### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries . ### the fund should support the efficient management of migration flows , inter alia by promoting common measures in the area of asylum , including member states’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between member states , supporting integration strategies and a more effective legal migration policy , so as to ensure the union’s long - term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy . the fund should support the strengthening of cooperation with third countries to reinforce management of flows of persons applying for asylum or other forms of international protection , avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries , involving diaspora communities , in particular , which will be given a role of facilitator .


### promoting exchanges and dialogue between third - country nationals , the receiving society and public authorities , including through the consultation of third - country nationals , and intercultural and inter - religious dialogue . ### promoting exchanges and dialogue , in particular with the assistance of diaspora communities , between third - country nationals , the receiving society and public authorities , including through the consultation of third - country nationals , and intercultural and inter - religious dialogue .


### specific support measures for returnees in the member states and in the countries of return can improve conditions of return and enhance their reintegration . ### specific support measures for returnees in the member states and in the countries of return can improve conditions of return and enhance their reintegration . such support measures should be put in place with the active participation of local authorities , civil society and diaspora communities .


### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships and the testing of new initiatives and actions across the union . ### to complement the implementation of the policy objective of this fund at national level through member states’ programmes , the fund should also provide support for actions at union level . such actions should serve overall strategic purposes within the scope of intervention of the fund relating to policy analysis and innovation , transnational mutual learning and partnerships , the work done by diaspora communities and the intermediary role they can play in this regard , and the testing of new initiatives and actions across the union .


### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance should be envisaged for the voluntary return of persons . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness . ### member states should give preference to voluntary return . in order to promote voluntary return , member states should envisage incentives such as preferential treatment in the form of enhanced return assistance , through vocational training in europe which would help returnees re - enter the labour market in their countries of origin . this kind of voluntary return is in the interests of both returnees and the authorities in terms of its cost - effectiveness .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the eu budget expenditures supporting climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implementing the paris agreement and the united nations sustainable development goals as a front - runner , this programme will contribute to mainstreaming climate actions and to the swift achievement of an overall target of 30 % of the eu budget expenditures supporting climate objectives as well as to the mainstreaming of the sustainable development goals into all union policies . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would compromise the preservation or the genetic diversity of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state . ### by way of derogation from article 4 , the competent authority may refuse to recognise a breed society that complies with the requirements set out in part 1 of annex i where the breeding programme of that breed society would : - compromise the preservation or the genetic diversity of purebred breeding animals entered , or registered and eligible for entry , in the breeding book established for that breed by a breed society that has already been recognised in that member state , or ; - compromise the improvement or breeding programme of a breed society that has already been recognised for that breed , or ; - compromise the objectives of the nagoya protocol and the convention on biological diversity in relation to biodiversity conservation , or ; - compromise the approved breeding programme in the case of equine breeds .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### when the commission has well - founded indications of the possible existence of one or more significant distortions as referred to in point , a detailed report describing the market circumstances as per point in a certain country or a certain sector shall be produced or updated . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made definitively by the commission no later than three months following initiation of an investigation . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### significant distortions within the meaning of point are those distortions which occur when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard shall be had , inter alia , to the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; a high degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; the existence of state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation system ; the absence or inadequate implementation of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the absence or inadequate implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions .


### an appropriate market economy third country shall be selected in a not unreasonable manner , due account being taken of any reliable information made available at the time of selection . account shall also be taken of time - limits ; where appropriate , a market economy third country which is subject to the same investigation shall be used . ### an appropriate representative country shall be selected in a not unreasonable manner , due account being taken of any reliable information made available at the time of selection . account shall also be taken of time - limits ; where appropriate , an appropriate representative country which is subject to the same investigation shall be used .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard should be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country sacrificing of fact and law an adequate corporate governance ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws ; wage rates are not the result of free bargaining between labour and management ; the absence of a transparent set of laws produces discriminatory effects with regard to joint - ventures and other foreign investment and access to finance granted by institutions implementing public policy objectives and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . the existence of significant distortions in the economy as a whole or in sector of the economy of the exporting country should lead automatically to the use of undistorted international , third country or eu prices , costs or benchmarks for each factor of production in the construction of the normal value . however , if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted , those costs should be used in the construction of its normal value . it is further appropriate to provide that the commission services issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; for those countries for which a substantial number of anti - dumping cases have been recorded , the report should be completed and adopted before the entry into force of this regulation . the union industry should be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . in accordance with its role , the european parliament is to monitor the report drafting process . on the request of the european parliament or in the case of a change of circumstances in a specific country or sector , the commission shall update the report . in any event the european commission should carry out a review of the report every two years .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , provided the relevant data are readily available . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each and every factor of production in the construction of the normal value . if an exporting producer from a country or a sector in which there exists one or more significant distortions conclusively demonstrates that its costs of one or more individual factors of production are not distorted , pursuant to the following paragraph , those costs shall be used in the construction of its normal value . the absence of distortion of an exporting producer ' s costs of a given factor and the reliability thereof shall be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . such individual findings shall not influence the normal value of other exporting producers and consequently shall not be extrapolated to the whole country or sector regardless of the application of article 17 . with regard to the various elements described above , the commission shall set deadlines for the submission of evidence in order to allow the respect of both the rights of defence of all interested parties and the overall procedural deadlines . further evidence relating to individual factors of production can be accepted by the commission after those deadlines only if it is possible to be properly and adequately verified by the commission , and other parties would have sufficient time to comment .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other production factors , are not the result of free market forces because they are affected by state intervention at any level , including central , regional and provincial level . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises , such as public bodies , which operate under the ownership , control or policy supervision or guidance , whether direct or indirect , of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; or otherwise influencing free market forces , including the allocation of resources ; the absence of a transparent and non - discriminatory company law which ensures adequate corporate governance , such as the application of international accounting standards , the protection of shareholders and public availability of accurate company information ; the absence and implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; lack of compliance with international social and environmental standards having as result an impact on costs production . it is further appropriate to provide that the commission should issue , as soon as possible , a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector and updated on a regular basis as appropriate ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### significant distortions for the product concerned within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . ### significant distortions within the meaning of point may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces as they are affected by government intervention . in considering whether or not significant distortions exist regard shall be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country sacrificing of fact and law an adequate corporate governance ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; the lack of a transparent and effective functioning company law and a bankruptcy regime that prevents the exercise of property laws ; wage rates are not the result of free bargaining between labour and management ; the absence of a transparent set of laws produces discriminatory effects with regard to joint - ventures and others foreign investments ; access to finance granted by institutions implementing public policy objectives and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . the existence of significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or eu prices , costs or benchmarks for each factor of production in the construction of the normal value . if an exporting producer from a country that does not meet those conditions clearly demonstrates that its costs of one or more individual factors of production are not distorted , those costs shall be used in the construction of its normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sector therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks for every factor of production , or corresponding costs of production and sale in an appropriate representative country including those in the union . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs and benchmarks for each factor of production in the construction of the normal value . if exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion , their costs shall be used in the construction of the normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , and with sufficient level of international social and environmental standards , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . where an exporter can clearly demonstrate that its prices or costs of all factors of production are not affected by significant distortions , those prices or costs shall be used in the construction of its normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , provided the relevant cost data are readily available . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits . the existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each and every factor of production in the construction of the normal value . if exporting producers from a country or a sector in which there exists one or more significant distortions conclusively demonstrate that the costs of one or more individual factors of production are not distorted for the industry as a whole , those costs shall be used in the construction of the normal value . the absence of distortion of the exporting producers ' costs of a given factor and the reliability thereof shall be assessed , inter alia , by reference to the quantities involved , their proportion in relation to the total costs of that factor , and actual use in production . in order to allow the commission to respect the overall procedural deadlines , and to respect the rights of defence of all stakeholders , the commission shall set deadlines for the submission of evidence with regard to the various elements described above . in particular , further evidence can be accepted by the commission after those deadlines only when it is possible to be properly and adequately verified by the commission , and other parties would be able to have sufficient time to comment .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in a member state , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . ### the union industry may rely on the evidence in the report referred to in point , where meeting the standard of evidence in view of article 5 when filing a complaint in accordance with article 5 , or a request for a review in accordance with article 11 , or a request for a reinvestigation in accordance with article 12 .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions , in the economy as a whole or in a sector or sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### when the commission has well - founded indications of the possible existence of significant distortions as referred to in point , and when appropriate for the effective application of this regulation , a report describing the market circumstances as per point in a certain country or a certain sector shall be produced or updated . such reports and the evidence on which they are based shall be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to rebut , supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations relating to the existence of significant distortions shall take into account all of the relevant evidence on the file . the commission shall review and update the report if necessary in the case of a change of market circumstances as per point . a review of the report should be carried out at least once within two years .


