### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data , which should be eurostat , and by deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report , which should be based on a harmonised format . reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 1999 / 31 / ec , member states should use the most recent methodology developed by the commission and the national statistical offices of the member states .


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy as laid down in directive 2008 / 98 / ec . that progressive reduction of landfilling will bring a major change in waste management in many member states . with improved statistics on waste collection and treatment , it should be possible to avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste and will contribute to achieve a high quality of sorted material . to this end , it is necessary that the drive towards the elimination of landfilling does not have as a consequence an increase in incineration quantities and capacities and over - use of landfill . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . it is also necessary to ensure that shipments of waste are treated in the most cost - efficient and sustainable way in line with the principles and requirements of regulation no 1013 / 2006 of the european parliament and of the council1a , in particular in line with the principle of proximity , priority for recovery and self - sufficiency , therefore those shipments should be properly monitored and coordinated , thereby guaranteeing that they are carried out in a manner that is consistent with the principles and premises of the circular economy . _____________________ 1a regulation no 1013 / 2006 of the european parliament and of the council of 14 june 2016 on shipments of waste .


### statistical data reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of statistics should be improved by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states should be required to use the most recent methodology developed by the commission and the national statistical offices of the member states . ### data and information reported by member states are essential for the commission to assess compliance with waste legislation across the member states . the quality , reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data , deleting obsolete reporting requirements , benchmarking national reporting methodologies and introducing a data quality check report . reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among member states . therefore , when preparing the reports on compliance with the targets set out in directive 19991 / 31 / ec , member states shall use the common methodology developed by the commission in cooperation with the national statistical offices of the member states and the national authorities responsible for waste management .


### many member states have not yet completely developed the necessary waste management infrastructure . the setting of landfill reduction targets will further facilitate separate collection , sorting and recycling of waste and avoid locking potentially recyclable materials at the bottom of the waste hierarchy . ### many member states have not yet completely developed the necessary waste management infrastructure . the setting of clear landfill reduction targets and the creation of a framework programme with a time schedule for the targets to be met should further encourage and facilitate separate collection , sorting and recycling of waste . furthermore , these ambitious targets should provide an adequate context for stimulating increased public and private investments in infrastructure , research and skills , and they should avoid locking potentially recyclable materials at the bottom of the waste hierarchy .


### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative enviornmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste that has been separately collected in accordance with article 22 of directive 2008 / 98 / ec . ### biodegradable municipal waste accounts for a large proportion of municipal waste . landfilling of untreated biodegradable waste poses significant negative environmental effects in terms of greenhouse gas emissions and pollution of surface water , groundwater , soil and air . while directive 1999 / 31 / ec already sets landfill diversion targets for biodegradable waste it is appropriate to put in place further restrictions on the landfilling of biodegradable waste by prohibiting the landfilling of biodegradable waste , which should be separately collected in accordance with article 22 of directive 2008 / 98 / ec . the commission and the member states should encourage the use of alternative measures for the sustainable treatment of biodegradable waste in line with new technologies and techniques such as worm composting or bio - digestion .


### estonia , greece , croatia , latvia , malta , romania and slovakia may obtain five additional years for the attainment of the target referred to in paragraph 5 . the member state shall notify the commission of its intention to make use of this provision at the latest 24 months before the deadline laid down in paragraph 5 . in the event of an extension , the member state shall take the necessary measures to reduce by 2030 the amount of municipal waste landfilled to 20% of the total amount of municipal waste generated . ### member states that landfill more than 65% of their municipal waste in 2013 may obtain five additional years for the attainment of the target referred to in paragraph 4a . the member state shall submit a request to the commission to make use of this provision at the latest 24 months before the deadline laid down in paragraphs 4a and 6a .


### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy . this reduction should avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive . ### a progressive reduction of landfilling is necessary to prevent detrimental impacts on human health and the environment and to ensure that economically valuable waste materials are gradually and effectively recovered through proper waste management and in line with the waste hierarchy as laid down in directive 2008 / 98 / ec . this progressive reduction of landfilling will require major change in waste management in many member states . with improved statistics on waste collection and treatment and improved traceability of waste streams it should be possible to avoid the development of excessive capacity for the treatment of residual waste facilities , such as through energy recovery or low grade mechanical biological treatment of untreated municipal waste , as this could result in undermining the achievement of the union ' s long - term preparation for reuse and recycling targets for municipal waste as laid down in article 11 of directive 2008 / 98 / ec . similarly , and to prevent detrimental impacts on human health and the environment , while member states should take all necessary measures to ensure that only waste that has been subject to treatment is landfilled , compliance with such obligation should not lead to the creation of overcapacities for the treatment of residual municipal waste . in addition , in order to ensure consistency between the targets laid down in article 11 of directive 2008 / 98 / ec and the landfill reduction target defined in article 5 of this directive and to ensure a coordinated planning of the infrastructures and investments needed to meet those targets , member states which may obtain additional time for the attainment of the municipal waste recycling targets should also be given additional time to attain the landfill reduction target for 2030 as laid down in this directive .


### the efsi should target investments that are expected to be economically and technically viable , which may entail a degree of appropriate risk , whilst still meeting the particular requirements for efsi financing . ### the efsi should target investments that are expected to be economically and technically viable and offer significant potential for creating jobs . the level of risk entailed by those investments should be appropriate to the achievement of the fund’s objectives , in particular as regards job creation , provided that the particular requirements for efsi financing are met .


### in order to enable the efsi to support investments , the union should grant a guarantee of an amount equal to eur 16 000 000 000 . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments . it is expected that when the guarantee is combined with eur 5 000 000 000 to be provided by the eib , that the efsi support should generate eur 60 800 000 000 additional investment by the eib and eif . this eur 60 800 000 000 supported by the efsi is expected to generate a total of eur 315 000 000 000 in investment in the union within the period 2015 to 2017 . guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations . ### in order to enable the efsi to support investments , the union should grant a guarantee of an amount equal to eur 16 000 000 000 . when provided on a portfolio basis , the guarantee coverage should be capped depending upon the type of instrument , such as debt , equity or guarantees , as a percentage of the volume of the portfolio of outstanding commitments . it is expected that when the guarantee is combined with eur 5 000 000 000 to be provided by the eib , that the efsi support should generate eur 60 800 000 000 additional investment by the eib and eif . this eur 60 800 000 000 supported by the efsi is expected to generate a total of eur 315 000 000 000 in investment in the union within the period 2015 to 2017 , thus demonstrating the emergency nature of the fund and the need for it to have an immediate impact in the next three years . guarantees that are attached to projects which are completed without a call on a guarantee are available for supporting new operations .


### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , and private sector entities . ### the efsi agreement shall be open to accession by member states . subject to the consent of existing contributors , the efsi agreement shall also be open to accession by other third parties , including national promotional banks or public agencies owned or controlled by member states , regional and local authorities , and private sector entities .


### 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 value added contributing to achieving union policy objectives . using the efsi to boost investment in education and social infrastructure can help to improve cohesion in europe , which has declined sharply .


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states and regional and local authorities , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 .


### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and impact of the efsi . ### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and real social and economic impact of the efsi , paying particular attention to job creation .


### the efsi agreement shall provide that the efsi shall be governed by a steering board , which shall determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 . the steering board shall elect one of its members to be chairperson . ### the efsi agreement shall provide that the efsi is to be governed by a steering board , which is to determine the strategic orientation , the strategic asset allocation and operating policies and procedures , including the investment policy of projects that efsi can support and the risk profile of the efsi , in conformity with the objectives under article 5 , subject to the prior approval of the criteria by the european parliament . in determining the investment policy of the efsi , the steering board shall take into consideration the socioeconomic indicators of european areas affected by large pockets of unemployment . the steering board shall elect one of its members to be chairperson .


### control at external borders remains one of the main safeguards of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat . ### control at external borders remains one of the main safeguards of the schengen area without controls at internal borders . it is carried out in the interest of all the member states which have abolished internal border controls . the purposes of such controls notably include helping to combat illegal immigration and trafficking in human beings , and preventing any threat to the member states ' public policy , public health , international relations and internal security , irrespectively of the origin of such threat .


### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . ### member states shall carry out checks either on a targeted or a systematic basis , depending on the results of a mandatory assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health , and the impact on the flow of traffic .


### the documents of persons enjoying the right of free movement under union law should therefore be checked systematically against relevant databases related to stolen , misappropriated , lost and invalidated travel documents in order to avoid that persons hide their real identity . ### the documents of persons enjoying the right of free movement under union law , including third - country nationals , should therefore be checked systematically , on entry into and on exit from the territory of the union , against relevant databases related to stolen , misappropriated , lost and invalidated travel documents in order to avoid that persons hide their real identity .


### each member state shall transmit its risk assessment to the agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 and report every three months to the commission and to that agency on the application of the checks carried out on a targeted basis . ### each member state shall transmit its security risk and traffic flow assessment to the agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 and report every three months to the commission and to that agency on the application of the checks carried out on a targeted or systematic basis . the agency for the management of operational cooperation at the external borders of the member states of the european union and the commission shall transmit their respective evaluations of a member state ' s initial assessment and subsequent reports to all member states , indicating whether or not they deem the member state concerned to have conducted an appropriate security risk and traffic flow analysis , and whether or not the member state concerned has appropriately decided to apply targeted or systematic checks on the basis of that analysis .


### verification that the third - country national concerned is not considered to be a threat to public policy , internal security or international relations of any of the member states , including by consulting the relevant union and national databases , in particular the schengen information system ; ### verification that the third - country national concerned is not considered to be a threat to public policy , internal security or international relations of any of the member states , including by consulting the relevant union and national databases , including , on a mandatory basis , the schengen information system ;


### the phenomenon of foreign terrorist fighters , many of whom are union citizens , demonstrates the necessity to strengthen the checks at external borders with regard to union citizens . ### although minimal systematic checks based on a simple and quick examination of the validity of the travel document is currently the rule for persons enjoying the right of free movement under eu law , the phenomenon of foreign terrorist fighters , many of whom are union citizens , and developments in organised crime demonstrate the necessity to strengthen the checks at external borders with regard to union citizens .


### control at external borders remains one of the main safeguards of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat . ### the control of external borders is the most efficient way to guarantee the sustainability of the area without controls at internal borders . it is carried out in the interest of all member states . one of the purposes of such controls is to prevent any threat to the member states ' internal security and public policy , irrespectively of the origin of such threat .


### verification that a person enjoying the right of free movement under union law is not considered to be a threat to the internal security , public policy , international relations of any of the member states or to public health , including by consulting the relevant union and national databases , in particular the schengen information system . ### verification that a person enjoying the right of free movement under union law is not considered to be a threat to the internal security , public policy , international relations of any of the member states or to public health , by consulting the schengen information system .


### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . ### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . the minimum check intended to establish identity on the basis of production or presentation of travel documents shall still apply , however .


### technological developments allow in principle to consult relevant databases without delaying the process of crossing the border , as the controls on documents and persons can be carried out in parallel . it is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest . systematic checks should be carried out at all external borders . however , if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border , member states should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk . such risk assessment should be transmitted to the agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 20048 and be the subject of regular reporting both to the commission and to the agency . _________________ 8 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union . ### technological developments allow in principle to consult relevant databases without delaying the process of crossing the border , as the controls on documents and persons can be carried out in parallel . it is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest . in addition to minimum checks carried out in order to establish the identities of persons crossing the border , targeted or systematic checks should be carried out at the external borders , depending on the results of a mandatory analysis of the security risks and the impact on the flow of traffic . such assessment should be transmitted to the agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 20048 and be the subject of regular reporting both to the commission and to the agency . _________________ 8 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union .


### the commission shall be empowered to adopt delegated acts in accordance with article 27 to authorise , by way of derogation from paragraph 1 , a maximum tolerance limit of 10 % in live weight of undersized ( ### the commission shall be empowered to adopt delegated acts in accordance with article 27 to authorise , by way of derogation from paragraph 1 , a maximum tolerance limit of 10 % in live weight of undersized colonies of red coral . the commission shall , in this regard , take into account the efforts made by member states which have responded to recommendation gfcm / 36 / 2012 / 1 and developed suitable national management plans .


