# Official Journal L 43/2019

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 43 |
| | |
| English edition | Legislation | Volume 6214 February 2019 |

ISSN 1977-0677

Official Journal

of the European Union

L 43

English edition

Legislation

Volume 6214 February 2019

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| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2019/254 of 9 November 2018 on the adaptation of Annex III to Regulation (EU) No 1315/2013 of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network (
  1
  ) | 1 |
| | * | Commission Implementing Regulation (EU) 2019/255 of 13 February 2019 amending Implementing Regulation (EU) No 821/2014 laying down rules for the application of Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards detailed arrangements for the transfer and management of programme contributions, the reporting on financial instruments, technical characteristics of information and communication measures for operations and the system to record and store data | 15 |
| | * | Commission Implementing Regulation (EU) 2019/256 of 13 February 2019 amending Implementing Regulation (EU) 2015/207 with regard to changes to the models for submission of the information on a major project, for the joint action plan, for the implementation reports for the Investment for growth and jobs goal and for the European territorial cooperation goal and correcting that Regulation with regard to data for the purpose of the performance review and performance framework | 20 |
| | * | Commission Implementing Regulation (EU) 2019/257 of 13 February 2019 amending for the 294th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations | 34 |
| | | ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS |
| | * | Decision No 1/2019 of the EU-Switzerland Joint Committee of 29 January 2019 amending Tables III and IV of Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as amended [2019/258] | 36 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2019/254 of 9 November 2018 on the adaptation of Annex III to Regulation (EU) No 1315/2013 of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network (
  1
  )

1

1

*

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

15

*

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

20

*

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

34

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

*

Decision No 1/2019 of the EU-Switzerland Joint Committee of 29 January 2019 amending Tables III and IV of Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as amended [2019/258]

36

| | |
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| | (1)   Text with EEA relevance. |

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(1)   Text with EEA relevance.

1

| 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. |
| --- | --- |

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.

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II Non-legislative acts

REGULATIONS

| 14.2.2019 | EN | Official Journal of the European Union | L 43/1 |
| --- | --- | --- | --- |

14.2.2019

EN

Official Journal of the European Union

L 43/1

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COMMISSION DELEGATED REGULATION (EU) 2019/254

of 9 November 2018

on the adaptation of Annex III to Regulation (EU) No 1315/2013 of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (1), and in particular Article 49(6) thereof,

Whereas:

| (1) | Regulation (EU) No 1315/2013 provides for the possibility to adapt the indicative maps of the trans-European transport network (TEN-T) which has been extended to specific neighbouring countries, based on high-level agreements on transport infrastructure networks between the Union and the neighbouring countries concerned. |
| --- | --- |

(1)

Regulation (EU) No 1315/2013 provides for the possibility to adapt the indicative maps of the trans-European transport network (TEN-T) which has been extended to specific neighbouring countries, based on high-level agreements on transport infrastructure networks between the Union and the neighbouring countries concerned.

| (2) | High-level agreements on the adaptation of the indicative extension of the comprehensive TEN-T maps and on the identification of the core network connections on the comprehensive network maps were signed between the Union and Eastern Partnership countries (Republic of Armenia, Azerbaijan, Belarus, Republic of Moldova and Ukraine) on 24 November 2017. The high-level agreement between the Union and Georgia was signed on 18 July 2018. The agreements concern the lines of the railway and road networks, as well as ports and airports. The adaptation of the indicative comprehensive network maps and, in particular, the identification of the indicative core network should allow the Union to better target its cooperation with the Eastern Partnership countries concerned. |
| --- | --- |

(2)

High-level agreements on the adaptation of the indicative extension of the comprehensive TEN-T maps and on the identification of the core network connections on the comprehensive network maps were signed between the Union and Eastern Partnership countries (Republic of Armenia, Azerbaijan, Belarus, Republic of Moldova and Ukraine) on 24 November 2017. The high-level agreement between the Union and Georgia was signed on 18 July 2018. The agreements concern the lines of the railway and road networks, as well as ports and airports. The adaptation of the indicative comprehensive network maps and, in particular, the identification of the indicative core network should allow the Union to better target its cooperation with the Eastern Partnership countries concerned.

| (3) | Regulation (EU) No 1315/2013 should therefore be amended accordingly, |
| --- | --- |

(3)

Regulation (EU) No 1315/2013 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EU) No 1315/2013 is amended as set out in the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 9 November 2018.

For the Commission

The President

Jean-Claude JUNCKER

---

(1)  
  OJ L 348, 20.12.2013, p. 1.

1

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ANNEX

Annex III is amended as follows:

| (1) | in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.3 and 15.4 concerning the Republic of Armenia):

  ‘








  ’ |
| --- | --- |

(1)

in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.3 and 15.4 concerning the Republic of Armenia):

‘

  Image 1

Image 2

  ’

| (2) | in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.5 and 15.6 concerning Azerbaijan):

  ‘








  ’ |
| --- | --- |

(2)

in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.5 and 15.6 concerning Azerbaijan):

‘

  Image 3

Image 4

  ’

| (3) | in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.7 and 15.8 concerning Georgia):

  ‘








  ’ |
| --- | --- |

(3)

in Section 15 (Republic of Armenia, Azerbaijan, Georgia) the following maps are added (15.7 and 15.8 concerning Georgia):

‘

  Image 5

Image 6

  ’

| (4) | in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.3 and 16.4 concerning Belarus):

  ‘








  ’ |
| --- | --- |

(4)

in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.3 and 16.4 concerning Belarus):

‘

  Image 7

Image 8

  ’

| (5) | in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.5 and 16.6 concerning the Republic of Moldova):

  ‘








  ’ |
| --- | --- |

(5)

in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.5 and 16.6 concerning the Republic of Moldova):

