### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . ### establish the control sample for the checks referred to in point to be carried out each year on the basis of a risk analysis and shall include a random component and shall provide the control sample to cover at least 1% of beneficiaries receiving the aid provided for in section 2 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] . by way of derogation from the previous point , member states may decide to reduce the minimum control rate of 0 , 5 % at the level of each act or standard or group of acts or standards , if the rate of non - compliances found in the random sample checked on the spot shall not exceed 2 % in the preceding two claim years .


### member states may retain 20 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 . ### member states may retain 25 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 .


### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence , reoccurrence or intentionality of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate , and compliant with the criteria set out in paragraphs 2 and 3 of this article . ### for the calculation of those reductions and exclusions , account shall be taken of the severity , extent , permanence or reoccurrence of the non - compliance determined . the penalties imposed shall be dissuasive and proportionate , and compliant with the criteria set out in paragraphs 2 and 3 of this article .


### shall provide that no administrative penalty be imposed where the non - compliance is due to force majeure . ### shall provide that no administrative penalty be imposed in the following cases :


### prior to 1 december but not before 16 october , pay advances of up to 50 % for direct payments interventions ; ### prior to 1 december but not before 16 october , pay advances of up to 75 % for direct payments interventions ;


### member states may retain 20 % of the amounts resulting from the application of the reductions and exclusions referred to in article 86 . ### member states may retain 25 % of the amounts resulting from the application of the reductions and exclusions in respect of conditionality as referred to in section 2 of chapter i of title iii of the cap strategic plan regulation . member states may retain 100 % of abovementioned amounts under the condition of reallocation as a priority to interventions addressing climate and environmental objective as laid down in article 28 and 65 and thereafter to interventions addressing boosting competitiveness as laid down article 28a of the cap strategic plans regulation .


### member states shall set up and operate an area monitoring system . ### member states shall set up and operate an area monitoring system . on duly justified grounds , the commission may grant a transitional period regarding area monitoring system for member states that have not used a remote sensing system during the recent years .


### the expenditure referred to in article 5 and article 6 may be financed by the union only if : ### the expenditure referred to in article 5 and article 6 may be financed by the union only if it has been effected by accredited paying agencies and :


### the sums referred to in paragraph 1 shall be paid to the union ' s budget and , in the event of reuse , shall be used exclusively to finance eagf or eafrd expenditure . ### the sums referred to in paragraph 1 shall be paid into the budget of the union and shall be used exclusively to finance eagf or eafrd expenditure respectively and shall predominantly cover the agricultural reserve established under the eagf within the limits laid down in article 14 .


### ' claimless system ' means an application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . ### ' claimless system ' means a prefilled or some other kind of application system for area - or animal - based interventions in which necessary data required by the administration on at least individual areas or animals claimed for aid is available in official computerised databases managed by the member state . claimless system enables the administration to make the payments to the farmers concerning all interventions and measures the farmer is eligible for based on the details in the official computerised databases , supplemented with additional information from the farmer , where necessary .


### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434 ; _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec . ### ' system for the identification and registration of animals ' means the system for the identification and registration of bovine animals laid down by regulation no 1760 / 2000 of the european parliament and of the council33 or the system for the identification and registration of ovine and caprine animals laid down by council regulation no 21 / 200434or the system for the identification and registration of pigs laid down by council directive 2008 / 71 / ec and other databases for animals in use . _________________ 33 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 34 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the amount of the agricultural reserve is gradually established over the period 2021 - 2027 via an annual financial allocation of at least eur 400 million at the beginning of each year of the period to reach a maximum of eur 1 700 000 000 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf .


### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] . ### the annual ceiling for eagf expenditure shall be constituted by the maximum amounts set for it under regulation [ com 322 final ] that sets the limits for the member states .


### the data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the member state . ### the data and documentation referred to in the first subparagraph relating to the current calendar year or marketing year and to the previous ten calendar years or marketing years shall be accessible for consultation through the digital databases of the competent authority of the member state . the relevant information from the database can also be provided in the form of summaries .


### provide high - quality statistical information , which should be available in a timely manner for the european semester , to monitor the implementation of europe 2020 . new indicators shall , to the extent possible , be based on available statistical data . ### provide high - quality statistical information , which must be available in a timely manner , with a view to monitoring implementation of europe 2020 . new indicators shall , to the extent possible , be based on available statistical data .


### by 31 december 2021 , the commission shall present a report to the european parliament and the council on the availability of organic plant reproductive material and animals for breeding purposes . ### by 31 december 2020 , the commission shall present a report to the european parliament and the council on the availability of organic plant reproductive material , feed , animals for breeding purposes , young poultry and parent animals for poultry production and aquaculture juveniles on the union market , identifying potential gaps and the reasons for those gaps and outlining a plan and possible measures for closing those gaps , including support measures designed to stimulate the market . that report shall be based on a study including data collection and analysis in member states .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### exceptions from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . exceptions as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . the commission may in accordance with the procedure referred to in article 37 lay down specific conditions for the application of exceptions provided for under this article .