### the commission shall also offer consultations to the country of origin and / or export concerned with regard to other subsidies identified in the course of the investigation . in these situations , the commission shall send to the country of origin and / or export a summary of the main elements concerning other subsidies , in particular those referred to in point of paragraph 2 of this article . if the additional subsidies are not covered by the notice of initiation , the notice of initiation shall be amended and the amended version be published in the official journal of the european union , inviting all interested parties to comment . ### the commission shall also offer consultations to the country of origin and / or export concerned with regard to other subsidies identified in the course of the investigation . in these situations , the commission shall send to the country of origin and / or export a summary of the main elements concerning other subsidies , in particular those referred to in point of paragraph 2 of this article . if the additional subsidies are not covered by the notice of initiation , the notice of initiation shall be amended and the amended version be published in the official journal of the european union . all interested parties will be given additional and sufficient time to comment .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and published before the entry into force of this regulation . union industry and trade unions shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . the commission shall update the report every two years . the commission shall also update the report upon request of the european parliament , union industry or trade unions , or at the commission ' s own initiative when the circumstances in a specific country or sector have changed . the commission shall include an analysis on the implementation of this regulation in its annual report on the union ' s anti - dumping , anti - subsidy and safeguard activities and shall present it to the european parliament .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation occurs when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that when assessing the existence of significant distortions regard may be had , inter alia , to the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country sacrificing of fact and law an adequate corporate governance ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; the lack of a transparent and effective functioning company law ; the absence of a transparent set of laws which could cause discriminatory effects with regard to joint ventures and other foreign investment and access to finance granted by institutions implementing public policy objectives or any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . it is further appropriate to provide that the commission services may issue reports on distortions , which could potentially result in an anti - dumping investigation , describing the market circumstances concerning these instances in a certain country or a certain sector , should be issued or updated ; that such reports and the evidence on which they are based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### the provider ' s general conditions of sale , including a detailed description of the complaints procedure . ### the parcel delivery service provider ' s general terms and conditions for parcel delivery services , including a detailed description of the complaints procedure for users .


### the name of the provider , its legal status and form , registration number in a trade or similar register , vat number , the address of the establishment and a contact person ; ### the name of the parcel delivery service provider , its legal status and form , registration number in a trade or similar register , vat identification number , the address of the establishment and a contact person ;


### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by universal service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services . parcel delivery service providers other than universal service providers may voluntarily provide , in a comparable form , their national regulatory authority with the tariffs for the same items provided that such items are delivered at the home or the premises of the addressee . ### when providing information to the national regulatory authority , it should be taken into account that parcel delivery service providers may have already provided certain information to the same national regulatory authority . parcel delivery services are important for small and medium - sized enterprises and individuals and they should be able to compare easily between different providers . therefore , the services for which tariffs should be provided by parcel delivery service providers should be clearly defined . those tariffs should be published by the commission on a dedicated webpage and should , together with the confidential regular provision of the underlying terminal rates , constitute the basis for the national regulatory authorities to assess the affordability of tariffs for cross - border parcel delivery services .