‘

  Image 9

Image 10

  ’

| (6) | in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.7 and 16.8 concerning Ukraine):

  ‘








  ’ |
| --- | --- |

(6)

in Section 16 (Belarus, Republic of Moldova, Ukraine) the following maps are added (16.7 and 16.8 concerning Ukraine):

‘

  Image 11

Image 12

  ’

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| 14.2.2019 | EN | Official Journal of the European Union | L 43/15 |
| --- | --- | --- | --- |

14.2.2019

EN

Official Journal of the European Union

L 43/15

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COMMISSION IMPLEMENTING REGULATION (EU) 2019/255

of 13 February 2019

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

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1303/2013 of 17 December 2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular Articles 46(3) and 115(4) thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) No 821/2014 (2) lays down, among others, technical characteristics of information and communication measures. Due to changes in Chapter II of Title III of Part Three of Regulation (EU) No 1303/2013, as introduced by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (3), the title of Implementing Regulation (EU) No 821/2014 and the title of Chapter II thereof should be amended accordingly. |
| --- | --- |

(1)

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

| (2) | In order to avoid unnecessary administrative burden and for reasons of simplification, the requirement that the name of a financial instrument is to include a reference to the fact that it is supported by the European Structural and Investment (‘ESI’) Funds should be removed. In accordance with Article 6(1)(b) of Commission Delegated Regulation (EU) No 480/2014 (4), the final recipients of financial instruments are nevertheless to be informed that funding is provided under programmes co-financed by the ESI Funds. The removal of the obligation to indicate the name of a financial instrument does therefore not have an impact on the visibility and communication requirements at the level of support to the final recipients. Article 4(4) of Implementing Regulation (EU) No 821/2014 should be amended accordingly. |
| --- | --- |

(2)

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

| (3) | Annex I to Commission Implementing Regulation (EU) No 821/2014 sets out the model for reporting on financial instruments governed by Articles 37 to 46 of Regulation (EU) No 1303/2013. A number of those provisions were amended by Regulation (EU, Euratom) 2018/1046. |
| --- | --- |

(3)

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

| (4) | In Article 38(1) of Regulation (EU) No 1303/2013, a new implementation option for combining ESI Funds with EIB financial products under the European Fund for Strategic Investments was introduced, as further set out in the new Article 39a thereof. It is therefore necessary to include this implementation option in the section on description of the financial instrument and implementation arrangements, and to include new data fields in the section of the model for reporting on financial instruments relating to the progress in achieving expected leverage, in order to capture the contributions of ESI Funds to financial instruments combining such contribution with EIB financial products under the European Fund for Strategic Investments. |
| --- | --- |

(4)

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

| (5) | In Article 38(4) of Regulation (EU) No 1303/2013, the rules for direct award to publicly-owned banks or institutions were clarified. It is therefore necessary to reflect such clarification by including this type of a body implementing financial instruments in the section of the model for reporting on financial instruments which relates to the identification of bodies implementing financial instruments and of bodies implementing a fund of funds, where applicable. |
| --- | --- |

(5)

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

| (6) | Subject to active treasury management, Article 44 of Regulation (EU) No 1303/2013 enables the financing of negative interest that has been generated as a result of investments of the ESI Funds pursuant to Article 43 of Regulation (EU) No 1303/2013 from resources paid back into the financial instrument. It is therefore necessary to align reporting requirements with this new provision. Such alignment should take place in the section of the model for reporting on financial instruments regarding the amounts paid back to financial instruments from investments. |
| --- | --- |

(6)

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

| (7) | The new Article 43a of Regulation (EU) No 1303/2013 clarifies the rules governing the differentiated treatment of investors operating under market economy principle in case of profit and risk sharing. It is therefore necessary to align the wording of the model for reporting on financial instruments with this clarified provision in the section on interest and other gains generated by support from the ESI Funds to the financial instrument, programme resources paid back to financial instruments from investments as referred to in Articles 43 and 44 and amounts used for differentiated treatment as referred to in Article 43a. |
| --- | --- |

(7)

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

| (8) | In Article 46 of Regulation (EU) No 1303/2013 the reporting obligations with regard to financial instruments were streamlined in order to avoid certain duplications. It is therefore necessary to streamline the information required in the data field 40 with the reporting requirement set out in Article 46(2)(i) of Regulation (EU) No 1303/2013. It is also necessary to move the requirement to report on the value of equity investments with respect to the previous year under title VII of the model for reporting on financial instruments governed by Article 46(2)(i) of Regulation (EU) No 1303/2013. In order to avoid unnecessary administrative burden and ensure consistency with the reporting systems already established by the managing authorities, the move of the existing data field 40 under Title VII, aiming to ensure consistency with the corresponding reference in Article 46(2)(i) of Regulation (EU) No 1303/2013, should not trigger its renumbering although its title should be aligned to that Article. |
| --- | --- |

(8)

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

| (9) | To avoid duplication of certain requirements and to align with the reporting requirements of Article 46(2)(h) of Regulation (EU) No 1303/2013, the reference to the value of investments and participations is deleted from the section on progress in achieving the expected leverage of the model of reporting on financial instruments. |
| --- | --- |

(9)

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

| (10) | As a consequence of the changes in Articles 37 to 46 of Regulation (EU) No 1303/2013 mentioned in recitals 3 to 9, Annex I of Implementing Regulation (EU) No 821/2014 should be amended accordingly. |
| --- | --- |

(10)

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

| (11) | The measures provided for in this Regulation are in accordance with the opinion of the Coordination Committee for the ESI Funds. |
| --- | --- |

(11)