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area , including pasture and / or woodland , for at least half of their life , and permanently from when they are fully feathered . open air areas for poultry shall be mainly covered with annual or perennial vegetation , and shall be provided with protective facilities allowing animals to hide and to scratch around , and shall permit fowl to have easy access to adequate numbers of drinking troughs ;


### ‘ group of operators ' means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### ' group of operators ' means a group : managed exclusively by farmers through an internal control system ; in which each operator may , in addition to producing food or feed , be engaged in processing of food or feed ; whose farms are geographically close ; in which the production involves only one type of production .


### a recognised third country referred to in the second indent of article 28 is a third country which has been recognised for the purpose of equivalence under article 33 of regulation no 834 / 2007 , including those recognised under the transitional measure provided for in article 40 . ### a recognised third country as referred to in point of article 28 is a third country which has been recognised for the purposes of equivalence under article 33 of regulation no 834 / 2007 , including those recognised under the transitional measures provided for in article 40 of this regulation .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### exceptions from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . exceptions as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . where it is necessary to use food additives and other substances as set out in article 19 or feed additives and other substances as set out in article 16 and such substances are not available on the market other than produced by gmos ; where the use of food additives and other substances as set out in article 19 or feed additives as set out in article 16 is required on the basis of union law or national law . the commission may in accordance with the procedure referred to in article 37 lay down specific conditions for the application of exceptions provided for under this article .


### this regulation shall apply to agricultural products listed in annex i to the treaty on the functioning of the european union and to some other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported as organic . ### this regulation shall apply to the following products originating from agriculture , including aquaculture , where such products are , or are intended to be , produced , prepared , distributed , placed on the union market , or imported into or exported from the union as organic : live or unprocessed agricultural products , including seed and other plant reproductive material ; processed agricultural products for food ; feed ; algae and aquaculture animals ; wine ; yeast ; mushrooms ; collected wild plants and parts thereof , and to other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### ‘ group of operators ' means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### ' group of small operators ' means a group in which the annual turnover of each operator in respect of his agricultural production unit does not exceed eur 25 000 , and in which the operators concerned may , in addition to producing food or feed , be engaged in processing , preparation or marketing of food or feed and their production units are close to each other geographically ;


### 4 . 2 . use of plant reproductive material not obtained from organic production ### 4 . 2 . use of seed or vegetative propagating material not obtained from organic production seed or vegetative propagating material not obtained from organic production may be used only in accordance with article 40 if such products come from a production unit in conversion to organic production or where such material is justified for use in research and development , for tests in small - scale field trials or for genetic resources conservation purposes agreed by the competent control body .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### derogations from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . derogations as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . 3 . the commission shall be empowered to adopt delegated acts in accordance with article 36 laying down the criteria according to which situations may be qualified as situations requiringexceptional production rules and rules on how to deal with them , as well as rules on monitoring and on reporting requirements .


### a recognised third country referred to in the second indent of article 28 is a third country which has been recognised for the purpose of equivalence under article 33 of regulation no 834 / 2007 , including those recognised under the transitional measure provided for in article 40 . ### a recognised third country as referred to in point of article 28 is a third country which has been recognised for the purposes of equivalence under article 33 of regulation no 834 / 2007 . the recognition of the third countries referred to in the first subparagraph shall expire when all recognized third countries have been transferred to the new rules .


### the organic production logo of the european union may be used in the labelling , presentation and advertising of products which comply with this regulation . ### the organic production logo of the european union may be used in the labelling , presentation and advertising of products which comply with this regulation . the organic logo shall not be used in the case of in - conversion products and food as referred to in article 21 b ) .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### each member state shall ensure that a computerised database is established for listing the varieties and heterogeneous material , according to regulation no xx / xxx for which plant reproductive material obtained by the organic production method is available on its territory . ### each member state shall ensure that a computerised database is established for listing the organic seed , heterogeneous material and seed potatoes , according to regulation no xx / xxx for which plant reproductive material obtained by the organic production method is available on the market on its territory . each member state shall create and manage a list of species or groups of varieties for which plant reproductive material is easily available at the national level . if farm - saved plant reproductive material is produced according to this regulation it is also considered as obtained by the organic production method notwithstanding if the prm is derived from registered varieties or not .


