Additional information

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, authorised 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 armoured 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 armoured 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 mobilising as many as 1 000 Dinka youths to supplement traditional SPLA forces.

2.    Simon Gatewech DUAL (alias a.k.a.: a) Simon Gatwich Dual b) Simon Getwech Dual c) Simon Gatwec Duel d) Simon Gatweach e) Simon Gatwick f) Simon Gatwech g) Simon Garwich h) General Gaduel i) Dhual Designation: Chief of General Staff, SPLA in Opposition Date of Birth: 1953 Place of Birth: a) Akobo, Jonglei State, Sudan/South Sudan b) Uror County, Jonglei State, Sudan/South Sudan Address: Jonglei State, Sudan/South Sudan Date of UN designation: 1 Jul. 2015

Other information: Is the SPLM-IO Chief of General Staff and was previously the commander of opposition forces in Jonglei State. His forces conducted an early February 2015 attack in Jonglei State, and as of March 2015, he had tried to destroy the peace in Jonglei State through attacks on the civilian population.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Simon Gatwech Dual was listed on 1 July 2015 pursuant to paragraphs 6, 7(a), 7(d), and 8 of resolution 2206 (2015) as, “responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan;” “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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;” 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”.

Additional information

Simon Gatwech Dual (Gatwech Dual) has engaged in actions or policies that threaten the peace, security or stability of South Sudan and is a leader of the Sudan People's Liberation Movement in Opposition (SPLM-IO), an entity that has engaged in: actions that threaten the peace, security or stability of South Sudan; and targeted civilians, including women and children, through the commission of acts of violence.

Gatwech Dual is the SPLM-IO Chief of General Staff and was previously the commander of opposition forces in Jonglei State.

In 2014 to 2015, Gatwech Dual had a large number of troops under his command and operated somewhat autonomously in leading attacks. Gatwech Dual oversees the deployment of SPLM-IO and likely the deployment of some White Army (a Nuer youth militia) forces as well.

In late April 2014, forces under Gatwech Dual's overall command were gaining territory in Jonglei State as they marched on the state capital of Bor. Gatwech Dual may have used the news of the April 17, 2014 attack on Nuer internally displaced persons at the UN compound in Bor to incite his troops to seek revenge. The IGAD Monitoring and Verification Mechanism in Upper Nile, Unity and Jonglei states also cited forces under Gatwech Dual in its August 14, 2014 summary of ceasefire violations.

Gatwech Dual's forces conducted an early February 2015 attack in Jonglei State. As of March 2015, Gatwech Dual had tried to destroy the peace in Jonglei State through attacks on the civilian population.

In late April 2015, Gatwech Dual was involved in planning and coordinating surprise attacks against South Sudanese government forces in Upper Nile State. The IGAD Monitoring and Verification Mechanism summary report of cessation of hostilities violations from May 12-31, 2015 lists breaches by opposition forces under Gatwech's control, including an attack on government forces in Ayod.

SPLM-IO forces under Gatwech Dual's command targeted women, children and civilians. Gatwech Dual reportedly ordered units under his command to kill Dinka prisoners of war (POWs), women, and children, and officers under his command stated that opposition forces should not make any distinctions between different Dinka tribes and should kill all of them.

3.    James Koang CHUOL (alias: a) James Koang Chol Ranley b) James Koang Chol c) Koang Chuol Ranley d) James Koang Chual Date of Birth: 1961 Nationality: South Sudan Passport no: R00012098, South Sudan Date of UN designation: 1 Jul. 2015

Other information: Appointed commander of the Sudan People's Liberation Army in Opposition (SPLAIO) Special Division in December 2014. His forces have been engaged in attacks against civilians. In February 2014, forces under his command attacked United Nations camps, hospitals, churches, and schools, engaging in widespread rape, torture, and the destruction of property, in an attempt to flush out civilians, soldiers, and policemen allied with the government.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

James Koang Chuol (Koang) was listed on 1 July 2015 pursuant to paragraphs 6, 7(a), 7(d) and 8 of resolution 2206 (2015) as, “responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan”; “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”; “targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”.

Additional information

James Koang Chuol (Koang) has threatened the peace, security, or stability of South Sudan in his position as a leader of anti-government forces in Unity State, South Sudan, whose members targeted civilians, including women and children, with killing, sexual violence, and committed attacks on schools, hospitals, religious sites, and locations where civilians were seeking refuge.

Koang defected from his position as the Sudan People's Liberation Army (SPLA) Fourth Division commander in December 2013. Taking orders from Koang, defecting soldiers executed as many as 260 of their on-base counterparts before targeting and killing civilians in the state capital of Bentiu.

Koang was appointed commander of the Sudan People's Liberation Army in Opposition (SPLA-IO) Special Division in December 2014. In his new position, Koang led attacks on government forces in Upper Nile State's Renk and Maban counties in January 2015 that were cited by the Intergovernmental Authority on Development Monitoring and Verification Mechanism as violations of the CoHA.

In February 2014, after Koang was given command of anti-government forces in Unity State, those forces attacked United Nations camps, hospitals, churches, and schools, engaging in widespread rape, torture, and the destruction of property, in an attempt to flush out civilians, soldiers, and policemen allied with the government. On April 14-15, 2014, Koang's forces captured Bentiu after heavy fighting and engaged in attacks against civilians. In separate incidents at a Bentiu mosque, church, and abandoned food compound, forces separated civilians who were taking shelter by their ethnicity and nationality before engaging in targeted killings, leaving at least 200 dead and 400 wounded. In mid-September 2014, Koang reportedly ordered his forces to target Dinka civilians during an attack in Upper Nile State.

4.    Santino Deng WOL (Alias: a) Santino Deng Wuol b) Santino Deng Kuol

Title: Major General Designation: Commander of the SPLA's Third Division Date of Birth: 9 Nov. 1962 Place of Birth: Aweil, Sudan/South Sudan Date of UN designation: 1 Jul. 2015 Other information: Has led and directed military actions against opposition forces and conducted confrontational troop movements in violation of the CoHA. During May 2015, forces under his command killed children, women and old men, burned property, and stole livestock as they advanced through Unity State towards Thorjath oil field.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Santino Deng Wol was listed on 1 July 2015 pursuant to paragraphs 7(a), 7(d) 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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”.

Additional information

Santino Deng Wol (Deng Wol) is a Sudan People's Liberation Army (SPLA) Major General and commander of the SPLA's Third Division, 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.

Deng Wol led and directed military actions against opposition forces and conducted confrontational troop movements in violation of the CoHA.

Soon after negotiators from both sides agreed to cease hostilities, DENG WOL prepared his forces to advance on the Unity State town of Leer. They subsequently ambushed and shelled rebel fighters near Leer.

In mid-April 2014, Deng Wol's forces reportedly prepared to recapture Bentiu from anti-government forces. Later that month, Deng Wol's forces captured Mayom following a fierce battle in which they killed over 300 opposition forces. Then, in early May 2014, Deng Wol's forces captured Tor Abyad, killing opposition forces in the process. Shortly thereafter, SPLA forces, including Deng Wol's forces, attacked and recaptured the Unity State town of Wang Kai. Deng Wol authorised his forces to kill anyone carrying weapons or hiding in homes, and ordered them to burn any homes containing opposition supporters.

Deng Wol's SPLA Third Division participated in the April-May 2015 offensive in Unity State, during which the SPLA launched a coordinated offensive to take opposition strongholds in Mayom, Guit, Koch, Mayendit, and Leer counties. Deng Wol's forces killed children, women and old men, burned property, and stole livestock as they advanced through Unity State towards Thorjath oil field during May 2015. Additionally, early that month, Deng Wol reportedly pushed for the execution of captured opposition soldiers.

5.    Marial Chanuong Yol MANGOK (Alias: a) Marial Chinuong b) Marial Chan c) Marial Chanoung Yol d) Marial Chinoum Designation: a) Sudan People's Liberation Army Major General b) Commander, Presidential Guard Unit Date of Birth: 1 Jan. 1960 Place of Birth: Yirol, Lakes State Nationality: South Sudan Passport no: R00005943,South Sudan

Date of UN designation: 1 Jul. 2015 Other information: His Presidential Guard led the slaughter of Nuer civilians in and around Juba, many who were buried in mass graves. One such grave was purported to contain 200-300 civilians

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Marial Chanuong Yol Mangok was listed on 1 July 2015 pursuant to paragraphs 7(a), 7(c), 7(d) 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;” “planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in South Sudan”; “targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”.

Additional information

Mangok is the commander of the South Sudanese Government's Presidential Guard, which led the operations in Juba following the fighting that began December 15, 2013. He executed orders to disarm Nuer soldiers and then ordered the use of tanks to target political figures in Juba, killing 22 unarmed bodyguards of opposition leader Riek Machar and seven bodyguards of former Minister of the Interior Gier Chuang Aluong.

In the initial operations in Juba, by numerous and credible accounts, Mangok's Presidential Guard led the slaughter of Nuer civilians in and around Juba, many who were buried in mass graves. One such grave was purported to contain 200-300 civilians.

6.    Peter GADET ( alias: a) Peter Gatdet Yaka b) Peter Gadet Yak c) Peter Gadet Yaak d) Peter Gatdet Yaak e) Peter Gatdet f) Peter Gatdeet Yaka

Date of Birth: Between 1957 and 1959 Place of Birth: a) Mayom County Unity State b) Mayan, Unity State Date of UN designation: 1 Jul. 2015

Other information: Appointed the SPLA-IO's Deputy Chief of Staff for Operations on December 21, 2014. Forces under his command targeted civilians, including women, in April 2014 during an assault on Bentiu, including targeted killings on the basis of ethnicity.

Peter Gadet was listed on 1 July 2015 pursuant to paragraphs 7(a), 7(d), 7(e) 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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; “the recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan”; 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”.

Additional information

Peter Gadet is the commander of Sudan People's Liberation Army in Opposition (SPLA-IO) forces that have engaged in actions that have extended the conflict in South Sudan, including breaches of the January 2014 Cessation of Hostilities Agreement (CoHA).

Forces led by Gadet attacked and captured Kaka, Upper Nile State from the Sudan People's Liberation Army (SPLA) in late March 2014. Gadet was subsequently transferred from Jonglei State to Bentiu, where he was named military governor of Unity State, to assist the anti-government forces' efforts to mobilise the predominantly Bol Nuer population. Subsequently, Gadet led SPLA-IO attacks in Unity State. Gadet's forces were responsible for damaging a partially constructed oil refinery in Unity State being built by a Russian firm. Gadet's forces also took control of the Tor Abyad and Kilo 30 areas in Unity State's oil fields.

As of mid-April 2014, 50 000 anti-government forces troops surrounded Malakal in preparation for an assault on Bentiu. On April 15, 2014, Gadet's forces attacked and took control of Bentiu, before subsequently losing control of the city. Forces led by Gadet targeted civilians, including women, in April 2014 during the assault on Bentiu, including targeted killings on the basis of ethnicity.

In June 2014, Peter Gadet issued a directive to SPLA-IO commanders to recruit youths in all of the rebel-held counties.

From October 25-29, 2014, forces under Gadet's command surrounded and attacked Bentiu and Rubkona, briefly seizing the city of Bentiu on October 29 before withdrawing.

On December 21, 2014, Gadet was appointed the SPLA-IO's Deputy Chief of Staff for Operations. Subsequent to this appointment, SPLA-IO forces were cited by the IGAD Monitoring and Verification Mechanism for multiple violations of the CoHA in Unity, Upper Nile, and Jonglei States.

B.   LEGAL PERSONS, ENTITIES AND BODIES’


10.7.2015   

EN

Official Journal of the European Union

L 182/10


COMMISSION DELEGATED REGULATION (EU) 2015/1113

of 6 May 2015

amending Council Regulation (EC) No 1236/2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 1236/2005 of 27 June 2005 concerning trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment (1), and in particular Article 12 thereof,

Whereas:

(1)

Annex I to Regulation (EC) No 1236/2005 lists the competent authorities to which specific functions related to the implementation of that Regulation are attributed.

(2)

Belgium, Bulgaria, Denmark, Germany, Estonia, Ireland, Spain, France, Croatia, Latvia, Lithuania, Austria, Portugal, Romania, Slovakia, Finland and the United Kingdom have requested that the information concerning their competent authorities be amended.

(3)

It is appropriate to publish the full updated list of competent authorities. Regulation (EC) No 1236/2005 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 1236/2005 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.

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

Done at Brussels, 6 May 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 200, 30.7.2005, p. 1.


ANNEX

‘ANNEX I

List of authorities referred to in Articles 8 and 11 and address for notifications to the European Commission

A.   Authorities of the Member States

BELGIUM

Federale Overheidsdienst Economie, K.M.O., Middenstand en Energie

Algemene Directie Economische Analyses en Internationale Economie

Dienst Vergunningen

Vooruitgangstraat 50

B-1210 Brussel

BELGIË

Service public fédéral économie, PME, classes moyennes et énergie

Direction générale des Analyses économiques et de l'Economie internationale

Service licences

Rue du Progrès 50

B-1210 Bruxelles

BELGIQUE

Tel. +32 22776713, +32 22775459

Fax +32 22775063

E-mail: frieda.coosemans@economie.fgov.be

johan.debontridder@economie.fgov.be

BULGARIA

Министерство на икономиката

ул. “Славянска” № 8

1052 София/Sofia

БЪЛГАРИЯ/BULGARIA

Ministry of Economy

8, Slavyanska Str.

1052 Sofia

BULGARIA

Tel. +359 29407771

Fax +359 29880727

E-mail: exportcontrol@mi.government.bg

CZECH REPUBLIC

Ministerstvo průmyslu a obchodu

Licenční správa

Na Františku 32

110 15 Praha 1

ČESKÁ REPUBLIKA

Tel. +420 224907638

Fax +420 224214558

E-mail: dual@mpo.cz

DENMARK

Annex III, No 2 and 3

Justitsministeriet

Slotsholmsgade 10

DK-1216 København K

DANMARK

Tel. +45 72268400

Fax +45 33933510

E-mail: jm@jm.dk

Annex II and Annex III, No 1 and 4

Erhvervs- og Vækstministeriet

Erhvervsstyrelsen

Eksportkontrol

Langelinie Allé 17

DK-2100 København Ø

DANMARK

Tel. +45 35291000

Fax +45 35291001

E-mail: eksportkontrol@erst.dk

GERMANY

Bundesamt für Wirtschaft und Ausfuhrkontrolle (BAFA)

Frankfurter Straße 29—35

D-65760 Eschborn

DEUTSCHLAND

Tel. +49 6196 908 2217

Fax +49 6196 908 1800

E-mail: ausfuhrkontrolle@bafa.bund.de

ESTONIA

Strateegilise kauba komisjon

Islandi väljak 1

15049 Tallinn

EESTI/ESTONIA

Tel. +372 6377192

Fax +372 6377199

E-mail: stratkom@vm.ee

IRELAND

Licensing Unit

Department of Jobs, Enterprise and Innovation

23 Kildare Street

Dublin 2

ÉIRE

Tel. +353 16312121

Fax +353 16312562

E-mail: exportcontrol@djei.ie

GREECE

Υπουργείο Ανάπτυξης, Ανταγωνιστικότητας, Υποδομών, Μεταφορών και Δικτύων

Γενική Διεύθυνση Διεθνούς Οικονομικής Πολιτικής

Διεύθυνση Καθεστώτων Εισαγωγών-Εξαγωγών, Εμπορικής Άμυνας

Ερμού και Κορνάρου 1,

GR-105 63 Αθήνα/Athens

ΕΛΛΑΔΑ/GREECE

Ministry of Development, Competitiveness, Infrastructure, Transport and Networks

General Directorate for International Economic Policy

Directorate of Import-Export Regimes, Trade Defence Instruments

Ermou and Kornarou 1,

GR-105 63 Athens

GREECE

Tel. +30 2103286021-22, +30 2103286051-47

Fax +30 2103286094

E-mail: e3a@mnec.gr, e3c@mnec.gr

SPAIN

Subdirección General de Comercio Internacional de Material de Defensa y Doble Uso