### the regulation shall respect the obligations set in the united nations convention on the rights of persons with disabilities ratified by all member states and the union37 . therefore , the integration of additional features that render identity cards more accessible and user - friendly to people with disabilities , such as visually impaired persons , should be encouraged . __________________ 37 oj l 23 , 26 . 11 . 2009 ### when implementing this regulation , member states should respect the obligations set in article 25 and article 26 of the charter of fundamental rights of the european union and in the united nations convention on the rights of persons with disabilities ratified by all member states and the union37 . therefore , the integration of additional features that render identity cards more accessible and user - friendly to people with disabilities , such as visually impaired persons , should be encouraged . __________________ 37 oj l 23 , 26 . 11 . 2009


### it is necessary to specify in this regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents . in accordance with their national legislation or union law , member states may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document . the processing of such data including their collection and the purposes for which they can be used should be authorised by national or union law . all national data should be physically or logically separated from biometric data referred to in this regulation . ### it is necessary to specify in this regulation the basis for the collection and storage of data on the storage medium of identity cards and residence documents . in accordance with their national legislation or union law , member states may store other data on a storage medium for electronic services or other purposes relating to the identity card or residence document . this storage medium could contain information for emergency services , such as the blood group , known allergies , a contact person and could indicate the willingness or otherwise of the person to be an organ donor . the processing of such data including their collection and the purposes for which they can be used should be authorised by national or union law . all national data should be physically separated from biometric data referred to in this regulation .


### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines . ### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings and particularly on its impact on fundamental rights , on the efficiency and improvement of the mobility of the union citizens and of the level of security to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines .


### without prejudice to the application of regulation 2016 / 679 , persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification or erasure . ### regulation 2016 / 679 shall apply to the processing of personal data under this regulation . persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification of inaccurate data or erasure and to receive a new document . the rights to access , rectification , completion , erasure and restriction of the processing , of the persons whose data are contained in the documents shall be exercised in accordance with chapter iii of regulation no . 2016 / 679 before the national authority responsible for issuing the documents . those rights shall be exercised in respect of the national authority responsible for issuing these documents .


### identity cards as well as residence cards of a family member of a union citizen with insufficient security standards should be phased out taking into account both the security risk and the costs incurred by member states . in general , a period of five years should be sufficient to strike a balance between the frequency with which documents are usually replaced and the need to fill the existing security gap within the european union . however , for cards which do not have important features , in particular machine readability , a shorter period of two years is necessary on security grounds . ### identity cards as well as residence cards of a family member of a union citizen with insufficient security standards should be phased out taking into account both the security risk and the costs incurred by member states . in general , a period of five years should be sufficient to strike a balance between the frequency with which documents are usually replaced and the need to fill the existing security gap within the european union . however , on security grounds , for cards which do not have important features , in particular machine readability or fingerprints and facial image , a shorter period of two years is necessary .


### this regulation strengthens the security standards applicable to identity cards issued by member states to their nationals and to residence documents issued by member states to union citizens and their family members when exercising their right to free movement . ### this regulation strengthens the security standards applicable to identity cards issued by member states to their nationals and to residence documents issued by member states to union citizens and their family members in order to facilitate the exercise of their right to freedom of movement within the union .


### identity cards issued by member states shall be produced in id - 1 format and shall comply with the minimum security standards set out in icao document 9303 . ### where member states issue identity cards having a validity period of more than 3 months , these shall be produced in id - 1 format and shall comply with the relevant minimum standards set out in icao document 9303 , as set out in annex i to this regulation .


### four years after its date of application , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this regulation . ### two years after its date of application , the commission shall report to the european parliament , the council and the european economic and social committee on the implementation of this regulation .


### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines . ### no sooner than six years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and present a report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall be conducted according to the commission ' s better regulation guidelines , which shall include a chapter examining the impact on fundamental rights .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union including the respect for private and family life , the right to the protection of personal data , the right to free movement and the right to an effective remedy . ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union including the respect for human dignity , the right to the integrity of the person , the prohibition of inhuman or degrading treatment , the right to equality before the law , non - discrimination , the rights of the child and the elderly , gender equality , private and family life , the right to the protection of personal data , the right to free movement and the right to an effective remedy .


### the title of the document in the official language or languages of the member state concerned and at least one other official language of the institutions of the union ; ### the title of the document , ' eu mobile citizen ' , also translated in the official language or languages of the member state concerned ;


### the procedure for taking fingerprints and a facial image should take into account the specific needs of children and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image should pursue a strictly limited objective , take into account the specific needs of children and vulnerable persons , be implemented by qualified staff , under the regular supervision of the commission as well as of a supervisory authority and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child .


### by 12 months after the entry into force at the latest , the commission shall establish a detailed programme for monitoring the outputs , results and impacts of this regulation . ### by 12 months after the entry into force at the latest , the commission shall establish a detailed programme for monitoring the outputs , results and impacts of this regulation , including its impact on fundamental rights .


### the commission should report on the implementation of this regulation after three years after its date of application , including on the appropriateness of the level of security . in accordance with paragraphs 22 and 23 of the interinstitutional agreement on better law - making41 the commission should carry out an evaluation of this regulation on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the regulation and the need for any further action . __________________ 41 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### the commission should report on the implementation of this regulation for the first time after two years from its date of application and thereafter , every five years , including on the appropriateness of the level of security and on whether the implementation is compliant with the data collection purposes . in accordance with paragraphs 22 and 23 of the interinstitutional agreement on better law - making41 the commission should carry out an evaluation of this regulation six years from its date of application on the basis of information collected through specific monitoring arrangements in order to assess the actual effects of the regulation and the need for any further action . these evaluations should particularly focus on the impact of this regulation on fundamental rights , on the efficiency and improvement of the mobility of the union citizens and on levels of security . __________________ 41 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### economic operators shall cooperate with the office in the course of its investigations . the office may request oral information , including through interviews , and written information from economic operators . ### economic operators shall be obliged to cooperate with the office in the course of its investigations . the office may request oral information , including through interviews , and written information from economic operators , duly documented and processed in accordance with confidentiality standards and data protection legislation .


