(1)

Council Regulation (EU) 2017/127 (1) fixes for 2017 the fishing opportunities for certain fish stocks and groups of fish stocks applicable in Union waters and, for Union fishing vessels, in certain non-Union waters.

(2)

The derogation allowing catches of sea bass with certain gear categories is linked to the historic record of catches with those gears. It should be clarified that the derogation is maintained when fishing vessels are replaced, while ensuring that the number of vessels covered by the derogation and their overall fishing capacity do not increase.

(3)

In 2017, the International Council for the Exploration of the Sea (ICES), in its advice and following the 2016 benchmark, amended the sandeel management areas. The sandeel management area 3r is mainly located in the Norwegian waters, however part of it also appears in the Union waters, with some important fishing banks straddling across the management areas 2r and 3r. It is appropriate to ensure that Union fishing vessels can access sandeel banks located in the Union waters of the management area 3r. The fishing opportunities established for the management area 2r should therefore also include the Union waters of the management area 3r.

(4)

On 27 March 2017, ICES issued advice for catches of Northern prawn (Pandalus borealis) in ICES division IVa East and ICES subdivision 20 (northern North Sea, in the Norwegian Deep and Skagerrak). On the basis of that advice and following consultations with Norway, it is appropriate to fix the Union share of Northern prawn in Skagerrak at 3 856 tonnes and to amend the Union quota in the Norwegian Deep.

(5)

In the previous years the total allowable catches (TAC) for sprat (Sprattus sprattus) in the North Sea have been fixed for a calendar year, while ICES issues its advice for the period from 1 July of the current year to 30 June of the following year. Those periods should be aligned in order to match the TAC period with that of the ICES advice. Exceptionally and only due to the transition, the TAC for sprat should be amended to cover the period of 18 months, ending at 30 June 2018. Any subsequent fishing opportunities should be fixed in line with the period for which ICES issues its advice.

(6)

In Regulation (EU) 2017/127, the TAC for sprat was fixed at 33 830 tonnes to cover sprat catches in the first half of 2017. ICES advised that catches between 1 July 2017 and 30 June 2018 should be no more than 170 387 tonnes. Therefore, the TAC for sprat for 18 months should be fixed to cover actual catches that took place during the first half of 2017 within the limits of the TAC set in Regulation (EU) 2017/127 and the level of catches in the ICES advice for the remaining 12 months, i.e. from 1 July 2017 to 30 June 2018.

(7)

Council Regulation (EU) 2017/595 (2) deleted the fishing opportunities table for common dab (Limanda limanda) and European flounder (Platichthys flesus) for Union waters of ICES division IIa and subarea IV set out in Annex IA to Regulation (EU) 2017/127. Therefore, it is appropriate to delete common dab from the footnotes in Annex IA to Regulation (EU) 2017/127 which refer to common dab as associated by-catch species.

(8)

In the North East Atlantic Fisheries Commission (NEAFC) Recommendation 1:2014, it was prohibited to fish for redfish (Sebastes mentella) in the international waters of ICES subareas I and II from 1 January to 30 June 2014. The prohibition under that recommendation no longer applied after that the end of that period. The fishing opportunities should therefore be amended in order to allow the fishery of redfish throughout 2017.

(9)

At its 2016 Annual Meeting, the International Commission for the Conservation of Atlantic Tunas (ICCAT) adopted Recommendation 16-05 (‘Recommendation 16-05’) setting the TAC for Mediterranean swordfish (Xiphias gladius) at 10 500 tonnes, and establishing a Working Group in order to define a fair and equitable allocation scheme of the TAC for Mediterranean swordfish, to fix the quota allocated to Contracting Parties, Cooperating non-Contracting Parties, Entities or Fishing Entities for 2017 and to define the mechanism for managing the TAC.

(10)

The Union, by letter addressed to the ICCAT Secretariat on 23 December 2016, confirmed that it would implement Recommendation 16-05 as of 1 January 2017. In particular, the Union confirmed that it would implement the closure period for Mediterranean swordfish referred to in paragraph 11 of Recommendation 16-05 during the period from 1 January to 31 March, starting in 2017. It is therefore appropriate to introduce such closure as a condition functionally linked to the fixing and allocation of fishing opportunities for Mediterranean swordfish.

(11)

The Working Group established by Recommendation 16-05 met on 20-22 February 2017 and proposed an allocation key as well as a compromise for managing the quota uptake for 2017. As part of that compromise, the Union's share was fixed at 70,756 % of the ICCAT TAC, amounting to 7 410,48 tonnes in 2017. It is therefore appropriate to implement into Union law the Union's share and to define the quotas for Member States. The allocation should be based on historic catches during a reference period of 2012-2015.