Secretaría de Estado de Comercio

Ministerio de Economía y Competitividad

Paseo de la Castellana 162, planta 7

E-28046 Madrid

ESPAÑA

Tel.: +34 913492587

Fax: +34 913492470

E-mail: sgdefensa.sscc@comercio.mineco.es

FRANCE

Ministère des finances et des comptes publics

Direction générale des douanes et droits indirects

Bureau E2

11 Rue des Deux Communes

F-93558 Montreuil Cedex

FRANCE

Tel.: +33 1 57 53 43 98

Fax: + 33 1 57 53 48 32

E-mail: dg-e2@douane.finances.gouv.fr

CROATIA

Ministarstvo vanjskih i europskih poslova

Samostalni sektor za trgovinsku politiku i gospodarsku multilateralu

Trg Nikole Šubića Zrinskog 7-8

10 000 Zagreb

Republika Hrvatska

Tel. +385 1 6444 625 (626)

Fax + 385 1 6444 601

ITALY

Ministero dello Sviluppo Economico

Direzione Generale per la Politica Commerciale Internazionale

Divisione IV

Viale Boston, 25

00144 Roma

ITALIA

Tel. +39 0659932439

Fax +39 0659647506

E-mail: polcom4@mise.gov.it

CYPRUS

Υπουργείο Εμπορίου, Βιομηχανίας και Τουρισμού

Υπηρεσία Εμπορίου

Μονάδα Έκδοσης Αδειών Εισαγωγών/Εξαγωγών

Ανδρέα Αραούζου 6

CY-1421 Λευκωσία

ΚΥΠΡΟΣ/CYPRUS

Ministry of Commerce, Industry and Tourism

Trade Service

Import/Export Licensing Unit

6 Andreas Araouzos Street

CY-1421 Nicosia

CYPRUS

Tel. +357 22867100, +357 22867197

Fax +357 22375443

E-mail: pevgeniou@mcit.gov.cy

LATVIA

Ārlietu ministrija

K. Valdemāra iela 3

LV-1395 Rīga

LATVIJA

Tel. +371 67016426

Fax +371 67828121

E-mail: mfa.cha@mfa.gov.lv

LITHUANIA

Annex II and Annex III, Nos 1, 2, 3 and 5:

Policijos departamento prie Vidaus reikalų ministerijos

Viešosios policijos valdybos Licencijavimo skyrius

Saltoniškių g. 19

LT-08105 Vilnius

LIETUVA/LITHUANIA

Tel.: +370 82719767

Fax: +370 52719976

E-mail: leidimai.pd@policija.lt

Annex III, No 4

Valstybinė vaistų kontrolės tarnyba prie Lietuvos Respublikos sveikatos apsaugos ministerijos

Žirmūnų g. 139 A,

LT-09120 Vilnius

LIETUVA/LITHUANIA

Tel.: +370 852639264

Fax: +370 852639265

E-mail: vvkt@vvkt.lt

LUXEMBOURG

Ministère de l'Economie

Office des Licences

19-21, boulevard Royal

L-2449 Luxembourg

BP 113/L-2011 Luxembourg

Luxembourg

Tel.: +352 22 61 62

Fax: +352 46 61 38

E-mail: office.licences@eco.etat.lu

HUNGARY

Magyar Kereskedelmi Engedélyezési Hivatal

Németvölgyi út 37-39

H-1124 Budapest

MAGYARORSZÁG/HUNGARY

Tel. +36 14585599

Fax +36 14585885

E-mail: armstrade@mkeh.gov.hu

MALTA

Dipartiment tal-Kummerċ

Servizzi ta' Kummerċ

Lascaris

Valletta VLT2000

MALTA

Commerce Department

Trade Services

Lascaris

Valletta VLT2000

MALTA

Tel. +356 21242270

Fax +356 25690286

NETHERLANDS

Ministerie van Buitenlandse Zaken

Directoraat-Generaal Buitenlandse Economische Betrekkingen

Directie Internationale Marktordening en Handelspolitiek

Bezuidenhoutseweg 67

Postbus 20061

2500 EB Den Haag

NEDERLAND

Tel. +31 703485954, +31 703484652

AUSTRIA

Bundesministerium für Wissenschaft, Forschung und Wirtschaft

Abteilung “Außenwirtschaftskontrolle” C2/9

Stubenring 1

A-1011 Wien

ÖSTERREICH

Tel. +43 1711008341

Fax +43 1711008366

E-mail: post.c29@bmwfw.gv.at

POLAND

Ministerstwo Gospodarki

Departament Handlu i Usług

Plac Trzech Krzyży 3/5

00-507 Warszawa

POLSKA/POLAND

Tel. +48 226935553

Fax +48 226934021

E-mail: SekretariatDHU@mg.gov.pl

PORTUGAL

Ministério das Finanças

AT- Autoridade Tributária e Aduaneira

Direcção de Serviços de Licenciamento

Rua da Alfândega, n.5, r/c

P-1149-006 Lisboa

PORTUGAL

Tel. +351 218813843

Fax +351 218813986

E-mail: dsl@at.gov.pt

ROMANIA

Ministerul Economiei, Comerțului și Turismului

Departamentul pentru Comerț Exterior și Relații Internaționale

Direcția Politici Comerciale

Calea Victoriei nr. 152

București, sector 1

Cod poștal 010096

ROMÂNIA

Tel. 0040214010552, 0040214010504, 0040214010507

Fax 0040214010568, 0040213150454

E-mail: adrian.berezintu@dce.gov.ro

SLOVENIA

Ministrstvo za gospodarski razvoj in tehnologijo

Direktorat za turizem in internacionalizacijo

Kotnikova 5

1000 Ljubljana

Republika Slovenija

Tel. +386 14003521

Fax +386 14003611

SLOVAKIA

Ministerstvo hospodárstva Slovenskej republiky

Odbor výkonu obchodných opatrení

Mierová 19

827 15 Bratislava

SLOVENSKO

Tel. +421 248542163

Fax +421 243423915

E-mail: lucia.filipkova@economy.gov.sk

FINLAND

Sisäministeriö

Poliisiosasto

PL 26

FI-00023 VALTIONEUVOSTO

FINLAND

Inrikesministeriet

Polisavdelningen

PB 26

FI-00023 STATSRÅDET

SUOMI/FINLAND

Tel. +358 295 480 171

Fax +358 9 160 44635

E-mail: kirjaamo@intermin.fi

SWEDEN

Kommerskollegium

PO Box 6803

SE-113 86 Stockholm

SVERIGE

Tel. +46 86904800

Fax +46 8306759

E-mail: registrator@kommers.se

UNITED KINGDOM

Import of goods listed in Annex II:

Department for Business, Innovation and Skills (BIS)

Import Licensing Branch (ILB)

E-mail: enquiries.ilb@bis.gsi.gov.uk

Export of goods listed in Annexes II or III, and supply of technical assistance related to goods listed in Annex II as referred to in Articles 3(1) and (4)(1):

Department for Business, Innovation and Skills (BIS)

Export Control Organisation

1 Victoria Street

London

SW1H 0ET

UNITED KINGDOM

Tel.: +44 2072154594

Fax: +44 2072152635

E-mail: eco.help@bis.gsi.gov.uk

B.   Address for notifications to the European Commission

European Commission

Service for Foreign Policy Instruments

Office EEAS 02/309

B-1049 Bruxelles/Brussel

BELGIUM

E-mail: relex-sanctions@ec.europa.eu’


10.7.2015   

EN

Official Journal of the European Union

L 182/18


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1114

of 9 July 2015

concerning the authorisation of L-valine produced by Escherichia coli as a feed additive for all animal species and amending Regulation (EC) No 403/2009 and Implementing Regulations (EU) No 848/2014 and (EU) No 1236/2014

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition (1), and in particular Article 9(2) and Article 13(2) thereof,

Whereas:

(1)

Regulation (EC) No 1831/2003 provides for the authorisation of additives for use in animal nutrition and for the grounds and procedures for granting and modifying such authorisation.

(2)

In accordance with Article 7 of Regulation (EC) No 1831/2003 two applications were submitted for the authorisation of L-valine. These applications were accompanied by the particulars and documents required under Article 7(3) of Regulation (EC) No 1831/2003.

(3)

The applications concern the authorisation of L-valine produced by Escherichia coli NITE SD 00066 and L-valine produced by Escherichia coli NITE BP-01755 as a feed additive for all animal species, to be classified in the additive category ‘nutritional additives’.

(4)

The European Food Safety Authority (‘the Authority’) concluded in its opinions of 9 December 2014 (2) and of 29 April 2015 (3) that, under the proposed conditions of use, the L-valine produced by Escherichia coli NITE SD 00066 and by Escherichia coli NITE BP-01755 does not have an adverse effect on animal health, human health or the environment and that it is considered an efficacious source of the essential amino acid L-valine for animal nutrition. The Authority does not consider that there is a need for specific requirements of post-market monitoring. It also verified the report on the method of analysis of the feed additive in feed submitted by the Reference Laboratory set up by Regulation (EC) No 1831/2003.

(5)

The assessment of that substance shows that the conditions for authorisation, as provided for in Article 5 of Regulation (EC) No 1831/2003, are satisfied. Accordingly, the use of that substance should be authorised as specified in the Annex to this Regulation.

(6)

Commission Regulation (EC) No 403/2009 (4), and Commission Implementing Regulations (EU) No 848/2014 (5) and (EU) No 1236/2014 (6) authorised L-valine as nutritional feed additive. In order to clarify that these additives have the same purity and do not contain residues of the producing microorganisms, their identification number should be harmonised even if they are produced from different microorganisms.

(7)

As a consequence, the requirement to label L-valine in feed materials and compound feed together with the identification number is obsolete.

(8)

Therefore, Regulation (EC) No 403/2009 and Implementing Regulations (EU) No 848/2014 and (EU) No 1236/2014 should be amended accordingly.

(9)

Since safety reasons do not require the immediate application of the modifications to the conditions of authorisation, it is appropriate to allow a transitional period for interested parties to prepare themselves to meet the new requirements resulting from the authorisation.

(10)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Authorisation

The substance specified in the Annex, belonging to the additive category ‘nutritional additives’ and to the functional group ‘amino acids, their salts and analogues’, is authorised as an additive in animal nutrition subject to the conditions laid down in that Annex.

Article 2

Amendments to Regulation (EC) No 403/2009

The Annex to Regulation (EC) No 403/2009 is amended as follows:

(1)

in the first column, the text ‘3c3.7.1’ is replaced by the text ‘3c370’;

(2)

in the ninth column, the second paragraph is deleted.

Article 3

Amendment to Implementing Regulation (EU) No 848/2014

In the ninth column of the Annex to Implementing Regulation (EU) No 848/2014, the second paragraph is deleted.

Article 4

Amendments to Implementing Regulation (EU) No 1236/2014

The Annex to Implementing Regulation (EU) No 1236/2014 is amended as follows:

(1)

in the first column, the text ‘3c369’ is replaced by the text ‘3c370’;

(2)

in the ninth column, the third paragraph is deleted.

Article 5

Transitional measures

1.   L-valine authorised in Regulation (EC) No 403/2009 and Implementing Regulations (EU) No 848/2014 and (EU) No 1236/2014 and premixtures containing them, which are produced and labelled before 30 January 2016 in accordance with the rules applicable before 30 July 2015 may continue to be placed on the market and used until the existing stocks are exhausted.

2.   Feed materials and compound feed containing the substance specified in paragraph 1 which are produced and labelled before 30 July 2016 in accordance with the rules applicable before 30 July 2015 may continue to be placed on the market and used until the existing stocks are exhausted. As regards feed intended for non-food producing animals, the time period for production and labelling referred to in the first sentence shall end 30 July 2017.

Article 6

Entry into force

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

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

Done at Brussels, 9 July 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 268, 18.10.2003, p. 29.

(2)   EFSA Journal 2015; 13(1):3965.

(3)   EFSA Journal 2015; 13(5):4110.

(4)  Commission Regulation (EC) No 403/2009 of 14 May 2009 concerning the authorisation of a preparation of L-valine as a feed additive (OJ L 120, 15.5.2009, p. 3).

(5)  Commission Implementing Regulation (EU) No 848/2014 of 4 August 2014 concerning the authorisation of L-valine produced by Corynebacterium glutamicum as a feed additive for all animal species and amending Regulation (EC) No 403/2009 as regards the labelling of the feed additive L-valine (OJ L 232, 5.8.2014, p. 13).

(6)  Commission Implementing Regulation (EU) No 1236/2014 of 18 November 2014 concerning the authorisation of L-valine produced by Corynebacterium glutamicum (DSM 25202) as a feed additive for all animal species (OJ L 332, 19.11.2014, p. 26).


ANNEX

Identification number of the additive

Name of the holder of authorisation

Additive

Composition, chemical formula, description, analytical method.

Species or category of animal

Maximum age

Minimum content

Maximum content

Other provisions

End of period of authorisation

mg/kg of complete feed with a moisture content of 12 %

Category of nutritional additives. Functional group: amino acids, their salts and analogues

3c370

L-valine

Additive composition

L-valine minimum 98 % (on a dry matter basis)

Characterisation of the active substance

L-valine ((2S)-2-amino-3-methylbutanoic acid) produced by fermentation with Escherichia coli NITE SD 00066 or Escherichia coli NITE BP-01755

Chemical formula: C5H11NO2

CAS number: 72-18-4

Analytical method  (1)

For the determination of L-valine in the feed additive: Food Chemical Codex ‘L-valine monograph’.

For the determination of valine in premixtures, compound feed and feed materials:

Ion exchange chromatography coupled with post-column derivatisation and spectrophotometric detection (HPLC/VIS) — Commission Regulation (EC) No 152/2009 (2).

All species

 

 

1.

The moisture content shall be indicated on the labelling.

2.

For user safety: breathing protection, safety glasses and gloves shall be used during handling.

30 July 2025


(1)  Details of the analytical methods are available at the following address of the Reference Laboratory: https://ec.europa.eu/jrc/en/eurl/feed-additives/evaluation-reports

(2)   OJ L 54, 26.2.2009, p. 1.


10.7.2015   

EN

Official Journal of the European Union

L 182/22


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1115

of 9 July 2015

renewing the approval of the active substance pyridate in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 20(1) thereof,

Whereas:

(1)

The approval of the active substance pyridate, as set out in Part A of the Annex to Commission Implementing Regulation (EU) No 540/2011 (2), expires on 31 December 2015.

(2)

An application for the renewal of the inclusion of pyridate in Annex I to Council Directive 91/414/EEC (3) was submitted in accordance with Article 4 of Commission Regulation (EU) No 1141/2010 (4) within the time period provided for in that Article.

(3)

The applicant submitted the supplementary dossiers required in accordance with Article 9 of Regulation (EU) No 1141/2010. The application was found to be complete by the rapporteur Member State.

(4)

The rapporteur Member State prepared a renewal assessment report in consultation with the co-rapporteur Member State and submitted it to the European Food Safety Authority (hereinafter ‘the Authority’) and the Commission on 11 June 2013.

(5)

The Authority communicated the renewal assessment report to the applicant and to the Member States for comments and forwarded the comments received to the Commission. The Authority also made the supplementary summary dossier available to the public.

(6)

On 22 July 2014 (5) the Authority communicated to the Commission its conclusion on whether pyridate can be expected to meet the approval criteria provided for in Article 4 of Regulation (EC) No 1107/2009. The Commission presented the draft review report for pyridate to the Standing Committee on Plants, Animals, Food and Feed on 11 December 2014.

(7)

It has been established with respect to one or more representative uses of at least one plant protection product containing the active substance that the approval criteria provided for in Article 4 are satisfied. Those approval criteria are therefore deemed to be satisfied.

(8)

It is therefore appropriate to renew the approval of pyridate.

(9)

The risk assessment for the renewal of the approval of pyridate is based on a limited number of representative uses, which however do not restrict the uses for which plant protection products containing pyridate may be authorised. It is therefore appropriate not to maintain the restriction to uses as a herbicide.

(10)

In accordance with Article 20(3) of Regulation (EC) No 1107/2009, in conjunction with Article 13(4) thereof, the Annex to Implementing Regulation (EU) No 540/2011 should be amended accordingly.

(11)

This Regulation should apply from the day after the date of expiry of the approval of the active substance pyridate, as referred to in recital 1.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Renewal of the approval of active substance

The approval of the active substance pyridate, as specified in Annex I, is renewed subject to the conditions laid down in that Annex.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

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

Article 3

Entry into force and date of application

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

It shall apply from 1 January 2016.

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

Done at Brussels, 9 July 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 309, 24.11.2009, p. 1.

(2)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).

(3)  Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (OJ L 230, 19.8.1991, p. 1).

(4)  Commission Regulation (EU) No 1141/2010 of 7 December 2010 laying down the procedure for the renewal of the inclusion of a second group of active substances in Annex I to Council Directive 91/414/EEC and establishing the list of those substances (OJ L 322, 8.12.2010, p. 10).