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

| (12) | In order to ensure legal certainty and to limit discrepancies between the amended provisions of Regulation (EU) No 1303/2013, which apply from 2 August 2018 or earlier in accordance with Article 282 of Regulation (EU, Euratom) 2018/1046 and the provisions of this Regulation to a minimum, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. |
| --- | --- |

(12)

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

| (13) | Implementing Regulation (EU) No 821/2014 should therefore be amended accordingly, |
| --- | --- |

(13)

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

HAS ADOPTED THIS REGULATION:

Article 1

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

| (1) | the title is replaced by the following:

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

(1)

the title is replaced by the following:

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

| (2) | the title of Chapter II is replaced by the following:

  ‘TECHNICAL CHARACTERISTICS OF INFORMATION, COMMUNICATION AND VISIBILITY MEASURES FOR OPERATIONS AND INSTRUCTIONS FOR CREATING THE UNION EMBLEM AND A DEFINITION OF THE STANDARD COLOURS’; |
| --- | --- |

(2)

the title of Chapter II is replaced by the following:

‘TECHNICAL CHARACTERISTICS OF INFORMATION, COMMUNICATION AND VISIBILITY MEASURES FOR OPERATIONS AND INSTRUCTIONS FOR CREATING THE UNION EMBLEM AND A DEFINITION OF THE STANDARD COLOURS’;

| (3) | Article 4(4) is replaced by the following:

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

(3)

Article 4(4) is replaced by the following:

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

| (4) | Annex I to Implementing Regulation (EU) No 821/2014 is amended in accordance with the Annex to this Regulation. |
| --- | --- |

(4)

Annex I to Implementing Regulation (EU) No 821/2014 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 13 February 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

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

1

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

2

(3)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

3

(4)  Commission Delegated Regulation (EU) No 480/2014 of 3 March 2014 supplementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund (OJ L 138, 13.5.2014, p. 5).

4

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ANNEX

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

| (1) | data field 7.2 is replaced by the following:






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

(1)

data field 7.2 is replaced by the following:

‘7.2

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

| (2) | a new data field 7.3 is added:






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

(2)

a new data field 7.3 is added:

‘7.3

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

| (3) | data field 10 is replaced by the following:






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

(3)

data field 10 is replaced by the following:

‘10

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

| (4) | Title III is replaced by the following:
  ‘III.   
  Identification of the body implementing the financial instrument, and the body implementing fund of funds where applicable, as referred to under point (a), (b) and (c) of Article 38(1) of Regulation (EU) No 1303/2013 (Article 46(2)(c) of Regulation (EU) No 1303/2013’; |
| --- | --- |

(4)

Title III is replaced by the following:

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

| (5) | data field 11.1 is replaced by the following:






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

(5)

data field 11.1 is replaced by the following:

‘11.1

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

| (6) | Title VII is replaced by the following:
  ‘VII.   
  Interest and other gains generated by support from the ESI Funds to the financial instrument, programme resources paid back to the financial instrument from investments as referred to in Articles 43 and 44, amounts used for differentiated treatment as referred to in Article 43a and the value of equity investments with respect to previous years (Article 46(2)(g) and (i) of Regulation (EU) No 1303/2013)’; |
| --- | --- |

(6)

Title VII is replaced by the following:

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

| (7) | data field 37 is replaced by the following:






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

(7)

data field 37 is replaced by the following:

‘37

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

| (8) | data field 37.1 is replaced by the following:






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

(8)

data field 37.1 is replaced by the following:

‘37.1

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

| (9) | a new data field 37.3 is added:






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

(9)

a new data field 37.3 is added:

‘37.3

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

| (10) | the following new data field 40 is placed after the new data field 37.3:






  ‘40 | Value of equity investments, with respect to previous years (in EUR)’ |
| --- | --- | --- |

(10)

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

‘40

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

| (11) | Title VIII is replaced by the following:
  ‘VIII.   
  Progress in achieving the expected leverage effect of investments made by the financial instrument (Article 46(2)(h) of Regulation (EU) No 1303/2013)’; |
| --- | --- |

(11)

Title VIII is replaced by the following:

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

| (12) | a new data field 38.1A is added:






  ‘38.1A | Contribution under the EIB financial product committed in the funding agreement with the body implementing the financial instrument (only for the instruments under Article 38(1)(c)) (in EUR)’ |
| --- | --- | --- |

(12)

a new data field 38.1A is added:

‘38.1A

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

| (13) | a new data field 38.2A is added:






  ‘38.2A | Contribution under EIB financial product paid to financial instrument (only for the instruments under Article 38(1)(c)) (in EUR)’ |
| --- | --- | --- |

(13)

a new data field 38.2A is added:

‘38.2A

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

| (14) | a new data field 38.3A is added:






  ‘38.3A | Contribution under EIB financial product mobilised at the level of final recipient (only for the instruments under Article 38(1)(c)) (in EUR)’ |
| --- | --- | --- |

(14)

a new data field 38.3A is added:

‘38.3A

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

| (15) | data field 40 under Title VIII is deleted. |
| --- | --- |

(15)

data field 40 under Title VIII is deleted.