### universal service providers providing parcel delivery services shall provide the national regulatory authority with the terminal rates applicable on 1 january of each calendar year to postal items originating from other member states . that information shall be provided by 31 january of each calendar year at the latest . ### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the terminal rates applicable on 1 january of each calendar year to the delivery of postal items falling within the categories listed in the annex originating from other member states . that information shall be provided by 31 january of each calendar year at the latest .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### ' parcel delivery services ' means services involving the clearance , sorting , transport or distribution of postal items other than items of correspondence ; transport alone shall not be considered a parcel delivery service ; delivery of such items exceeding 31 , 5 kg shall not be considered a parcel delivery service ; ### ' parcel delivery services ' means services involving the clearance , sorting , transport and distribution of postal items other than items of correspondence ;


### the nature of the services offered by the provider ; ### a description of the parcel delivery services offered by the provider , including delivery options and information provided to the consumer ;


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the provider is established , broken down into domestic and incoming and outgoing cross - border parcels ;


### in case of any change concerning information referred to in the first subparagraph , parcel delivery service providers shall inform the national regulatory authority of this change within 30 days . ### in case of any change concerning information referred to in paragraph 1 , parcel delivery service providers shall inform the national regulatory authority of this change within 30 days . .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . however , the provisions of this regulation are without prejudice to the rights and guarantees set out in that directive including in particular the continued provision of a universal postal service to users . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### universal service providers providing parcel delivery services shall provide the national regulatory authority of the member state in which they are established with the public list of tariffs applicable on 1 january of each calendar year for the delivery of postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest . ### all parcel delivery service providers shall provide the national regulatory authority of the member state where they are established with the public list of tariffs applicable on 1 january of each calendar year to postal items falling within the categories listed in the annex . that information shall be provided by 31 january of each calendar year at the latest .


### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . this directive establishes common rules governing the provision of postal services and the universal postal service in the union . it focuses primarily , but not exclusively , on national universal services and does not address regulatory oversight of parcel delivery service providers , transparency of tariffs and terminal rates for certain cross - border parcel delivery services , the assessment of the affordability of tariffs for certain cross - border parcel delivery services and transparent and non - discriminatory access to certain cross - border parcel delivery services and / or infrastructure . this regulation therefore complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service . ### currently , postal services are regulated by directive 97 / 67 / ec of the european parliament and of the council49 . that directive establishes common rules governing the provision of postal services and the universal postal service in the union . this regulation complements , insofar as cross - border parcel delivery services are concerned , the rules set out in directive 97 / 67 / ec . _________________ 49 directive 97 / 67 / ec of the european parliament and of the council of 15 december 1997 on common rules for the development of the internal market of community postal services and the improvement of quality of service .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the average number of persons working for the parcel delivery service provider over the previous calendar year involved in the provision of parcel delivery services in the member state in which that provider is established . the average number of persons shall include full - time , part - time , temporary employees and self - employed ;


### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a commonly used data format ; and ### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format ; and


### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a commonly used data format ; and ### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content and data without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and have the right to transmit those content and data to another supplier without hindrance from the supplier to which the content have been provided ; and


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and to transmit those content to another supplier without hindrance from the supplier to which the personal data have been provided ;


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format ;


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective and confidential reporting channels .