(5)  EFSA Journal 2014; 12(8): 3801. Available online: www.efsa.europa.eu


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Expiration of approval

Specific provisions

Pyridate

CAS No: 55512-33-9

CIPAC No: 447

O-6-chloro-3-phenylpyridazin-4-yl S-octyl thiocarbonate

≥ 900 g/kg

1 January 2016

31 December 2030

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on pyridate, and in particular Appendices I and II thereof, shall be taken into account.

In this overall assessment Member States shall pay particular attention to the risk to aquatic organisms, non-target terrestrial plants, and herbivorous mammals.

Conditions of use shall include risk mitigation measures, where appropriate.


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


ANNEX II

The Annex to Implementing Regulation (EU) No 540/2011 is amended as follows:

(1)

in Part A, entry 16 on pyridate is deleted;

(2)

in Part B, the following entry is added:

 

Common Name, Identification Numbers

IUPAC Name

Purity (*1)

Date of approval

Expiration of approval

Specific provisions

‘87

Pyridate

CAS No: 55512-33-9

CIPAC No: 447

O-6-chloro-3-phenylpyridazin-4-yl S-octyl thiocarbonate

≥ 900 g/kg

1 January 2016

31 December 2030

For the implementation of the uniform principles, as referred to in Article 29(6) of Regulation (EC) No 1107/2009, the conclusions of the review report on pyridate, and in particular Appendices I and II thereof, shall be taken into account.

In this overall assessment Member States shall pay particular attention to the risk to aquatic organisms, non-target terrestrial plants, and herbivorous mammals.

Conditions of use shall include risk mitigation measures, where appropriate.’


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


10.7.2015   

EN

Official Journal of the European Union

L 182/26


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1116

of 9 July 2015

approving the basic substance lecithins, in accordance with Regulation (EC) No 1107/2009 of the European Parliament and of the Council concerning the placing of plant protection products on the market, and amending the Annex to Commission Implementing Regulation (EU) No 540/2011

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (1), and in particular Article 23(5) in conjunction with Article 13(2) thereof,

Whereas:

(1)

In accordance with Article 23(3) of Regulation (EC) No 1107/2009, the Commission received on 18 November 2013 an application from the Institut Technique de l'Agriculture Biologique (ITAB) for the approval of lecithins as basic substance. That application was accompanied by the information required by the second subparagraph of Article 23(3).

(2)

The Commission asked the European Food Safety Authority (hereinafter ‘the Authority’) for scientific assistance. The Authority presented to the Commission a Technical Report on the substance concerned on 28 August 2014 (2). The Commission presented the review report (3) and a draft of this Regulation to the Standing Committee on Plants, Animals, Food and Feed on 27 January 2015 and finalised them for the meeting of that Committee of 29 May 2015.

(3)

The documentation provided by the applicant shows that lecithins fulfils the criteria of a foodstuff as defined in Article 2 of Regulation (EC) No 178/2002 of the European Parliament and of the Council (4). Moreover, it is not predominantly used for plant protection purposes but nevertheless is useful in plant protection in a product consisting of the substance and water. Consequently, it is to be considered as a basic substance.

(4)

It has appeared from the examinations made that lecithins may be expected to satisfy, in general, the requirements laid down in Article 23 of Regulation (EC) No 1107/2009, in particular with regard to the uses which were examined and detailed in the Commission review report. It is therefore appropriate to approve lecithins as a basic substance.

(5)

In accordance with Article 13(2) of Regulation (EC) No 1107/2009 in conjunction with Article 6 thereof and in the light of current scientific and technical knowledge, it is, however, necessary to include certain conditions for the approval which are detailed in Annex I to this Regulation.

(6)

In accordance with Article 13(4) of Regulation (EC) No 1107/2009, the Annex to Commission Implementing Regulation (EU) No 540/2011 (5) should be amended accordingly.

(7)

The measures provided for in this Regulation are in accordance with the opinion of the Standing Committee on Plants, Animals, Food and Feed,

HAS ADOPTED THIS REGULATION:

Article 1

Approval of a basic substance

The substance lecithins as specified in Annex I is approved as basic substance subject to the conditions laid down in that Annex.

Article 2

Amendments to Implementing Regulation (EU) No 540/2011

Part C of the Annex to Implementing Regulation (EU) No 540/2011 is amended in accordance with Annex II to this Regulation.

Article 3

Entry into force

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

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

Done at Brussels, 9 July 2015.

For the Commission

The President

Jean-Claude JUNCKER


(1)   OJ L 309, 24.11.2009, p. 1.

(2)  Outcome of the consultation with Member States and EFSA on the basic substance application for lecithins for use in plant protection as a fungicide on vineyards, fruit trees, vegetables and ornamentals. EFSA supporting publication 2014:EN-643.34 pp.

(3)  http://ec.europa.eu/sanco_pesticides/public/?event=homepage

(4)  Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

(5)  Commission Implementing Regulation (EU) No 540/2011 of 25 May 2011 implementing Regulation (EC) No 1107/2009 of the European Parliament and of the Council as regards the list of approved active substances (OJ L 153, 11.6.2011, p. 1).


ANNEX I

Common Name, Identification Numbers

IUPAC Name

Purity (1)

Date of approval

Specific provisions

Lecithins

CAS No: 8002-43-5

CIPAC No: not allocated

Einecs

232-307-2

Not allocated

As described in the Annex to Regulation (EU) No 231/2012.

1 July 2015

Only uses as basic substance being a fungicide are approved.

Lecithins shall be used in accordance with the specific conditions included in the conclusions of the review report on lecithins (SANCO/12798/2014) and in particular Appendices I and II thereof.


(1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.


ANNEX II

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

Number

Common Name, Identification Numbers

IUPAC Name

Purity (*1)

Date of approval

Specific provisions

‘6

Lecithins

CAS No: 8002-43-5

CIPAC No: not allocated

Einecs

232-307-2

Not allocated

As described in the Annex to Regulation (EU) No 231/2012.

1 July 2015

Only uses as basic substance being a fungicide are approved.

Lecithins shall be used in accordance with the specific conditions included in the conclusions of the review report on lecithins (SANCO/12798/2014) and in particular Appendices I and II thereof.’


(*1)  Further details on identity, specification and manner of use of basic substance are provided in the review report.


10.7.2015   

EN

Official Journal of the European Union

L 182/29


COMMISSION IMPLEMENTING REGULATION (EU) 2015/1117

of 9 July 2015

establishing the standard import values for determining the entry price of certain fruit and vegetables

THE EUROPEAN COMMISSION,

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

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

Having regard to Commission Implementing Regulation (EU) No 543/2011 of 7 June 2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (2), and in particular Article 136(1) thereof,

Whereas:

(1)

Implementing Regulation (EU) No 543/2011 lays down, pursuant to the outcome of the Uruguay Round multilateral trade negotiations, the criteria whereby the Commission fixes the standard values for imports from third countries, in respect of the products and periods stipulated in Annex XVI, Part A thereto.

(2)

The standard import value is calculated each working day, in accordance with Article 136(1) of Implementing Regulation (EU) No 543/2011, taking into account variable daily data. Therefore this Regulation should enter into force on the day of its publication in the Official Journal of the European Union,

HAS ADOPTED THIS REGULATION:

Article 1

The standard import values referred to in Article 136 of Implementing Regulation (EU) No 543/2011 are fixed in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 9 July 2015.

For the Commission,

On behalf of the President,

Jerzy PLEWA

Director-General for Agriculture and Rural Development


(1)   OJ L 347, 20.12.2013, p. 671.

(2)   OJ L 157, 15.6.2011, p. 1.


ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)

CN code

Third country code (1)

Standard import value

0702 00 00

AL

20,6

MA

165,4

MK

47,6

ZZ

77,9

0707 00 05

TR

116,3

ZZ

116,3

0709 93 10

TR

118,4

ZZ

118,4

0805 50 10

AR

116,9

TR

108,0

UY

129,3

ZA

136,6

ZZ

122,7

0808 10 80

AR

104,6

BR

108,5

CL

134,4

NZ

150,3

US

170,9

ZA

127,2

ZZ

132,7

0808 30 90

AR

109,5

CL

124,6

CN

86,2

NZ

235,9

ZA

119,6

ZZ

135,2

0809 10 00

TR

237,5

ZZ

237,5

0809 29 00

TR

257,3

ZZ

257,3

0809 30 10 , 0809 30 90

CL

181,4

ZZ

181,4

0809 40 05

BA

95,4

CL

126,8

ZZ

111,1


(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.


DECISIONS

10.7.2015   

EN

Official Journal of the European Union

L 182/31


COUNCIL IMPLEMENTING DECISION (CFSP) 2015/1118

of 9 July 2015

implementing Decision 2015/740/CFSP concerning restrictive measures in view of the situation in South Sudan

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 2015/740/CFSP of 7 May 2015 concerning restrictive measures in view of the situation in South Sudan and repealing Decision 2014/449/CFSP (1), and in particular Article 9(1) and (2) thereof,

Whereas:

(1)

On 7 May 2015 the Council adopted Decision 2015/740/CFSP.

(2)

On 3 March 2015, the United Nations Security Council adopted Resolution (UNSCR) 2206 (2015) providing for restrictive measures in relation to persons and entities designated by the Security Council Committee established pursuant to paragraph 16 of that Resolution.

(3)

On 1 July 2015, the Security Council Committee established pursuant to paragraph 16 of UNSCR 2206 (2015) included six persons to the list of individuals and entities subject to restrictive measures.

(4)

The names of the two persons listed in Annex II to Decision 2015/740/CFSP should be removed from that Annex because of their designation by the UN Security Council Committee and should therefore be added to Annex I.

(5)

Annexes I and II to Decision 2015/740/CFSP should be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

Annex I to Decision 2015/740/CFSP is replaced by the Annex to this Decision.

Article 2

The following names are removed from Annex II to Decision 2015/740/CFSP, as are the related entries:

1.

Santino DENG

2.

Peter GADET

Article 3

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

Done at Brussels, 9 July 2015.

For the Council

The President

J. ASSELBORN


(1)   OJ L 117, 8.5.2015, p. 52.


ANNEX

‘ANNEX I

LIST OF PERSONS AND ENTITIES REFERRED TO IN POINT (a) OF ARTICLE 3(1) AND POINT (a) OF ARTICLE 6(1).

A.   PERSONS

1.    Gabriel JOK RIAK (alias: a) Gabriel Jok b) Jok Riak c) Jock Riak)

Designation: Sudan People's Liberation Army's (SPLA) Sector One Commander Date of Birth:1966 Place of Birth: Bor, Sudan/South Sudan Nationality: South Sudan Address: a) Unity State, South Sudan b) Wau, Western Bahr El Ghazal, South Sudan Listed on: 1 Jul. 2015 Other information: Has 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.

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”.

Additional information

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.

2.    Simon Gatewech DUAL (alias a.k.a.: a) Simon Gatwich Dual b) Simon Getwech Dual c) Simon Gatwec Duel d) Simon Gatweach e) Simon Gatwick f) Simon Gatwech g) Simon Garwich h) General Gaduel i) Dhual Designation: Chief of General Staff, SPLA in Opposition Date of Birth: 1953 Place of Birth: a) Akobo, Jonglei State, Sudan/South Sudan b) Uror County, Jonglei State, Sudan/South Sudan Address: Jonglei State, Sudan/South Sudan Date of UN designation: 1 Jul. 2015

Other information: Is the SPLM-IO Chief of General Staff and was previously the commander of opposition forces in Jonglei State. His forces conducted an early February 2015 attack in Jonglei State, and as of March 2015, he had tried to destroy the peace in Jonglei State through attacks on the civilian population.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Simon Gatwech Dual was listed on 1 July 2015 pursuant to paragraphs 6, 7(a), 7(d), and 8 of resolution 2206 (2015) as, “responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan;” “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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law;” 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”.

Additional information

Simon Gatwech Dual (Gatwech Dual) has engaged in actions or policies that threaten the peace, security or stability of South Sudan and is a leader of the Sudan People's Liberation Movement in Opposition (SPLM-IO), an entity that has engaged in: actions that threaten the peace, security or stability of South Sudan; and targeted civilians, including women and children, through the commission of acts of violence.

Gatwech Dual is the SPLM-IO Chief of General Staff and was previously the commander of opposition forces in Jonglei State.

In 2014 to 2015, Gatwech Dual had a large number of troops under his command and operated somewhat autonomously in leading attacks. Gatwech Dual oversees the deployment of SPLM-IO and likely the deployment of some White Army (a Nuer youth militia) forces as well.

In late April 2014, forces under Gatwech Dual's overall command were gaining territory in Jonglei State as they marched on the state capital of Bor. Gatwech Dual may have used the news of the April 17, 2014 attack on Nuer internally displaced persons at the UN compound in Bor to incite his troops to seek revenge. The IGAD Monitoring and Verification Mechanism in Upper Nile, Unity and Jonglei states also cited forces under Gatwech Dual in its August 14, 2014 summary of ceasefire violations.

Gatwech Dual's forces conducted an early February 2015 attack in Jonglei State. As of March 2015, Gatwech Dual had tried to destroy the peace in Jonglei State through attacks on the civilian population.

In late April 2015, Gatwech Dual was involved in planning and coordinating surprise attacks against South Sudanese government forces in Upper Nile State. The IGAD Monitoring and Verification Mechanism summary report of cessation of hostilities violations from May 12-31, 2015 lists breaches by opposition forces under Gatwech's control, including an attack on government forces in Ayod.

SPLM-IO forces under Gatwech Dual's command targeted women, children and civilians. Gatwech Dual reportedly ordered units under his command to kill Dinka prisoners of war (POWs), women, and children, and officers under his command stated that opposition forces should not make any distinctions between different Dinka tribes and should kill all of them.

3.    James Koang CHUOL (alias: a) James Koang Chol Ranley b) James Koang Chol c) Koang Chuol Ranley d) James Koang Chual Date of Birth: 1961 Nationality: South Sudan Passport no: R00012098, South Sudan Date of UN designation: 1 Jul. 2015

Other information: Appointed commander of the Sudan People's Liberation Army in Opposition (SPLAIO) Special Division in December 2014. His forces have been engaged in attacks against civilians. In February 2014, forces under his command attacked United Nations camps, hospitals, churches, and schools, engaging in widespread rape, torture, and the destruction of property, in an attempt to flush out civilians, soldiers, and policemen allied with the government.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

James Koang Chuol (Koang) was listed on1 July 2015 pursuant to paragraphs 6, 7 (a), 7 (d) and 8 of resolution 2206 (2015) as, “responsible for or complicit in, or having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan”; “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”; “targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”.

Additional information

James Koang Chuol (Koang) has threatened the peace, security, or stability of South Sudan in his position as a leader of anti-government forces in Unity State, South Sudan, whose members targeted civilians, including women and children, with killing, sexual violence, and committed attacks on schools, hospitals, religious sites, and locations where civilians were seeking refuge.

Koang defected from his position as the Sudan People's Liberation Army (SPLA) Fourth Division commander in December 2013. Taking orders from Koang, defecting soldiers executed as many as 260 of their on-base counterparts before targeting and killing civilians in the state capital of Bentiu.

Koang was appointed commander of the Sudan People's Liberation Army in Opposition (SPLA-IO) Special Division in December 2014. In his new position, Koang led attacks on government forces in Upper Nile State's Renk and Maban counties in January 2015 that were cited by the Intergovernmental Authority on Development Monitoring and Verification Mechanism as violations of the CoHA.

In February 2014, after Koang was given command of anti-government forces in Unity State, those forces attacked United Nations camps, hospitals, churches, and schools, engaging in widespread rape, torture, and the destruction of property, in an attempt to flush out civilians, soldiers, and policemen allied with the government. On April 14-15, 2014, Koang's forces captured Bentiu after heavy fighting and engaged in attacks against civilians. In separate incidents at a Bentiu mosque, church, and abandoned food compound, forces separated civilians who were taking shelter by their ethnicity and nationality before engaging in targeted killings, leaving at least 200 dead and 400 wounded. In mid-September 2014, Koang reportedly ordered his forces to target Dinka civilians during an attack in Upper Nile State.