### if an investigation cannot be closed within 12 months after it has been opened , the director - general shall , at the expiry of that 12 - month period and every six months thereafter , report to the supervisory committee , indicating the reasons and , where appropriate , the remedial measures envisaged with a view to speeding up the investigation . ### if an investigation cannot be closed within nine months after it has been opened , the director - general shall , at the expiry of that nine - month period and every six months thereafter , report to the supervisory committee , indicating in detail the reasons for the delay and the remedial measures taken with a view to speeding up the investigation .


### in duly justified cases where the eppo is conducting an investigation , where the director - general considers that an investigation should be opened in accordance with the mandate of the office with a view to facilitating the adoption of precautionary measures or of financial , disciplinary or administrative action , the office shall inform the eppo in writing , specifying the nature and purpose of the investigation . ### in duly justified cases where the eppo is conducting an investigation , where the director - general considers that an investigation should be opened in accordance with the mandate of the office with a view to facilitating the adoption of precautionary measures or of financial , disciplinary or administrative action , the office shall inform the eppo in writing , specifying the nature and purpose of the investigation , and seeking the eppo’s written consent to the opening of a complementary investigation .


### the director - general shall report regularly to the european parliament , the council , the commission and the court of auditors on the findings of investigations carried out by the office , the action taken and the problems encountered , whilst respecting the confidentiality of the investigations , the legitimate rights of the persons concerned and of informants , and , where appropriate , national law applicable to judicial proceedings . ### paragraph 4 is replaced by the following : ' 4 . the director - general shall report regularly to the european parliament , the council , the commission , the eppo and the court of auditors on the findings of investigations carried out by the office , the action taken and the problems encountered , whilst respecting the confidentiality of the investigations and data protection principles , the legitimate rights of the persons concerned and of informants , and , where appropriate , national law applicable to judicial proceedings . ' '


### at the request of the office , the competent authority of the member state concerned shall provide the staff of the office with the assistance needed in order to carry out their tasks effectively , as specified in the written authorisation referred to in article 7 . ### at the request of the office , the competent authority of the member state concerned shall , without undue delay , provide the staff of the office with the assistance needed in order to carry out their tasks effectively , as specified in the written authorisation referred to in article 7 .


### the report may be accompanied by recommendations of the director - general on action to be taken . those recommendations shall , where appropriate , indicate any disciplinary , administrative , financial and / or judicial action by the institutions , bodies , offices and agencies and by the competent authorities of the member states concerned , and shall specify in particular the estimated amounts to be recovered , as well as the preliminary classification in law of the facts established . ### the report shall be accompanied by recommendations of the director - general on action to be taken . those recommendations shall , where appropriate , indicate any disciplinary , administrative , financial and / or judicial action by the institutions , bodies , offices and agencies and by the competent authorities of the member states concerned , and shall specify in particular the estimated amounts to be recovered , as well as the preliminary classification in law of the facts established .


### in the event that the eppo does not object within the time period of the previous subparagraph , the office may open an investigation , and it shall conduct it in close consultation with the eppo . ### in the event that the eppo gives its consent , the office may open an investigation , and it shall conduct it in close consultation with the eppo .


### in accordance with article 3 , the office may carry out on - the - spot checks and inspections at the premises of economic operators in order to obtain access to information relevant to the matter under internal investigation . ; ### in accordance with article 3 , the office may carry out , without prior notice , on - the - spot checks and inspections at the premises of economic operators in order to obtain access to information relevant to the matter under internal investigation . ;


### at least 30% of the total eafrd contribution to the cap strategic plan as set out in annex ix shall be reserved for interventions addressing the specific environmental - and climate - related objectives set out in points , and of article 6 of this regulation , excluding interventions based on article 66 . ### at least 40% of the total eagf and eafrd contributions to the cap strategic plan as set out in annex ix shall be reserved for interventions addressing the specific environmental - and climate - related objectives set out in points , and of article 6 of this regulation , excluding interventions based on article 66 .


### in order to foster a smart and resilient agricultural sector , direct payments keep on constituting an essential part to guarantee a fair income support to farmers . likewise , investments into farm restructuring , modernisation , innovation , diversification and uptake of new technologies are necessary to improve farmers’ market reward . ### in order to foster a smart and resilient agricultural sector , direct payments keep on constituting an essential part to guarantee a fair income support to farmers , with strong emphasis on targeted payments for the environment , climate and animal welfare as well as for boosting competitiveness . likewise , investments into farm restructuring , modernisation , innovation , diversification and uptake of new technologies are necessary to improve farmers’ market reward .


### member states shall only grant payments to farmers and other beneficiaries who undertake , on a voluntary basis , management commitments which are considered to be beneficial to achieving the specific objectives set out in article 6 . ### member states shall only grant payments to farmers , or groups of farmers and other land managers , and other beneficiaries who undertake , on a voluntary basis , management commitments which are considered to be beneficial to achieving the specific objectives set out in article 6 .


### the body of the member state responsible for drawing up the cap strategic plan shall ensure that the competent authorities for the environment and climate are effectively involved in the preparation of the environmental and climate aspects of the plan . ### the body of the member state responsible for drawing up the cap strategic plan shall ensure that the competent authorities for the environment and climate are effectively and inclusively involved in the preparation of the environmental and climate aspects of the plan .


### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard . ### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . support should be conditional on the respect of strict sustainability criteria , including on animal welfare , and animal health . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard .


### purchase of animals , annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events ; ### purchase of animals , annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events or replacement of livestock lost due to attacks by large carnivores ;


### support from the eagf and eafrd shall aim to further improve the sustainable development of farming , food and rural areas and shall contribute to achieving the following general objectives : ### support from the eagf and eafrd shall aim to further improve the sustainable development of farming , food and rural areas , shall avoid undermining the union’s environmental and climate objectives and shall contribute to achieving the following general objectives :


### ' targets ' means pre - agreed values to be achieved at the end of the period in relation to the result indicators included under a specific objective ; ### ' targets ' means pre - agreed values to be achieved at the end of the period in relation to the result and impact indicators included under a specific objective ;


### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 . ### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental , climate and animal welfare - related objectives set out in points , , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 .


