(1)

On 18 January 2012, the Council adopted Regulation (EU) No 36/2012.

(2)

One person should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex II to Regulation (EU) No 36/2012 (‘the list’).

(3)

One entity should be added to the list of entities in Annex II to Regulation (EU) No 36/2012.

(4)

The information relating to one person set out in Annex II to Regulation (EU) No 36/2012 should also be updated.

(5)

Annex II to Regulation (EU) No 36/2012 should therefore be amended accordingly,

(1)

Article 21 of Commission Implementing Regulation (EU) No 809/2014 (2) lays down the requirements pertaining to livestock aid applications and to payment claims under animal-related support measures. In the case of short production-cycle species with a high turnover of animals, the number of animals in respect of which a livestock payment claim under the measure provided for in Article 33 of Regulation (EU) No 1305/2013 of the European Parliament and of the Council (3) is submitted, may change significantly throughout the claim year. This may lead to a substantial difference between the number of animals declared in the livestock payment claim and the number of animals that will eventually benefit from increased welfare conditions. As a consequence, the number of animals declared in the livestock payment claim turns out to be only indicative. In respect of those short production-cycle species, Member States should therefore be allowed to establish a system which allows a beneficiary to apply for support in respect of all animals which qualify for support at a date or during a period determined by the Member State. In the absence of a computerised database, it should be possible to establish the actual number of animals on the basis of slaughter certificates or other supporting documents submitted to the competent authority after the date of submission of the livestock payment claim.

(2)

The application of selection criteria is not obligatory for all measures or types of operations. Therefore, the administrative checks carried out on the applications for support should only include the verification of that element where necessary.

(3)

The verification of the reasonableness of the costs is made at the stage of the administrative checks relating to the application for support and on the basis of a defined evaluation system. Specific rules should however apply where the risk of unreasonable costs is low or where the content of the costs may not be defined before the implementation of the operation.

(4)

In accordance with Article 67(1) of Regulation (EU) No 1303/2013 of the European Parliament and of the Council (4), the amount of the support may be established on the basis of standard scales of unit costs, lump sums or flat rates. In such cases, the administrative checks should not include the verification of the amount of the costs incurred and the payments made by the beneficiary.

(5)

The rules on checks which apply to financial instruments should be adapted in order to ensure consistency with the management and control rules laid down in Regulation (EU) No 1303/2013 and in Commission Delegated Regulation (EU) No 480/2014 (5) and to take into account the specificities of support granted in the form of a financial instrument.

(6)

The expenditure subject to on-the-spot checks should not be the expenditure to be paid, but the expenditure claimed to the paying agency. Since the expenditure to be paid can only be determined after all checks have been completed, taking that expenditure as subject of checks would render the achievement of the control rate unpredictable. In addition, the expenditure subject to on-the-spot checks should not include expenditure made by the paying agency only for advance payments, since that expenditure does not correspond to expenditure incurred by the beneficiary. Furthermore, expenditure related to financial instruments should be counted towards the achievement of the minimum control rate only to the extent that it is actually checked by the competent authority. In order to ensure the fulfilment of the minimum control rate each calendar year, the checks should be performed by the date foreseen for the submission of the control data and control statistics laid down in Article 9 of Implementing Regulation (EU) No 809/2014.

(7)

In order not to duplicate checks unnecessarily, on-the-spot checks should only cover elements that have not yet been the subject of administrative checks.

(8)

In accordance with Articles 48 and 51 of Implementing Regulation (EU) No 809/2014, checks have to verify compliance with, inter alia, eligibility criteria, commitments and other obligations. Furthermore, according to Article 50(4)(a) of that Implementing Regulation, the sample of operations to be checked on-the-spot has to take into account the need to check an appropriate mix of types and sizes of operations. The measure-specific provisions on the subject matter or the intensity of the checks laid down in Articles 54 to 59 of Implementing Regulation (EU) No 809/2014 are therefore unnecessary.

(9)

As regards administrative penalties, in order to ensure equal treatment of the operations selected and the operations not selected for on-the-spot checks, the expenditure checked should, in both cases, be the expenditure claimed.

(10)

Implementing Regulation (EU) No 809/2014 should therefore be amended accordingly.

(11)

The amendments made by this Regulation should apply to applications for support or payment claims relating to claim years or premium periods starting from 1 January 2018. However, taking into account the difficulties encountered in the claim year 2015 by the Member States having to adapt their systems to the deadline of submitting the livestock payment claim laid down in Article 13 of Implementing Regulation (EU) No 809/2014, as well as to the system on reductions, exclusions and penalties provided for in Commission Delegated Regulation (EU) No 640/2014 (6), the provision allowing the actual number of animals of short production-cycle species to be established on the basis of slaughter certificates or other supporting documents submitted to the competent authority after the submission of the livestock payment claim should apply to livestock payment claims relating to claim years starting as from 1 January 2016.

(12)

The measures provided for in this Regulation are in accordance with the opinion of the Rural Development Committee,

(1)

In Article 21, the following paragraph 4a is inserted:

(2)

Article 48 is amended as follows:

(3)

Article 50 is amended as follows:

(4)

Article 51 is amended as follows:

(5)

Articles 54 to 59 are deleted.