4.    Santino Deng WOL (Alias: a) Santino Deng Wuol b) Santino Deng Kuol

Title: Major General Designation: Commander of the SPLA's Third Division Date of Birth: 9 Nov. 1962 Place of Birth: Aweil, Sudan/South Sudan Date of UN designation: 1 Jul. 2015 Other information: Has led and directed military actions against opposition forces and conducted confrontational troop movements in violation of the CoHA. During May 2015, forces under his command killed children, women and old men, burned property, and stole livestock as they advanced through Unity State towards Thorjath oil field.

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Santino Deng Wol was listed on1 July 2015 pursuant to paragraphs 7(a), 7(d) 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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”

Additional information

Santino Deng Wol (Deng Wol) is a Sudan People's Liberation Army (SPLA) Major General and commander of the SPLA's Third Division, 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.

Deng Wol led and directed military actions against opposition forces and conducted confrontational troop movements in violation of the CoHA.

Soon after negotiators from both sides agreed to cease hostilities, DENG WOL prepared his forces to advance on the Unity State town of Leer. They subsequently ambushed and shelled rebel fighters near Leer.

In mid-April 2014, Deng Wol's forces reportedly prepared to recapture Bentiu from anti-government forces. Later that month, Deng Wol's forces captured Mayom following a fierce battle in which they killed over 300 opposition forces. Then, in early May 2014, Deng Wol's forces captured Tor Abyad, killing opposition forces in the process. Shortly thereafter, SPLA forces, including Deng Wol's forces, attacked and recaptured the Unity State town of Wang Kai. Deng Wol authorized his forces to kill anyone carrying weapons or hiding in homes, and ordered them to burn any homes containing opposition supporters.

Deng Wol's SPLA Third Division participated in the April-May 2015 offensive in Unity State, during which the SPLA launched a coordinated offensive to take opposition strongholds in Mayom, Guit, Koch, Mayendit, and Leer counties. Deng Wol's forces killed children, women and old men, burned property, and stole livestock as they advanced through Unity State towards Thorjath oil field during May 2015. Additionally, early that month, Deng Wol reportedly pushed for the execution of captured opposition soldiers.

5.    Marial Chanuong Yol MANGOK (Alias: a) Marial Chinuong b) Marial Chan c) Marial Chanoung Yol d) Marial Chinoum Designation: a) Sudan People's Liberation Army Major General b) Commander, Presidential Guard Unit Date of Birth: 1 Jan. 1960 Place of Birth: Yirol, Lakes State Nationality: South Sudan Passport no: R00005943,South Sudan

Date of UN designation: 1 Jul. 2015 Other information: His Presidential Guard led the slaughter of Nuer civilians in and around Juba, many who were buried in mass graves. One such grave was purported to contain 200-300 civilians

Information from the narrative summary of reasons for listing provided by the Sanctions Committee:

Marial Chanuong Yol Mangok was listed on1 July 2015 pursuant to paragraphs 7(a), 7(c), 7(d) 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;” “planning, directing, or committing acts that violate applicable international human rights law or international humanitarian law, or acts that constitute human rights abuses, in South Sudan”; “targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; 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”

Additional information

Mangok is the commander of the South Sudanese Government's Presidential Guard, which led the operations in Juba following the fighting that began December 15, 2013. He executed orders to disarm Nuer soldiers and then ordered the use of tanks to target political figures in Juba, killing 22 unarmed bodyguards of opposition leader Riek Machar and seven bodyguards of former Minister of the Interior Gier Chuang Aluong.

In the initial operations in Juba, by numerous and credible accounts, Mangok's Presidential Guard led the slaughter of Nuer civilians in and around Juba, many who were buried in mass graves. One such grave was purported to contain 200-300 civilians.

6.    Peter GADET (alias: a) Peter Gatdet Yaka b) Peter Gadet Yak c) Peter Gadet Yaak d) Peter Gatdet Yaak e) Peter Gatdet f) Peter Gatdeet Yaka

Date of Birth: Between 1957 and 1959 Place of Birth: a) Mayom County Unity State b) Mayan, Unity State Date of UN designation: 1 Jul. 2015

Other information: Appointed the SPLA-IO's Deputy Chief of Staff for Operations on December 21, 2014. Forces under his command targeted civilians, including women, in April 2014 during an assault on Bentiu, including targeted killings on the basis of ethnicity.

Peter Gadet was listed on1 July 2015 pursuant to paragraphs 7(a), 7(d), 7(e) 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 targeting of civilians, including women and children, through the commission of acts of violence (including killing, maiming, torture, or rape or other sexual violence), abduction, enforced disappearance, forced displacement, or attacks on schools, hospitals, religious sites, or locations where civilians are seeking refuge, or through conduct that would constitute a serious abuse or violation of human rights or a violation of international humanitarian law”; “the recruitment of children by armed groups or armed forces in the context of the armed conflict in South Sudan”; 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”.

Additional information

Peter Gadet is the commander of Sudan People's Liberation Army in Opposition (SPLA-IO) forces that have engaged in actions that have extended the conflict in South Sudan, including breaches of the January 2014 Cessation of Hostilities Agreement (CoHA).

Forces led by Gadet attacked and captured Kaka, Upper Nile State from the Sudan People's Liberation Army (SPLA) in late March 2014. Gadet was subsequently transferred from Jonglei State to Bentiu, where he was named military governor of Unity State, to assist the anti-government forces' efforts to mobilize the predominantly Bol Nuer population. Subsequently, Gadet led SPLA-IO attacks in Unity State. Gadet's forces were responsible for damaging a partially constructed oil refinery in Unity State being built by a Russian firm. Gadet's forces also took control of the Tor Abyad and Kilo 30 areas in Unity State's oil fields.

As of mid-April 2014, 50 000 anti-government forces troops surrounded Malakal in preparation for an assault on Bentiu. On April 15, 2014, Gadet's forces attacked and took control of Bentiu, before subsequently losing control of the city. Forces led by Gadet targeted civilians, including women, in April 2014 during the assault on Bentiu, including targeted killings on the basis of ethnicity.

In June 2014, Peter Gadet issued a directive to SPLA-IO commanders to recruit youths in all of the rebel-held counties.

From October 25-29, 2014, forces under Gadet's command surrounded and attacked Bentiu and Rubkona, briefly seizing the city of Bentiu on October 29 before withdrawing.

On December 21, 2014, Gadet was appointed the SPLA-IO's Deputy Chief of Staff for Operations. Subsequent to this appointment, SPLA-IO forces were cited by the IGAD Monitoring and Verification Mechanism for multiple violations of the CoHA in Unity, Upper Nile, and Jonglei States.

B.   ENTITIES’


10.7.2015   

EN

Official Journal of the European Union

L 182/39


COMMISSION IMPLEMENTING DECISION (EU) 2015/1119

of 22 June 2015

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

(notified under document C(2015) 4076)

(only the Bulgarian, Spanish, Danish, German, Estonian, Greek, English, French, Italian, Lithuanian, Hungarian, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish, Swedish texts are authentic)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (1), and in particular Article 52 thereof,

After consulting the Committee on the Agricultural Funds,

Whereas:

(1)

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

(2)

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

(3)

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

(4)

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

(5)

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

(6)

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

(7)

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

(8)

This Decision is without prejudice to any financial conclusions that the Commission may draw from the judgments of the Court of Justice of the European Union in cases pending on 1 March 2015,

HAS ADOPTED THIS DECISION:

Article 1

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

Article 2

This Decision is addressed to the Kingdom of Belgium, the Republic of Bulgaria, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Kingdom of Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 22 June 2015.

For the Commission

Phil HOGAN

Member of the Commission


(1)   OJ L 347, 20.12.2013, p. 549.

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


ANNEX

DECISION: 48

Budget Item: 05040501

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

LT

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

2008

Reimbursement following the judgement of the European Court of Justice in case T-365/13

FLAT RATE

5,00

EUR

192 017,09

0,00

192 017,09

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

2009

Reimbursement following the judgement of the European Court of Justice in case T-365/13

FLAT RATE

5,00

EUR

1 388 259,62

0,00

1 388 259,62

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

2010

Reimbursement following the judgement of the European Court of Justice in case T-365/13

FLAT RATE

5,00

EUR

1 473 178,82

0,00

1 473 178,82

Total LT:

EUR

3 053 455,53

0,00

3 053 455,53


Currency

Amount

Deductions

Financial Impact

EUR

3 053 455,53

0,00

3 053 455,53

Budget Item: 6520

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SK

Irregularities

2012

delays in the recovery procedure

ONE OFF

0,00

EUR

– 1 456 990,49

0,00

– 1 456 990,49

Total SK:

EUR

– 1 456 990,49

0,00

– 1 456 990,49


Currency

Amount

Deductions

Financial Impact

EUR

– 1 456 990,49

0,00

– 1 456 990,49

Budget Item: 6701

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

AT

Decoupled Direct Aids

2013

Parcels of less than 1ha considered eligible, CY 2012

ONE OFF

 

EUR

– 162 066,10

0,00

– 162 066,10

Decoupled Direct Aids

2014

Parcels of less than 1ha considered eligible, CY 2013

ONE OFF

 

EUR

– 162 711,68

0,00

– 162 711,68

Total AT:

EUR

– 324 777,78

0,00

– 324 777,78

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

BE

Certification

2010

Most Likely Error (EAGF non IACS)

ONE OFF

 

EUR

– 175 150,72

– 175 150,72

0,00

Certification

2011

most likely error (EAGF)

ONE OFF

 

EUR

– 32 450,87

0,00

– 32 450,87

Irregularities

2011

irregularity linked to fraud and negligence

ONE OFF

 

EUR

– 1 079 342,45

0,00

– 1 079 342,45

Certification

2012

known errors

ONE OFF

 

EUR

– 33 204,64

0,00

– 33 204,64

Certification

2012

Most Likely Error (EAGF non-IACS)

ONE OFF

 

EUR

– 29 338,31

0,00

– 29 338,31

Decoupled Direct Aids

2012

Weaknesses in the LPIS, claim year 2011-2012

ONE OFF

0,00

EUR

– 175 411,89

0,00

– 175 411,89

Decoupled Direct Aids

2013

Weaknesses in the LPIS, claim year 2011-2012

ONE OFF

0,00

EUR

– 128 392,16

0,00

– 128 392,16

Total BE:

EUR

– 1 653 291,04

– 175 150,72

– 1 478 140,32

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

BG

Cross Compliance

2011

No evaluation of non-compliances, weakness in risk analysis, CY2011

FLAT RATE

2,00

EUR

– 9 131,86

0,00

– 9 131,86

Cross Compliance

2012

No evaluation of non-compliances, weakness in risk analysis, CY2011

FLAT RATE

2,00

EUR

– 778 045,93

– 194,18

– 777 851,75

Cross Compliance

2009

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

– 252 397,38

– 25 017,88

– 227 379,50

Cross Compliance

2010

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

– 191,38

0,00

– 191,38

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

– 7,01

0,00

– 7,01

Cross Compliance

2009

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

– 11 429,91

0,00

– 11 429,91

Cross Compliance

2010

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

– 545 748,71

– 27 230,00

– 518 518,71

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

12 204,80

0,00

12 204,80

Cross Compliance

2012

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

– 2 481,32

0,00

– 2 481,32

Cross Compliance

2010

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2010

FLAT RATE

2,00

EUR

– 21 226,11

0,00

– 21 226,11

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2010

FLAT RATE

2,00

EUR

– 609 258,80

– 31 123,72

– 578 135,08

Cross Compliance

2012

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2010

FLAT RATE

2,00

EUR

– 601,27

– 29,09

– 572,18

Total BG:

EUR

– 2 218 314,88

– 83 594,87

– 2 134 720,01

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

DE

Certification

2012

Financial errors identified by the Certification Body

ONE OFF

 

EUR

– 2 704,14

0,00

– 2 704,14

Certification

2013

Financial errors identified by the Certification Body

ONE OFF

 

EUR

– 5 009,98

0,00

– 5 009,98

Certification

2010

Financial errors in the EAGF non-IACS population

ONE OFF

 

EUR

– 594,81

0,00

– 594,81

Cross Compliance

2010

Weaknesses in SMR8, CY 2009

ONE OFF

0,00

EUR

– 22 284,50

0,00

– 22 284,50

Cross Compliance

2011

Weaknesses in SMR8, CY 2010

ONE OFF

0,00

EUR

– 22 210,80

0,00

– 22 210,80

Cross Compliance

2012

Weaknesses in SMR8, CY 2011

ONE OFF

0,00

EUR

– 22 319,63

0,00

– 22 319,63

Total DE:

EUR

– 75 123,86

0,00

– 75 123,86

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

ES

Decoupled Direct Aids

2011

Administrative controls, obvious error and sanctions, CY 2010

ONE OFF

0,00

EUR

– 50 041,67

0,00

– 50 041,67

Decoupled Direct Aids

2012

Administrative controls, obvious error and sanctions, CY 2011

ONE OFF

0,00

EUR

– 12 515,78

0,00

– 12 515,78

Decoupled Direct Aids

2012

Weaknesses in OTSC and Incorrect use of obvious error, CY2011

ONE OFF

 

EUR

– 22 206,87

0,00

– 22 206,87

Decoupled Direct Aids

2013

Weaknesses in OTSC and incorrect use of obvious error, CY2012

ONE OFF

 

EUR

– 40 281,07

0,00

– 40 281,07

Decoupled Direct Aids

2014

Weaknesses in OTSC and incorrect use of obvious error, CY2013

ONE OFF

 

EUR

– 29 939,13

0,00

– 29 939,13

Certification

2011

EAGF non-IACS and EAFRD non-IACS known errors

ONE OFF

 

EUR

– 24 113,66

0,00

– 24 113,66

Certification

2013

EAGF non-IACS and EAFRD non-IACS known errors

ONE OFF

 

EUR

– 19 304,02

0,00

– 19 304,02

Certification

2010

EAGF non-IACS, EAFRD IACS and EAFRD non-IACS errors

ONE OFF

 

EUR

– 14 177,94

0,00

– 14 177,94

Certification

2013

Errors in substantive testing of EAGF non-IACS — Promotion in third countries' markets

ONE OFF

 

EUR

– 58 964,77

0,00

– 58 964,77

Fruit and Vegetables — Withdrawals

2007

Expenditure for withdrawals declared by unduly recognised Producer Organisations

ONE OFF

 

EUR

– 22 670,34

0,00

– 22 670,34

Fruit and Vegetables — Withdrawals

2008

Expenditure for withdrawals declared by unduly recognised Producer Organisations

ONE OFF

 

EUR

– 31 384,64

0,00

– 31 384,64

Fruit and Vegetables — Operational Programmes

2009

Follow-up of irregularities

ONE OFF

 

EUR

– 140 280,66

– 3 283,15

– 136 997,51

Fruit and Vegetables — Operational Programmes

2010

Follow-up of irregularities

ONE OFF

 

EUR

– 152 769,22

– 1 742,46

– 151 026,76

Other Direct Aid — POSEI

2011

Incomplete and unreliable animal identification register and animal movement register for sheep and goats

FLAT RATE

5,00

EUR

– 351 444,05

0,00

– 351 444,05

Other Direct Aid — POSEI

2012

Incomplete and unreliable animal identification register and animal movement register for sheep and goats

FLAT RATE

10,00

EUR

– 710 003,66

0,00

– 710 003,66

Certification

2013

Interests not declared on annex III amounts regarding EAGF

ONE OFF

 

EUR

– 10 603,65

0,00

– 10 603,65

Certification

2012

Known error — fruits at the school

ONE OFF

 

EUR

– 368 160,65

0,00

– 368 160,65

Certification

2011

Known error in EAGF IACS, established by the Certification Body

ONE OFF

 

EUR

– 15 227,18

0,00

– 15 227,18

Clearance of Accounts — Conformity Clearance

2013

Known error in the EAGF non-IACS population

ONE OFF

0,00

EUR

– 332 847,54

0,00

– 332 847,54

Scrutiny of transactions

2007

Late control

FLAT RATE

0,50

EUR

– 159 906,98

0,00

– 159 906,98

Scrutiny of transactions

2008

Late control

FLAT RATE

0,50

EUR

– 221 243,51

0,00

– 221 243,51

Scrutiny of transactions

2009

Late control

FLAT RATE

0,50

EUR

– 430 938,40

0,00

– 430 938,40

Scrutiny of transactions

2010

Late control

FLAT RATE

0,50

EUR

– 455 897,33

0,00

– 455 897,33

Cross Compliance

2011

Late on-the-spot checks, CY 2010

FLAT RATE

2,00

EUR

– 88 001,88

0,00

– 88 001,88

Cross Compliance

2012

Late on-the-spot checks, CY2011

FLAT RATE

2,00

EUR

– 116 408,16

0,00

– 116 408,16

Financial audit — Late payments and payment deadlines

2012

late payments

ONE OFF

0,00

EUR

– 166 922,55

0,00

– 166 922,55

Cross Compliance

2009

Leniency of the sanctioning system, CY2008

ONE OFF

0,00

EUR

– 61 969,91

0,00

– 61 969,91

Cross Compliance

2010

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 524 524,29

– 765,87

– 523 758,42

Cross Compliance

2011

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 1 103,55

0,00

– 1 103,55

Cross Compliance

2012

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 137,44

0,00

– 137,44

Fruit and Vegetables — Operational Programmes

2007

Operational programme expenditure of unduly recognised Producer Organisations

ONE OFF

 