### the commission shall assess the proposed cap strategic plans on the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their effective contribution to the specific objectives set out in article 6 , the impact on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration . the assessment shall address , in particular , the adequacy of the strategy of the cap strategic plan , the corresponding specific objectives , targets , interventions and the allocation of budgetary resources to meet the specific cap strategic plan objectives through the proposed set of interventions on the basis of the swot analysis and the ex - ante evaluation . ### the commission shall assess the proposed cap strategic plans on clear and objective criteria , including the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their potential achievement of and effective contribution to the specific objectives set out in article 6 , coherence and compliance with legislation set out in annex xi , the impact on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration . the assessment shall address , in particular , the adequacy of the strategy of the cap strategic plan , the corresponding specific objectives , targets , interventions and the allocation of budgetary resources to meet the specific cap strategic plan objectives through the proposed set of interventions on the basis of the swot analysis and the ex - ante evaluation .


### member states shall organise each year an annual review meeting with the commission , to be chaired jointly or by the commission , which will take place not earlier than two months after the submission of the annual performance report . ### member states shall organise each year an annual review meeting with the commission , to be chaired by the commission , which will take place not earlier than two months after the submission of the annual performance report .


### economic and social partners ; ### environmental , economic and social partners , including scientists ;


### the contribution to the expenditure target shall be estimated through the application of specific weightings differentiated on the basis whether the support makes a significant or a moderate contribution towards climate change objectives . these weighting shall be as follows : ### the contribution to the expenditure target shall be estimated through the application of specific weightings differentiated on the basis whether the support makes a significant or a moderate contribution towards climate change objectives and be complemented by the union climate marker system . these weighting shall be as follows :


### member states shall explain in their cap strategic plans , on the basis of available information , how they intend to achieve the greater overall contribution set out to in paragraph 1 . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in point of article 95 . ### member states shall explain in their cap strategic plans , on the basis of the most recent and reliable information , how they intend to achieve the greater overall contribution set out to in paragraph 1 . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in point of article 95 .


### those practices shall be designed to meet one or more of the specific environmental - and climate - related objectives laid down in points , and of article 6 . ### those practices shall be designed to meet one or more of the specific environmental - , climate - related and animal welfare - related objectives laid down in points , , and of article 6 .


### based on the swot analysis referred to in article 103 and an assessment of needs referred to in article 96 , member state shall establish in the cap strategic plans an intervention strategy as referred to in article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in article 6 . the targets shall be defined using a common set of result indicators set out in annex i . ### based on the swot analysis referred to in article 103 and an assessment of needs referred to in article 96 , member state shall establish in the cap strategic plans an intervention strategy as referred to in article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in article 6 . the targets shall be defined using a common set of result and impact indicators set out in annex i .


### promote employment , growth , social inclusion and local development in rural areas , including bio - economy and sustainable forestry ; ### promote employment , growth , social inclusion and local development in rural areas , including agro forestry , bio - economy , the circular economy and sustainable forestry ;


### member states shall ensure that all agricultural areas including land which is no longer used for production purposes , is maintained in good agricultural and environmental condition . member states shall define , at national or regional level , minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in annex iii , taking into account the specific characteristics of the areas concerned , including soil and climatic condition , existing farming systems , land use , crop rotation , farming practices , and farm structures . ### member states shall ensure that all agricultural areas including land which is no longer used for production purposes , is maintained in good agricultural and environmental condition . member states shall define , at national or regional level , minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in annex iii and coherent with and complementary to the legislation as set out in annex xi , taking into account the specific characteristics of the areas concerned , including water , biodiversity , soil and climatic condition , existing farming systems , land use , crop rotation , farming practices , and farm structures .


### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 . ### member states shall make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 .


### research and development of sustainable production methods , including pest resilience , innovative practices and production techniques boosting economic competitiveness and bolstering market developments ; those objectives relate to the specific objectives set out in points , and of article 6 ; ### research and development of sustainable production methods , including integrated pest management , agroforestry , innovative practices and production techniques boosting economic competitiveness and bolstering market developments ; those objectives relate to the specific objectives set out in points , and of article 6 ;


### this decision should not create obligations as regards agreements between undertakings . however , member states should be free to communicate to the commission , on a voluntary basis , such agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments . ### this decision should not create obligations as regards agreements between undertakings . however , member states should be free to communicate to the commission , on a voluntary basis and upon consent of the undertakings involved , such agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments , while fully respecting commercially sensitive information .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations the commission should have the possibility to advise on how to avoid incompatibility with union law . in particular , the commission should develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### upon adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall notify the non - binding instrument or the amendment , including any annexes thereto , to the commission . ### before adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall promptly notify the non - binding instrument or the amendment , including any annexes thereto , to the commission .


### in order to avoid any incompliance with union law and enhance transparency , member states should inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission should be kept informed regularly of the progress of the negotiations . member states should have the possibility to invite the commission to participate in the negotiations as an observer . ### in order to avoid any incompliance with union law and enhance transparency , member states should inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission should be kept informed regularly of the progress of the negotiations . the commission should participate in the negotiations as an observer if it considers this to be necessary in light of the functioning of the internal energy market or the security of energy supply in the union , it should participate in the negotiations as an observer . member states should , in any case , have the possibility to invite the commission to participate in the negotiations as an observer .


### in order to ensure compliance with union law , member states should notify the draft intergovernmental agreement to the commission before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying compliance issues of the draft intergovernmental agreement or amendment . the respective member state would then be better prepared to conclude a union law compliant agreement . the commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays . in order to fully benefit from the commission ' s support member states should refrain from concluding an intergovernmental agreement until the commission has informed the member state of its assessment . the member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### in order to ensure compliance with union law , member states should notify the draft intergovernmental agreement to the commission as early as possible before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying compliance issues of the draft intergovernmental agreement or amendment . the respective member state would then be better prepared to conclude a union law compliant agreement . the commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays . in order to fully benefit from the commission ' s support member states should refrain from concluding an intergovernmental agreement until the commission has informed the member state of its assessment . such an assessment should not prejudice the substance or content of intergovernmental agreements , but should ensure that they comply with union law . in the event of incompatibility , member states should find a suitable solution to eliminate the incompatibility identified .