(12)

The catch limits provided for in Regulation (EU) 2017/127 apply from 1 January 2017. The provisions introduced by this amending Regulation concerning catch limits should therefore also apply from that date. Such retroactive application is without prejudice to the principles of legal certainty and protection of legitimate expectations as the fishing opportunities concerned have not yet been exhausted.

(13)

Regulation (EU) 2017/127 should therefore be amended accordingly,

(1)

in Article 9(2), the third subparagraph is replaced by the following:

‘The above derogations shall apply to Union fishing vessels that have recorded catches of sea bass over the period from 1 July 2015 to 30 September 2016: in point (b) with recorded catches using hooks and lines, and in point (c) with recorded catches using fixed gillnets. In the case of a replacement of a Union fishing vessel, Member States may allow the derogation to apply to another fishing vessel provided that the number of Union fishing vessels subject to the derogation and their overall fishing capacity do not increase.’;

(2)

Annexes IA and ID to Regulation (EU) 2017/127 are amended as set out in the Annex to this Regulation.

(1)

Annex II to Regulation (EC) No 1333/2008 lays down a Union list of food additives approved for use in foods and their conditions of use.

(2)

Only food additives included in the Union list in Annex II to Regulation (EC) No 1333/2008 may be placed on the market as such and used in foods under the conditions of use specified therein.

(3)

Some food additives are intended for specific uses for certain oenological practices and processes. The use of such food additives should comply with Regulation (EC) No 1333/2008 and with the specific provisions laid down in the relevant Union legislation.

(4)

The specific provisions authorising the use of additives in wine are laid down in Regulation (EU) No 1308/2013 of the European Parliament and of the Council (3), Council Decision 2006/232/EC (4) and Commission Regulation (EC) No 606/2009 (5) and their implementing measures.

(5)

Commission Regulation (EU) No 231/2012 (6) lays down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008.

(6)

The Union list and the specifications may be updated in accordance with the common procedure referred to in Article 3(1) of Regulation (EC) No 1331/2008, either on the initiative of the Commission or following an application.

(7)

On 24 February 2015, an application was submitted for the authorisation of the use of potassium polyaspartate as a stabiliser in wine. The application was made available to the Member States pursuant to Article 4 of Regulation (EC) No 1331/2008.

(8)

The European Food Safety Authority evaluated the safety of potassium polyaspartate as a food additive and in its opinion (7) of 9 March 2016 concluded that there was no safety concern from the proposed use in wine at a maximum use level of 300 mg/L and typical levels in the range of 100-200 mg/L.

(9)

Potassium polyaspartate acts as a stabiliser against tartrate crystal precipitation in wine (red, rosé and white wine). It enhances the keeping quality and stability of wine and its use does not have an impact on the sensory properties. It is therefore appropriate to include potassium polyaspartate in the Union list of food additives and to assign E 456 as E-number to that additive to enable its authorisation as a stabiliser in wine in the specific provisions of the relevant Union legislation.

(10)

The specifications for potassium polyaspartate (E 456) should be included in Regulation (EU) No 231/2012 when it is included in the Union list of food additives laid down in Annex II to Regulation (EC) No 1333/2008 for the first time.

(11)

Regulations (EC) No 1333/2008 and (EU) No 231/2012 should therefore be amended accordingly.

(12)

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

(1)

Pursuant to Article 9(1) of Decision 2013/233/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya), including the decision to appoint a Head of Mission.

(2)

On 30 August 2016, the PSC adopted Decision (CFSP) 2016/1634 (2), appointing Mr Vincenzo TAGLIAFERRI as Head of Mission of EUBAM Libya from 1 September 2016 to 21 August 2017.

(3)

On 4 August 2016, the Council adopted Decision (CFSP) 2016/1339 (3), amending and extending Decision 2013/233/CFSP until 21 August 2017.

(4)

On 17 July 2017, the Council adopted Decision (CFSP) 2017/1342 (4), extending the mandate of EUBAM Libya from 22 August 2017 to 31 December 2018.

(5)

On 12 July 2017, the High Representative of the Union for Foreign Affairs and Security Policy proposed to extend the mandate of Mr Vincenzo TAGLIAFERRI as Head of Mission of EUBAM Libya from 22 August 2017 to 21 August 2018,

(1)

The manufacturer BMW AG (the ‘Applicant’) submitted an application for the approval of an engine idle coasting function as an eco-innovation on 23 June 2016. The completeness of the application was assessed in accordance with Article 4 of Implementing Regulation (EU) No 725/2011. The application was found to be complete.

(2)

The application has been assessed in accordance with Article 12 of Regulation (EC) No 443/2009, Implementing Regulation (EU) No 725/2011 and the Technical Guidelines for the preparation of applications for the approval of innovative technologies pursuant to Regulation (EC) No 443/2009 (3). Due to the complexity of the technology, the assessment period has been extended by five months in accordance with Article 10(4) of Implementing Regulation (EU) No 725/2011, i.e. until 23 August 2017.

(3)

The application refers to the BMW AG ‘engine idle coasting’ function to be used in BMW M1 vehicles with conventional powertrain and automatic transmission. The basic principle of this innovative technology is to decouple the combustion engine from the drivetrain and prevent deceleration caused by engine braking. The function should be automatically activated in the predominant driving mode, which is the mode automatically selected when the vehicle is switched on. Thus coasting can be used to increase the rolling distance of the vehicle in situations where no propulsion or a slow reduction of speed is needed. When ‘coasting’, the kinetic and potential energy of the vehicle is directly used to overcome driving resistance and, as consequence, to decrease fuel consumption. To obtain less deceleration the engine is decoupled from the drivetrain by opening a clutch. This is done automatically by the control unit of the automatic transmission. During these coasting phases the engine is running at idle speed (‘engine idle coasting’).

(4)

The Commission approved by way of Implementing Decision (EU) 2015/1132 (4) an application by Porsche AG concerning a coasting function intended for use in Porsche S-segment M1 vehicles (sport coupé) only. The application by BMW AG concerning an engine idle coasting function is intended for use in BMW M1 vehicles with conventional powertrain and automatic transmission.

(5)

The applicant has provided a methodology for testing the CO2 reductions from the use of the engine idle coasting function, including a modified NEDC test cycle to offer the possibility for the vehicle to coast. To compare the vehicle fitted with engine idle coasting function with a baseline vehicle where the coasting function is not installed, not available in the predominant driving mode or disabled for testing purposes, both vehicles should be tested on the same modified NEDC test cycle. However, in view of the difficulties for the baseline vehicle to follow the speed-trace of the modified NEDC test cycle, the test of the baseline vehicle is performed on the standard NEDC under hot start conditions, while the modified conditions are taken into account by a conversion factor being applied for the calculation of the CO2 savings. The determination of the conversion factor is vehicle-specific and related primarily to the powertrain hardware configuration. Based on previous studies, the conversion factor appears to lie within the range 0,96 to 0,99. The applicant has requested that the conversion factor should be set at the level of 0,98. The Commission finds however that the applicant has not provided sufficient evidence for justifying a conversion factor higher than 0,96. In view of this, it is considered appropriate to maintain the conversion factor at the lower end of the identified range, i.e. at the value of 0,960, in line with the conversion factor defined in Implementing Decision (EU) 2015/1132.

(6)

A key element in determining the CO2 savings is the proportion of the distance travelled by the vehicle over which the coasting function will be activated, taking into account that the coasting function may be deactivated in other driving modes than the predominant driving mode. The applicant has proposed a usage factor of 0,7 which relates the observed distance covered under coasting conditions during real world driving tests to the coasting distance under modified NEDC conditions. However, that proposed usage factor resulted as a best case value without robust supporting analysis. Based on additional analysis and taking into account the analysis made for the purpose of Implementing Decision (EU) 2015/1132, it is appropriate to consider a more conservative usage factor equal to 0,62.

(7)

The case study conducted by BMW AG concerned two vehicles having the engine idle coasting technology active until 40km/h. In view of the forthcoming production of BMW models able to coast until 15km/h, the applicant has proposed an analytical method to extend the scope to also cover this longer coasting activation period. Nevertheless, the influence of the more extended coasting period upon the usage factor has not been analysed by the applicant. Therefore, it is appropriate to consider the coasting function as active at least down to 40 km/h.

(8)

The information provided in the application demonstrates that the conditions defined in Articles 2 and 4 of Implementing Regulation (EU) No 725/2011 and the criteria referred to in Article 12 of Regulation (EC) No 443/2009 have been met for at least one of the two vehicles presented in the case study. Moreover, the application is supported by a verification report established by an independent and certified body in accordance with Article 7 of Implementing Regulation (EU) No 725/2011.