---

| 14.2.2019 | EN | Official Journal of the European Union | L 43/20 |
| --- | --- | --- | --- |

14.2.2019

EN

Official Journal of the European Union

L 43/20

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/256

of 13 February 2019

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

THE EUROPEAN COMMISSION,

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

Having regard to Regulation (EU) No 1303/2013 of 17 December 2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006 (1), and in particular the fifth paragraph of Article 101, the second paragraph of Article 106, and Article 111(5), thereof,

Having regard to Regulation (EU) No 1299/2013 of 17 December 2013 of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal (2), and in particular Article 14(5) thereof,

After consulting the Coordination Committee for the European Structural and Investment Funds,

Whereas:

| (1) | Annex II to Commission Implementing Regulation (EU) 2015/207 (3) sets out the format for submission of the information on a major project in accordance with Article 101 of Regulation (EU) No 1303/2013. Due to the amendments to Article 61 of Regulation (EU) No 1303/2013 as regards operations generating net revenue after completion, introduced by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (4), and due to the adoption by the Commission of a Notice on the notion of State aid (5), Annex II should be amended accordingly. |
| --- | --- |

(1)

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

| (2) | Annex IV to Implementing Regulation (EU) 2015/207 sets out the format of the model for the joint action plan in accordance with Article 106 of Regulation (EU) No 1303/2013. Due to the amendments to Articles 104 to 109 of Regulation (EU) No 1303/2013 as regards first Joint Action Plans and the content of Joint Action Plans, introduced by Regulation (EU, Euratom) 2018/1046, Annex IV should be amended accordingly. |
| --- | --- |

(2)

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

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

(3)

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

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

(4)

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

| (5) | Annex X to Implementing Regulation (EU) 2015/207 sets out the model for the implementation reports for the European territorial cooperation goal in accordance with Article 14 of Regulation (EU) No 1299/2013. Due to the amendments to Article 104(2) and (3) of Regulation (EU) No 1303/2013, as regards the thresholds for a first Joint Action Plan, as introduced by Regulation (EU, Euratom) 2018/1046, Annex X should be amended accordingly. |
| --- | --- |

(5)

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

| (6) | The table in Part C, point 15 of Annex V to Implementing Regulation (EU) 2015/207 and the table in Part B, point 12 of Annex X to that Regulation, both with regard to financial information for the purpose of assessing progress towards the achievements of milestones and targets refer to expenditure ‘incurred and paid by beneficiaries and certified to the Commission by 31 December 2018’ and ‘incurred and paid by beneficiaries by 31 December 2023 and certified to the Commission’. Neither Regulation (EU) No 1303/2013 nor Commission Implementing Regulation (EU) No 215/2014 (7) include such a cut-off date for the certification of eligible expenditure with regard to the achievement of milestones and targets for financial indicators. Those tables should be corrected accordingly. In order to provide legal certainty as regards the requirements for reporting on the progress towards the achievement of milestones for financial indicators, to be included for the first time in the annual implementation report in 2019, it is necessary for that correction to apply retroactively with effect from the date of entry into force of this Regulation as first adopted. |
| --- | --- |

(6)

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

| (7) | In order to ensure legal certainty and to limit discrepancies between the amended provisions of Regulation (EU) No 1303/2013 which apply from 2 August 2018 or earlier in accordance with Article 282 of Regulation (EU, Euratom) 2018/1046 and the provisions of this Regulation to a minimum, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union. |
| --- | --- |

(7)

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

| (8) | Implementing Regulation (EU) 2015/207 should therefore be amended and corrected accordingly, |
| --- | --- |

(8)

Implementing Regulation (EU) 2015/207 should therefore be amended and corrected accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Implementing Regulation (EU) 2015/207 is amended as follows:

| (1) | Annex II to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex I to this Regulation. |
| --- | --- |

(1)

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

| (2) | Annex IV to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex II to this Regulation. |
| --- | --- |

(2)

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

| (3) | Annex V to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex III to this Regulation. |
| --- | --- |

(3)

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

| (4) | Annex X to Implementing Regulation (EU) 2015/207 is amended in accordance with Annex IV to this Regulation. |
| --- | --- |

(4)

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

Article 2

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

| (1) | Annex V to Implementing Regulation (EU) 2015/207 is corrected in accordance with Annex V to this Regulation. |
| --- | --- |

(1)

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

| (2) | Annex X to Implementing Regulation (EU) 2015/207 is corrected in accordance with Annex VI to this Regulation. |
| --- | --- |

(2)

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

Article 3

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

Article 2 shall apply from 14 February 2015.

Point (1) of Annex III shall apply from 1 January 2014.

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

Done at Brussels, 13 February 2019.

For the Commission

The President

Jean-Claude JUNCKER

---

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

1

(2)  
  OJ L 347, 20.12.2013, p. 259.

2

(3)  Commission Implementing Regulation (EU) 2015/207 of 20 January 2015 laying down detailed rules implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council as regards the models for the progress report, submission of the information on a major project, the joint action plan, the implementation reports for the Investment for growth and jobs goal, the management declaration, the audit strategy, the audit opinion and the annual control report and the methodology for carrying out the cost-benefit analysis and pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council as regards the model for the implementation reports for the European territorial cooperation goal (OJ L 38, 13.2.2015, p. 1).

3

(4)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ L 193, 30.7.2018, p. 1).

4

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

5

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

6

(7)  Commission Implementing Regulation (EU) No 215/2014 of 7 March 2014 laying down rules for implementing Regulation (EU) No 1303/2013 of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund with regard to methodologies for climate change support, the determination of milestones and targets in the performance framework and the nomenclature of categories of intervention for the European Structural and Investment Funds (OJ L 69, 8.3.2014, p. 65).