### the improved mutual knowledge of existing and new intergovernmental agreements and non - binding instruments should allow for better coordination in energy matters between member states and between member states and the commission . such improved coordination should enable member states to benefit fully from the political and economic weight of the union and enable the commission to propose solutions for problems identified in the area of intergovernmental agreements . ### the improved mutual knowledge of existing and new intergovernmental agreements and non - binding instruments should enhance transparency and coordination in energy matters between member states and between member states and the commission . enhanced transparency and coordination is especially important for member states relying on the interconnections with a member state negotiating an intergovernmental agreement . such improved coordination should enable member states to benefit fully from the political and economic weight of the union , increase their negotiation power vis - à - vis third countries and enable the commission to ensure security of energy supply in the union .


### at the request of the member state concerned , or at the request of the commission and with the written approval of the member state concerned , the commission may participate in the negotiations as an observer . ### if deemed necessary by the commission in view of the functioning of the internal energy market or the security of energy supply in the union , it shall participate in the negotiations as an observer . a member state concerned may also voluntarily request the assistance of the commission in the negotiations .


### by [ 3 months following the entry into force of this decision ] at the latest member states shall notify to the commission all existing intergovernmental agreements , including annexes and amendments thereto . ### by [ 3 months following the entry into force of this decision ] at the latest member states shall notify to the commission all existing intergovernmental agreements , including annexes and amendments thereto . where there are indications that it may be necessary to enter into negotiations with a third country in the future , member states shall inform the commission thereof .


### the commission should assess the compatibility with union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . in the event of incompatibility , member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### the commission should assess the compatibility of intergovernmental agreements with union law that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . such an assessment should not in any way prejudice the substance and content of agreements , but ensure they are compliant with union law . in the event of incompatibility , member states should find a suitable solution to eliminate the incompatibility identified .


### the commission should facilitate and encourage coordination between member states with a view to enhancing the overall strategic role of the union through a strong and effective coordinated approach to producer , transit , and consumer countries . ### the commission should facilitate and encourage coordination between member states with a view to enhancing the overall strategic role of the union in the field of energy through a strong and effective coordinated approach to producer , transit , and consumer countries .


### ' intergovernmental agreement ' means any legally binding agreement between one or more member states and one or more third countries having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the union ; however , where such a legally binding agreement also covers other issues , only those provisions that relate to energy , including general provisions applicable to those energy - related provisions , are deemed to constitute an ' intergovernmental agreement ' ; ### ' intergovernmental agreement ' means any legally binding agreement between one or more member states and one or more third countries having a potential impact on the operation or the functioning of the internal energy market or on the security of energy supply in the union ; however , where such a legally binding agreement also covers other issues , only those provisions that relate to energy , including general provisions applicable to those energy - related provisions , are deemed to constitute an ' intergovernmental agreement ' ;


### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with union law . that member state may also request the assistance of the commission in those negotiations . ### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services shall provide it with advice on how to ensure that the intergovernmental agreement or the amendment to an existing intergovernmental agreement under negotiation , or other text to which it explicitly refers , comply with union law and the union ' s energy security objectives .


### this decision should only apply to intergovernmental agreements that have an impact on the internal energy market or the security of energy supply in the union . in case of doubt , member states should consult the commission . in principle , agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the union and should therefore not be covered by this decision . ### this decision should only apply to intergovernmental agreements that have a potential impact on the internal energy market or the security of energy supply in the union . in case of doubt , member states should consult the commission as soon as possible . in principle , agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the union and should therefore not be covered by this decision .


### the commission should assess the compatibility with union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . in the event of incompatibility , member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### the commission should assess the compatibility with union law of intergovernmental agreements that entered into force or are applied provisionally prior to the entry into force of this decision and inform the member states accordingly . in the event of incompatibility , member states should find a suitable solution to eliminate the incompatibility identified .


### the executing authority may decide not to recognise and not to execute the freezing order only if : ### the executing authority must decide not to recognise and not to execute the freezing order if :


### a freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts giving rise to the freezing or confiscation order constitute one or more of the following offences , as defined by the law of the issuing state , and are punishable in the issuing state by a custodial sentence of a maximum of at least three years : : - participation in a criminal organisation , - terrorism , - trafficking in human beings , - sexual exploitation of children and child pornography , - illicit trafficking in narcotic drugs and psychotropic substances , - illicit trafficking in weapons , munitions and explosives , - corruption , - fraud and fraud - related criminal offences as defined in directive 2017 / xxx / eu on the fight against fraud to the union ' s financial interests by means of criminal law , - fraud , including that affecting the financial interests of the european communities within the meaning of the convention of 26 july 1995 on the protection of the european communities’ financial interests , - laundering of the proceeds of crime , - counterfeiting currency , including the euro , - computer - related crime , - environmental crime , including illicit trafficking in endangered animal species and in endangered plant species and varieties , - facilitation of unauthorised entry and residence , - murder , grievous bodily injury , - illicit trade in human organs and tissue , - kidnapping , illegal restraint and hostage - taking , - racism and xenophobia , - organised or armed robbery , - illicit trafficking in cultural goods , including antiques and works of art , - swindling , - racketeering and extortion , - counterfeiting and piracy of products , - forgery of administrative documents and trafficking thereof , - fraud and counterfeiting of non - cash means of payment , - illicit trafficking in hormonal substances and other growth promoters , - illicit trafficking in nuclear or radioactive materials , - trafficking in stolen vehicles , - rape , - arson , - crimes within the jurisdiction of the international criminal court , - unlawful seizure of aircraft or ships , - sabotage . ### a freezing order or confiscation order shall give rise to execution without verification of the double criminality of the acts if the acts giving rise to the freezing or confiscation order constitute one or more of the following offences , as referred to in article 2 of framework decision 2002 / 584 / jha on the european arrest warrant and the surrender procedures between member states1a . ________ 1a council framework decision 2002 / 584 / jha of 13 june 2002 on the european arrest warrant and the surrender procedures between member state .


### the notification shall contain information , at least briefly , on the reasons of the freezing order , on the authority who issued the order and on the existing legal remedies under the national law of the executing state . ### the notification shall contain information on the reasons of the freezing order , on the authority who issued the order and on the existing legal remedies under the national law of the executing state .


### a confiscation order should be transmitted together with a standard certificate . ### a confiscation or freezing order should be transmitted together with a standard certificate .


### this regulation does not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in article 6 of the teu . ### this regulation does not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in article 6 of the teu and in the charter of fundamental rights of the european union .


### the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing state . ### without prejudice to the fundamental guarantees and rights in force in the executing member state , the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing state ,


### as soon as the execution of the order has been completed the executing authority shall inform the issuing authority by any means capable of producing a written record . ### as soon as the execution of the order has been completed the executing authority shall immediately and at the latest within 12 hours notify the issuing authority by any means capable of producing a written record .


### the executing authority shall take the decision on the recognition and execution of the freezing order , or on consulting the issuing authority in accordance with article 18 , as soon as possible and , without prejudice to paragraph 7 of this article , no later than 24 hours after the executing authority has received the freezing order . ### the executing authority shall take the decision on the recognition and execution of the freezing order , or on consulting the issuing authority in accordance with article 18 , as soon as possible and , without prejudice to paragraph 7 of this article , no later than 48 hours after the executing authority has received the freezing order .


### the issuing authority shall immediately inform the executing authority by any means capable of producing a written record : ### the issuing authority shall immediately and at the latest within 24 hours inform the executing authority by any means capable of producing a written record :


### the executing authority shall communicate the decision on a freezing order to the issuing authority without delay by any means capable of producing a written record . ### the executing authority shall communicate the decision on a freezing order to the issuing authority immediately by any means capable of producing a written record .


### in the execution of a freezing order , the issuing authority and the executing authority should take due account of the confidentiality of the investigation . in particular , the executing authority should guarantee the confidentiality of the facts and the substance of the freezing order . ### without prejudice to the right to information of any person concerned , in the execution of a freezing order , the issuing authority and the executing authority should take due account of the confidentiality of the investigation . in particular , the executing authority should guarantee the confidentiality of the facts and the substance of the freezing order .


### for the purpose of safeguarding ongoing investigations , the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time . ### for the purpose of safeguarding ongoing investigations , the issuing authority may request the executing authority to keep the execution of the freezing order confidential for a limited period of time , which may not extend beyond the execution date set for the freezing order .


### the manufacture , storage and transport of medicated feed and intermediate products ; ### the manufacture , storage and transport of medicated feed and intermediate products for food - producing and non - food producing animals ;


### the supply of medicated feed to animal holders shall be subject to the presentation and , in case of manufacturing by on - farm mixers , the possession of a veterinary prescription and to the conditions laid down in paragraphs 2 to 6 . ### the supply of medicated feed to animal holders shall be subject to the presentation and , in case of manufacturing by on - farm mixers , the possession of a veterinary prescription issued by a veterinarian and to the conditions laid down in paragraphs 2 to 6 .


### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the person issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance . ### the prescription shall contain the information set out in annex v . the original prescription shall be kept by the manufacturer or , where appropriate , the distributor . the veterinarian or another professional person qualified to do so in accordance with applicable national law issuing the prescription and the animal holder shall keep a copy of the prescription . the original and copies shall be kept for three years from the date of issuance .


### medicated feed should be marketed in sealed containers for safety reasons and to protect user’s interest . ### medicated feed should be marketed in specially labelled sealed containers for safety reasons and to protect the user’s interest .


### feed business operators feeding food - producing animals with medicated feed shall keep records in accordance with article 69 of directive 2001 / 82 / ec . those records shall be kept for five years after the date of administration of medicated feed , including when the animal is slaughtered during the five - year period . ### feed business operators feeding food - producing animals with medicated feed shall keep records in accordance with article 69 of directive 2001 / 82 / ec . those records shall be kept for five years after the date of administration of medicated feed , including when the animal is slaughtered during the five - year period . member states shall ensure that the data in those records is collected and transferred to the union database on veterinary medicinal products as provided in articles51 and 54 of regulation 2015 / …


### the term of office of three of the seven additional judges to be appointed as from 1 september 2016 shall end on 31 august 2019 . those three judges shall be chosen by lot . the term of office of the other four judges shall end on 31 august 2022 ; ### the term of office of three of the seven additional judges to be appointed as from 1 september 2016 shall end on 31 august 2019 . those three judges shall be chosen in such a way that the governments of three member states nominate two judges for the partial replacement of the general court in 2019 . the term of office of the other four judges shall end on 31 august 2022 ;


### the term of office of four of the nine additional judges to be appointed as from 1 september 2019 shall end on 31 august 2022 . those four judges shall be chosen by lot . the term of office of the other five judges shall end on 31 august 2025 . ### the term of office of four of the nine additional judges to be appointed as from 1 september 2019 shall end on 31 august 2022 . those four judges shall be chosen in such a way that the governments of four member states nominate two judges for the partial replacement of the general court in 2022 . the term of office of the other five judges shall end on 31 august 2025 .


### in september 2016 , first instance jurisdiction in union civil service cases , and the seven posts of the judges sitting at the european union civil service tribunal , should be transferred to the general court , on the basis of a future legislative request by the court of justice . ### as the court of justice has already announced , a second legislative proposal will be presented to determine all the modalities of the transfer of the european union civil service tribunal , including its seven posts of judge and its staff and resources .


### in september 2016 , first instance jurisdiction in union civil service cases , and the seven posts of the judges sitting at the european union civil service tribunal , should be transferred to the general court , on the basis of a future legislative request by the court of justice . ### as the court of justice has already announced , a second legislative proposal is to be submitted for the purpose of laying down all necessary arrangements for the abolition of the civil service tribunal and the transfer of its staff and resources .


### a list of behaviour which should be considered as infringing union customs legislation and give rise to sanctions should be established . those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the code . this directive does not determine whether member states should apply administrative or criminal law sanctions in respect of those customs infringements . ### a list of behaviour which should be considered as infringing union customs legislation and give rise to sanctions should be established . those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the code . this directive provides that member states should apply administrative sanctions in respect of those customs infringements . however , it should also be possible for member states to apply criminal sanctions where a customs infringement is committed intentionally and where the financial consequences of the infringement exceed eur 10 000 in duties evaded . this clarification is needed in order to ensure that criminal sanctions can only be used to combat unlawful trade .