EUR

– 39 929,50

– 956,34

– 38 973,16

Fruit and Vegetables — Operational Programmes

2007

Operational programme expenditure of unduly recognised Producer Organsations; follow-up of irregularities

ONE OFF

 

EUR

– 527 067,84

– 366 237,23

– 160 830,61

Fruit and Vegetables — Operational Programmes

2008

Operational programme expenditure of unduly recognised Producer Organsations; follow– up of irregularities

ONE OFF

 

EUR

– 661 289,41

– 657 269,79

– 4 019,62

Fruit and Vegetables — Citrus Processing

2008

Unduly recognised Producer Organsations; follow-up of irregularities; undue retentions from aid

ONE OFF

 

EUR

– 722 075,92

0,00

– 722 075,92

Fruit and Vegetables — Citrus Processing

2009

Unduly recognised Producer Organsations; follow-up of irregularities; undue retentions from aid

ONE OFF

 

EUR

– 132 032,90

0,00

– 132 032,90

Fruit and Vegetables — Citrus Processing

2007

Weaknesses of key controls

FLAT RATE

5,00

EUR

– 2 805 558,89

0,00

– 2 805 558,89

Fruit and Vegetables — Citrus Processing

2008

Weaknesses of key controls

FLAT RATE

5,00

EUR

– 3 167 422,82

0,00

– 3 167 422,82

Fruit and Vegetables — Citrus Processing

2009

Weaknesses of key controls

FLAT RATE

5,00

EUR

– 355 748,16

0,00

– 355 748,16

Fruit and Vegetables — Citrus Processing

2010

Weaknesses of key controls

FLAT RATE

5,00

EUR

589,09

0,00

589,09

Fruit and Vegetables — Citrus Processing

2011

Weaknesses of key controls

FLAT RATE

5,00

EUR

– 6 214,07

0,00

– 6 214,07

Fruit and Vegetables — Citrus Processing

2012

Weaknesses of key controls

FLAT RATE

5,00

EUR

– 488,00

0,00

– 488,00

Total ES:

EUR

– 13 051 228,92

– 1 030 254,84

– 12 020 974,08

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

FI

Cross Compliance

2011

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

– 1 077 273,25

– 2 097,62

– 1 075 175,63

Cross Compliance

2012

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

– 119,89

0,00

– 119,89

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

– 19,01

0,00

– 19,01

Cross Compliance

2012

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2011

FLAT RATE

2,00

EUR

– 1 067 409,33

– 2 917,12

– 1 064 492,21

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2011

FLAT RATE

2,00

EUR

– 29,81

0,00

– 29,81

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2012

FLAT RATE

2,00

EUR

– 1 062 848,83

0,00

– 1 062 848,83

Total FI:

EUR

– 3 207 700,12

– 5 014,74

– 3 202 685,38

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

FR

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

2011

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

2,00

EUR

– 175 820,54

0,00

– 175 820,54

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

2011

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

5,00

EUR

– 5 684 962,00

0,00

– 5 684 962,00

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

2012

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

2,00

EUR

– 179 184,86

0,00

– 179 184,86

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

2012

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

5,00

EUR

– 5 736 924,65

– 713 321,07

– 5 023 603,58

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

2012

Deficiencies at the level of administrative controls and in the identification and registration of animals

ONE OFF

0,00

EUR

– 14 266 421,39

0,00

– 14 266 421,39

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

2013

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

2,00

EUR

– 247 189,52

0,00

– 247 189,52

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

2013

Deficiencies at the level of administrative controls and in the identification and registration of animals

FLAT RATE

5,00

EUR

– 5 691 189,65

– 613 734,80

– 5 077 454,85

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

2013

Deficiencies at the level of administrative controls and in the identification and registration of animals

ONE OFF

0,00

EUR

– 12 274 696,00

0,00

– 12 274 696,00

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

2012

Deficiency in the control system for bovine measures, claim year 2011

FLAT RATE

10,00

EUR

– 404 475,87

0,00

– 404 475,87

Financial audit — Overshooting

2010

exceeding of the financial ceiling

ONE OFF

0,00

EUR

– 906 989,16

0,00

– 906 989,16

Clearance of Accounts — Conformity Clearance

2011

Financial error (EAGF)

ONE OFF

0,00

EUR

– 344 648,54

0,00

– 344 648,54

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

2011

Grave deficiency in the control system for bovine measures, claim year 2010

FLAT RATE

25,00

EUR

– 1 033 771,02

0,00

– 1 033 771,02

Irregularities

2012

interests on debts for measure Pastry Butter

ONE OFF

 

EUR

– 17 555,28

0,00

– 17 555,28

Irregularities

2012

interests on debts

ONE OFF

 

EUR

– 221 128,43

0,00

– 221 128,43

Certification

2012

known error

ONE OFF

 

EUR

– 21 332,97

0,00

– 21 332,97

Irregularities

2011

known error concerning non-application of interests on debts for measure Pastry Butter

ONE OFF

 

EUR

– 88 238,74

0,00

– 88 238,74

Other Direct Aid — Bovines

2012

Late notifications for suckler cow premium

ONE OFF

0,00

EUR

– 1 040 875,60

0,00

– 1 040 875,60

Other Direct Aid — Bovines

2013

Late notifications for suckler cow premium

ONE OFF

0,00

EUR

– 800,31

0,00

– 800,31

Financial audit — Late payments and payment deadlines

2010

late payment and ineligible expenditure

ONE OFF

 

EUR

– 6 922 613,78

– 6 922 613,78

0,00

Certification

2011

late payments under the measure for refund of milk products

ONE OFF

 

EUR

– 99 193,65

0,00

– 99 193,65

Irregularities

2011

lump-sum correction for advance payments and guarantees

ONE OFF

 

EUR

– 38 880,00

0,00

– 38 880,00

Irregularities

2011

non-timely issue of a recovery related to late submission of report

ONE OFF

 

EUR

– 8 960,73

0,00

– 8 960,73

Milk — Schoolmilk

2009

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 99 865,21

0,00

– 99 865,21

Milk — Schoolmilk

2010

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 243 317,07

0,00

– 243 317,07

Milk — Schoolmilk

2011

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 227 242,67

0,00

– 227 242,67

Milk — Schoolmilk

2012

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 237 633,70

0,00

– 237 633,70

Milk — Schoolmilk

2013

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 213 989,71

0,00

– 213 989,71

Milk — Schoolmilk

2014

Regulatory reductions not imposed for late lodging of aid applications

ONE OFF

 

EUR

– 156 968,13

0,00

– 156 968,13

Certification

2012

restructuring of vineyards

ONE OFF

 

EUR

– 16 575,06

0,00

– 16 575,06

Milk — Schoolmilk

2009

Settlement of a previous correction concerning reduction for late lodging of aid applications for excluding double financial correction

ONE OFF

 

EUR

10 634,37

0,00

10 634,37

Milk — Schoolmilk

2010

Settlement of a previous correction concerning reduction for late lodging of aid applications for excluding double financial correction

ONE OFF

 

EUR

13 312,71

0,00

13 312,71

Milk — Schoolmilk

2011

Settlement of a previous correction concerning reduction for late lodging of aid applications for excluding double financial correction

ONE OFF

 

EUR

61,08

0,00

61,08

Milk — Schoolmilk

2012

Settlement of a previous correction concerning reduction for late lodging of aid applications for excluding double financial correction

ONE OFF

 

EUR

17,99

0,00

17,99

Irregularities

2012

unrecoverable debts from previous periods

ONE OFF

 

EUR

– 232 549,69

0,00

– 232 549,69

Milk — Schoolmilk

2010

weaknesses in administrative controls

FLAT RATE

5,00

EUR

– 326 272,47

0,00

– 326 272,47

Milk — Schoolmilk

2011

weaknesses in administrative controls

FLAT RATE

5,00

EUR

– 625 154,44

0,00

– 625 154,44

Milk — Schoolmilk

2012

weaknesses in administrative controls

FLAT RATE

5,00

EUR

– 654 928,98

0,00

– 654 928,98

Milk — Schoolmilk

2013

weaknesses in administrative controls

FLAT RATE

5,00

EUR

– 341 329,21

0,00

– 341 329,21

Milk — Schoolmilk

2014

weaknesses in administrative controls

FLAT RATE

5,00

EUR

– 2 121,16

0,00

– 2 121,16

Total FR:

EUR

– 58 759 774,04

– 8 249 669,65

– 50 510 104,39

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

GB

Decoupled Direct Aids

2011

Weaknesses in the LPIS-GIS and in the on-the-spot checks

FLAT RATE

2,00

EUR

– 41 149 491,32

0,00

– 41 149 491,32

Other Direct Aids

2011

Weaknesses in the LPIS-GIS and in the on-the-spot checks

FLAT RATE

2,00

EUR

– 152 102,70

0,00

– 152 102,70

Decoupled Direct Aids

2012

Weaknesses in the LPIS-GIS and in the on-the-spot checks

FLAT RATE

2,00

EUR

– 41 173 119,81

0,00

– 41 173 119,81

Other Direct Aids

2012

Weaknesses in the LPIS-GIS and in the on-the-spot checks

FLAT RATE

2,00

EUR

– 125 611,33

0,00

– 125 611,33

Decoupled Direct Aids

2011

Weaknesses in updating LPIS maximum eligible area, CY 2010

EXTRAPOLATED

1,44

EUR

– 4 508 766,82

– 4 508 766,82

0,00

Decoupled Direct Aids

2012

Weaknesses in updating LPIS maximum eligible area, CY 2010

EXTRAPOLATED

1,44

EUR

– 14 637,02

– 14 637,02

0,00

Decoupled Direct Aids

2013

Weaknesses in updating LPIS maximum eligible area, CY 2010

EXTRAPOLATED

1,44

EUR

– 6 296,05

– 6 296,05

0,00

Decoupled Direct Aids

2012

Weaknesses in updating LPIS maximum eligible area, CY 2011

EXTRAPOLATED

1,35

EUR

– 4 145 094,84

– 4 145 094,84

0,00

Decoupled Direct Aids

2013

Weaknesses in updating LPIS maximum eligible area, CY 2011

EXTRAPOLATED

1,35

EUR

– 11 461,82

– 11 461,82

0,00

Decoupled Direct Aids

2013

Weaknesses in updating LPIS maximum eligible area, CY 2012

EXTRAPOLATED

1,02

EUR

– 3 118 298,35

– 3 118 298,35

0,00

Total GB:

EUR

– 94 404 880,06

– 11 804 554,90

– 82 600 325,16

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

GR

Certification

2009

Administrative error

ONE OFF

0,00

EUR

– 3 725 956,14

0,00

– 3 725 956,14

Decoupled Direct Aids

2010

CY 2009, Weakness in administrative checks

FLAT RATE

5,00

EUR

– 1 258 341,84

0,00

– 1 258 341,84

Decoupled Direct Aids

2010

CY 2009, Weakness in calculation of aids

ONE OFF

0,00

EUR

– 834 150,17

0,00

– 834 150,17

Decoupled Direct Aids

2010

CY 2009, Weakness in definition of permanent pastures

FLAT RATE

5,00

EUR

– 85 534 291,54

– 10 905 970,63

– 74 628 320,91

Decoupled Direct Aids

2011

CY 2010, Risk analysis not effective

ONE OFF

0,00

EUR

– 31 425 312,22

0,00

– 31 425 312,22

Decoupled Direct Aids

2011

CY 2010, Weakness in calculation of aids

ONE OFF

0,00

EUR

– 231 205,28

0,00

– 231 205,28

Decoupled Direct Aids

2011

CY 2010, Weakness in definition of permanent pastures

FLAT RATE

25,00

EUR

– 96 766 888,08

0,00

– 96 766 888,08

Decoupled Direct Aids

2012

CY 2011, Weakness in calculation of aids

ONE OFF

0,00

EUR

– 210 599,35

0,00

– 210 599,35

Decoupled Direct Aids

2012

CY 2011, Weakness in definition of permanent pastures

FLAT RATE

25,00

EUR

– 97 222 743,23

0,00

– 97 222 743,23

Cross Compliance

2010

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

– 4 885 840,27

– 217 489,28

– 4 668 350,99

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

– 14 623,47

4,01

– 14 627,48

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

2 123,88

– 90,25

2 214,13

Cross Compliance

2009

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 36 565,30

0,00

– 36 565,30

Cross Compliance

2010

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 767,75

0,00

– 767,75

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 4 668 387,23

– 256 891,02

– 4 411 496,21

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 1 762,62

– 358,82

– 1 403,80

Cross Compliance

2013

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

1 134,34

0,00

1 134,34

Cross Compliance

2010

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 8 798,19

0,00

– 8 798,19

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 730,69

0,00

– 730,69

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 4 628 045,90

– 194 866,68

– 4 433 179,22

Cross Compliance

2013

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

6 396,69

0,00

6 396,69

Certification

2010

Known error in EAGF IACS — counterfeited invoice — premium for special durum wheat

ONE OFF

 

EUR

– 3 460,25

0,00

– 3 460,25

Financial audit — Late payments and payment deadlines

2012

Late payments

ONE OFF

 

EUR

– 242 883,87

– 242 883,87

0,00

Financial audit — Late payments and payment deadlines

2012

Late payments

ONE OFF

 

EUR

0,00

– 18 212,08

18 212,08

Cross Compliance

2010

Leniency of the sanctioning system, 2009

ONE OFF

 

EUR

– 314 226,90

– 628,45

– 313 598,45

Cross Compliance

2011

Leniency of the sanctioning system, 2010

ONE OFF

 

EUR

– 311 191,72

– 622,39

– 310 569,33

Cross Compliance

2012

Leniency of the sanctioning system, 2011

ONE OFF

 

EUR

– 165 476,02

– 330,95

– 165 145,07

Certification

2012

Most Likely Error correction

ONE OFF

 

EUR

– 474 888,32

0,00

– 474 888,32

Entitlements

2007

Reimbursement following the judgement of the European Court of Justice in case T-632/11

FLAT RATE

10,00

EUR

7 055 951,79

7 055 951,79

0,00

Total GR:

EUR

– 325 901 529,65

– 4 782 388,62

– 321 119 141,03

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

HU

Cross Compliance

2011

Ineffective or partial checks for 4 SMRs, CY2010

FLAT RATE

2,00

EUR

– 1 615 567,11

– 712,70

– 1 614 854,41

Cross Compliance

2012

Ineffective or partial checks for 4 SMRs, CY2011

FLAT RATE

2,00

EUR

– 1 600 343,90

– 173,63

– 1 600 170,27

Cross Compliance

2010

Minor non-compliances treated as tolerances, CY2009

ONE OFF

 

EUR

– 266 654,00

– 533,31

– 266 120,69

Cross Compliance

2011

Minor non-compliances treated as tolerances, CY2010

ONE OFF

 

EUR

– 287 746,00

– 575,49

– 287 170,51

Cross Compliance

2012

Minor non-compliances treated as tolerances, CY2011

ONE OFF

 

EUR

– 14 540,00

– 29,08

– 14 510,92

Cross Compliance

2009

No definition of a GAEC standard, CY2008

FLAT RATE

2,00

EUR

– 196 594,99

– 4 936,38

– 191 658,61

Cross Compliance

2010

No definition of a GAEC standard, Ineffective or partial checks for 4 SMRs, CY2009

FLAT RATE

2,00

EUR

– 1 419 746,61

0,00

– 1 419 746,61

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

2011

Non application of reductions and retroactive recoveries

ONE OFF

0,00

EUR

– 192 496,94

0,00

– 192 496,94

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

2012

Non application of reductions and retroactive recoveries

ONE OFF

0,00

EUR

– 86 816,93

0,00

– 86 816,93

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

2013

Non application of reductions and retroactive recoveries

ONE OFF

0,00

EUR

– 167 077,38

0,00

– 167 077,38

Export refunds- Live animals

2011

weakness on a key control concerning travel time related to transport of live animals