7

---

ANNEX I

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

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






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

(1)

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

‘(1)

| (2) | in point C.3, the title of the last table is replaced by the following:

  ‘Flat rate method or decreased co-financing rate method (Article 61(3)(a), Article 61(3)(aa) and Article 61(5) of Regulation (EU) No 1303/2013)’; |
| --- | --- |

(2)

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

‘Flat rate method or decreased co-financing rate method (Article 61(3)(a), Article 61(3)(aa) and Article 61(5) of Regulation (EU) No 1303/2013)’;

| (3) | in point C.3, the last table is replaced by the following: | | ‘Value |
| --- | --- | --- | --- |
| 1. | Total eligible cost before taking into account the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted)
  (Section C.1.12(C)) | <type=’N’ input=’G’> |
| 2. | Net revenue flat rate as defined in Annex V to Regulation (EU) No 1303/2013 or delegated acts or established on the basis of Article 61(3)(aa) (FR) (%) | <type=’N’ input=’M’> |
| 3. | Total eligible cost after taking into account the requirements set out in Article 61 of Regulation (EU) No 1303/2013 (in EUR, not discounted) = (1) × (1 – FR) (*1)


  The maximum public contribution must respect the State aid rules and the amount of total aid granted reported above (if applicable) | <type=’N’ input=’M’> |

(3)

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

‘Value

1.

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

(Section C.1.12(C))

<type=’N’ input=’G’>

2.

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

<type=’N’ input=’M’>

3.

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

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

<type=’N’ input=’M’>

| (4) | in point E.1.2, footnote 3 is replaced by the following:






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

(4)

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

‘(3)

---

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

---

ANNEX II

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

| (1) | point A.8 is replaced by the following:












  ‘A.8. | Type of JAP |
| --- | --- | --- |

(1)

point A.8 is replaced by the following:

‘A.8.

Type of JAP

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

( ) First JAP under ETC (**)

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

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

(*)

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

(**)

| (2) | the title of part C is replaced by the following:
  ‘C.   OBJECTIVES OF THE JAP’; |
| --- | --- |

(2)

the title of part C is replaced by the following:

‘C.   OBJECTIVES OF THE JAP’;

| (3) | point C.1 is replaced by the following:






  ‘C.1. | Please describe the objectives of the JAP and how it contributes to the objectives of the programme or to the relevant country-specific recommendations and the broad guidelines of the economic policies of the Member States and of the Union under Article 121(2) TFEU and the relevant Council recommendations under Article 148(4) TFEU which Member States are to take into account in their employment policies.


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

(3)

point C.1 is replaced by the following:

‘C.1.

| (4) | point C.2 is replaced by the following:






  ‘C.2. | On the basis of the information provided in C.1, please set out the JAP objectives








  Number | Code | Objective |
| --- | --- | --- | --- | --- |
| JAP objective 1 <type=’S’ input=’S’> | <type=’N’ input=’M’> | <type=’S’ maxlength=’500’ input=’M’> |
| JAP objective 2’ | | |
| ... | | |

(4)

point C.2 is replaced by the following:

‘C.2.

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

Number

Code

Objective

JAP objective 1 <type=’S’ input=’S’>

<type=’S’ input=’S’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’S’ maxlength=’500’ input=’M’>

<type=’S’ maxlength=’500’ input=’M’>

JAP objective 2’

...

| (5) | point C.3 is deleted; |
| --- | --- |

(5)

point C.3 is deleted;

| (6) | the title of part D is replaced by the following:
  ‘D.   DESCRIPTION OF THE JAP’; |
| --- | --- |

(6)

the title of part D is replaced by the following:

‘D.   DESCRIPTION OF THE JAP’;

DESCRIPTION OF THE JAP’;

| (7) | in point D.1.1 the text in the third column of the first row of the table is replaced by the following:

  ‘JAP objective(s) to which it contributes’; |
| --- | --- |

(7)

in point D.1.1 the text in the third column of the first row of the table is replaced by the following:

‘JAP objective(s) to which it contributes’;

| (8) | the title of point D.1.2 is replaced by the following:






  ‘D.1.2. | How will the projects contribute to achieving the JAP objectives? Please justify.’; |
| --- | --- | --- |

(8)

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

‘D.1.2.

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

| (9) | the title of point D.1.3 is replaced by the following:






  ‘D.1.3. | What are the milestones, where relevant, and targets for outputs and results of these projects?’; |
| --- | --- | --- |

(9)

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

‘D.1.3.

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

| (10) | in point D.1.3, the text in the second column of the second row of the table is replaced by ‘the JAP indicator’; |
| --- | --- |

(10)

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

| (11) | point D.3 is deleted; |
| --- | --- |

(11)

point D.3 is deleted;

| (12) | the text between points F and F1 is deleted; |
| --- | --- |

(12)

the text between points F and F1 is deleted;

| (13) | in point F.1 the text in the second column is replaced by the following:

  ‘(Please specify the starting date of implementation)’; |
| --- | --- |

(13)

in point F.1 the text in the second column is replaced by the following:

‘(Please specify the starting date of implementation)’;

| (14) | the title of part G is replaced by the following:
  ‘G.   Contribution of the JAP to horizontal principles’; |
| --- | --- |

(14)

the title of part G is replaced by the following:

‘G.   Contribution of the JAP to horizontal principles’;

Contribution of the JAP to horizontal principles’;

| (15) | between points G and G.1, the following text is inserted:

  ‘
  Please confirm and explain how the JAP contributes to horizontal principles as set out in the relevant programme or Partnership Agreement
  ’; |
| --- | --- |

(15)

between points G and G.1, the following text is inserted:

‘
  Please confirm and explain how the JAP contributes to horizontal principles as set out in the relevant programme or Partnership Agreement
  ’;

Please confirm and explain how the JAP contributes to horizontal principles as set out in the relevant programme or Partnership Agreement

| (16) | point G.1 is replaced by the following:






  ‘G.1. | The promotion of equality between men and women


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

(16)

point G.1 is replaced by the following:

‘G.1.

The promotion of equality between men and women

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

| (17) | point G.3 is replaced by the following:






  ‘G.3. | The promotion of sustainable development


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

(17)

point G.3 is replaced by the following:

‘G.3.