### accordingly , common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause serious harm to the public interest . ### accordingly , common minimum legal standards ensuring effective whistleblower protection should apply in those acts and policy areas where i ) there is a need to strengthen enforcement ; ii ) under - reporting by whistleblowers is a key factor affecting enforcement , and iii ) breaches of union law cause harm to the public interest .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections and the synchronisation of&#160 ; energy systems ; and digital infrastructure ;


### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of investment projects . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies . ### decisions on the use of the efsi support for infrastructure and large mid - cap projects should be made by an investment committee . the investment committee should be composed of independent experts who are knowledgeable and experienced in the areas of project structuring and project financing , and investment projects , and in different sectors , such as research and development , energy , transport and ict . the investment committee should be accountable to a steering board of the efsi , who should supervise the fulfilment of the efsi ' s objectives . to effectively benefit from the experience of the eif , the efsi should support funding to the eif to allow the eif to undertake individual projects in the areas of small and medium enterprises and small mid - cap companies .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , and innovative enterprises , through the supply of risk bearing capacity to the eib .


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the efsi shall target projects with a higher risk profile than existing eib and union instruments or programmes so as to ensure additionality over existing operations . the operations concerned shall be consistent with union policies and support any of the following general objectives :


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic and social value added contributing to achieving union policy objectives . the efsi should improve access to finance and the competitiveness of enterprises , in particular for small and medium - sized enterprises as defined in recommendation 2003 / 361 / ec , and invest in projects which aim to strengthen the single market . the efsi should be complementary to existing eu programmes . in this context , the projects financed by the efsi should have a higher risk than projects financed by other eu programmes or by other eib operations .


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### member states shall , by appropriate means , consult citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of services activities , including activities of regulated professions , or amending existing ones , and take account of their views .


### for the purposes of the efficient application of this directive , before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , member states shall encourage the exchange of information with competent authorities of other member states on matters covered by this directive , such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities , on a regular basis , or , where appropriate , on an ad hoc basis . ### for the purposes of the efficient application of this directive , before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of services activities , including activities of regulated professions , and when reviewing existing regulation in case of substantive changes being introduced , member states shall encourage the exchange of information with competent authorities of other member states on matters covered by this directive , such as the particular way they regulate a profession or the effects of regulation identified in similar sectors of activities , on a regular basis , or , where appropriate , on an ad hoc basis .


### reserved activities , existing alongside protected professional title ; ### reserved activities ,


### where a member state regulates a profession , account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals . in view of the speed of technological change and scientific progress , up - dates in access requirements may be of particular importance for a number of professions . ### where a member state regulates a service activity or a profession , account should be taken of the fact that technological developments may reduce the asymmetry of information between consumers and professionals . in view of the speed of technological change and scientific progress , up - dates in access requirements may be of particular importance for a number of service activities and regulated professions .


### before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , member states shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . ### before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of service activities , including the activities of regulated professions , member states shall assess whether those provisions are necessary and suitable for securing the attainment of the objective pursued and do not go beyond what is necessary to attain that objective . where those provisions introduce substantive changes to the regulation of a services activity or the profession concerned , member states shall also assess the proportionality of the existing regulation .


### when assessing the necessity and the proportionality of the provisions , the relevant competent authorities shall consider in particular : ### when assessing the proportionality of the provisions , member states shall consider in particular :


### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of regulated professions within the union is proportionate to the importance of the objectives pursued and the expected gains . ### the economic impact of the measure , including a cost - benefit analysis with particular regard to the degree of competition in the market and the quality of the service provided , as well as the impact on the right to work and on the free movement of persons and services within the union should be duly taken into account by the competent authorities . based on this analysis , member states should ascertain , in particular , whether the extent of the restriction of access to or pursuit of service activities , including the activities of regulated professions , within the union is proportionate to the importance of the objectives pursued and the expected gains .


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### before introducing new , or amending existing , legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , member states shall , by appropriate means , publicly disclose the relevant information on the provisions , adequately consult citizens , service recipients , including consumers , representative associations , social partners and other relevant stakeholders , including those who are not members of the profession , and give them the opportunity to make known their views .


### member states shall ensure that legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives . ### member states shall ensure that legislative , regulatory or administrative provisions restricting access to or pursuit of service activities , and in particular the activities of regulated professions , they intend to introduce and amendments they intend to make to existing provisions are justified by public interest objectives . where those provisions introduce substantive changes to the regulation of a service activity or the profession concerned , member states shall also review whether the existing regulation that is not being amended remains justified by its underlying public interest objectives .


### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest . ### where the taking - up and pursuit of certain employed or self - employed activities are conditional on complying with certain provisions , and in particular requirements relating to specific professional qualifications , laid down directly or indirectly by the member states , it is necessary to ensure that such provisions are justified by public interest objectives , such as those within the meaning of the treaty , namely public policy , public security and public health or by overriding reasons of general interest , recognised as such in the case - law of the court of justice . where those objectives apply , regulation of professions should be considered to be a necessary safeguard of the public interest rather than an obstacle to competition and free movement . it is important to ensure that public interest objectives are adequately identified in order to determine the intensity of the regulation . for example , in order to ensure a high level of protection of public health , member states should enjoy a margin of discretion to decide on the degree of protection which they wish to afford to public health and on the way in which that protection is to be achieved . it is also necessary to clarify that among the overriding reasons of general interest , recognised by the court of justice , are preserving the financial equilibrium of the social security system ; the protection of consumers , recipients of services and workers ; the safeguarding of the proper administration of justice ; fairness of trade transactions ; combating fraud and prevention of tax evasion and avoidance ; road safety ; the protection of the environment and the urban environment ; the health of animals ; intellectual property ; the safeguarding and conservation of the national historic and artistic heritage , social policy objectives and cultural policy objectives . according to settled case - law , purely economic reasons , having essentially protectionist aims , as well as purely administrative reasons , such as carrying out controls or gathering statistics cannot constitute an overriding reason of general interest .


### the nature of the risks related to the public interest objectives pursued , in particular the risks to consumers , to professionals or third parties ; ### the nature of the risks related to the public interest objectives pursued , in particular the risks to consumers , service recipients , including patients , professionals or third parties ;


### if , after having exhausted all possible means and provided there are no grounds for suspicion , no person under point is identified , or if there is any doubt that the person identified are the beneficial owner , the natural person who hold the position of senior managing official , the obliged entities shall keep records of the actions taken in order to identify the beneficial ownership under point and this point ; ### in point , point is replaced by the following : “if , after having exhausted all possible means , the entity fails to provide the identity of any natural person who meets the criteria set out in point , the obliged entities shall record that no beneficial owner exists and keep records of the actions taken in order to identify the beneficial ownership under point . where there is any doubt that the person identified are the beneficial owner , a record of that doubt shall be made . in addition , obliged entities shall identify and verify the identity of the relevant natural person who holds the position of senior managing official , who shall be identified as the ' senior manager ' , and record details of all legal owners of the entity ; ”


### the information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as defined in article 3 . ### the information publicly accessible shall consist of at least the name , the date of birth , the nationality , the country of residence , contact details , the nature and extent of the beneficial interest held of the beneficial owner as defined in point of article 3 .


### the assessor shall ensure the removal of any information of a commercially sensitive nature from the approved joint clinical assessment report and the summary report . ### the assessor shall ensure the removal of any information of a commercially sensitive nature from the approved joint clinical assessment report and the summary report . the assessor shall consult the developer on the report before its publication . the developer shall have a period of 7 working days to point out which information it considers confidential and to justify the commercially sensitive nature of that information .


### the commission shall adopt implementing acts concerning : ### the coordination group shall establish , after consulting all relevant stakeholders :