FLAT RATE

5,00

EUR

– 25 771,41

0,00

– 25 771,41

Export refunds- Live animals

2012

weakness on a key control concerning travel time related to transport of live animals

FLAT RATE

5,00

EUR

– 7 923,51

0,00

– 7 923,51

Export refunds- Live animals

2013

weakness on a key control concerning travel time related to transport of live animals

FLAT RATE

5,00

EUR

– 2 068,64

0,00

– 2 068,64

Export refunds- Live animals

2014

weakness on a key control concerning travel time related to transport of live animals

FLAT RATE

5,00

EUR

– 940,87

0,00

– 940,87

Total HU:

EUR

– 5 884 288,29

– 6 960,59

– 5 877 327,70

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

IE

Irregularities

2012

interest following late notifications to debtors

ONE OFF

0,00

EUR

– 24 310,00

0,00

– 24 310,00

Total IE:

EUR

– 24 310,00

0,00

– 24 310,00

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

IT

Decoupled Direct Aids

2009

Eligibility of permanent pasture

ONE OFF

 

EUR

– 3 291 735,88

0,00

– 3 291 735,88

Decoupled Direct Aids

2010

Eligibility of permanent pasture

FLAT RATE

5,00

EUR

– 3 244 105,28

0,00

– 3 244 105,28

Decoupled Direct Aids

2011

Eligibility of permanent pasture

FLAT RATE

5,00

EUR

– 2 708 898,96

0,00

– 2 708 898,96

Decoupled Direct Aids

2009

Incorrect application of 0,1Ha tolerance

ONE OFF

 

EUR

– 104 511,69

0,00

– 104 511,69

Decoupled Direct Aids

2010

Incorrect application of 0,1Ha tolerance

ONE OFF

 

EUR

– 35 336,77

0,00

– 35 336,77

Decoupled Direct Aids

2010

Lack of procedure for intentional non-compliance

ONE OFF

 

EUR

– 51 346,95

0,00

– 51 346,95

Total IT:

EUR

– 9 435 935,53

0,00

– 9 435 935,53

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

LU

Cross Compliance

2010

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 172 829,19

0,00

– 172 829,19

Cross Compliance

2011

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 119,86

0,00

– 119,86

Cross Compliance

2012

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 139,73

0,00

– 139,73

Cross Compliance

2009

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 525,20

0,00

– 525,20

Cross Compliance

2010

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 9,14

– 9,14

0,00

Cross Compliance

2011

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 170 803,10

0,00

– 170 803,10

Cross Compliance

2012

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 559,72

0,00

– 559,72

Cross Compliance

2013

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 9,94

0,00

– 9,94

Cross Compliance

2010

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 11,08

0,00

– 11,08

Cross Compliance

2012

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 68 099,37

0,00

– 68 099,37

Cross Compliance

2013

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 22,97

0,00

– 22,97

Cross Compliance

2011

Weaknesses in controls for some SMR, CY2012

FLAT RATE

2,00

EUR

– 4,41

0,00

– 4,41

Cross Compliance

2013

Weaknesses in controls for some SMR, CY2012

FLAT RATE

2,00

EUR

– 67 282,23

0,00

– 67 282,23

Total LU:

EUR

– 480 415,94

– 9,14

– 480 406,80

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

NL

Cross Compliance

2010

Leniency of the sanctioning system, CY 2009

ONE OFF

0,00

EUR

– 336 738,00

– 673,47

– 336 064,53

Cross Compliance

2011

Leniency of the sanctioning system, CY 2010

ONE OFF

0,00

EUR

– 404 673,00

– 809,34

– 403 863,66

Cross Compliance

2012

Leniency of the sanctioning system, CY 2011

ONE OFF

0,00

EUR

– 231 249,00

– 462,51

– 230 786,49

Cross Compliance

2011

Partial control of four SMRs, CY 2010

FLAT RATE

2,00

EUR

– 1 632 040,68

– 1 500,00

– 1 630 540,68

Cross Compliance

2012

Partial control of four SMRs, CY 2010

FLAT RATE

2,00

EUR

– 6 702,82

– 182,32

– 6 520,50

Cross Compliance

2012

Partial control of four SMRs, CY 2011

FLAT RATE

2,00

EUR

– 1 631 326,51

0,00

– 1 631 326,51

Cross Compliance

2010

Two GAEC missing, partial control of three SMRs, CY 2009

FLAT RATE

2,00

EUR

– 1 607 697,98

– 10 515,98

– 1 597 182,00

Cross Compliance

2011

Two GAEC missing, partial control of three SMRs, CY 2009

FLAT RATE

2,00

EUR

– 15,53

0,00

– 15,53

Cross Compliance

2012

Two GAEC missing, partial control of three SMRs, CY 2009

FLAT RATE

2,00

EUR

– 358,24

0,00

– 358,24

Total NL:

EUR

– 5 850 801,76

– 14 143,62

– 5 836 658,14

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

PL

Fruit and Vegetables — Operational Programmes

2009

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 31 264,18

0,00

– 31 264,18

Fruit and Vegetables — Operational Programmes

2010

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 29 697,91

0,00

– 29 697,91

Fruit and Vegetables — Operational Programmes

2011

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 18 292,77

0,00

– 18 292,77

Fruit and Vegetables — Operational Programmes

2012

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 63 191,19

0,00

– 63 191,19

Fruit and Vegetables — Pre-recognised Producer Groups

2009

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 2 931 872,36

0,00

– 2 931 872,36

Fruit and Vegetables — Pre-recognised Producer Groups

2010

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 9 080 094,98

0,00

– 9 080 094,98

Fruit and Vegetables — Pre-recognised Producer Groups

2011

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 17 373 186,08

0,00

– 17 373 186,08

Fruit and Vegetables — Pre-recognised Producer Groups

2012

On-the-spot control weakness — insufficient or inadequate quality of control

FLAT RATE

10,00

EUR

– 25 989 900,32

0,00

– 25 989 900,32

Cross Compliance

2010

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

– 3 689 271,34

– 79,06

– 3 689 192,28

Cross Compliance

2011

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

– 3 213,44

0,00

– 3 213,44

Cross Compliance

2012

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

164,81

0,00

164,81

Cross Compliance

2009

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

– 3 120 835,31

– 29 229,92

– 3 091 605,39

Cross Compliance

2010

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

– 2 453,25

0,00

– 2 453,25

Cross Compliance

2011

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

– 330,26

0,00

– 330,26

Certification

2012

Non-respect of payment deadlines

ONE OFF

 

EUR

– 8 334,38

– 8 334,38

0,00

Total PL:

EUR

– 62 341 772,96

– 37 643,36

– 62 304 129,60

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

PL

Cross Compliance

2010

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

PLN

0,00

– 180,84

180,84

Cross Compliance

2010

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

PLN

0,00

– 0,12

0,12

Total PL:

PLN

0,00

– 180,96

180,96

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

PT

Flax and Hemp

2001

Gravely deficient control system

FLAT RATE

25,00

EUR

– 501 445,57

0,00

– 501 445,57

Irregularities

2007

incorrect amount of interest in Annex III for all those cases cleared under the 50/50-rule for FY2006

ONE OFF

0,00

EUR

– 159 635,31

0,00

– 159 635,31

Irregularities

2010

incorrect amount of interest in Annex III for all those cases cleared under the 50/50-rule for FY2007

ONE OFF

0,00

EUR

– 9 699,57

0,00

– 9 699,57

Irregularities

2010

incorrect amount of interest in Annex III for all those cases cleared under the 50/50-rule for FY2008

ONE OFF

0,00

EUR

– 9 579,02

0,00

– 9 579,02

Irregularities

2007

incorrect year of PACA for cases which were cleared under 50/50 rule, or declared as irrecoverable within 4/8 years for FY2006

ONE OFF

0,00

EUR

– 15 985,64

0,00

– 15 985,64

Irregularities

2010

incorrect year of PACA for cases which were cleared under 50/50 rule, or declared as irrecoverable within 4/8 years for FY2008

ONE OFF

0,00

EUR

– 7 183,06

0,00

– 7 183,06

Irregularities

2010

incorrect year of PACA for cases which were cleared under 50/50 rule, or declared as irrecoverable within 4/8 years for FY2009

ONE OFF

0,00

EUR

– 106 753,07

0,00

– 106 753,07

Other Direct Aid — Bovines

2011

Irregularities concerning the eligibility of unidentified animals and concerning control of potentially eligible animals for slaughter premium

ONE OFF

0,00

EUR

– 286 265,67

0,00

– 286 265,67

Other Direct Aid — Bovines

2012

Irregularities concerning the eligibility of unidentified animals and concerning control of potentially eligible animals for slaughter premium

ONE OFF

0,00

EUR

– 2 112,59

0,00

– 2 112,59

Other Direct Aid — Ewe and Goats

2010

Noncompliance with the regular requirements (electronic ID) and late on-the-spot checks

FLAT RATE

5,00

EUR

– 1 364 355,53

0,00

– 1 364 355,53

Other Direct Aid — Ewe and Goats

2011

Noncompliance with the regular requirements (electronic ID) and late on-the-spot checks

FLAT RATE

5,00

EUR

– 12 406,16

0,00

– 12 406,16

Other Direct Aid — Ewe and Goats

2012

Noncompliance with the regular requirements (electronic ID) and late on-the-spot checks

FLAT RATE

5,00

EUR

– 875,95

0,00

– 875,95

Other Direct Aid — Ewe and Goats

2012

Noncompliance with the regular requirements (electronic ID) and late on-the-spot checks

FLAT RATE

25,00

EUR

– 6 882 369,01

0,00

– 6 882 369,01

Other Direct Aids

2010

Weaknesses in LPIS, Coupled Aids CY 2009

FLAT RATE

10,00

EUR

– 3 104 351,60

– 7 964,71

– 3 096 386,89

Other Direct Aids

2011

Weaknesses in LPIS, Coupled Aids, CY 2009

FLAT RATE

10,00

EUR

– 22 262,51

0,00

– 22 262,51

Other Direct Aids

2012

Weaknesses in LPIS, Coupled Aids, CY 2009

FLAT RATE

10,00

EUR

– 397,61

0,00

– 397,61

Other Direct Aids

2011

Weaknesses in LPIS, Coupled Aids, CY 2010

FLAT RATE

10,00

EUR

– 3 075 736,70

0,00

– 3 075 736,70

Other Direct Aids

2012

Weaknesses in LPIS, Coupled Aids, CY 2010

FLAT RATE

10,00

EUR

– 5 970,81

0,00

– 5 970,81

Other Direct Aids

2012

Weaknesses in LPIS, Coupled Aids, CY 2011

FLAT RATE

10,00

EUR

– 3 021 960,91

0,00

– 3 021 960,91

Decoupled Direct Aids

2010

Weaknesses in LPIS, CY 2009

FLAT RATE

10,00

EUR

– 38 487 387,22

0,00

– 38 487 387,22

Decoupled Direct Aids

2011

Weaknesses in LPIS, CY 2009

FLAT RATE

10,00

EUR

– 76 959,21

0,00

– 76 959,21

Decoupled Direct Aids

2012

Weaknesses in LPIS, CY 2009

FLAT RATE

10,00

EUR

– 21 658,30

0,00

– 21 658,30

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

2011

Weaknesses in LPIS, CY 2010

FLAT RATE

5,00

EUR

– 596 448,77

0,00

– 596 448,77

Decoupled Direct Aids

2011

Weaknesses in LPIS, CY 2010

FLAT RATE

10,00

EUR

– 39 743 230,07

0,00

– 39 743 230,07

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

2012

Weaknesses in LPIS, CY 2010

FLAT RATE

5,00

EUR

– 14 755,30

0,00

– 14 755,30

Decoupled Direct Aids

2012

Weaknesses in LPIS, CY 2010

FLAT RATE

10,00

EUR

– 79 741,00

0,00

– 79 741,00

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

2012

Weaknesses in LPIS, CY 2011

FLAT RATE

5,00

EUR

– 506 205,32

0,00

– 506 205,32

Decoupled Direct Aids

2012

Weaknesses in LPIS, CY 2011

FLAT RATE

10,00

EUR

– 39 273 425,47

0,00

– 39 273 425,47

Total PT:

EUR

– 137 389 156,95

– 7 964,71

– 137 381 192,24

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SE

Certification

2011

Accounting correction

ONE OFF

 

EUR

– 162 010,82

0,00

– 162 010,82

Cross Compliance

2010

Reduce scope of control for SMR2, CY 2009

FLAT RATE

2,00

EUR

– 935 582,59

– 923,22

– 934 659,37

Cross Compliance

2011

Reduce scope of control for SMR2, CY 2010

FLAT RATE

2,00

EUR

– 937 501,48

0,00

– 937 501,48

Cross Compliance

2012

Reduce scope of control for SMR2, CY 2011

FLAT RATE

2,00

EUR

– 922 366,51

0,00

– 922 366,51

Total SE:

EUR

– 2 957 461,40

– 923,22

– 2 956 538,18

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SI

Certification

2013

EAGF IACS known errors

ONE OFF

 

EUR

– 285,33

0,00

– 285,33

Total SI:

EUR

– 285,33

0,00

– 285,33

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SK

Certification

2012

Extrapolated error in the EAGF non-IACS population

ONE OFF

 

EUR

– 195 952,67

0,00

– 195 952,67

Certification

2006

Known error in the EAGF non-IACS

ONE OFF

 

EUR

– 96 733,42

0,00

– 96 733,42

Decoupled Direct Aids

2009

Non increase of the sample and absence of retroactive recoveries — claim year 2008

ONE OFF

0,00

EUR

– 183 679,07

0,00

– 183 679,07

Decoupled Direct Aids

2010

Non increase of the sample and absence of retroactive recoveries — claim year 2009

ONE OFF

0,00

EUR

– 652 124,20

0,00

– 652 124,20

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

2011

On-the-spot check weaknesses

FLAT RATE

2,00

EUR

– 160 973,20

0,00

– 160 973,20

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

2012

On-the-spot check weaknesses

FLAT RATE

2,00

EUR

– 212 310,92

0,00

– 212 310,92

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

2013

On-the-spot check weaknesses

FLAT RATE

2,00

EUR

– 133,03

0,00

– 133,03

Total SK:

EUR

– 1 501 906,51

0,00

– 1 501 906,51


Currency

Amount

Deductions

Financial Impact

EUR

– 725 462 955,02

– 26 198 272,98

– 699 264 682,04

PLN

0,00

– 180,96

180,96

Budget Item: 6711

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

BE

Certification

2010

correction for the most likely errors

ONE OFF

 

EUR

– 849 182,72

0,00

– 849 182,72

Certification

2011

most likely error and administrative errors

ONE OFF

 

EUR

– 222 353,90

0,00

– 222 353,90

Certification

2012

most likely error (EARDF non-IACS)

ONE OFF

 

EUR

– 268 140,00

0,00

– 268 140,00

Total BE:

EUR

– 1 339 676,62

0,00

– 1 339 676,62

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

BG

Cross Compliance

2012

No evaluation of non-compliances, weakness in risk analysis CY2011

FLAT RATE

2,00

EUR

– 69 011,49

0,00

– 69 011,49

Cross Compliance

2009

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

– 16 815,22

– 1 493,59

– 15 321,63

Cross Compliance

2010

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

2 594,34

0,00

2 594,34

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2008

FLAT RATE

2,00

EUR

374,06

0,00

374,06

Cross Compliance

2010

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

– 42 258,52

– 2 078,57

– 40 179,95

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

703,39

0,00

703,39

Cross Compliance

2012

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2009

FLAT RATE

2,00

EUR

790,42

0,00

790,42

Cross Compliance

2011

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2010

FLAT RATE

2,00

EUR

– 42 144,65

– 28 767,01

– 13 377,64

Cross Compliance

2012

Weaknesses in the control of 3 GAEC standards, No evaluation of non-compliances, CY2010

FLAT RATE

2,00

EUR

1 105,49

55,28

1 050,21

Total BG:

EUR

– 164 662,18

– 32 283,89

– 132 378,29

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

DE

Certification

2010

errors found in the procedure of clearance of accounts for financial year 2010

ONE OFF

0,00

EUR

– 155 205,74

0,00

– 155 205,74

Certification

2012

Financial errors identified by the Certification Body

ONE OFF

 