The promotion of sustainable development

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

| (18) | point H.1.2 is replaced by the following:






  ‘H.1.2. | Please provide information on the selection of the joint action plan in accordance with Article 125(3) of Regulation (EU) No 1303/2013.’; |
| --- | --- | --- |

(18)

point H.1.2 is replaced by the following:

‘H.1.2.

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

| (19) | points H.1.2.1 and H.1.2.2 are deleted; |
| --- | --- |

(19)

points H.1.2.1 and H.1.2.2 are deleted;

| (20) | point H.4. is deleted; |
| --- | --- |

(20)

point H.4. is deleted;

| (21) | point I.1 is replaced by the following:
  ‘I.1.   Costs of achieving milestones, and targets for outputs and results (please also complete the appendix on indicators).
  Please fill out the following tables with the indicators to be used for the financial management of the JAP, where relevant broken down by priority axis, Fund and category of region.’; |
| --- | --- |

(21)

point I.1 is replaced by the following:

‘I.1.   Costs of achieving milestones, and targets for outputs and results (please also complete the appendix on indicators).

Please fill out the following tables with the indicators to be used for the financial management of the JAP, where relevant broken down by priority axis, Fund and category of region.’;

| (22) | point I.2 is deleted. |
| --- | --- |

(22)

point I.2 is deleted.

---

ANNEX III

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

| (1) | in part A, point 3.2, Table 4A (Common output indicators for the ESF) is replaced by the following table.
  ‘Table 4A


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


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

  Investment priority:







































  Indicator ID | Indicator (name of indicator) | Category of region (where relevant) | Target value (2023)


  Gender breakdown optional (for the target) | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | Cumulative value (calculated automatically) | Achievement ratio
  gender breakdown optional |
| --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- |
| <type=’S’ input=’G’> | <type=’S’ input=’G’> | <type=’S’ input=’G’> | <type=’N’ input=’G’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’M’> | <type=’N’ input=’G’> | <type=’P’ input=’G’> |
| | | | | | | Annual Value | | | | | | |
| Total | M | W | M | W | M | W | M | W | M | W | M | W | M | W | M | W | M | W | M | W | M | W | total | M | W | total | M | W |
| | Unemployed(ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Unemployed(YEI) |
| Long-term unemployed (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Long-term unemployed (YEI) |
| Inactive (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Inactive (YEI) |
| Inactive not in education or training (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Inactive not in education or training (YEI) |
| Employed including self-employed | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Below 25 years of age (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Below 25 years of age (YEI) |
| Above 54 years of age | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Above 54 years of age who are unemployed, including long-term unemployed, or inactive not in education or training | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| With primary (ISCED 1) or lower secondary education (ISCED 2) (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| With primary (ISCED 1) or lower secondary education (ISCED 2) (YEI) |
| With upper secondary (ISCED 3) or post-secondary education (ISCED 4 (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| With upper secondary (ISCED 3) or post-secondary education (ISCED 4 (YEI) |
| With tertiary education (ISCED 5 to 8) (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| With tertiary education (ISCED 5 to 8) (YEI) |
| Migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma) (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Migrants, participants with a foreign background, minorities (including marginalised communities such as the Roma) (YEI) |
| Participants with disabilities (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Participants with disabilities (YEI) |
| Other disadvantaged (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Other disadvantaged (YEI) |
| Homeless or affected by housing exclusion
   (1)
  (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| Homeless or affected by housing exclusion (YEI) |
| From rural areas
   (1)
  (ESF) | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
| From rural areas (YEI) |
| Number of projects fully or partially implemented by social partners or NGOs | | | | | | | | | | | | | | | |
| Number of projects dedicated at sustainable participation and progress of women in employment | | | | | | | | | | | | | | | |
| Number of projects targeting public administration or public services at national, regional or local level | | | | | | | | | | | | | | | |
| Number of micro, small and medium-sized enterprise supported (including cooperative enterprises, enterprises of the social economy) | | | | | | | | | | | | | | | |
| Grand total of participants
   (2) | | | | | | | | | | | | | | | |

(1)

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

‘Table 4A

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

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

Investment priority:

Indicator ID

Indicator (name of indicator)

Category of region (where relevant)

Target value (2023)

Gender breakdown optional (for the target)

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

Cumulative value (calculated automatically)

Achievement ratio

gender breakdown optional

<type=’S’ input=’G’>

<type=’S’ input=’G’>

<type=’S’ input=’G’>

<type=’N’ input=’G’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’M’>

<type=’N’ input=’G’>

<type=’P’ input=’G’>

Annual Value

Total

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

M

W

total

M

W

total

M

W

Unemployed(ESF)

Unemployed(YEI)

Long-term unemployed (ESF)

Long-term unemployed (YEI)

Inactive (ESF)

Inactive (YEI)

Inactive not in education or training (ESF)

Inactive not in education or training (YEI)

Employed including self-employed

Below 25 years of age (ESF)

Below 25 years of age (YEI)

Above 54 years of age

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

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

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

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

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

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

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

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

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

Participants with disabilities (ESF)

Participants with disabilities (YEI)

Other disadvantaged (ESF)

Other disadvantaged (YEI)

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

Homeless or affected by housing exclusion (YEI)

From rural areas
   (1)
  (ESF)

From rural areas (YEI)

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

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

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

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

Grand total of participants
   (2)

| (2) | in part A, point 3.2, Table 9 (Cost of operations implemented outside the programme area (the ERDF and the Cohesion Fund under the Investment for growth and jobs goal)) is replaced by the following:










  ‘1. | 2. | 3. | 4. | 5. | 6. |
| --- | --- | --- | --- | --- | --- | --- |
| | Priority axis | The amount of EU support envisaged to be used for operations implemented outside the programme area based on selected operations (EUR) | As a share of the EU support to the priority axis at the time of adoption of the programme
  (%)
  (3/EU support to priority axis at the time of adoption of the programme * 100) | The amount of EU support in operations implemented outside the programme area based on eligible expenditure declared by the beneficiary to the managing authority (EUR) | As a share of the EU support to the priority axis at the time of adoption of the programme
  (%)
  (5/EU support to priority axis at the time of adoption of the programme * 100) |
| Cost of operations outside the programme area (3) | <type=’S’ input=’S’> | <type=’N’ input=’M’> | <type=’P’ input=’G’> | <type=’N’ input=’M’> | <type=’P’ input=’G’> |

(2)

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

‘1.

2.

3.

4.

5.

6.

Priority axis

The amount of EU support envisaged to be used for operations implemented outside the programme area based on selected operations (EUR)

As a share of the EU support to the priority axis at the time of adoption of the programme

(%)

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

The amount of EU support in operations implemented outside the programme area based on eligible expenditure declared by the beneficiary to the managing authority (EUR)

As a share of the EU support to the priority axis at the time of adoption of the programme

(%)

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

Cost of operations outside the programme area (3)

<type=’S’ input=’S’>

<type=’N’ input=’M’>

<type=’P’ input=’G’>

<type=’N’ input=’M’>

<type=’P’ input=’G’>

| (3) | in part A, point 3.2, in Table 13 (Joint action plans), the text of the eighth column of the first row is replaced by the following:

  ‘Type of JAP






  1. | normal |
| --- | --- | --- |

(3)

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

‘Type of JAP

1.

normal

| 2. | first JAP |
| --- | --- |

2.

first JAP

| 3. | YEI’. |
| --- | --- |

3.

YEI’.

---

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

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

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

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

---

ANNEX IV

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

‘Type of JAP

| 1. | normal |
| --- | --- |

1.

normal

| 2. | First JAP’. |
| --- | --- |

2.

First JAP’.

---

ANNEX V

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

| ‘13 | 14 |
| --- | --- |
| Data for the purpose of the performance review and performance framework |
| Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission
  Article 21(2) of Regulation (EU) No 1303/2013 | Only for the final implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission
  Article 22(7) of Regulation (EU) No 1303/2013’ |
| | |
| | |
| | |
| | |
| | |

‘13

14

Data for the purpose of the performance review and performance framework

Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission

Article 21(2) of Regulation (EU) No 1303/2013

Only for the final implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission

Article 22(7) of Regulation (EU) No 1303/2013’

---

ANNEX VI

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

| ‘13 | 14 |
| --- | --- |
| Data for the purpose of the performance review and performance framework |
| Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission
  Article 21(2) of Regulation (EU) No 1303/2013 | Only for final the implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission
  Article 22(7) of Regulation (EU) No 1303/2013’ |
| | |
| | |
| | |
| | |
| | |

‘13

14

Data for the purpose of the performance review and performance framework

Only for the report submitted in 2019: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2018 and certified to the Commission

Article 21(2) of Regulation (EU) No 1303/2013

Only for final the implementation report: Total eligible expenditure incurred by beneficiaries and paid by 31.12.2023 and certified to the Commission

Article 22(7) of Regulation (EU) No 1303/2013’

---

| 14.2.2019 | EN | Official Journal of the European Union | L 43/34 |
| --- | --- | --- | --- |

14.2.2019

EN

Official Journal of the European Union

L 43/34

---

COMMISSION IMPLEMENTING REGULATION (EU) 2019/257

of 13 February 2019

amending for the 294th time Council Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations

THE EUROPEAN COMMISSION,

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

Having regard to Council Regulation (EC) No 881/2002 of 27 May 2002 imposing certain specific restrictive measures directed against certain persons and entities associated with the ISIL (Da'esh) and Al-Qaida organisations (1), and in particular Article 7(1)(a) and Article 7a(5) thereof,

Whereas:

| (1) | Annex I to Regulation (EC) No 881/2002 lists the persons, groups and entities covered by the freezing of funds and economic resources under that Regulation. |
| --- | --- |

(1)

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

| (2) | On 8 February 2019, the Sanctions Committee of the United Nations Security Council decided to delete four entries from the list of persons, groups and entities to whom the freezing of funds and economic resources should apply. Annex I to Regulation (EC) No 881/2002 should therefore be amended accordingly, |
| --- | --- |

(2)

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

HAS ADOPTED THIS REGULATION:

Article 1

Annex I to Regulation (EC) No 881/2002 is amended in accordance with the Annex to this Regulation.

Article 2

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

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

Done at Brussels, 13 February 2019.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

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

1

---

ANNEX

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

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

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

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

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

---

ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS

| 14.2.2019 | EN | Official Journal of the European Union | L 43/36 |
| --- | --- | --- | --- |

14.2.2019

EN

Official Journal of the European Union

L 43/36

---

DECISION No 1/2019 OF THE EU-SWITZERLAND JOINT COMMITTEE

of 29 January 2019

amending Tables III and IV of Protocol 2 to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972, as amended [2019/258]

THE JOINT COMMITTEE,

Having regard to the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 (1), as amended by the Agreement between the European Community and the Swiss Confederation of 26 October 2004 amending the Agreement between the European Economic Community and the Swiss Confederation of 22 July 1972 as regards the provisions applicable to processed agricultural products (2) (‘Agreement’), and in particular Article 7 of its Protocol 2,

Whereas:

| (1) | In accordance with Article 5(2) of Protocol 2 to the Agreement the Union and the Swiss Confederation, as Contracting Parties, provided to the Joint Committee on 13 November 2018 the domestic reference prices of all raw materials for which price compensation measures are applied. It follows from those prices that the actual price situation regarding those raw materials in the territory of the Contracting Parties has changed. |
| --- | --- |