### poultry shall either be reared until they reach a minimum age or else shall come from slow - growing poultry strains as defined by the competent authority . where slow - growing poultry strains are not used by the farmer the minimum age at slaughter shall be as follows : ### poultry shall either be reared until they reach a minimum age or else shall come from slow - growing poultry strains as defined by the commission competent authority . where slow - growing poultry strains are not used by the farmer the minimum age at slaughter shall be as follows :


### this regulation shall apply to agricultural products listed in annex i to the treaty on the functioning of the european union and to some other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported as organic . ### this regulation shall apply to the following products originating from agriculture , including aquaculture and beekeeping , where such products are , or are intended to be , produced , prepared , distributed , placed on the union market , or imported into or exported from the union as organic : live or unprocessed agricultural products , including seed and other plant reproductive material ; processed agricultural products for food ; feed ; algae and aquaculture animals ; wine ; yeast ; mushrooms ; collected wild plants and parts thereof , and to other products listed in annex i to this regulation , insofar as those agricultural products and other products are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### 5 . 2 . 4 . with the exception of vaccinations , treatments for parasites and compulsory eradication schemes where an animal or group of animals receive more than three courses of treatments with chemically - synthesised allopathic veterinary medicinal products including antibiotics within 12 months , or more than one course of treatment if their productive lifecycle is less than one year , the livestock concerned , or produce derived from them , shall not be sold as organic products , and the livestock shall undergo the conversion periods referred to in points 1 . 2 and 2 . ### 5 . 2 . 4 . with the exception of vaccinations , treatments for parasites , phytotherapeutic and homeopathic products and compulsory eradication schemes where an animal or group of animals receive more than three courses of treatments with chemically - synthesised allopathic veterinary medicinal products including antibiotics within 12 months , or more than one course of treatment if their productive lifecycle is less than one year , the livestock concerned , or produce derived from them , shall not be sold as organic products , and the livestock shall undergo the conversion periods referred to in points 1 . 2 and 2 .


### the respect of the conditions and measures for the import of organic products into the union shall be ascertained at border control posts , in accordance with article 45 of regulation no xxx / xxx . the physical checks referred to in article 47 of that regulation shall be performed at a frequency dependent on the risk of non - compliance with this regulation . ### the respect of the conditions and measures for the import of organic products into the union shall be ascertained by the control provisions laid down in chapter v and at border control posts , in accordance with article 45 of regulation no xxx / xxx .


### organic production is a sustainable management system for agriculture that is based on the following general principles : ### organic production is a sustainable management system that is based on the following general principles :


### 5 . 2 . 5 . the withdrawal period between the last administration of an allopathic veterinary medicinal product to an animal under normal conditions of use , and the production of organically produced foodstuffs from such animals , is to be twice the withdrawal period as referred to in article 11 of directive 2001 / 82 / ec or , in a case in which this period is not specified , 48 hours . ### 5 . 2 . 5 . the withdrawal period between the last administration of a chemically synthesised veterinary medicinal product to an animal under normal conditions of use , and the production of organically produced foodstuffs from such animals , shall be twice the withdrawal period as referred to in article 9 of directive 2001 / 82 / ec and at least 48 hours . directive 2001 / 82 / ec or , in a case in which this period is not specified , 48 hours , except for phytotherapeutic and homeopathic products without legal withdrawal period .


### 5 . 2 . 5 . the withdrawal period between the last administration of an allopathic veterinary medicinal product to an animal under normal conditions of use , and the production of organically produced foodstuffs from such animals , is to be twice the withdrawal period as referred to in article 11 of directive 2001 / 82 / ec or , in a case in which this period is not specified , 48 hours . ### 5 . 2 . 5 . the withdrawal period between the last administration of a chemically synthesised allopathic veterinary medicinal product to an animal under normal conditions of use , and the production of organically produced foodstuffs from such animals , shall be twice the withdrawal period as referred to in article 9 of directive 2001 / 82 / ec and at least 48 hours .


### a recognised third country referred to in the second indent of article 28 is a third country which has been recognised for the purpose of equivalence under article 33 of regulation no 834 / 2007 , including those recognised under the transitional measure provided for in article 40 . ### a recognised third country as referred to in point of article 28 is a third country which has been recognised for the purposes of equivalence under article 33 of regulation no 834 / 2007 , including those recognised under the transitional measures provided for in article 40 of this regulation .


### operators and groups of operators that have notified their activity in accordance with article 24 and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity . ### operators and groups of operators that have notified their activity in accordance with article 24a and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity .


### 7 . 9 . mutilation of animals shall be prohibited . ### 7 . 9 . mutilation of animals shall be prohibited . attaching elastic bands to the tails of sheep and tail - docking may be authorised by the competent authority for reasons of safety or animal and human health or if they are intended to improve the health , welfare or hygiene of the livestock . dehorning , including disbudding of young mammals shall be approved only if adequate anaesthesia and / or analgesia are applied .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the single database for the listing of the varieties , in particular traditional and rare varieties , for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers .


### in order to allow organic production to continue or recommence in the event of catastrophic circumstances and subject to the principles laid down in chapter ii , the commission shall be empowered to adopt delegated acts in accordance with article 36 providing for the criteria to qualify such situations as catastrophic and laying down specific rules on how to deal with them , on monitoring and on reporting requirements . ### exceptions from the production rules laid down in this chapter shall be subject to the principles laid down in chapter ii . 2 . exceptions as referred to in paragraph 1 shall be kept to a minimum and , where appropriate , limited in time , and may only be provided for in the following cases : where they are necessary in order to ensure that organic production can be initiated or maintained on holdings confronted with climatic , geographical or structural constraints ; where they are necessary in order to ensure access to feed , seed and vegetative propagating material , live animals and other farm inputs , where such inputs are not available on the market in organic form ; where they are necessary in order to ensure access to ingredients of agricultural origin , where such ingredients are not available on the market in organic form ; where they are necessary in order to solve specific problems related to the management of organic livestock ; where they are necessary with regard to the use of specific products and substances in the processing referred to in point of article 19 in order to ensure production of well - established food products in organic form ; where temporary measures are necessary in order to allow organic production to continue or recommence in the case of catastrophic circumstances . where it is necessary to use food additives and other substances as set out in article 19 or feed additives and other substances as set out in article 16 and such substances are not available on the market other than produced by gmos ; where the use of food additives and other substances as set out in article 19 or feed additives as set out in article 16 is required on the basis of union law or national law . the commission may in accordance with the procedure referred to in article 37 lay down specific conditions for the application of exceptions provided for under this article .


### operators and groups of operators that have notified their activity in accordance with article 24 and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity . ### operators and groups of operators that have notified their activity and submitted their undertaking to the control system in accordance with article 24a and comply with this regulation shall be entitled to be provided with an organic certificate . the organic certificate , issued in electronic form wherever possible , shall at least allow the identification of the operator or group of operators , the type or range of products covered by the certificate and its period of validity .


### the use of allopathic treatments shall be limited to two courses of treatment per year , with the exception of vaccinations and compulsory eradication schemes . however , in the cases of a production cycle of less than a year a limit of one allopathic treatment applies . if the indicated limits for allopathic treatments are exceeded the aquaculture animals concerned shall not be sold as organic products ; ### the use of allopathic treatments shall be limited to two courses of treatment per year , with the exception of vaccinations , parasite treatments and compulsory eradication schemes . however , in the case of a production cycle of less than a year , a limit of one allopathic treatment shall apply . if the indicated limits for allopathic treatments are exceeded , the aquaculture animals concerned shall not be sold as organic products ;


### this regulation shall apply to agricultural products listed in annex i to the treaty on the functioning of the european union and to some other products listed in annex i to this regulation , insofar as those agricultural products and those other products are intended to be produced , prepared , distributed , placed on the market , imported or exported as organic . ### this regulation shall apply to the following products originating from agriculture , including aquaculture , where such products are , or are intended to be , produced , prepared , distributed , placed on the union market , or imported into or exported from the union as organic : live or unprocessed agricultural products , including seed and other plant reproductive material ; processed agricultural products for food ; feed ; algae and aquaculture animals ; wine ; yeast ; mushrooms ; collected wild plants and parts thereof , and to other products listed in annex i to this regulation , insofar as those agricultural products and other products closely linked to agriculture are intended to be produced , prepared , distributed , placed on the market , imported or exported .


### 12 months in the case of bovines animals for meat production , and in any case at least three quarters of their lifetime ; ### 12 months in the case of bovines animals for meat production ;


### 5 . 2 . 2 . disease shall be treated immediately to avoid suffering of the animal ; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions and under the responsibility of a veterinarian , when the use of phytotherapeutic , homeopathic and other products is inappropriate . in particular restrictions with respect to courses of treatment and withdrawal periods shall be defined . ### 5 . 2 . 2 . disease shall be treated immediately to avoid suffering of the animal ; chemically synthesised allopathic veterinary medicinal products including antibiotics may be used where necessary and under strict conditions and under the responsibility of a veterinarian , when the use of phytotherapeutic , homeopathic and other products is inappropriate . in particular restrictions with respect to courses of treatment and withdrawal periods shall be defined . allopathic veterinary medicinal products authorised for use in organic production pursuant to article 19 can be used without consulting a veterinarian .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### this directive shall apply to the transfer of a seagoing vessel registered in and / or flying the flag of a member state and constituting an undertaking , business or part of an undertaking or business for the purposes of this directive , even when it is not situated within the territorial scope of the treaty . ### this directive shall apply to the transfer of a seagoing vessel that is part of a transfer of an undertaking , business , or part of an undertaking or business within the meaning of paragraphs 1 and 2 , provided that the transferee is situated , or the transferred undertaking , business , or part of an undertaking or business remains , within the territorial scope of the treaty . this directive shall not apply if the object of the transfer exclusively consists of one or more seagoing vessels .


### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination , unless the passenger is explicitly informed otherwise in writing . such information shall in particular state that when the passenger misses a connection , he or she would not be entitled to assistance or compensation based on the total length of the journey . the burden of proof that the information was provided shall lie with the railway undertaking , its agent , tour operator or ticket vendor . ### where a passenger receives separate tickets for a single journey comprising successive railway services operated by one or more railway undertakings , his rights to information , assistance , care and compensation shall be equivalent to those under a through - ticket and cover the whole journey from the departure to the final destination .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . railway undertakings and , where possible , ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### where there is no ticket office or accessible ticketing machine in the station of departure , persons with disabilities and persons with reduced mobility shall be permitted to buy tickets on board the train at no extra cost . ### where there is no ticket office or accessible ticketing machine in the station of departure , passengers shall be permitted to buy tickets on board the train at no extra cost .


### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 48 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ; ### assistance shall be provided on condition that the railway undertaking , the station manager , the ticket vendor or the tour operator with which the ticket was purchased is notified of the person ' s need for such assistance at least 3 hours before the assistance is needed . where a ticket or season ticket permits multiple journeys , one notification shall be sufficient provided that adequate information on the timing of subsequent journeys is provided . such notifications shall be forwarded to all other railway undertakings and station managers involved in the person ' s journey ;


### articles 5 , 10 , 11 and 25 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 . ### articles 5 , 6 , 10 , 11 , 12 and 17 and chapter v shall apply to all rail passenger services referred to in paragraph 1 , including services exempted in accordance with points and of paragraph 2 .


### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of a railway undertaking or for its own account ; ### ‘ ticket vendor’ means any retailer of rail transport services concluding transport contracts and selling tickets on behalf of one or more railway undertakings or for its own account ;


### railway undertakings and ticket vendors shall offer tickets and , where available , through - tickets and reservations . they shall make all possible efforts to offer through - tickets , including for journeys across borders and with more than one railway undertaking . ### railway undertakings and ticket vendors shall offer tickets and , where available reservations . they shall offer through - tickets , including for journeys across borders and with more than one railway undertaking , where according to the time schedules known at the time of the purchase of the ticket , there is time for the passenger to transfer between one service to another . ticket vendors and railway undertakings shall make available to station managers , infrastructure managers , and each other the data concerning sold tickets and the related passengers in a real time basis in a non - discriminatory way , in line with the general data protection regulation 2016 / 679 .


### users’ rights to rail services include the receipt of information regarding the service both before and during the journey . whenever possible , railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility . ### users’ rights to rail services include the receipt of information regarding the service both before , during and after the journey . railway undertakings and ticket vendors should provide this information in advance and as soon as possible . that information should be provided in accessible formats for persons with disabilities or persons with reduced mobility .


### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations handling more than 10 000 passengers per day on average over a year shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers . ### all railway undertakings , ticket vendors , station managers and infrastructure managers of stations shall each set up a complaint - handling mechanism for the rights and obligations covered in this regulation in their respective field of responsibility . they shall make their contact details and working language widely known to passengers .


### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case . however , that proportion should never be less than half of those costs . ### providers of online intermediation services should bear a reasonable proportion of the total costs of the mediation , taking into account all relevant elements of the case at hand . to that aim , the mediator should suggest which proportion is reasonable in the individual case .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall notify its intention to the business user concerned at least 15 days before implementation and provide the business user concerned , without undue delay , with a statement of reasons for that decision .


### providers of online intermediation services shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute . ### providers of online intermediation services and business users shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1 , with a view to reaching an agreement on the settlement of the dispute .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services or online search engine acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users or corporate website users to any personal data or other data , or both , which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engine services concerned or which are generated through the provision of those services .


### by [ date : three years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee . ### by [ date : two years after the date of entry into force ] , and subsequently every three years , the commission shall evaluate this regulation and report to the european parliament , the council and the european economic and social committee .


### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another . however , providers of online intermediation services shall in any case bear at least half of the total cost . ### providers of online intermediation services shall bear a reasonable proportion of the total costs of mediation in each individual case . a reasonable proportion of those total costs shall be determined , on the basis of a suggestion by the mediator , by taking into account all relevant elements of the case at hand , in particular the relative merits of the claims of the parties to the dispute , the conduct of the parties , as well as the size and financial strength of the parties relative to one another .


### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ; ### whether a business user has access to personal data or other data , or both , provided by that business user in connection to his or her use of the online intermediation services or online search engine concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services , and if so , to which categories of such data and under what conditions ;


### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services with the relevant requirements laid down in this regulation . ### the right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts , in accordance with the rules of the law of the member state where the action is brought , to address any non - compliance by providers of online intermediation services or online search engines with the relevant requirements laid down in this regulation .


### providers of online intermediation services shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services concerned or which are generated through the provision of those services . ### providers of online intermediation services or online search engines shall include in their terms and conditions a description of the technical and contractual access , or absence thereof , &#160 ; of business users to any personal data or other data , or both , which business users or consumers provide for the use of the online intermediation services or the online search engine concerned or which are generated through the provision of those services .


### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , offer goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services . ### this regulation shall apply to online intermediation services and online search engines provided , or offered to be provided , to business users and corporate website users , respectively , that have their place of establishment or residence in the union and that , through online intermediation services or online search engines , target or direct sales of goods or services to consumers located in the union , irrespective of the place of establishment or residence of the providers of those services .


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites and mobile applications in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ;


### organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation . ### without prejudice to art . 80 of regulation 2016 / 679 and after having exhausted the options to settle complaints and disputes , laid down in art . 9 and 10 of this regulation , organisations and associations that have a legitimate interest in representing business users or in representing corporate website users , as well as public bodies set up in member states , shall have the right to take action before national courts in the union , in accordance with the rules of the law of the member state where the action is brought , to stop or prohibit any non - compliance by providers of online intermediation services or by providers of online search engines with the relevant requirements laid down in this regulation .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . the business user shall be entitled to terminate their agreement free of any charges within 30 days from the receipt of the notice , where such modifications are materially detrimental to the business user .


### ' online search engine ' means a digital service that allows users to perform searches of , in principle , all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ; ### ' online search engine ' means a digital service that allows users to perform searches of various websites or websites in a particular language on the basis of a query in the form of a keyword , phrase or other input , and returns links in which information related to the requested content can be found ;


### they constitute information society services within the meaning of article 1 of directive no 2015 / 1535 of the european parliament and of the council27 ; _________________ 27 directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services . ### they constitute information society services within the meaning of article 1 of directive no 2015 / 1535 of the european parliament and of the council27 or they constitute device operating systems and in that capacity they act as intermediaries between online application developers and consumers ; _________________ 27 directive 2015 / 1535 of the european parliament and of the council of 9 september 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on information society services .


### modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void . ### modifications to terms and conditions implemented by a provider of online intermediation services contrary to the provisions of paragraph 3 shall be null and void without prejudice to the validity of the remaining provisions , which shall remain valid in so far as they can be separated from the non - compliant provisions .


### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 15 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications . ### the envisaged modifications shall not be implemented before the expiry of a notice period which is reasonable and proportionate to the nature and extent of the envisaged modifications and to their consequences for the business user concerned . that notice period shall be at least 30 days from the date on which the provider of online intermediation services notifies the business users concerned about the envisaged modifications .


### where a provider of online intermediation services decides to suspend or terminate , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision . ### where a provider of online intermediation services decides to suspend , terminate or otherwise restrict , in whole or in part , the provision of its online intermediation services to a given business user , it shall provide the business user concerned , without undue delay , with a statement of reasons for that decision .


### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the right skills for vacant positions and overcoming bottlenecks in the labour market . ### the free movement of workers is a key element to the development of a more integrated union labour market which allows worker mobility from high unemployment areas to areas characterised by labour shortages . it also contributes to finding the necessary staff with adequate skills for vacant positions and overcoming bottlenecks in the labour market .


### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task of dealing with complaints and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union . ### member states should establish coordination offices at national level to provide general support and assistance to all organisations on their territory operating for eures and support the cooperation with their counterparts in the other member states and with the european coordination office . those coordination offices should in particular have the task to support the creation of instruments and procedures for the functioning of eures and to deal with complaints , and problems with job vacancies , and verify compliance issues as regards voluntary and fair labour mobility within the union .


### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . a decision to impose such specific proactive measures should not , in principle , lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification . ### following the request , the competent authority should enter into a dialogue with the hosting service provider about the necessary proactive measures to be put in place . if necessary , the competent authority should impose the adoption of appropriate , effective and proportionate proactive measures where it considers that the measures taken are insufficient to meet the risks . the competent authority should only impose proactive measures that the hosting service provider can reasonably be expected to implement , taking into account , among other factors , the hosting service providers’ financial and other resources . a decision to impose such specific proactive measures should not lead to the imposition of a general obligation to monitor , as provided in article 15 of directive 2000 / 31 / ec . considering the particularly grave risks associated with the dissemination of terrorist content , the decisions adopted by the competent authorities on the basis of this regulation could , in exceptional circumstances , derogate from the approach established in article 15 of directive 2000 / 31 / ec , as regards certain specific , targeted measures , the adoption of which is necessary for overriding public security reasons . before adopting such decisions , the competent authority should strike a fair balance between the public interest objectives and the fundamental rights involved , in particular , the freedom of expression and information and the freedom to conduct a business , and provide appropriate justification .


### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content for preventative purposes drawing on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council9 . given the need to address the most harmful terrorist propaganda online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides instructions for the commission of such offences or promotes the participation in activities of a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers should take into account factors such as the nature and wording of the statements , the context in which the statements were made and their potential to lead to harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content . _________________ 9 directive 2017 / 541 of the european parliament and of the council of 15 march 2017 on combating terrorism and replacing council framework decision 2002 / 475 / jha and amending council decision 2005 / 671 / jha . ### in order to provide clarity about the actions that both hosting service providers and competent authorities should take to prevent the dissemination of terrorist content online , this regulation should establish a definition of terrorist content based on the definition of terrorist offences under directive 2017 / 541 of the european parliament and of the council . given the need to address the illegal terrorist content online , the definition should capture material and information that incites , encourages or advocates the commission or contribution to terrorist offences , provides training for the commission of such offences or recruits for a terrorist group . such information includes in particular text , images , sound recordings and videos . when assessing whether content constitutes illegal terrorist content within the meaning of this regulation , competent authorities as well as hosting service providers must base their assessment on factors such as the notion of intention , the nature and wording of the statements , the context in which the statements were made and their demonstrable risk of provoking actions with harmful consequences , thereby affecting the security and safety of persons . the fact that the material was produced by , is attributable to or disseminated on behalf of an eu - listed terrorist organisation or person constitutes an important factor in the assessment . content disseminated for educational , journalistic or research purposes should be adequately protected . furthermore , the expression of radical , polemic or controversial views in the public debate on sensitive political questions should not be considered terrorist content .


### the competent authority shall have the power to issue a decision requiring the hosting service provider to remove terrorist content or disable access to it . ### the competent authority shall have the power to issue a removal order requiring the hosting service provider to remove terrorist content or disable access to it . this power shall be controlled by the competent judicial authority determined in accordance with national law .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to illegal terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of illegal terrorist content .


### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored available to third parties , irrespective of whether this activity is of a mere technical , automatic and passive nature . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services to the extent they make the information available to third parties and websites where users can make comments or post reviews . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation . ### in order to cover those online hosting services where terrorist content is disseminated , this regulation should apply to information society services which store information provided by a recipient of the service at his or her request and in making the information stored directly available to the public . by way of example such providers of information society services include social media platforms , video streaming services , video , image and audio sharing services , file sharing and other cloud services , excluding cloud it infrastructure service providers , to the extent they make the information directly available to the public . the regulation should also apply to hosting service providers established outside the union but offering services within the union , since a significant proportion of hosting service providers exposed to terrorist content on their services are established in third countries . this should ensure that all companies operating in the digital single market comply with the same requirements , irrespective of their country of establishment . the determination as to whether a service provider offers services in the union requires an assessment whether the service provider enables legal or natural persons in one or more member states to use its services . however , the mere accessibility of a service provider’s website or of an email address and of other contact details in one or more member states taken in isolation should not be a sufficient condition for the application of this regulation .


### a statement of reasons explaining why the content is considered terrorist content , at least , by reference to the categories of terrorist content listed in article 2 ; ### a detailed statement of reasons explaining why the content is considered terrorist content , by specific reference to the categories of terrorist content listed in article 2 and substantiating the elements of unlawfulness and intentionality and the relevant national law ;


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers and the authorities competent to issue removal orders shall publish annual transparency reports on action taken against the dissemination of illegal terrorist content


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers shall make publicly available annual transparency reports on action taken against the abuse of their services for the purposes of dissemination of illegal terrorist content by content providers .


### hosting service providers shall remove terrorist content or disable access to it within one hour from receipt of the removal order . ### hosting service providers shall remove terrorist content or disable access to it without undue delay upon receipt of the removal order


### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , explaining the reasons , using the template set out in annex iii . the deadline set out in paragraph 2 shall apply as soon as the reasons invoked are no longer present . ### if the hosting service provider cannot comply with the removal order because of force majeure or of de facto impossibility not attributable to the hosting service provider , it shall inform , without undue delay , the competent authority , explaining the reasons , using the template set out in annex iii . paragraph 2 shall apply as soon as the reasons invoked are no longer present , except when the hosting service provider cannot comply with the removal order because it would have disproportionate effects on the rights of its users such as protection of private life , data protection , secrecy of correspondence , freedom of expression and information in an open and democratic society .


### hosting service providers shall publish annual transparency reports on action taken against the dissemination of terrorist content . ### hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency report on action taken against the dissemination of terrorist content .


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess on a voluntary basis whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine , with the help of the member states , what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content and therefore should not be covered by article 6 .


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of terrorist content’ means making terrorist content available to the public on the hosting service providers’ services ;


### hosting service providers shall take appropriate , reasonable and proportionate actions in accordance with this regulation , against the dissemination of terrorist content and to protect users from terrorist content . in doing so , they shall act in a diligent , proportionate and non - discriminatory manner , and with due regard to the fundamental rights of the users and take into account the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers that have been in receipt of a substantial number of uncontested removal orders pursuant to article 4 , shall take appropriate , reasonable and proportionate actions in accordance with this regulation , to address the public dissemination of terrorist content and to protect users from illegal terrorist content . in doing so , they shall respect the fundamental rights and freedoms of the recipients of their services as enshrined in the eu charter of fundamental rights .


### it shall apply from [ 6 months after its entry into force ] . ### it shall apply from [ 12 months after its entry into force ] .


### a uniform resource locator and , where necessary , additional information enabling the identification of the content referred ; ### an exact uniform resource locator and , where necessary , additional information enabling the identification of the content referred ;


### given the scale and speed necessary for effectively identifying and removing terrorist content , proportionate proactive measures , including by using automated means in certain cases , are an essential element in tackling terrorist content online . with a view to reducing the accessibility of terrorist content on their services , hosting service providers should assess whether it is appropriate to take proactive measures depending on the risks and level of exposure to terrorist content as well as to the effects on the rights of third parties and the public interest of information . consequently , hosting service providers should determine what appropriate , effective and proportionate proactive measure should be put in place . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content . ### hosting service providers may , where appropriate , take voluntary additional measures to protect their services against the dissemination of terrorist content . the measures should be effective and proportionate , taking into account the risk and level of exposure to terrorist content , paying particular regard to the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . this requirement should not imply a general monitoring obligation . in the context of this assessment , the absence of removal orders and referrals addressed to a hosting provider , is an indication of a low level of exposure to terrorist content .


### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically fails to remove terrorist content or disable access to it within one hour from receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . penalties for non - compliance with article 6 should only be adopted in relation to obligations arising from a request to report pursuant to article 6 or a decision imposing additional proactive measures pursuant to article 6 . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not terrorist content . ### penalties are necessary to ensure the effective implementation by hosting service providers of the obligations pursuant to this regulation . member states should adopt rules on penalties , including , where appropriate , fining guidelines . particularly severe penalties shall be ascertained in the event that the hosting service provider systematically refuses to remove illegal terrorist content without undue delay from the receipt of a removal order . non - compliance in individual cases could be sanctioned while respecting the principles of ne bis in idem and of proportionality and ensuring that such sanctions take account of systematic failure . in order to ensure legal certainty , the regulation should set out to what extent the relevant obligations can be subject to penalties . when determining whether or not financial penalties should be imposed , due account should be taken of the financial resources of the provider . member states shall ensure that penalties do not encourage the removal of content which is not illegal terrorist content .


### transparency of hosting service providers ' policies in relation to terrorist content is essential to enhance their accountability towards their users and to reinforce trust of citizens in the digital single market . hosting service providers should publish annual transparency reports containing meaningful information about action taken in relation to the detection , identification and removal of terrorist content . ### transparency of hosting service providers ' policies in relation to illegal terrorist content is essential to enhance accountability towards users and to reinforce trust of citizens in hosting service providers’ and competent authorities’ in the union . hosting service providers should publish annual transparency reports containing detailed and meaningful information about action taken in relation to the detection , identification and removal of illegal terrorist content and the potential legal content restrictions . likewise , competent authorities should publish annual transparency reports containing detailed and meaningful information about the number of legal orders issued , the number of removals , the number of identified and detected illegal terrorist content leading to investigation and prosecution of terrorist offences and the number of restrictions on legal content .


### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months . the terrorist content shall , upon request from the competent authority or court , be preserved for a longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 . ### the terrorist content and related data referred to in paragraph 1 shall be preserved for six months and deleted after this period . the terrorist content shall , upon request from the competent authority or court , be preserved for a specifically defined longer period when and for as long as necessary for ongoing proceedings of administrative or judicial review referred to in paragraph 1 .


### hosting service providers shall , where appropriate , take proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective and proportionate , taking into account the risk and level of exposure to terrorist content , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society . ### hosting service providers shall , where appropriate , take voluntary proactive measures to protect their services against the dissemination of terrorist content . the measures shall be effective , appropriate and proportionate , taking into account the risk and level of exposure to terrorist content , the technical and operational capacity , the fundamental rights of the users , and the fundamental importance of the freedom of expression and information in an open and democratic society .


### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , such as by secured email and platforms or other secured channels , including those made available by the service provider , in line with the rules protecting personal data . this requirement may notably be met by the use of qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### the competent authority should transmit the removal order directly to the addressee and point of contact by any electronic means capable of producing a written record under conditions that allow the service provider to establish authenticity , including the accuracy of the date and the time of sending and receipt of the order , in line with the rules protecting personal data . competent authorities should therefore use qualified electronic registered delivery services as provided for by regulation 910 / 2014 of the european parliament and of the council12 . _________________ 12 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### rules on duties of care to be applied by hosting service providers in order to prevent the dissemination of terrorist content through their services and ensure , where necessary , its swift removal ; ### rules on reasonable and proportionate duties of care to be applied by hosting service providers whose services are particularly exposed to illegal terrorist content , in order to minimise the dissemination of terrorist content through their services and ensure , where necessary , its swift removal ;


### ‘ dissemination of terrorist content’ means making terrorist content available to third parties on the hosting service providers’ services ; ### ‘ dissemination of illegal terrorist content’ means making illegal terrorist content available to third parties on the hosting service providers’ services ;