EUR

– 2 168,71

0,00

– 2 168,71

Certification

2013

Financial errors identified by the Certification Body

ONE OFF

 

EUR

– 2 552,58

0,00

– 2 552,58

Certification

2011

Financial errors in the EAFRD non-IACS population

ONE OFF

 

EUR

– 1 281 363,06

0,00

– 1 281 363,06

Certification

2012

Financial errors in the EAFRD non-IACS population

ONE OFF

 

EUR

– 468 402,54

– 1 572,93

– 466 829,61

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

2011

Weakness in the on-the-spot checks

FLAT RATE

5,00

EUR

– 139 742,70

0,00

– 139 742,70

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

2012

Weakness in the on-the-spot checks

FLAT RATE

2,00

EUR

– 57 671,91

0,00

– 57 671,91

Total DE:

EUR

– 2 107 107,24

– 1 572,93

– 2 105 534,31

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

DK

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2008

aid paid in excess of the 60 % aid intensity rate stipulated in the Rural Development Programme 2007- 2013

ONE OFF

0,00

EUR

– 740 432,69

0,00

– 740 432,69

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2009

aid paid in excess of the 60 % aid intensity rate stipulated in the Rural Development Programme 2007- 2013

ONE OFF

0,00

EUR

– 1 131 207,95

0,00

– 1 131 207,95

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2010

aid paid in excess of the 60 % aid intensity rate stipulated in the Rural Development Programme 2007- 2013

ONE OFF

0,00

EUR

– 159 254,22

0,00

– 159 254,22

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2008

Insufficient checks under Article 26.2 (d) of Regulation (EC) 1975/2006

FLAT RATE

5,00

EUR

– 67 021,43

– 24 903,33

– 42 118,10

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2009

Insufficient checks under Article 26.2 (d) of Regulation (EC) 1975/2006

FLAT RATE

5,00

EUR

– 178 668,72

– 56 560,40

– 122 108,32

Rural Development EAFRD Axis 1+3 — others (2007-2013)

2010

Insufficient checks under Article 26.2 (d) of Regulation (EC) 1975/2006

FLAT RATE

5,00

EUR

– 24 190,83

– 7 962,71

– 16 228,12

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

2009

non-eligible expenditure

ONE OFF

0,00

EUR

– 44 363,28

0,00

– 44 363,28

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

2010

non-eligible expenditure

ONE OFF

0,00

EUR

– 23 894,92

0,00

– 23 894,92

Total DK:

EUR

– 2 369 034,04

– 89 426,44

– 2 279 607,60

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

EE

Rural Development EAFRD Axis 4 LEADER (2007-2013)

2012

Weakness detected for file no 430010782587 (technical specifications modified vs the 3 offers available in the application)

ONE OFF

 

EUR

– 30 677,59

0,00

– 30 677,59

Total EE:

EUR

– 30 677,59

0,00

– 30 677,59

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

ES

Rural Development EAFRD Axis 4 LEADER (2007-2013)

2011

Cash payments accepted for amounts higher than EUR 3000

ONE OFF

 

EUR

– 3 429,35

0,00

– 3 429,35

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

2011

DAS 2012 follow up

ONE OFF

 

EUR

– 54 678,48

0,00

– 54 678,48

Certification

2013

EAFRD non-IACS error calculated by Most Likely Error

ONE OFF

 

EUR

– 13 102,05

0,00

– 13 102,05

Certification

2013

EAFRD non-IACS random errors and EAGF control statistics

ONE OFF

 

EUR

– 292 416,33

– 243 453,83

– 48 962,50

Certification

2013

EAGF and EAFRD errors in annex III, known errors and Most Likely Error

ONE OFF

 

EUR

– 22 195,17

0,00

– 22 195,17

Certification

2013

EAGF non-IACS and EAFRD non-IACS known errors

ONE OFF

 

EUR

– 26 105,45

0,00

– 26 105,45

Clearance of accounts — Financial Clearance

2009

Errors in the measure 123 (Adding value to agricultural and forestry products)

ONE OFF

0,00

EUR

– 660 118,11

0,00

– 660 118,11

Certification

2013

Interests not declared on annex III amounts regarding EAFRD

ONE OFF

 

EUR

– 3 524,23

0,00

– 3 524,23

Certification

2010

Known error (EAFRD non-IACS)

ONE OFF

0,00

EUR

– 10 900,75

0,00

– 10 900,75

Cross Compliance

2010

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 21 359,77

0,00

– 21 359,77

Cross Compliance

2011

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 991,68

0,00

– 991,68

Cross Compliance

2012

Limited scope of SMR5 checks, CY2009

FLAT RATE

2,00

EUR

– 17,03

0,00

– 17,03

Rural Development EAFRD Axis 4 LEADER (2007-2013)

2011

Missing checks on reasonableness of costs

ONE OFF

 

EUR

– 200 000,00

0,00

– 200 000,00

Rural Development EAFRD Axis 4 LEADER (2007-2013)

2012

Missing checks on reasonableness of costs

ONE OFF

 

EUR

– 494 665,62

0,00

– 494 665,62

Total ES:

EUR

– 1 803 504,02

– 243 453,83

– 1 560 050,19

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

FI

Cross Compliance

2011

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

– 117 417,02

– 1 255,65

– 116 161,37

Cross Compliance

2012

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

296,44

0,00

296,44

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2010

FLAT RATE

2,00

EUR

119,20

0,00

119,20

Cross Compliance

2011

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2011

FLAT RATE

2,00

EUR

– 322 314,30

0,00

– 322 314,30

Cross Compliance

2012

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2011

FLAT RATE

2,00

EUR

– 124 630,16

– 1 116,39

– 123 513,77

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2011

FLAT RATE

2,00

EUR

237,29

0,00

237,29

Cross Compliance

2012

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2012

FLAT RATE

2,00

EUR

– 322 673,61

0,00

– 322 673,61

Cross Compliance

2013

Partial checks for one GAEC and SMR2, 3, 7, 8, 11 and 16-18, CY2012

FLAT RATE

2,00

EUR

– 148 165,33

0,00

– 148 165,33

Total FI:

EUR

– 1 034 547,49

– 2 372,04

– 1 032 175,45

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

FR

Certification

2011

correction of error from previous exercise (FY 2008)

ONE OFF

 

EUR

– 316,93

0,00

– 316,93

Certification

2011

correction of Most Likely Error

ONE OFF

 

EUR

– 64 506,94

0,00

– 64 506,94

Clearance of Accounts — Conformity Clearance

2011

Known error (EAFRD Non- IACS)

ONE OFF

0,00

EUR

– 782 916,85

0,00

– 782 916,85

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

2011

Lack of animal-counting and then of assessment of the livestock density during on-the-spot checks

FLAT RATE

10,00

EUR

– 22 305 396,89

– 2 656 820,83

– 19 648 576,06

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

2012

Lack of animal-counting and then of assessment of the livestock density during on-the-spot checks

FLAT RATE

10,00

EUR

– 46 755 450,92

– 9 650 360,15

– 37 105 090,77

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

2013

Lack of animal-counting and then of assessment of the livestock density during on-the-spot checks

FLAT RATE

10,00

EUR

– 46 471 360,90

– 4 948 400,38

– 41 522 960,52

Certification

2012

Most Likely Error correction

ONE OFF

 

EUR

– 63 400,43

0,00

– 63 400,43

Clearance of Accounts — Conformity Clearance

2011

Most likely error (EAFRD IACS)

ONE OFF

0,00

EUR

– 7 657 843,46

– 7 637 276,78

– 20 566,68

Clearance of Accounts — Conformity Clearance

2011

Most likely error (EAFRD Non- IACS)

ONE OFF

0,00

EUR

– 1 750 641,89

– 372 722,18

– 1 377 919,71

Total FR:

EUR

– 125 851 835,21

– 25 265 580,32

– 100 586 254,89

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

GB

Certification

2011

Financial errors in the EAFRD non-IACS population

ONE OFF

 

EUR

– 1 306 993,00

0,00

– 1 306 993,00

Certification

2012

Financial errors in the EAFRD non-IACS population

ONE OFF

 

EUR

– 1 596 378,44

0,00

– 1 596 378,44

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

2010

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

2,00

EUR

– 300 348,62

– 3 991,44

– 296 357,18

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

2010

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

5,00

EUR

– 1 413 238,27

0,00

– 1 413 238,27

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

2011

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

2,00

EUR

– 103 768,07

– 99 876,41

– 3 891,66

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

2011

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

5,00

EUR

– 2 996 703,65

0,00

– 2 996 703,65

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

2012

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

2,00

EUR

– 1 424,63

– 1 424,63

0,00

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

2012

weaknesses in cross-checks and on-the-spot controls

FLAT RATE

5,00

EUR

– 564 186,68

0,00

– 564 186,68

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

2012

Weaknesses in the LPIS-GIS and in the on-the-spot checks

FLAT RATE

2,00

EUR

– 655,53

0,00

– 655,53

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

2011

Weaknesses in the LPIS-GIS and the in on-the-spot checks

FLAT RATE

2,00

EUR

– 99 876,41

0,00

– 99 876,41

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

2012

Weaknesses in the LPIS-GIS and the in on-the-spot checks

FLAT RATE

2,00

EUR

– 75 788,97

0,00

– 75 788,97

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

2011

Weaknesses in updating LPIS maximum eligible area, Agri-environment measures, CY 2010

FLAT RATE

5,00

EUR

– 221 950,51

0,00

– 221 950,51

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

2012

Weaknesses in updating LPIS maximum eligible area, Agri-environment measures, CY 2010

FLAT RATE

5,00

EUR

– 69 387,51

0,00

– 69 387,51

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

2012

Weaknesses in updating LPIS maximum eligible area, Agri-environment measures, CY 2011

FLAT RATE

5,00

EUR

– 160 272,96

0,00

– 160 272,96

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

2013

Weaknesses in updating LPIS maximum eligible area, Agri-environment measures, CY 2012

FLAT RATE

5,00

EUR

– 229 071,45

0,00

– 229 071,45

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

2011

Weaknesses in updating LPIS maximum eligible area, Less-favoured area, CY 2010

EXTRAPOLATED

4,93

EUR

– 606 376,23

0,00

– 606 376,23

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

2012

Weaknesses in updating LPIS maximum eligible area, Less-favoured area, CY 2010

EXTRAPOLATED

4,93

EUR

– 799,88

0,00

– 799,88

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

2012

Weaknesses in updating LPIS maximum eligible area, Less-favoured area, CY 2011

EXTRAPOLATED

7,23

EUR

– 1 313 436,22

0,00

– 1 313 436,22

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

2013

Weaknesses in updating LPIS maximum eligible area, Less-favoured area, CY 2012

EXTRAPOLATED

4,93

EUR

– 12 197,20

0,00

– 12 197,20

Total GB:

EUR

– 11 072 854,23

– 105 292,48

– 10 967 561,75

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

GR

Cross Compliance

2010

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

– 153 198,35

– 5 327,59

– 147 870,76

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

– 187 418,78

0,00

– 187 418,78

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2009

FLAT RATE

2,00

EUR

– 2 231,63

0,00

– 2 231,63

Cross Compliance

2010

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 35 104,46

0,00

– 35 104,46

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 204 353,87

0,00

– 204 353,87

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 36 611,23

0,00

– 36 611,23

Cross Compliance

2013

Incomplete check for 3 SMR and 1 GAEC, CY 2010

FLAT RATE

2,00

EUR

– 4 633,82

0,00

– 4 633,82

Cross Compliance

2011

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 61 471,51

0,00

– 61 471,51

Cross Compliance

2012

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 324 047,75

0,00

– 324 047,75

Cross Compliance

2013

Incomplete check for 3 SMR and 1 GAEC, CY 2011

FLAT RATE

2,00

EUR

– 24 741,40

0,00

– 24 741,40

Total GR:

EUR

– 1 033 812,80

– 5 327,59

– 1 028 485,21

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

HU

Cross Compliance

2011

Ineffective or partial checks for 4 SMRs, CY2010

FLAT RATE

2,00

EUR

– 312 467,18

– 0,47

– 312 466,71

Cross Compliance

2012

Ineffective or partial checks for 4 SMRs, CY2011

FLAT RATE

2,00

EUR

– 298 558,71

0,00

– 298 558,71

Cross Compliance

2009

No definition of a GAEC standard, CY2008

FLAT RATE

2,00

EUR

– 42 691,18

– 1 096,09

– 41 595,09

Cross Compliance

2010

No definition of a GAEC standard, Ineffective or partial checks for 4 SMRs, CY2009

FLAT RATE

2,00

EUR

– 277 887,36

– 390,56

– 277 496,80

Total HU:

EUR

– 931 604,43

– 1 487,12

– 930 117,31

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

IT

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

2011

Non-respect of 18 months deadline — Art. 13(4) of Reg.1974/2006

FLAT RATE

5,00

EUR

– 38 931,65

0,00

– 38 931,65

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

2012

Non-respect of 18 months deadline — Art. 13(4) of Reg.1974/2006

FLAT RATE

5,00

EUR

– 220 159,01

0,00

– 220 159,01

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

2013

Non-respect of 18 months deadline — Art. 13(4) of Reg.1974/2006

FLAT RATE

5,00

EUR

– 222 762,74

– 1 364 263,70

1 141 500,96

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

2011

Weaknesses on the on-the-spot controls

FLAT RATE

2,00

EUR

– 89 263,40

0,00

– 89 263,40

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

2011

Weaknesses on the on-the-spot controls

FLAT RATE

5,00

EUR

– 561 912,24

0,00

– 561 912,24

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

2012

Weaknesses on the on-the-spot controls

FLAT RATE

2,00

EUR

– 88 547,61

0,00

– 88 547,61

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

2012

Weaknesses on the on-the-spot controls

FLAT RATE

5,00

EUR

– 770 037,00

0,00

– 770 037,00

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

2011

Weakness in the on the spot checks

FLAT RATE

2,00

EUR

– 6 013,85

0,00

– 6 013,85

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

2011

Weakness in the on the spot checks

FLAT RATE

5,00

EUR

– 475 521,25

0,00

– 475 521,25

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

2012

Weakness in the on the spot checks

FLAT RATE

2,00

EUR

– 9 979,46

0,00

– 9 979,46

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

2012

Weakness in the on the spot checks

FLAT RATE

5,00

EUR

– 180 719,23

0,00

– 180 719,23

Total IT:

EUR

– 2 663 847,44

– 1 364 263,70

– 1 299 583,74

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

LT

Rural Development EAFRD Axis 1 — Measures with flat rate support

2011

deficiencies in the Early Retirement scheme

FLAT RATE

5,00

EUR

– 723 284,18

0,00

– 723 284,18

Rural Development EAFRD Axis 1 — Measures with flat rate support

2012

deficiencies in the Early Retirement scheme

FLAT RATE

5,00

EUR

– 637 047,08

0,00

– 637 047,08

Rural Development EAFRD Axis 1 — Measures with flat rate support

2013

deficiencies in the Early Retirement scheme

FLAT RATE

5,00

EUR

– 577 968,82

0,00

– 577 968,82

Total LT:

EUR

– 1 938 300,08

0,00

– 1 938 300,08

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

LU

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

2012

Control weaknesses

FLAT RATE

2,00

EUR

– 9 535,97

0,00

– 9 535,97

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

2013

Control weaknesses

FLAT RATE

2,00

EUR

– 10 852,37

0,00

– 10 852,37

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

2007

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 1 698,74

0,00

– 1 698,74

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

2009

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 81 935,90

0,00

– 81 935,90

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

2010

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 15 911,78

0,00

– 15 911,78

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

2011

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 143 677,09

– 1 058,16

– 142 618,93

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

2012

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 85 606,50

0,00

– 85 606,50

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

2013

Recovery of expenses and payments in installments

ONE OFF

 