(6)

In Article 60, the following paragraph 4 is added:

(7)

Article 61 is amended as follows:

(8)

In Article 63, paragraph 2 is replaced by the following:

(1)

Action by the Union in the sector of maritime transport should aim at improving maritime safety and protecting the marine environment.

(2)

The Maritime Safety Committee (‘MSC’) of the International Maritime Organization (‘IMO’), meeting at its 97th session, approved amendments to Regulation II-1/23 and Regulation II-2/9.4.1.3 of the International Convention for the Safety of Life at Sea (‘SOLAS’), to the 1994 and 2000 International High Speed Craft Codes (‘HSC Codes’), to the International Life-saving Appliance Code (‘LSA Code’) and to the Annex to Resolution MSC.81(70). Those amendments are expected to be adopted during the 98th session of the MSC, to be held in June 2017.

(3)

The Marine Environment Protection Committee (‘MEPC’) of the IMO, meeting at its 70th session, agreed on amendments to Appendix V to Annex VI to the International Convention for the Prevention of Pollution from Ships (‘MARPOL Annex VI’) as regards the information to be included in the Bunker Delivery Note (‘BDN’). Those amendments are expected to be adopted during the 71st session of the MEPC, to be held in July 2017.

(4)

The MSC of the IMO, meeting at its 95th and 96th sessions, approved several draft amendments to SOLAS Regulation II-1 on subdivision and damage stability regulations. The position to be adopted on behalf of the Union regarding those amendments was determined in Council Decision (EU) 2016/2077 (1).

(5)

The MSC of the IMO, meeting at its 97th session, agreed to hold the adoption of most of the draft amendments to SOLAS Regulation II-1 on subdivision and damage stability regulations in abeyance until its 98th session, and as regards the amendments to Regulation II-1/6, concerning the formula for the required subdivision index R, it agreed that any further modifications to Regulation II-1/6 should not lower the current safety level.

(6)

The position to be adopted on behalf of the Union as set out in Article 2(1)(a) and Article 2(2) of Decision (EU) 2016/2077 therefore remains applicable.

(7)

The MSC of the IMO, meeting at its 97th session, agreed to harmonise the text in Regulations II-1/22, II-1/23 and II-1/24 as regards the existence of multiple expressions for similar requirements, and to update existing cross references, without altering the content of previously approved amendments. Regulation II-1/23 concerns special requirements for ro-ro passenger ships and is not covered by the position to be adopted on behalf of the Union as set out in Decision (EU) 2016/2077. Directive 2009/45/EC of the European Parliament and of the Council (2) applies to passenger ships and high-speed passenger craft which are engaged on domestic voyages. Article 6(2)(a)(i) of that Directive provides that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended.

(8)

The amendments to SOLAS Regulation II-2/9.4.1.3 clarify the requirements for the fire integrity of windows on passenger ships carrying not more than 36 passengers and special purpose ships with more than 60 (but not more than 240) persons on board. Ships carrying not more than 36 passengers should ensure the same level of safety as those carrying more than 36 passengers. Directive 2009/45/EC applies to passenger ships and high-speed passenger craft which are engaged on domestic voyages. Article 6(2)(a)(i) of that Directive provides that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended. Part B.10.4 of Chapter II-2 of Annex I to that Directive stipulates that for passenger ships carrying not more than 36 passengers, special attention is to be given to the fire integrity of windows facing open or enclosed lifeboats and life-raft embarkation areas and to the fire integrity of windows situated below such areas in such a position that their failure during a fire would impede the launching of, or embarkation into, lifeboats or life-rafts.

(9)

The amendments to the HSC Codes clarify the application of paragraphs 8.10.1.4 to 8.10.1.6 of the HSC Codes concerning the exemption of carriage of rescue boats for high-speed craft of less than 20 m and less than 30 m in length, respectively. A high-speed craft of less than 30 m in length for the purposes of the 2000 HSC Code, or of less than 20 m in length for the purposes of the 1994 HSC Code, may be exempted from carrying a rescue boat, provided that the requirements of paragraph 8.10.1.6 of the HSC Codes are fulfilled, which includes a new point stating that it must be possible to recover a helpless person from water in a horizontal or near-horizontal body position. Directive 2009/45/EC applies to passenger ships and high-speed passenger craft which are engaged on domestic voyages. Article 6(2)(a)(i) of that Directive provides that new passenger ships of Class A are to comply entirely with the requirements of the 1974 SOLAS Convention, as amended.

(10)

The LSA Code provides international requirements for life-saving appliances that are covered by Chapter III of the 1974 SOLAS Convention, as amended. The amendments to paragraphs 6.1.1.5 and 6.1.1.6 of the LSA Code and to paragraph 8.1.1 of part 1 of the Annex to Resolution MSC.81(70) ensure consistency with the static tests and their proof loads that launching appliances, including their structural members and winches, have to withstand. Those amendments should be treated as minor corrections. Launching appliances and winches are listed in Commission Implementing Regulation (EU) 2017/306 (3), which refers to the LSA Code and to Resolution MSC.81(70) in relation to items MED/1.21, 1.23, 1.24 and 1.25 as regards launching appliances, and in relation to items MED/1.41a, 1.41b, 1.41c, 1.41d, 1.41e as regards winches. They therefore fall under the scope of Directive 2014/90/EU of the European Parliament and of the Council (4).

(11)

The amendments to Appendix V to MARPOL Annex VI clarify that ships that meet the MARPOL Annex VI requirements as regards the sulphur content of fuel in (sulphur) emission control areas (‘(S)ECAs’) through equivalent means (exhaust gas cleaning systems (‘EGCS’)), may permit the supplier, following the purchaser's notification, to declare in the BDN that the fuel is intended to be used by a ship which meets the sulphur requirements through equivalent means. In view of the increasing number of ships equipped with EGCS, the amendments to Appendix V to MARPOL Annex VI are necessary in order to align the standard text of the BDN with the fact that ships may continue to use fuels with a higher sulphur content even after the entry into force of the 0,10 % sulphur content requirements in (S)ECAs as of 1 January 2015. The MARPOL Annex VI requirements as regards the limitation of SOx emissions are implemented in Union law by means of Directive (EU) 2016/802 of the European Parliament and of the Council (5). Article 6(9)(b) and (c) and Article 13(2)(a) of that Directive refer to the BDN as the principal mechanism for ensuring compliance with that Directive. Equivalent means of compliance are regarded as alternative emission abatement methods, as defined in Article 2(o) of that Directive, and may be used provided that the ships using the emission abatement method continuously achieve reductions of sulphur dioxide emissions that are at least equivalent to the reductions that would be achieved by using marine fuels that meet the requirements of that Directive.

(12)

The Union is not a member of the IMO, nor is it a contracting party to the relevant conventions and codes. The Council should therefore authorise the Member States to express the position of the Union and to express their consent to be bound by those amendments, to the extent that those amendments fall under the exclusive competence of the Union,

(a)

the amendments to SOLAS Regulation II-1/23, as laid down in Annex 1 to IMO document MSC 97/WP.5, subject to the modifications proposed in IMO documents MSC 97/3/5 and MSC 97/3/4;

(b)

the amendments to SOLAS Regulation II-2/9.4.1.3, as laid down in Annex 13 to IMO document MSC 97/22/Add.1;

(c)

the amendments to the HSC Codes, as laid down in Annexes 15 and 16 to IMO document MSC 97/22/Add.1;

(d)

the amendments to the LSA Code and to the Annex to Resolution MSC.81(70), as laid down in Annex 17 to IMO document MSC 97/22/Add.1 and in Annex 1 to IMO document MSC 98/3/1.

(1)

On 23 October 2014 the European Council adopted Decision 2014/749/EU (2) appointing the European Commission for the period until 31 October 2019.

(2)

In a letter dated 28 October 2016, Mr Jean-Claude JUNCKER, President of the Commission, informed the Council that Ms Kristalina GEORGIEVA had resigned from her post as a Vice-President and Member of the Commission with effect from 1 January 2017.

(3)

In accordance with the second paragraph of Article 246 of the Treaty on the Functioning of the European Union, a vacancy caused by resignation is to be filled for the remainder of the Member's term of office by a new Member of the same nationality.

(4)

A new Member of the Commission should therefore be appointed,

(1)

On 31 May 2013, the Council adopted Decision 2013/255/CFSP concerning restrictive measures against Syria.

(2)

One person should no longer be kept on the list of natural and legal persons, entities or bodies subject to restrictive measures in Annex I to Decision 2013/255/CFSP (‘the list’).

(3)

One entity should be added to the list of entities in Annex I to Decision 2013/255/CFSP.

(4)

The information relating to one person set out in Annex I to Decision 2013/255/CFSP should also be updated.

(5)

Annex I to Decision 2013/255/CFSP should therefore be amended accordingly,

(1)

On 7 June 2017 at 05:13 the Single Resolution Board (SRB) transmitted a resolution scheme for Banco Popular Español S.A. to the Commission in accordance with Article 18(7) of Regulation (EU) No 806/2014.

(2)

The SRB, in the resolution scheme, states that all conditions for resolution set out in the first subparagraph of Article 18(1) of Regulation (EU) No 806/2014 are met with respect to Banco Popular Español S.A., and assesses why resolution action is necessary in the public interest.

(3)

The resolution scheme, in accordance with Article 18(6) of Regulation (EU) No 806/2014, places Banco Popular Español S.A. under resolution and determines the application of the sale of business tool to the institution under resolution. The resolution scheme also provides reasons for why all those elements are adequate.

(4)

The Commission agrees with the resolution scheme. In particular, it agrees with the reasons provided by the SRB of why resolution is necessary in the public interest in accordance with Article 5 of Regulation (EU) No 806/2014.

(5)

The resolution scheme as submitted by the SRB should therefore be endorsed,