### member states shall ensure that the limitation period for proceedings concerning a customs infringement referred to in articles 3 to 6 is four years and starts to run on the day on which the customs infringement was committed . ### member states shall ensure that the limitation period for initiating proceedings concerning a customs infringement referred to in articles 3 to 6 is three years and that it starts to run on the day on which the customs infringement was committed .


### the acts or omissions referred to in articles 3 to 6 do not constitute customs infringements where they occur as a result of an error on the part of the customs authorities . ### the acts or omissions referred to in articles 3 to 6 do not constitute customs infringements where they occur as a result of an error on the part of the customs authorities , in accordance with article 119 of the code .


### member states shall ensure that the limitation period is interrupted by any act of the competent authority , notified to the person in question , relating to an investigation or legal proceedings concerning the same customs infringement . the limitation period shall start to run on the day of the interrupting act . ### member states shall ensure that the limitation period is interrupted by any act on the part of the person responsible for the infringement relating to an investigation or legal proceedings concerning the same customs infringement . the limitation period shall start to run again on the day on which the interrupting act comes to an end .


### member states shall ensure that when determining the type and the level of sanctions for the customs infringements referred to in articles 3 to 6 , the competent authorities shall take into account all relevant circumstances , including , where appropriate : ### member states shall ensure that , when determining the type and the level of sanctions for the customs infringements referred to in articles 3 to 6 , the competent authorities take into account the mitigating and aggravating circumstances as follows , resulting in the sanction being decreased or increased within the limits set in articles 9 and 11 . aggravating circumstances : the basic amount of the sanction may be increased where the competent authorities find that there are aggravating circumstances , as follows :


### member states shall ensure that effective , proportionate and dissuasive sanctions are imposed for the customs infringements referred to in article 3 within the following limits : ### member states shall ensure that effective , proportionate , dissuasive and non - criminal sanctions are imposed for the customs infringements referred to in article 3 , within the following limits :


### the seriousness and the duration of the infringement ; ### the duration of the infringement ;


### that disparity of member states ' legal systems affects not only the optimal management of the customs union , but also prevents that a level playing field is achieved for economic operators in the customs union because it has an impact on their access to customs simplifications and facilitations . ### that disparity of member states ' legal systems not only affects the optimal management of the customs union and the transparency necessary to ensure the proper functioning of the internal market as regards ways in which infringements are handled by the different customs authorities , but also prevents the achievement of a level playing field for economic operators in the customs union because it has an impact on their access to customs simplifications and facilitations .


### member states shall ensure that the following acts or omissions constitute customs infringements irrespective of any element of fault : ### member states shall ensure that the following acts or omissions constitute minor customs infringements :


### the limitation period for proceedings concerning a customs infringement should be fixed at four years from the day on which the customs infringement was committed or , in case of continuous or repeated infringements , where the behaviour constituting that infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . member states may lay down cases where that period is suspended . the initiation or continuation of these proceedings should be precluded after an expiry period of eight years , while the limitation period for the enforcement of a sanction should be of three years . ### the limitation period for proceedings concerning a customs infringement should be fixed at three years from the day on which the customs infringement was committed or , in the case of continuous or repeated infringements , the day on which the behaviour constituting the infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . it should be possible for member states to specify cases in which that period is to be suspended . the initiation or continuation of such proceedings should be precluded after the expiry of a period of eight years , while the limitation period for the enforcement of a sanction should be three years .


### having regard to the treaty on the functioning of the european union , and in particular article 33 thereof , ### having regard to the treaty on the functioning of the european union , and in particular articles 33 and 114 thereof ,


### sanctions for customs infringements referred to in article 3 ### non - criminal sanctions for customs infringements referred to in article 3


### member states shall ensure that when determining the type and the level of sanctions for the customs infringements referred to in articles 3 to 6 , the competent authorities shall take into account all relevant circumstances , including , where appropriate : ### member states shall ensure that , when determining whether an infringement is serious as well as the level of sanctions to be imposed for the customs infringements referred to in article 3 , the competent authorities take into account any of the following circumstances that may apply :


### member states shall ensure that effective , proportionate and dissuasive sanctions are imposed for the customs infringements referred to in articles 5 and 6 within the following limits : ### member states shall ensure that effective , proportionate , dissuasive and non - criminal sanctions are imposed for the customs infringements referred to in articles 5 and 6 , within the following limits :


### sanctions for customs infringements referred to in article 5 and 6 ### non - criminal sanctions for customs infringements referred to in articles 5 and 6


### strict liability customs infringements ### customs infringements


### in order to approximate the national sanctioning systems of the member states , scales of sanctions should be established reflecting the different categories of the customs infringements and their seriousness . for the purpose of imposing effective , proportionate and dissuasive sanctions , member states should also ensure that their competent authorities take into account specific aggravating or mitigating circumstances when determining the type and level of sanctions to be applied . ### in order to approximate the national sanctioning systems of the member states , scales of sanctions should be established reflecting their seriousness . for the purpose of imposing effective , proportionate and dissuasive sanctions , member states should also ensure that their competent authorities take into account specific aggravating or mitigating circumstances when determining the type and level of sanctions to be applied .


### a list of behaviour which should be considered as infringing union customs legislation and give rise to sanctions should be established . those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the code . this directive does not determine whether member states should apply administrative or criminal law sanctions in respect of those customs infringements . ### a list of behaviour which should be considered as infringing union customs legislation and give rise to sanctions should be established . those customs infringements should be fully based on the obligations stemming from the customs legislation with direct references to the code . this directive provides that member states should apply administrative sanctions in respect of those customs infringements . however , it should also be possible for member states to apply criminal sanctions where a customs infringement is committed intentionally and where the financial consequences of the infringement exceed eur 10 000 in duties evaded . this clarification is needed in order to ensure that criminal sanctions can only be used to combat unlawful trade .


### in order to ensure legal certainty , it should be provided that any act or omission resulting from an error on the part of the customs authorities should not be considered a customs infringement . ### in order to ensure legal certainty , it should be provided that any act or omission resulting from an error on the part of the customs authorities as referred to in the code should not be considered to constitute a customs infringement ;