EUR

– 3 346,10

0,00

– 3 346,10

Cross Compliance

2010

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 33 426,58

– 756,39

– 32 670,19

Cross Compliance

2011

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 267,21

0,00

– 267,21

Cross Compliance

2012

Weaknesses in controls and sanctions for many SMR, CY2009

FLAT RATE

5,00

EUR

– 73,03

0,00

– 73,03

Cross Compliance

2010

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

4,54

0,00

4,54

Cross Compliance

2011

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 37 044,42

– 724,56

– 36 319,86

Cross Compliance

2012

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 795,19

0,00

– 795,19

Cross Compliance

2013

Weaknesses in controls and sanctions for many SMR, CY2010

FLAT RATE

5,00

EUR

– 17,23

0,00

– 17,23

Cross Compliance

2011

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 1 127,36

0,00

– 1 127,36

Cross Compliance

2012

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 14 826,04

– 190,28

– 14 635,76

Cross Compliance

2013

Weaknesses in controls for some SMR, CY2011

FLAT RATE

2,00

EUR

– 43,48

0,00

– 43,48

Cross Compliance

2012

Weaknesses in controls for some SMR, CY2012

FLAT RATE

2,00

EUR

– 16,59

0,00

– 16,59

Cross Compliance

2013

Weaknesses in controls for some SMR, CY2012

FLAT RATE

2,00

EUR

– 14 920,14

– 70,99

– 14 849,15

Total LU:

EUR

– 455 117,18

– 2 800,38

– 452 316,80

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

NL

Certification

2013

Most likely error

ONE OFF

 

EUR

– 42 793,00

0,00

– 42 793,00

Cross Compliance

2011

Partial control of four SMRs, CY 2010

FLAT RATE

2,00

EUR

– 43 836,31

0,00

– 43 836,31

Cross Compliance

2012

Partial control of four SMRs, CY 2011

FLAT RATE

2,00

EUR

– 73 073,89

0,00

– 73 073,89

Cross Compliance

2010

Two GAEC missing, partial control of three SMRs, CY 2009

FLAT RATE

2,00

EUR

– 34 616,83

0,00

– 34 616,83

Total NL:

EUR

– 194 320,03

0,00

– 194 320,03

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

PL

Cross Compliance

2010

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

– 920 956,49

– 2 599,64

– 918 356,85

Cross Compliance

2011

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

– 1 637,99

0,00

– 1 637,99

Cross Compliance

2012

1 GAEC not adequately defined and not controlled, CY 2009

FLAT RATE

2,00

EUR

829,37

0,00

829,37

Cross Compliance

2009

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

– 859 668,25

– 17 327,49

– 842 340,76

Cross Compliance

2010

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

– 671,06

0,00

– 671,06

Cross Compliance

2011

3 GAEC not defined or controlled, incorrect application of repetition, CY 2008

FLAT RATE

2,00

EUR

1 493,39

0,00

1 493,39

Total PL:

EUR

– 1 780 611,03

– 19 927,13

– 1 760 683,90

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

PT

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

2009

Weaknesses in LPIS, RD, CY2009

FLAT RATE

5,00

EUR

– 4 465 827,52

– 816 938,24

– 3 648 889,28

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

2010

Weaknesses in LPIS, RD, CY2009

FLAT RATE

5,00

EUR

– 2 780 072,82

– 449 485,15

– 2 330 587,67

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

2011

Weaknesses in LPIS, RD, CY2009

FLAT RATE

5,00

EUR

– 82 221,34

0,00

– 82 221,34

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

2012

Weaknesses in LPIS, RD, CY2009

FLAT RATE

5,00

EUR

– 14 201,20

0,00

– 14 201,20

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

2010

Weaknesses in LPIS, RD, CY2010

FLAT RATE

5,00

EUR

– 3 749 104,01

0,00

– 3 749 104,01

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

2011

Weaknesses in LPIS, RD, CY2010

FLAT RATE

5,00

EUR

– 4 067 474,49

0,00

– 4 067 474,49

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

2012

Weaknesses in LPIS, RD, CY2010

FLAT RATE

5,00

EUR

– 229 875,48

0,00

– 229 875,48

Total PT:

EUR

– 15 388 776,86

– 1 266 423,39

– 14 122 353,47

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

RO

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

2011

Verification of the eligibility criteria for SME

FLAT RATE

5,00

EUR

– 3 355 151,85

0,00

– 3 355 151,85

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

2012

Verification of the eligibility criteria for SME

FLAT RATE

5,00

EUR

– 287 527,73

0,00

– 287 527,73

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

2011

Lack of traceability of checks carried out on the spot

FLAT RATE

2,00

EUR

– 2 731 178,66

– 2 731 178,66

0,00

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

2009

non-efficient eligibility check and non-efficient cost reasonableness verification

FLAT RATE

10,00

EUR

– 1 133 070,66

0,00

– 1 133 070,66

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

2010

non-efficient eligibility check and non-efficient cost reasonableness verification

FLAT RATE

10,00

EUR

– 5 770 820,63

0,00

– 5 770 820,63

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

2011

non-efficient eligibility check and non-efficient cost reasonableness verification

FLAT RATE

10,00

EUR

– 950 205,57

0,00

– 950 205,57

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

2012

non-efficient eligibility check and non-efficient cost reasonableness verification

FLAT RATE

10,00

EUR

– 7 608 827,95

0,00

– 7 608 827,95

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

2009

Not enough control on the reasonableness of the costs (purchases of goods)

FLAT RATE

5,00

EUR

– 2 620 758,90

– 2 620 758,90

0,00

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

2010

Not enough control on the reasonableness of the costs (purchases of goods)

FLAT RATE

5,00

EUR

– 4 160 449,26

– 4 160 449,26

0,00

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

2011

Not enough control on the reasonableness of the costs (purchases of goods)

FLAT RATE

5,00

EUR

– 3 638 274,92

0,00

– 3 638 274,92

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

2012

Not enough control on the reasonableness of the costs (purchases of goods)

FLAT RATE

5,00

EUR

– 3 118 370,51

0,00

– 3 118 370,51

Total RO:

EUR

– 35 374 636,64

– 9 512 386,82

– 25 862 249,82

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SE

Clearance of Accounts — Conformity Clearance

2013

Known Error (EAFRD-IACS population)

ONE OFF

0,00

EUR

– 488,09

0,00

– 488,09

Certification

2011

Most Likely Error (EAFRD non-IACS)

ONE OFF

 

EUR

– 1 649 879,53

0,00

– 1 649 879,53

Clearance of Accounts — Conformity Clearance

2013

Most Likely Error (EAFRD non-IACS population)

ONE OFF

0,00

EUR

– 730 668,81

0,00

– 730 668,81

Cross Compliance

2010

Reduce scope of control for SMR2, RD, CY 2009

FLAT RATE

2,00

EUR

– 138 868,55

0,00

– 138 868,55

Cross Compliance

2011

Reduce scope of control for SMR2, RD, CY 2010

FLAT RATE

2,00

EUR

– 189 154,34

0,00

– 189 154,34

Cross Compliance

2012

Reduce scope of control for SMR2, RD, CY 2011

FLAT RATE

2,00

EUR

– 196 441,61

0,00

– 196 441,61

Total SE:

EUR

– 2 905 500,93

0,00

– 2 905 500,93

Member State

Measure

FY

Reason

Type

Correction (%)

Currency

Amount

Deductions

Financial Impact

SI

Certification

2013

EAFRD debts prematurely declared irrecoverable

ONE OFF

 

EUR

– 1 214,10

0,00

– 1 214,10

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

2011

Lack of administrative checks — crop rotation

ONE OFF

 

EUR

– 136 630,13

0,00

– 136 630,13

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

2011

Lack of administrative checks related to specific commitments under certain agro-environement measures (214)

ONE OFF

 

EUR

– 9 476,10

0,00

– 9 476,10

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

2012

Lack of administrative checks related to specific commitments under certain agro-environement measures (214)

ONE OFF

 

EUR

– 9 463,42

0,00

– 9 463,42

Total SI:

EUR

– 156 783,75

0,00

– 156 783,75


Currency

Amount

Deductions

Financial Impact

EUR

– 208 597 209,79

– 37 912 598,06

– 170 684 611,73


10.7.2015   

EN

Official Journal of the European Union

L 182/88


COMMISSION IMPLEMENTING DECISION (EU) 2015/1120

of 8 July 2015

exempting exploration for oil and gas in Greece from the application of Directive 2004/17/EC of the European Parliament and of the Council coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors

(notified under document C(2015) 4512)

(Only the Greek text is authentic)

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors (1), and in particular Article 30(4),

Having regard to the request submitted by Hellenic Petroleum S.A. by e-mail of 2 February 2015,

Whereas:

I.   FACTS

(1)

On 2 February 2015, Hellenic Petroleum S.A. (hereinafter ‘the applicant’) submitted a request to the Commission pursuant to Article 35(1) of Directive 2014/25/EU of the European Parliament and of the Council (2), transmitted to the Commission by e-mail. Pursuant to that request, the Commission was asked to establish that the provisions of Directive 2004/17/EC, and the procurement procedures provided for in that Directive, did not apply to exploration for oil and gas in Greece.

(2)

On 23 December 2014 the same applicant submitted a request pursuant to Article 35(1) of Directive 2014/25/EU concerning exploration for oil and gas, production of oil and production of gas in Greece. The Commission replied on 8 January 2015 indicating that the request was incomplete and consequently, in accordance with the provisions of the third subparagraph of point 1 of Annex IV to Directive 2014/25/EU, the deadline for adoption of the relevant implementing decision was set to commence on the first working day following the receipt of the complete information. The applicant resubmitted a complete request on 2 February 2015. However, that request did not cover production of oil and production of gas, but only the activity of exploration of oil and gas.

(3)

By letter dated 5 March 2015, the Commission informed Greece of the request submitted in accordance with the first subparagraph of Article 30(5) of Directive 2004/17/EC, and requested additional information from that Member State.

II.   LEGAL FRAMEWORK

(4)

Until repealed, Directive 2004/17/EC applies to the award of contracts for the pursuit of exploration for oil and gas, unless this activity is exempted pursuant to Article 30 of that Directive. From a procedural point of view, however, the provisions of Directive 2014/25/EU apply to requests for exemption, as the material conditions for granting an exemption remain unchanged as to substance.

(5)

According to Article 30 of Directive 2004/17/EC, contracts intended to enable one of the activities referred to in Articles 3 to 7 of that Directive are not subject to that Directive if, in the Member State in which it is performed, the activity is directly exposed to competition on markets to which access is not restricted. Direct exposure to competition is assessed on the basis of objective criteria, taking account of the specific characteristics of the sector concerned. Access to a given market is deemed to be unrestricted if the Member State has implemented and applied Union legislation relating to the opening of the relevant market as set out in Annex XI to Directive 2004/17/EC. Pursuant to Point G of that Annex XI, Directive 94/22/EC of the European Parliament and of the Council (3) constitutes relevant Union legislation relating to the opening of the market for the exploration for and extraction of oil or gas.

(6)

Greece has transposed (4) and applied Directive 94/22/EC. Therefore, access to the market for the exploration for and extraction of oil or gas is deemed not to be restricted in accordance with the first subparagraph of Article 30(3) of Directive 2004/17/EC.

(7)

For the purposes of assessing whether the relevant activity is subject to direct competition in the markets concerned by this Decision, the market share of the main players and the degree of concentration of those markets is to be taken into account.

(8)

This Decision is without prejudice to the application of the rules on competition.

III.   ASSESSMENT

(9)

The applicant is a Greek public undertaking active in the oil and gas market.

(10)

The request is limited to the exploration for oil and gas. The applicant, together with Edison International SpA and Petroceltic Resources Plc with whom it forms a consortium (each company holds a participation interest of 33,3 %), received exploitation rights from the Greek State for the offshore field of the Western Patraikos Gulf. In this consortium, the applicant is the project operator and is in charge of exploration, appraisal, development, production and decommissioning operations. The applicant is responsible for all procurement required for the development of the exploration for and production activities.

(11)

Greece recently organised a number of open procedures in two licencing rounds in which all undertakings fulfilling the standard criteria in line with the relevant EU rules had the opportunity to participate. In the first licencing round, besides the above mentioned consortia, licences for exploration have also been granted to Energean Oil and Gas — Energeiaki Aigaiou Anonimi Etaireia Erevnas kai Paragogis Ydrogonanthrakon and Petra Petroleum (with a participation of 80 % – 20 %) for the Ioannina block and to Energean Oil and Gas — Energeiaki Aigaiou Anonimi Etaireia Erevnas kai Paragogis Ydrogonanthrakon and Trajan Oil & Gas Limited (with a participation of 60 % – 40 %) for the Katakolon block. A second licencing round was announced in November 2014, and all interested parties were invited to participate in the procedure for award of exploration and exploitation licences for 20 offshore blocks in western Greece.

(12)

According to established Commission practice (5), exploration for oil and natural gas should be regarded as constituting one relevant product market, since it is not possible from the outset to determine whether the exploration will result in finding oil or natural gas. Moreover, in accordance with such practice, the geographical scope of that market should be considered to be worldwide. Given that there is no indication that the definition of the geographical scope of the market would be different in this case, it should be maintained for the purposes of this Decision.

(13)

The market shares of operators active in exploration can be measured by reference to three variables: capital expenditure, proven reserves and expected production.

(14)

The use of capital expenditure to measure the market shares of operators on the exploration market has, however, been considered unsuitable because of the extent of the differences between the required levels of investment that may be necessary in different geographic areas. The two other parameters, namely proven reserves and expected production, have typically been applied to assess the market shares of economic operators within this sector (6).

(15)

As of 31 December 2013, the global, proven oil and gas reserves amounted to a total of 469,7 billion standard cubic metres oil equivalent (hereafter ‘Sm3 o. e.’) worldwide, according to the available information (7). As of 31 December 2013, Greece had a less than 0,03 % share of proven oil reserves and a 0 % share of proven natural gas reserves. According to the request, preliminary estimates/predictions suggest that the blocks for which concessions have already been awarded could potentially lead to the discovery of 253-283 million barrels of crude oil. Even if these estimates are confirmed and become proven reserves (8), then the relevant share of Greece in the worldwide market would still remain negligibly minimal (less than 0,05 %).

(16)

The individual share of the undertakings operating or of those that will operate in Greece in the foreseeable future will be even smaller. The applicant has not produced any oil or natural gas in Greece or any other country in the past three financial years.

(17)

The exploration market is not highly concentrated. Apart from state-owned companies, the market is characterised by the presence of three international vertically integrated private players named the super majors (BP, ExxonMobil and Shell) as well as a certain number of so-called ‘majors’. These elements are an indication of direct exposure to competition.

IV.   CONCLUSION

(18)

On the basis of the considerations set out in recitals 1 to 17, the condition of direct exposure to competition laid down in Article 30(1) of Directive 2004/17/EC should be considered to be met in Greece.

(19)

Since the condition of unrestricted access to the market is deemed to be met, Directive 2004/17/EC should not apply when contracting entities award contracts intended to enable the exploration for oil and natural gas to be carried out in Greece, nor when design contests are organised for the pursuit of such an activity in that geographic area.

(20)

This Decision is based on the legal and factual situation as of January 2015 to May 2015 as it appears from the information submitted by the applicant. It may be revised, should significant changes in the legal or factual situation mean that the conditions for the applicability of Article 30(1) of Directive 2004/17/EC are no longer met.

(21)

The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee for Public Contracts,

HAS ADOPTED THIS DECISION:

Article 1

Directive 2004/17/EC shall not apply to contracts awarded by contracting entities and intended to enable the exploration for oil and natural gas to be carried out in Greece.

Article 2

This Decision is addressed to the Hellenic Republic.

Done at Brussels, 8 July 2015.

For the Commission

Elżbieta BIEŃKOWSKA

Member of the Commission


(1)   OJ L 134, 30.4.2004, p. 1.

(2)  Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243).

(3)  Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons (OJ L 164, 30.6.1994, p. 3).

(4)  Law No 2289/1995 on exploration for, exploitation of hydrocarbons and Law No 4001/2011.

(5)  See in particular the Commission Decision of 19 November 2007 declaring a concentration to be compatible with the common market (Case No COMP/M.4934 — KazMunaiGaz/Rompetrol) according to Council Regulation (EC) No 139/2004 (OJ C 31, 5.2.2008, p. 2).

(6)  See in particular points 25 and 27 of Commission Decision 2004/284/EC of 29 September 1999 declaring a concentration compatible with the common market and the EEA Agreement (Case No IV/M.1383 — Exxon/Mobil) (OJ L 103, 7.4.2004, p. 1), and subsequent decisions, inter alia, Commission Decision of 3 May 2007 declaring a concentration to be compatible with the common market (Case No COMP/M.4545 — Statoil/Hydro) according to Council Regulation (EC) No 139/2004 (OJ C 130, 12.6.2007, p. 8).

(7)  See point 5.2.1 of the request and the sources quoted therein, in particular the British Petroleum Statistical Review of World Energy, June 2014.

(8)  283 million barrels of crude oil which is equal to approx. 0,045 billion cubic meters of crude oil.