(1)

In accordance with Article 5(2) of Protocol 2 to the Agreement the Union and the Swiss Confederation, as Contracting Parties, provided to the Joint Committee on 13 November 2018 the domestic reference prices of all raw materials for which price compensation measures are applied. It follows from those prices that the actual price situation regarding those raw materials in the territory of the Contracting Parties has changed.

| (2) | It is therefore necessary to update the domestic reference prices and the price differences for agricultural raw materials listed in Table III of Protocol 2 to the Agreement, as well as to adapt the basic amounts of the agricultural raw materials listed in Table IV of that Protocol, |
| --- | --- |

(2)

It is therefore necessary to update the domestic reference prices and the price differences for agricultural raw materials listed in Table III of Protocol 2 to the Agreement, as well as to adapt the basic amounts of the agricultural raw materials listed in Table IV of that Protocol,

HAS ADOPTED THIS DECISION:

Article 1

Protocol 2 to the Agreement is amended as follows:

| (a) | Table III is replaced by the text set out in Annex I to this Decision; |
| --- | --- |

(a)

Table III is replaced by the text set out in Annex I to this Decision;

| (b) | in Table IV, point (b) is replaced by the text set out in Annex II to this Decision. |
| --- | --- |

(b)

in Table IV, point (b) is replaced by the text set out in Annex II to this Decision.

Article 2

This Decision shall be published in the Official Journal of the European Union.

Article 3

This Decision shall enter into force on 1 March 2019.

Done at Brussels, 29 January 2019.

For the Joint Committee

The Chairman

Petros SOURMELIS

---

(1)  
  OJ L 300, 31.12.1972, p. 189.

1

(2)  
  OJ L 23, 26.1.2005, p. 19.

2

---

ANNEX I

‘Table III

EU and Swiss domestic reference prices

| Agricultural raw material | Swiss domestic reference price
  CHF per 100 kg net | EU domestic reference price
  CHF per 100 kg net | Article 4(1)
  Applied on Swiss side Difference Swiss/EU reference price
  CHF per 100 kg net | Article 3(3)
  Applied on EU side Difference Swiss/EU reference price
  EUR per 100 kg net |
| --- | --- | --- | --- | --- |
| Common wheat | 50,80 | 23,44 | 27,35 | 0,00 |
| Durum wheat | — | — | 1,20 | 0,00 |
| Rye | 42,50 | 21,92 | 20,60 | 0,00 |
| Barley | — | — | — | — |
| Maize | — | — | — | — |
| Common wheat flour | 91,95 | 46,69 | 45,25 | 0,00 |
| Whole-milk powder | 606,15 | 333,85 | 272,30 | 0,00 |
| Skimmed-milk powder | 400,80 | 181,60 | 219,20 | 0,00 |
| Butter | 1 056,00 | 656,39 | 399,60 | 0,00 |
| White sugar | — | — | — | — |
| Eggs | — | — | 38,00 | 0,00 |
| Fresh potatoes | 40,95 | 28,00 | 12,95 | 0,00 |
| Vegetable fat | — | — | 170,00 | 0,00’. |

Agricultural raw material

Swiss domestic reference price

CHF per 100 kg net

EU domestic reference price

CHF per 100 kg net

Article 4(1)

Applied on Swiss side Difference Swiss/EU reference price

CHF per 100 kg net

Article 3(3)

Applied on EU side Difference Swiss/EU reference price

EUR per 100 kg net

Common wheat

50,80

23,44

27,35

0,00

Durum wheat

—

—

1,20

0,00

Rye

42,50

21,92

20,60

0,00

Barley

—

—

—

—

Maize

—

—

—

—

Common wheat flour

91,95

46,69

45,25

0,00

Whole-milk powder

606,15

333,85

272,30

0,00

Skimmed-milk powder

400,80

181,60

219,20

0,00

Butter

1 056,00

656,39

399,60

0,00

White sugar

—

—

—

—

Eggs

—

—

38,00

0,00

Fresh potatoes

40,95

28,00

12,95

0,00

Vegetable fat

—

—

170,00

0,00’.

---

ANNEX II

| ‘(b) | Basic amounts for agricultural raw materials taken into account for the calculation of the agricultural components:







  Agricultural raw material | Applied basic amount on the Swiss side
  Art 3(2) | Applied basic amount on the EU side
  Art 4(2) |
| --- | --- | --- | --- |
| CHF per 100 kg net | EUR per 100 kg net |
| Common wheat | 22,30 | 0,00 |
| Durum wheat | 1,00 | 0,00 |
| Rye | 16,80 | 0,00 |
| Barley | — | — |
| Maize | — | — |
| Common wheat flour | 36,90 | 0,00 |
| Whole-milk powder | 221,60 | 0,00 |
| Skimmed-milk powder | 178,65 | 0,00 |
| Butter | 325,65 | 0,00 |
| White sugar | — | — |
| Eggs | 30,95 | 0,00 |
| Fresh potatoes | 10,25 | 0,00 |
| Vegetable fat | 138,55 | 0,00’. |

‘(b)

Agricultural raw material

Applied basic amount on the Swiss side

Art 3(2)

Applied basic amount on the EU side

Art 4(2)

CHF per 100 kg net

EUR per 100 kg net

Common wheat

22,30

0,00

Durum wheat

1,00

0,00

Rye

16,80

0,00

Barley

—

—

Maize

—

—

Common wheat flour

36,90

0,00

Whole-milk powder

221,60

0,00

Skimmed-milk powder

178,65

0,00

Butter

325,65

0,00

White sugar

—

—

Eggs

30,95

0,00

Fresh potatoes

10,25

0,00

Vegetable fat

138,55

0,00’.

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