### in order to ensure a wide application of harmonised rules on clinical aspects of hta and enable pooling of expertise and resources across hta bodies , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under regulation no 726 / 2004 of the european parliament and of the council , 11 which incorporate a new active substance , and where those medicinal products are subsequently authorised for a new therapeutic indication . joint clinical assessments should also be carried out on certain medical devices within the meaning of regulation 2017 / 745 of the european parliament and of the council12 which are in the highest risk classes and for which the relevant expert panels have provided their opinions or views . a selection of medical devices for joint clinical assessment should be made based on specific criteria . __________________ 11 regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency . 12 regulation 2017 / 745 of the european parliament and of the council of 5 april 2017 on medical devices , amending directive 2001 / 83 / ec , regulation no 178 / 2002 and regulation no 1223 / 2009 and repealing council directives 90 / 385 / eec and 93 / 42 / eec . ### in order to ensure a wide application of harmonised rules on clinical aspects of hta and enable pooling of expertise and resources across hta bodies , it is appropriate to require joint clinical assessments to be carried out for all medicinal products undergoing the central marketing authorisation procedure provided for under regulation no 726 / 2004 of the european parliament and of the council , 11 which incorporate a new active substance , and where those medicinal products are subsequently authorised for a new therapeutic indication . __________________ 11 regulation no 726 / 2004 of the european parliament and of the council of 31 march 2004 laying down community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a european medicines agency .


### not carry out a clinical assessment or an equivalent assessment process on a health technology included in the list of assessed health technologies or for which a joint clinical assessment has been initiated ; ### not carry out a clinical assessment or an equivalent assessment process on a health technology included in the list of assessed health technologies or for which a joint clinical assessment has been initiated ; member states shall have the right to complement the clinical evidence in the joint clinical assessment report according to their national context . additional clinical evidence cannot deny the conclusions reached in the joint clinical assessment report .


### the designated sub - group shall request relevant health technology developers to submit documentation containing the information , data and evidence necessary for the joint clinical assessment . ### the designated sub - group shall meet relevant health technology developers to agree on the scope of the assessment and on documentation from relevant sources including clinical trials but also inter alia patient registries , databases or european reference networks , containing the information , data and evidence necessary for the joint clinical assessment .


### five years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council . ### three years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards progress achieved towards restoring and maintaining fish stocks above levels capable of producing maximum sustainable yield . the commission shall submit the results of this evaluation to the european parliament and to the council and may , where appropriate and taking into account the most recent scientific advice , propose adaptations to the multiannual plan or initiate modifications to the delegated acts .


### in order to enable the implementation of the landing obligation established by article 15 of regulation no 1380 / 2013 , the plan should provide for additional management measures . such measures should be laid down by means of delegated acts . ### in order to ensure the implementation of and full compliance with the landing obligation established by article 15 of regulation no 1380 / 2013 , the plan should provide for additional management measures and other conservation measures , in particular measures to gradually eliminate discards or to minimise the negative impact of fishing on the ecosystem , taking into account the best available scientific advice . such measures should be laid down by means of delegated acts .


### fishing opportunities shall comply with the target fishing mortality ranges set out in annex i , column a to this regulation . ### fishing opportunities shall comply with target fishing mortality ranges from msy flower to fmsy .


### for stocks where the reference points are not available , the precautionary principle should apply . in the specific case of stocks taken as by - catches , in the absence of scientific advice on the levels of minimum spawning biomass of such stocks , specific conservation measures should be adopted when scientific advice indicates that remedial measures are needed . ### for stocks where the reference points are not available , the precautionary principle should apply in order to ensure , for all stocks , at least a comparable degree of conservation of the relevant stocks , as set out in article 9 of regulation no 1380 / 2013 .


### the objective of the multiannual plan should be to contribute to achieving the objectives of the cfp , and especially reaching and maintaining msy for the stocks concerned , achieving a sustainable fisheries sector and providing an effective management framework . ### the objective of the multiannual plan should be to achieve the objectives of the cfp , and especially restoring and maintaining above levels of biomass capable of producing msy for all populations of fish stocks , implementing the landing obligation , achieving a sustainable fisheries sector and providing an effective management framework .


### to achieve the objectives of the cfp , a number of conservation measures are to be adopted as appropriate in any combination thereof , such as multi - annual plans , technical measures , fixing and allocation of fishing opportunities . ### to achieve the objectives of the cfp , a number of conservation measures are to be adopted as appropriate in any combination thereof , such as multi - annual plans , technical measures , fixing and allocation of fishing opportunities in full accordance with the best available scientific advice .