(9)

Based on the information provided with the current application, and taking into account the experience gained from the assessment of the application on the approval of the Porsche AG coasting function in the framework of Implementing Decision (EU) 2015/1132, it has been satisfactorily demonstrated that the BMW engine idle coasting function can provide a reduction in CO2 emissions of at least 1 g CO2/km in accordance with Article 9 of Implementing Regulation (EU) No 725/2011 for certain BMW vehicles. It is therefore necessary for the type approval authority, to verify that the 1gCO2/km threshold specified in Article 9 of Implementing Regulation (EU) No 725/2011 is met for the certification of the CO2 savings from BMW vehicles fitted with engine idle coasting function.

(10)

Against that background, the Commission finds that no objections should be raised as regards the approval of the innovative technology in question.

(11)

The manufacturer BMW AG should, in order to have the CO2 savings from the BMW AG engine idle coasting function certified, provide a verification report from an independent and certified body confirming the compliance of the fitted vehicle with the conditions specified in this Decision together with the application for certification to the type approval authority.

(12)

For the purposes of determining the general eco-innovation code to be used in the relevant type approval documents in accordance with Annexes I, VIII and IX to Directive 2007/46/EC of the European Parliament and of the Council (5), the individual code to be used for the innovative technology should be specified,

(a)

the innovative technology is fitted in BMW conventional powertrain M1 vehicles with automatic transmission equipped with the BMW engine idle coasting function automatically activated in the predominant driving mode; this is the driving mode that is always selected when the vehicle is switched on regardless of the operating mode selected when the vehicle was previously shut down; the BMW engine idle coasting function may not be deactivated in the predominant driving mode by the driver or by external interventions;

(b)

the BMW engine idle coasting function is active at least down to 40km/h;

(c)

for vehicles with the capacity to coast down to a speed lower than 40km/h, the BMW engine idle coasting function shall be de-activated at 40km/h for the purpose of the test set out in the Annex.

(1)

On 16 March 2016, the Governing Council approved the establishment of a ‘Market Infrastructure Board’, a new governance body responsible for technical and operational management tasks in the field of market infrastructures and platforms.

(2)

Accordingly, Decision ECB/2012/6 (2) should be amended, to reflect the establishment of the Market Infrastructure Board, and the operation of the T2S Board as one of the dedicated formats of the Market Infrastructure Board,

1.

Article 1 is replaced by the following:

(*1)  Guideline ECB/2012/13 of the European Central Bank of 18 July 2012 on TARGET2-Securities (OJ L 215, 11.8.2012, p. 19).’;"

2.

in Article 2, paragraph 1 is replaced by the following:

3.

in Annex I, under the section ‘Composition’, the fourth paragraph is replaced by the following:

‘The mandate of a T2S Board member lasts for 24 months and may be renewed. The Governing Council may decide on a shorter mandate, including when members resign or retire before the expiry of their mandate.’;

4.

Annex II is amended as follows:

(1)

On 16 March 2016, the Governing Council approved the establishment of a ‘Market Infrastructure Board’, a new governance body responsible for technical and operational management tasks in the field of market infrastructures and platforms.

(2)

On the same date, the Governing Council approved the establishment of a ‘Market Infrastructure and Payments Committee’, to replace the ‘Payment and Settlement Systems Committee’.

(3)

An ‘Advisory group on Market Infrastructures for Securities and Collateral’ (hereinafter ‘AMI SeCo’) has been established to take over the responsibilities of the T2S Advisory Group, to advise the Eurosystem on matters relevant to securities clearing and settlement, collateral management and T2S.

(4)

Guideline ECB/2012/13 (1) should, therefore, be amended, to reflect the replacement of the Payment and Settlement Systems Committee by the Market Infrastructure and Payments Committee, the establishment of the Market Infrastructure Board, and the replacement of the T2S Advisory Group by AMI SeCo,

1.

in Article 2 the following definitions are added:

2.

in Article 2, point (18) is replaced by the following:

3.

in Article 7, in paragraphs 1, to 3 all references to the ‘T2S Advisory Group’ are replaced by ‘AMI SeCo’;

4.

in Article 8, paragraph 1 is replaced by the following:

5.

in Article 9, in paragraphs 3 and 4 all references to the ‘Payment and Settlement Systems Committee (PSSC)’ are replaced by ‘Market Infrastructure and Payments Committee (MIPC).’;

6.

the Annex is replaced by the Annex to this Guideline.