### when scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in article 1 of this regulation , or , in the case of anchovy and sardine , when the spawning biomass of either of these stocks for a given year is below the conservation reference points set out in annex ii , column a to this regulation , the commission is empowered to adopt delegated acts in accordance with article 16 of this regulation and article 18 of regulation no1380 / 2013 regarding : ### when the best available scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in article 1 of this regulation , or , in the case of anchovy and sardine , when the spawning biomass of either of these stocks for a given year is below the msy btrigger conservation reference points , the commission is empowered to adopt delegated acts in accordance with article 16 of this regulation and article 18 of regulation no1380 / 2013 regarding :


### the multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the multiannual plan shall contribute to the achievement of all&#160 ; the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 .


### when scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point as set out in annex ii , column b to this regulation , further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing msy . in particular , those remedial measures may include , by way of derogation from article 4 , paragraphs 2 and 4 , suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities . ### when the best available scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point , further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing msy . in particular , those remedial measures may include , by way of derogation from article 4 , paragraphs 2 and 4 , suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities .


### five years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council . ### three years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council and shall , if appropriate , submit a proposal to amend this regulation .


### notwithstanding paragraphs 1 and 2 , fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in annex i , column a . ### notwithstanding paragraph 2 , fishing opportunities may be fixed at levels corresponding to lower levels of fishing mortality than those set out in paragraph 2 .


### the multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the multiannual plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . the maximum sustainable yield exploitation rate shall be achieved by 2015 where possible and , on a progressive , incremental basis at the latest by 2020 for all stocks , and shall be maintained thereafter .


### as the three tripartite agencies - eu - osha , the european centre for development and vocational training , and the european foundation for the improvement of living and working conditions - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among three agencies is required and the ways to enhance efficiency and synergies should be exploited . in addition , whenever relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies - eu - osha , the european centre for development and vocational training , and the european foundation for the improvement of living and working conditions - address issues related to the labour market , working environment and vocational education and training and skills , close coordination among three agencies is required so that the work of the agencies does not overlap where they have similar fields of interest , while ways to enhance efficiency and synergies should be exploited and any duplication among the agencies , as well as between them and the commission , concerning their mandates , objectives and activities , should be avoided . in addition , whenever relevant , the agency should seek to engage in efficient cooperation with the commission ' s and the european parliament ' s in - house research capacities .


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### in the event of misconduct , unsatisfactory performance or recurring or serious irregularities , the executive director may be removed from office only upon a decision of the management board acting on a proposal , based on a reasoned assessment , from the commission .


### since its establishment in 1994 eu - osha has played an important role in supporting the improvement of health and safety at work throughout the european union . at the same time there have been developments in the area of occupational safety and health . in this light some adjustments are required in describing the objectives and tasks of eu - osha as compared to the provisions in council regulation no . 2062 / 94 . ### since its establishment in 1994 eu - osha has , by virtue of its expertise , played an important role in supporting the improvement of health and safety at work throughout the european union . at the same time there have been developments in the area of occupational safety and health , including technological developments , particularly in the digital area , which add to the challenge of promoting high osh standards . in this light some adjustments are required in describing the objectives and tasks of eu - osha as compared to the provisions in council regulation no . 2062 / 94 .


### the term of office of members of the executive board shall be two years . that term shall be extendable . the term of office of members of the executive board shall end when their membership of the management board ends . ### the term of office of members of the executive board shall be two years . that term shall be renewable . the term of office of members of the executive board shall end when their membership of the management board ends .


### the executive director shall manage the agency . the executive director shall be accountable to the management board . ### the executive director shall be responsible for the overall management of the agency according to the strategic direction set by the management board and shall be accountable to the management board .


### the term of office for members and their alternates shall be four years . it shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and their alternates shall be four years . it shall be renewable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .