### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension to be imposed following the conclusion of a coordinated action launched in accordance with chapter iv of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be 4% of the trader ' s annual turnover in the member state or member states concerned .


### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension within the meaning of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be at least 4% of the trader ' s annual turnover in the member state or member states concerned . ### member states shall ensure that the penalties for widespread infringements and widespread infringements with a union dimension to be imposed following the conclusion of a coordinated action launched in accordance with chapter iv of regulation no 2017 / 2934 include the possibility to impose fines , the maximum amount of which shall be 4 % of the trader ' s annual turnover in the member state or member states concerned .


### when deciding about the allocation of revenues from fines member states shall take into account the general interest of consumers . ### member states shall use revenues from fines to promote the protection of the general interest of consumers , including through the establishment of a fund dedicated to providing redress in cases of consumer harm , and , where applicable , of any other harms , such as harm to environmental interests or harm to other protected public interests , suffered as a result of the infringement .


### in respect of any digital content to the extent that it does not constitute personal data , which was uploaded or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] . ### in respect of any digital content to the extent that it does not constitute personal data , which was provided or created by the consumer when using the digital content or digital service supplied by the trader the trader shall comply with the obligations and can exercise the rights provided under [ digital content directive ] .


### 2021 : 0 . 5 % ; ### 2021 : 3 % ;


### it is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly . the notion of a ‘ conflict of interest’ should be solely used for cases where an entity or person with responsibilities for budget implementation , audit or control or an official or an agent of a union institution is in such a situation . in cases where an economic operator attempts to unduly influence a procedure or obtain confidential information , this should be treated as grave professional misconduct . in addition , economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest . for instance , a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified . ### it is appropriate that different cases usually referred to as situations of conflict of interest be identified and treated distinctly . the notion of a ‘ conflict of interest’ should be used for cases where an entity or person with responsibilities for budget implementation , audit or control or an official or an agent of a union institution is in such a situation . all persons and entities potentially subject to a conflict of interest should publish a declaration of interest instead of a declaration of absence of interest . a self - evaluation of a conflict of interest is a conflict of interest in itself . therefore , the evaluation of a conflict of interest should be carried out by an independent third party . in cases where an economic operator attempts to unduly influence a procedure or obtain confidential information , this should be treated as grave professional misconduct . in addition , economic operators may be in a situation where they should not be selected to implement a contract because of a professional conflicting interest . for instance , a company should not evaluate a project in which it has participated or an auditor should not be in a position to audit accounts it has previously certified . there should be regular publication of a track record of all cases of conflict of interest and revolving door identified by the union institutions .


### “1a . operations concerning the provision of services to citizens or businesses which cover the whole territory of a member state shall be considered as being located in all programme areas within a member state . in such cases , expenditure shall be allocated to the concerned programme areas on a pro - rata basis , based on objective criteria other than the budget allocation to the programme areas . ### “1a . operations concerning the provision of services to citizens or businesses which cover the whole territory of a member state shall be considered as being located in all programme areas within a member state . in such cases , expenditure shall be allocated to the concerned programme areas on a pro - rata basis , based on objective criteria .


### where operations falling under point of the first subparagraph also have a benefit for the programme area in which they are implemented , expenditure shall be allocated to these programme areas on a pro rata basis based on objective criteria other than the budget allocation to the programme areas . ### where operations falling under point of the first subparagraph also have a benefit for the programme area in which they are implemented , expenditure shall be allocated to these programme areas on a pro rata basis based on objective criteria .


### ' 4 . eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action . in the case of demonstration projects , support may also cover relevant investment costs . costs for travel , accommodation and per diem expenses of participants as well as the cost of the replacement of farmers shall also be eligible for support . all costs identified under this paragraph shall be paid to the beneficiary . ' ### in article 14 , paragraph 4 is replaced by the following ; ' 4 . eligible costs under this measure shall be the costs of organising and delivering the knowledge transfer or information action . infrastructure installed as a result of demonstration may be used after the operation is completed . in the case of demonstration projects , support may also cover relevant investment costs . costs for travel , accommodation and per diem expenses of participants as well as the cost of the replacement of farmers shall also be eligible for support . all costs identified under this paragraph shall be paid to the beneficiary . '


### member states shall define upper and lower thresholds per beneficiary for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises . ### member states shall define upper and lower thresholds for allowing access to support under points and of paragraph 1 . the lower threshold for support under point of paragraph 1 shall be higher than the upper threshold for support under point of paragraph 1 . support shall be limited to holdings coming under the definition of micro and small enterprises .


### ' 3 . on duly justified grounds , member states may decide not to pursue recovery . a decision to this effect may be taken only in the following cases : where the costs already and likely to be effected total more than the amount to be recovered , which condition shall be considered to have been met if : the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure , not including interest , does not exceed eur 100 ; or the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure , not including interest , falls between eur 100 and eur 150 and the member state concerned applies a threshold equal to or higher than the amount to be recovered under its national law for not pursuing national debts . where recovery proves impossible owing to the insolvency , recorded and recognised under national law , of the debtor or the persons legally responsible for the irregularity . ### in article 54 , the first subparagraph is replaced by the following : ' 3 . on duly justified grounds , member states may decide not to pursue recovery . a decision to this effect may be taken in the following cases : where the costs already and likely to be effected total more than the amount to be recovered , which condition shall be considered to have been met if the amount to be recovered from the beneficiary in the context of an individual payment for an aid scheme or support measure , not including interest , does not exceed eur 250 ; if a member state follows best practice for updating lpis in a 3 - year cycle and has implemented the geo - spatial aid application , in which case there shall be no requirement of recovery of undue payments to small areas under 1 ha '


### ' 2 . by way of derogation from point of paragraph 1 , member states may decide that agricultural parcels of an area of up to 0 , 1 ha on which an application for payment is not made , do not need to be declared , provided that the sum of such parcels does not exceed 1 ha , and / or may decide that a farmer who does not apply for any area - based direct payment does not have to declare his agricultural parcels in the case where the total area does not exceed 1 ha . in all cases , the farmer shall , indicate in his application that he has agricultural parcels at his disposal and at the request of the competent authorities , shall indicate their location . ' ### in article 72 , paragraph 2 is replaced by the following : ' 2 . by way of derogation from point of paragraph 1 , member states may decide that : agricultural parcels of an area of up to 0 , 1 ha on which an application for payment is not made , do not need to be declared , provided that the sum of such parcels does not exceed 1 ha , and / or may decide that a farmer who does not apply for any area - based direct payment does not have to declare his agricultural parcels in the case where the total area does not exceed 1 ha . in all cases , the farmer shall , indicate in his application that he has agricultural parcels at his disposal and at the request of the competent authorities , shall indicate their location ; farmers participating in the small farmer scheme do not need to declare the agricultural parcels on which an application for payment is not made , unless such a declaration is required for the purpose of other aid or support . '


### “winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus . ” ### in article 44 , the second subparagraph is replaced by the following : “winter crop and spring crop shall be considered to be distinct crops even if they belong to the same genus . triticum spelta shall be considered to be a distinct crop from crops belonging to the same genus . ”


### “5 . the payment for young farmers shall be granted per farmer for a maximum period of five years . that period shall be reduced by the number of years elapsed between the setting up referred to in point of paragraph 2 and the first submission of the application for the payment for young farmers . ” ### in article 50 , paragraph 5 is replaced by the following : “5 . the payment for young farmers shall be granted per farmer for a maximum period of five years . ”


### “6 . member states may , by 1 august 2016 , review their decision pursuant to paragraphs 1 to 4 and decide , with effect from 2017 : to leave unchanged , increase or decrease the percentage fixed pursuant to paragraphs 1 , 2 and 3 , within the limits laid down therein where applicable , or to leave unchanged or decrease the percentage fixed pursuant to paragraph 4 ; to modify the conditions for granting the support ; to cease granting the support under this chapter . ” ### in article 53 , paragraph 6 is replaced by the following : “6 . member states may , by 1 august of any given year , review their decision taken pursuant to this chapter and decide , with effect from the following year : to leave unchanged , increase or decrease the percentage fixed pursuant to paragraphs 1 , 2 and 3 , within the limits laid down therein where applicable , or to leave unchanged or decrease the percentage fixed pursuant to paragraph 4 ; to modify the conditions for granting the support ; to cease granting the support under this chapter . member states shall notify the commission of any such decision by the date referred to in the first subparagraph . ”


### “1 . member states may , on request , recognise interbranch organisations in a specific sector listed in article 1 which : ” ### in article 157 , the introductory part is replaced by the following : “1 . member states may , on request , recognise interbranch organisations in one or more sectors listed in article 1 which : ”


### blending operations supported by means of a cef blending facility shall be selected on the basis of maturity and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical balance across the member states . they shall : ### blending operations supported by means of a cef blending facility shall be selected on the basis of maturity taking into account a minimum set of criteria which are to be set by the commission and shall seek sectoral diversification in accordance with articles 3 and 4 as well as geographical balance across the member states . they shall :


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises environmentally , economically and socially sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , brownfield regeneration , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ;


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , adaptation to the needs of industrial restructuring , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals .


### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing . ### financing and investment operations under the sustainable infrastructure policy window referred to in point of paragraph shall be subject to climate , environmental and social sustainability proofing . investments shall aim at minimising detrimental impacts and maximising benefits on climate , environment and social dimension . for that purpose , promoters requesting financing shall provide adequate information based on guidance to be developed by the commission . projects below a certain size defined in the guidance shall be excluded from the proofing .


### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . ### implementing partners shall target that at least 30 % of total investments and 50 % of investments under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . social investments to correct negative social impacts arising from the eu ' s climate or environmental policies shall also be understood as contributing to these objectives .


### development of the energy sector in accordance with the energy union priorities , including security of energy supply , and the commitments taken under the agenda 2030 and the paris agreement , in particular through : ### development of the energy sector in accordance with the energy union priorities , including security of energy supply and support for regions affected by the energy transformation , and the commitments taken under the agenda 2030 and the paris agreement , in particular through :


### on 1 june 2016 the commission issued a communication entitled ‘ europe investing again – taking stock of the investment plan for europe and next steps’ outlining the achievements of the investment plan so far and the envisaged next steps , including the extension of the european fund for strategic investments beyond its initial three - year period , the scaling - up of the small and medium - sized enterprises window within the existing framework and the enhancement of the european investment advisory hub . ### on 1 june 2016 the commission issued a communication entitled ‘ europe investing again – taking stock of the investment plan for europe and next steps’ outlining the situation so far and the envisaged next steps , such as the extension of the european fund for strategic investments beyond its initial three - year period , the scaling - up of the small and medium - sized enterprises window within the existing framework and the enhancement of the european investment advisory hub .


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis prevented the union from boosting sustainable growth and competitiveness . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure .


### in selecting implementing partners for the deployment of the investeu fund , the commission should consider the counterpart ' s capacity to fulfil the objectives of the investeu fund and contribute its own resources , in order to ensure adequate geographical coverage and diversification , to crowd - in private investors and to provide sufficient risk diversification as well as new solutions to address market failures and sub - optimal investment situations . given its role under the treaties , its capacity to operate in all member states and the existing experience under the current financial instruments and the efsi , the european investment bank group should remain a privileged implementing partner under the investeu fund ' s eu compartment . in addition to the eib group , national promotional banks or institutions should be able to offer a complementary financial product range given that their experience and capabilities at regional level could be beneficial for the maximisation of the impact of public funds on the territory of the union . moreover , it should be possible to have other international financial institutions as implementing partners , in particular when they present a comparative advantage in terms of specific expertise and experience in certain member states . it should also be possible for other entities fulfilling the criteria laid down in the financial regulation to act as implementing partners . ### in selecting implementing partners for the deployment of the investeu fund , the commission should consider the counterpart ' s potential to fulfil the objectives of the investeu fund and contribute its own resources , in order to ensure adequate geographical coverage and diversification , to crowd - in private investors and to provide sufficient risk diversification as well as new solutions to address market failures and sub - optimal investment situations . given its role under the treaties , its capacity to operate in all member states and the existing experience under the current financial instruments and the efsi , the european investment bank group should remain a privileged implementing partner under the investeu fund ' s eu compartment . in addition to the eib group , national promotional banks or institutions should be able to offer a complementary financial product range given that their experience and capabilities at regional level could be beneficial for the maximisation of the impact of public funds on the territory of the union . moreover , it should be possible to have other international financial institutions as implementing partners , in particular when they present a comparative advantage in terms of specific expertise and experience in certain member states . it should also be possible for other entities fulfilling the criteria laid down in the financial regulation to act as implementing partners .


### therefore , it is important to provide a clear definition of parcel delivery services and to specify which postal items are covered by that definition . this concerns in particular postal items , other than items of correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , postal items weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids . in line with current practice and directive 97 / 67 / ec , each step in the postal chain , i . e . clearance , sorting and delivery should be considered parcel delivery services . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transport sector . ### there is a lack of exact definition , what is essential difference between , , postal” , , , express” or , , courier” services . taking into account , that for e - commerce purposes universal service providers offer also additional options , such as track - and - trace , electronic notifications of delivery , choice of delivery at the home or other premises , that to a certain extent are similar to the services offered by other parcel delivery companies , for the purpose of implementing this regulation , it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal items are covered by these definitions . this concerns in particular postal items , other than correspondence , which because of their weight are commonly used for sending goods and merchandise . this regulation should therefore cover , in line with consistent practice , parcels weighing up to 31 . 5 kg , as heavier items cannot be handled by a single average individual without mechanical aids and are subjects of the freight transport and logistics sector regulation . providers of parcel delivery services using alternative business models , for example those drawing on the collaborative economy and e - commerce platforms can involve other contractual undertakings to provide some steps in the postal delivery chain such as clearance , sorting and delivery of parcel . the latters should not be subject to this regulation , if they provide these services as subcontractors of other parcel delivery service providers . transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it should in this case be assumed that this activity is part of the transport sector .


### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market , a threshold should be applied , based on the number of persons working for the service provider and involved in the provision of parcel delivery services . ### it is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market on the basis of appropriate authorisations procedures or other legal requirements . new business models are widespread , especially in the parcel and express industry , non - standard employment contracts are commonly used by parcel operators , who also use contract service subcontractors and self - employed staff to carry out the delivery tasks . however , in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market a threshold of 10 persons should be applied , based on the number of persons working over the previous calendar year for the service provider including subcontractors and involved in the provision of parcel delivery services unless that provider is established in more than one member state . this threshold is in line with commission recommendation 2003 / 361 of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises , reflects the labour intensive nature of the sector and captures most of the parcel delivery market and level of market share , especially in countries with low volumes of parcels flows . the average number of persons should include full - time , part - time and temporary employees as well as self - employed workers persons and employees of subcontractors involved .


### when national regulatory authorities annually assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers and the destination universal service providers and the level of terminal rates . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers . ### when national regulatory authorities deem it necessary to assess the affordability of tariffs , they should base themselves on objective criteria , such as the domestic tariffs of the originating universal service providers . those common criteria may be complemented by other criteria of particular relevance for explaining the tariffs in question , such as specific transportation or handling costs and bilateral volumes between different cross - border parcel delivery service providers .


### in order to ensure transparency across the union , the analysis of a national regulatory authority should be submitted to the national regulatory authorities of the other member states and to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions . ### in order to ensure transparency across the union , a non - confidential version of the analysis of a national regulatory authority should be submitted to the commission . confidentiality is to be ensured by the national regulatory authorities and the commission , in accordance with article 22a of directive 97 / 67 / ec . the commission may also request the european regulators group for postal services to provide a union - wide analysis on the basis of the national contributions .


### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec , concerning : ### this regulation establishes specific rules , in addition to the rules set out in directive 97 / 67 / ec for the provision of parcel delivery services , concerning :


### by 31 march of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established : ### by 31 march of each calendar year , all parcel delivery service providers shall submit the following information to the national regulatory authority of the member state in which they are established unless the national regulatory authority has already requested and received such information :


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


### the national regulatory authorities shall without delay and by 28 february of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated website by 30 april of each calendar year at the latest . ### the national regulatory authorities shall without delay and by 31 march of each calendar year at the latest submit the public lists of tariffs obtained in accordance with paragraph 1 to the commission . the commission shall publish them on a dedicated neutral website by 30 april of each calendar year at the latest . this website site should not carry out any commercial activities .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### if the national regulatory authority deems it necessary , it shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . the assessment shall apply only to tariffs related to services that are part of the universal service obligation and should be lead in accordance with article 12 of the postal services directive .


### postal items for which the public list of national and all cross - border tariffs to other member states shall be notified to the national regulatory authorities : ### postal items for which cross - border parcel delivery service provider’s tariffs shall be notified to the national regulatory authorities .


### the postal items , as defined above , shall meet the following criteria : ### the postal items , as defined above , shall meet the following criteria of size and weight :


### the postal items , as defined above , shall meet the following criteria : ### the parcels , as defined above , shall meet the following criteria :


### the size limits of the postal items a - i shall follow the following rule : length , width and depth combined : 900 mm , the greatest dimension may not exceed 600 mm the smallest dimension shall exceed 20mm ; ### the size limits of the postal items listed in point 1 to shall follow the following rule : length , width and thickness combined : 900 mm , the greatest dimension shall not exceed 600 mm the smallest dimension shall exceed 20mm , weight shall exceed 500 grams ;


### the tariffs corresponding to the postal items shall not contain any special discounts on the basis of volumes or on any other special treatment . ### the tariffs of postal items listed in point 1 shall meet the following criteria : the tariffs corresponding to the postal items shall be single piece tariffs and not contain any special discounts on the basis of volumes or on any other special treatment


### providers who offer more than one product meeting the criteria above should report the least expensive price . ### parcel delivery services providers who offer more than one of postal items meeting the criteria above should report the least expensive tariff .


### the tariffs above shall correspond to items delivered at the home or premises in the member state of destination . ### the tariffs of postal items listed in point 1 shall correspond to items delivered at the home or other premises in the destination member state if tariff for certain postal item includes such option without additional charge . parcel delivery services providers may establish tariffs for postal items listed in point 1 with weight witch differs from weights listed in this paragraph and falls into range between two directly following postal items ranges listed in point 1 to . in such case parcel delivery service provider notifies for the national regulatory authority according to the article 4 the tariffs of postal items with weight which should not be lower than weight of item with smaller weight of certain range and should not exceed the weight of item with smaller weight of next range .


### in accordance with the principle of subsidiarity , member states should retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they should also retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question . ### in accordance with the principle of subsidiarity , member states are to retain full responsibility for the organisation of their pension systems as well as for the decision on the role of each of the three ‘ pillars’ of the retirement system in individual member states . in the context of the second pillar , they also are required to retain full responsibility for the role and functions of the various institutions providing occupational retirement benefits , such as industry - wide pension funds , company pension funds and life - assurance companies . this directive is not intended to call this prerogative into question .


### their professional qualifications , knowledge and experience are adequate to enable them to ensure a sound and prudent management of the institution and to properly carry out their key functions ; and ### their qualifications , knowledge and experience are collectively adequate in relation to the activities performed for the institution ; and


### time use , ### time use - upon a decision of the member state ,


### in order to provide legal certainty , it is appropriate to clarify that temporary cessation measures that have been adopted in order to attain the objectives of the plan provided for in this regulation can be deemed eligible for support under regulation no 508 / 2014 of the european parliament and of the council32 . _________________ 32 regulation no 508 / 2014 of the european parliament and of the council of 15 may 2014 on the european maritime and fisheries fund and repealing council regulations no 2328 / 2003 , no 861 / 2006 , no 1198 / 2006 and no 791 / 2007 and regulation no 1255 / 2011 of the european parliament and of the council . ### in order to provide legal certainty , it is appropriate to clarify that temporary and permanent cessation measures that have been adopted in order to attain the objectives of the plan provided for in this regulation can be deemed eligible for support under regulation no 508 / 2014 of the european parliament and of the council32 . _________________ 32 regulation no 508 / 2014 of the european parliament and of the council of 15 may 2014 on the european maritime and fisheries fund and repealing council regulations no 2328 / 2003 , no 861 / 2006 , no 1198 / 2006 and no 791 / 2007 and regulation no 1255 / 2011 of the european parliament and of the council .


### ‘ range of fmsy’ means a range of values provided in the best available scientific advice , in particular by the scientific advice from the scientific , technical and economic committee for fisheries , where all levels of fishing mortality within that range result in maximum sustainable yield in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stocks in question . it is derived to deliver no more than a 5 % reduction in long - term yield compared to the msy . it is capped so that the probability of the stock falling below the limit reference point is no more than 5 % ; ### ‘ range of fmsy’ means a range of values provided in the best available scientific advice where all levels of fishing mortality within that range result in maximum sustainable yield in the long term given a fishing pattern and under existing average environmental conditions without significantly affecting the reproduction process for the stocks in question . it is derived to deliver no more than a 5 % reduction in long - term yield compared to the msy . it is capped so that the probability of the stock falling below the limit reference point is no more than 5 % ;


### ‘ blim’ means the limit reference point , expressed as spawning stock biomass and provided in the best available scientific advice , in particular by stecf , below which there may be reduced reproductive capacity ; ### ‘ blim’ means the limit reference point , expressed as spawning stock biomass and provided in the best available scientific advice , below which there may be reduced reproductive capacity ;


### ‘ bpa’ means the precautionary reference point , expressed as spawning stock biomass and provided in the best available scientific advice , in particular by stecf , which ensures that the spawning stock biomass has less than 5 % probability of being below blim ; ### ‘ bpa’ means the precautionary reference point , expressed as spawning stock biomass and provided in the best available scientific advice , which ensures that the spawning stock biomass has less than 5 % probability of being below blim ;


### the ranges of fmsy shall be requested , in particular from stecf , based on this plan . ### the ranges of fmsy shall be requested , in particular from stecf or the gfcm , based on this plan .


### the european union is built on solidarity , among its citizens and among its member states . this common value guides its actions and provides the necessary unity to cope with current and future societal challenges , which young europeans are willing to help address by expressing their solidarity in practice . ### the european union is built on solidarity , among its citizens , among its member states as well as ' between their peoples while respecting their history , their culture and their traditions ' , as set out by the preamble of the treaty on the european union . this common value of solidarity guides the actions of the union and provides the necessary unity to cope with current and future common good challenges , which young europeans are willing to help address by expressing their solidarity in practice .


### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby improving their employability . those activities would also support the mobility of young volunteers , trainees and workers . ### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , artistic , linguistic , cultural , civic and professional development , thereby improving their employability . those activities would also support the mobility of young volunteers , trainees and workers .


### to ensure the impact of european solidarity corps placements on the personal , educational , social , civic and professional development of the participants , the knowledge , skills and competences that are the learning outcomes of the placement should be properly identified and documented , in accordance with national circumstances and specificities , as recommended in the council recommendation of 20 december 2012 on the validation of non - formal and informal learning22 . __________________ 22 council recommendation of 20 december 2012 on the validation of non - formal and informal learning , oj c 398 , 22 . 12 . 2012 , p . 1 . ### to ensure the impact of european solidarity corps placements on the personal , educational , artistic , social , civic and professional development of the participants , the knowledge , skills and competences that are the learning outcomes of the placement should be properly identified and documented , in accordance with national circumstances and specificities , as recommended in the council recommendation of 20 december 2012 on the validation of non - formal and informal learning22 . __________________ 22 council recommendation of 20 december 2012 on the validation of non - formal and informal learning , oj c 398 , 22 . 12 . 2012 , p . 1 .


### “volunteering” means a full - time32 unpaid voluntary service for a period of up to twelve months , which provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out , including a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day . ### “volunteering placement” means a full - time32 unpaid voluntary service for a period of up to twelve months , which , as a primary goal , provides young people with the opportunity to contribute to the daily work of organisations active in solidarity - related fields , to the ultimate benefit of the communities within which the activities are carried out and includes , as a secondary goal , a solid learning and training dimension in order to enable the young volunteer to gain skills and competences , which will be useful for their personal , educational , artistic , social and professional development , and which will also contribute to improving their employability ; __________________ 32 as a general principle , an activity carried out continuously , 5 days a week for 7 hours a day .


### for aerodromes , safety - critical aerodrome equipment , the operation of aerodromes and the provision of ground handling and apron management services at aerodromes , the commission shall be empowered to adopt delegated acts in accordance with article 117 to lay down detailed rules with regard to : ### for aerodromes , safety - critical aerodrome equipment , the operation of aerodromes and the provision of ground handling and apron management services at aerodromes , the commission shall be empowered to adopt implementing acts in accordance with article 117 to lay down detailed rules with regard to :


### the national competent authority of the member state where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in article 30 and the certificate for an organisation responsible for the operation of an aerodrome referred to in article 32 . the certificate for an organisation responsible for the operation of an aerodrome may be either combined with the certificate for an aerodrome or issued separately . ### the national competent authority of the member state where the aerodrome is located shall be responsible for those tasks with respect to the aerodrome certificate referred to in article 30 and the certificate for an organisation responsible for the operation of an aerodrome referred to in article 32 .


### an organisation may request the agency to act as the competent authority responsible for the certification , oversight and enforcement with respect to that organisation , in deviation from article 51 , where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of chapter iii to the national competent authority from one member state , but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other member states . ### with the agreement of the national competent authority of the member state of establishment , an organisation may request the agency to act as the competent authority responsible for the certification , oversight and enforcement with respect to that organisation , in deviation from article 51 , where that organisation holds or is eligible to apply for a certificate in accordance with the provisions of chapter iii to the national competent authority from one member state , but it has or it intends to have substantial facilities and personnel covered by that certificate located in one or more other member states .


### cooperate with other union institutions , bodies , offices and agencies in areas where their activities relate to technical aspects of civil aviation . ### cooperate with other union institutions , bodies , offices and agencies in areas where their activities relate to technical aspects of civil aviation . in these cases , the costs of such activities shall not be borne by easa .


### the agency shall , upon request , assist the commission in the implementation of regulation no 2111 / 2005 by conducting the necessary assessments , including on - site visits , of third country operators and authorities responsible for their oversight . it shall provide the results of those assessments , with appropriate recommendations , to the commission . ### the agency shall , upon request , assist the commission in the implementation of regulation no 2111 / 2005 by conducting all the necessary safety assessments , including on - site visits , of third country operators and authorities responsible for their oversight . it shall provide the results of those assessments , with appropriate recommendations , to the commission .


### the agency shall , upon request , provide technical assistance to the commission , where the agency has the relevant expertise , in the implementation of the single european sky , in particular by : ### the agency shall , upon request , and within its field of competence , provide technical assistance to the commission , where the agency has the relevant expertise , in the implementation of the single european sky , in particular by :


### the agency may establish local offices in the member states , subject to their consent and in accordance with article 91 . ### the agency may establish local offices in the member states or , where appropriate , in third countries , in accordance with article 91 .


### the advisory body referred to in article 85 shall appoint four of its members to participate with observer status in the management board . they shall represent , as broadly as possible , the different views represented in the advisory body . the term of office shall be 24 months and shall be extendable once for a further 24 months . ### the advisory body referred to in article 85 shall appoint four of its members to participate with observer status in the management board . they shall represent , as broadly as possible , the different views represented in the advisory body . the term of office shall be 48 months and shall be extendable .


### not later than [ five years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the commission shall commission an evaluation in compliance with the commission guidelines to assess the agency ' s performance in relation to its objectives , mandate and tasks . the evaluation shall , in particular , address the possible need to modify the mandate of the agency , and the financial implications of any such modification . ### not later than [ five years after the date referred to in article 127 &#8211 ; op please insert the exact date ] , and every five years thereafter , the management board shall commission an independent external evaluation in compliance with the commission guidelines to assess the implementation of this regulation . the evaluation shall , in particular , examine how effectively the agency is fulfilling its mission and address the possible need to modify the mandate of the agency , and the financial implications of any such modification . the evaluation shall take into account the views of stakeholders at both european and national level .


### categories of aircraft to which the regulation does not apply : ### categories of manned aircraft to which the regulation does not apply :


### manned aircraft at least 51 % of which is built by an amateur , or a non - profit making association of amateurs , for their own purposes and without any commercial objective ; ### aircraft at least 51 % of which is built by an amateur , or a non - profit making association of amateurs , for their own purposes and without any commercial objective ;


### all pilots must periodically demonstrate medical fitness to satisfactorily execute their functions , taking into account the type of activity . compliance must be shown by appropriate assessment based on aero - medical best practice , taking into account the type of activity and the possible mental and physical degradation due to age . ### all pilots must be medically fit to perform their functions safely , taking into account the nature of the activity and physical degradation due to age . in the case of commercial pilots , a certificate shall be issued after compliance with the relevant requirements has been established . this shall be determined by risk based assessment , in accordance with aero medical best practice .


### the geographical scope of the multiannual plan should be based on the geographical distribution of stocks indicated in the latest scientific stock advice provided by ices . future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of stocks . therefore , the commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ices indicates a change in the geographical distribution of the relevant stocks . ### the geographical scope of the multiannual plan should be based on the geographical distribution of stocks in union waters indicated in the latest scientific stock advice provided by ices . future changes to the geographical distribution of stocks as set out in the multiannual plan may be needed either due to improved scientific information or due to migration of stocks . therefore , the commission should be empowered to adopt delegated acts adjusting the geographical distribution of stocks set out in the multiannual plan if the scientific advice provided by ices indicates a change in the geographical distribution of the relevant stocks .


### the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in article 1 shall be requested from ices based on this plan : ### the following conservation reference points to safeguard the full reproductive capacity of the stocks referred to in article 1 shall , based on this plan , be requested from ices :


### specifications of characteristics of fishing gears and rules governing their use , to ensure or improve selectivity , to reduce unwanted catches or to minimise the negative impact on the ecosystem ; ### specifications of characteristics of fishing gears and rules governing their use , to ensure or improve selectivity , to reduce unwanted catches , particularly of juveniles , or to minimise the negative impact on the ecosystem ;


### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to the achievement of the sustainable development goal . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action . ### a new results - oriented partnership framework with third countries which takes account of all union policies and instruments should be developed . as part of that new partnership framework , the external investment plan should be established in order to support investments in regions outside the union , while contributing to inclusive and sustainable development , wealth creation and to the achievement of the sustainable development goals . it should also fulfil the objectives of the 2030 agenda for sustainable development and the objectives pursued by the other financing instruments for external action .


### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector directed to refugees and host communities . therefore , an assessment of the contribution of eib financing operations addressing root causes of migration should be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations . ### the eib should develop and implement a set of indicators in its results measurement framework for projects in the public sector and in the private sector directed to refugees and host communities . therefore , an assessment of the contribution of eib financing operations addressing root causes of migration should be included in the commission ' s annual reporting to the european parliament and to the council on eib financing operations ; ensuring full accountability and transparency .


### the list of eligible regions and countries and potentially eligible regions and countries should be modified in order to exclude high income countries with high credit rating . in addition , iran is to be added to the list of potentially eligible regions and countries . ### the list of eligible regions and countries and potentially eligible regions and countries should be designed in order to achieve the greatest development impact and modified in order to exclude high income countries with high credit rating . in addition , iran is to be added to the list of potentially eligible regions and countries .


### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ; ### to ensure that private sector investments have the greatest development impact , the eib shall endeavour to strengthen the local private sector and contribute to creating favourable conditions for private enterprise and investment in beneficiary countries through support to local investment as provided for in point of paragraph 1 . eib financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also enhance its support to investment projects run by smes from the union . eib financing operations shall contribute to improving market access for smes in union third country partner countries and their integration into global value chains and shall further contribute to enhancing union companies’ internationalisation and competitiveness . in order to effectively monitor the use of funds for the benefit of the smes concerned , the eib shall establish and maintain adequate contractual provisions imposing standard reporting obligations on both the financial intermediaries and the beneficiaries ;


### a market surveillance authority that enters into a partnership arrangement under paragraph 1 may charge the economic operator fees representing the costs reasonably incurred by the authority in the exercise of its functions under paragraphs 1 and 2 . ### a market surveillance authority that enters into a partnership arrangement under paragraph 1 shall not provide such services on a commercial or competitive basis .


### each member state shall draw up a national market surveillance strategy , as a minimum , every 3 years . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . ### each member state shall draw up a national market surveillance strategy , as a minimum , every 4 years , in view of the rapid market evolutions and new emerging risks . the strategy shall promote a consistent , comprehensive and integrated approach to market surveillance and enforcement of union harmonisation legislation within the territory of the member state and shall include all sectors and stages of the product supply chain , including imports and digital supply chains . in establishing their national market surveillance strategies , the member states shall consult stakeholders and make their comments available to the general public .


### member states shall communicate their national market surveillance strategy through the system referred to under article 34 . ### member states shall communicate their national market surveillance strategy through the system referred to under article 34 , and shall make it available to the general public .


### the power to have access to any relevant document , data or information related to an instance of non - compliance , in any form or format and irrespective of its storage medium or the place where it is stored ; ### the power to require economic operators to make available to them such documentation , information and other technical specifications , including access to software and algorithms , that the authorities consider necessary for the purpose of carrying out the market surveillance activities ;


### the extended efsi should address remaining market failures and sub - optimal investment situations and continue to mobilise private sector financing in investments crucial for europe’s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union ' s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ### the extended efsi should address the noticeable weaknesses in its functioning thus far , notably the geographical concentration of investment whereby after the first year of operations 92 per cent of the efsi related investment landed in the eu - 15 countries whilst the eu - 13 countries received just 8 per cent . 1a the undeserving of the eu - 13 countries has a potential to widen social and economic disparities between the eu ' s western and eastern regions . the extended efsi should thus strongly address its objective of strengthening of the union ' s economic , social and territorial cohesion . efsi should continue mobilising private sector financing in investments crucial for europe ' s future job creation – including for the youth – , growth and competitiveness with strengthened additionality . they include investments in the areas of energy , environment and climate action , social and human capital and related infrastructure , healthcare , research and innovation , cross - border and sustainable transport , as well as the digital transformation . in particular , the contribution of operations supported by the efsi to achieving the union ' s ambitious targets set at the paris climate conference should be reinforced . energy interconnection priority projects and energy efficiency projects should also be increasingly targeted . in addition , efsi support to motorways should be avoided , unless it is needed to support private investment in transport in cohesion countries or in cross - border transport projects involving at least one cohesion country . for reasons of clarity , although they are already eligible , it should be explicitly laid down that projects in the fields of agriculture , fishery and aquaculture come within the general objectives eligible for efsi support . ________________ 1a european investment bank evaluation of the functioning of the european fund for strategic investments , september 2016 . available at : http : / / www . eib . org / attachments / ev / ev_evaluation_efsi_en . pdf [ accessed 24 january 2017 ]


### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union . ### additionality , a key feature of the efsi , should be strengthened in the selection of projects . in particular , operations should only be eligible for efsi support if they address clearly identified market failures or sub - optimal investment situations and support the fund ' s other objectives including strengthening the union ' s economic , social and territorial cohesion . operations in infrastructure under the infrastructure and innovation window linking two or more member states , including e - infrastructure , should be considered additional given their inherent difficulty and their high added value for the union .


### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget , such as those available under the connecting europe facility , and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable . ### due to their potential to increase the efficiency of the efsi intervention , blending operations combining non - reimbursable forms of support and / or financial instruments from the union budget , such as those available under the connecting europe facility , european structural and investment funds and financing from eib group , including eib financing under the efsi , as well as other investors should be encouraged . blending aims to enhance the value added of union spending by attracting additional resources from private investors and to ensure the actions supported become economically and financially viable . coherence and synergies between all eu forms of support should be ensured .


### in order to reinforce the take - up of the efsi in less - developed and transition regions , the scope of the general objectives eligible for efsi support should be enlarged . ### in order to reinforce the take - up of the efsi in less - developed and transition regions and to correct efsi ' s current underserving of the eu - 13 countries , the scope of the general objectives eligible for efsi support should be enlarged .


### the european investment advisory hub should be enhanced and its activities should focus on needs not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states and projects that contribute to achieving the objectives of cop21 . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the combination of other sources of union funding with the efsi . ### the european investment advisory hub should be enhanced and its activities should focus on needs , sectors and regions not covered adequately under current arrangements . it should pay particular attention to supporting the preparation of projects involving two or more member states projects that contribute to achieving the objectives of cop21 , as well as projects in sustainable transport . notwithstanding its objective to build upon existing advisory services of the eib and the commission , so to act as a single technical advisory hub for project financing within the union , the eiah should also contribute actively to the objective of sectorial and geographical diversification of the efsi and support the eib where needed in originating projects . it should also actively contribute to the establishment of investment platforms and provide advice on the blending of other sources of union funding with the efsi in order to achieve synergies between the different sources of eu support .


### leveraging local knowledge to facilitate efsi support across the union and contributing where possible to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ; ### ' leveraging local knowledge to facilitate efsi support across the union and contributing to the objective of sectorial and geographical diversification of the efsi referred to in section 8 of annex ii by supporting the eib to originate operations ; ' ;


### with a view to expediting the procedure for the verification and withdrawal of documents in case of fraud and error , it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal . where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between member states concerning the determination of the applicable legislation , it is in the interest of the member states and the persons concerned that the institutions concerned reach an agreement within a reasonable period of time . ### with a view to expediting the procedure for the verification and withdrawal of documents in case of fraud and error , it is necessary to strengthen the collaboration and the exchange of information between the issuing institution and the institution requesting a withdrawal . where there is doubt about the validity of a document or about the correctness of supporting evidence or where there is a difference of views between member states concerning the determination of the applicable legislation , it is in the interest of the member states and the persons concerned that the institutions concerned reach an agreement within one month .


### the european environment agency aims to support sustainable development and to help achieve significant and measurable improvement in europe’s environment by providing timely , targeted , relevant and reliable information to policy - makers , public institutions and the public . the european environment agency should assist the commission , as appropriate in accordance with its annual work programme . ### the european environment agency aims to support sustainable development and to help achieve significant and measurable improvement in europe’s environment by providing timely , targeted , relevant and reliable information to policy - makers , public institutions and the public . the european environment agency should assist the commission , as appropriate in accordance with its annual work programme and contribute directly and effectively to coping with climate change .


### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that : ### to the extent that a member state ' s emissions exceed its annual emission allocations for a given year , a quantity up to the sum of total net removals and total net emissions from the combined accounting categories of deforested land , afforested land , managed cropland and managed grassland referred to in article 2 of regulation [ ] [ lulucf ] or a quantity based on article 11 of regulation [ ] [ lulucf ] may be taken into account for its compliance under article 9 of this regulation for that year , provided that :


### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills , making growth more inclusive and by improving employment and social policies , including in view of labour mobility . ### the union is confronted with structural challenges arising from economic globalisation , the management of migration flows and the increased security threat , clean energy transition , technological change and an increasingly ageing workforce and growing skills and labour shortages in some sectors and regions , experienced especially by smes . taking into account the changing realities of the world of work , the union should be prepared for the current and future challenges by investing in relevant skills including through life long learning , making growth more inclusive and by improving employment , education and social policies , including in view of labour mobility .


### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility . ### the esf + should support member states’ efforts to tackle poverty with a view to breaking the cycle of disadvantage across generations and promote social inclusion by ensuring equal opportunities for all , tackling discrimination and addressing health inequalities . this implies mobilising a range of policies targeting the most disadvantaged people regardless of their age , including children , marginalised communities such as the roma , and the working poor . the esf + should promote the active inclusion of people far from the labour market with a view to ensuring their socio - economic integration . the esf + should be also used to enhance timely and equal access to affordable , sustainable and high quality services such as culture , healthcare and long - term care , in particular family and community - based care services . the esf + should contribute to the modernisation of social protection systems with a view in particular to promoting their accessibility and fair conditions for self - employed workers .


### lack of access to finance for microenterprises , social economy and social enterprises is one of the main obstacles to business creation , especially among people furthest from the labour market . the esf + regulation lays down provisions in order to create a market eco - system to increase the supply of and access to finance for social enterprises as well as to meet demand from those who need it most , and in particular the unemployed , women and vulnerable people who wish to start up or develop a microenterprise . this objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the investeu fund . ### lack of access to finance for microenterprises , social economy and social and cultural enterprises is one of the main obstacles to business creation , especially among people furthest from the labour market . the esf + regulation lays down provisions in order to create a market eco - system to increase the supply of and access to finance for social and cultural enterprises as well as to meet demand from those who need it most , and in particular the unemployed , women and vulnerable people who wish to start up or develop a microenterprise . this objective will also be addressed through financial instruments and budgetary guarantee under the social investment and skills policy window of the investeu fund .


### a smarter europe through the development of skills for smart specialisation , skills for key enabling technologies , industrial transition , sectorial cooperation on skills and entrepreneurship , the training of researchers , networking activities and partnerships between higher education institutions , vocational and educational training institutions , research and technological centres and enterprises and clusters , support to micro , small and medium sized enterprises and the social economy ; ### a smarter europe through the development of skills for smart specialisation and cultural competences , skills for key enabling technologies , industrial transition , sectorial cooperation on skills and entrepreneurship , the training of researchers , networking activities and partnerships between higher education institutions , vocational and educational training institutions , research and technological centres and enterprises and clusters , support to micro , small and medium sized enterprises and the social economy ;


### article 8 the provisions of articles 2 to 7 shall apply to the advocates - general . ### article 8 is replaced by the following : ' article 8 the provisions of articles 2 to 7 shall apply to the advocates general mutatis mutandis . '


### having regard to the treaty on the functioning of the european union , and in particular article 42 , article 43 , article 91 , article 100 , article 173 , article 175 , article 188 , article 192 , article 194 , article 195 and article 349 thereof , ### having regard to the treaty on the functioning of the european union , and in particular article 13 , 42 , article 43 , article 91 , article 100 , article 173 , article 175 , article 188 , article 192 , article 194 , article 195 and article 349 thereof ,


### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] . ### the multiannual financial framework set out in regulation xx / xx6 provides that the union budget must continue to support fisheries and maritime policies . the emff multiannual budget should amount , in current prices , to eur 6 140 000 000 . emff resources should be split between shared , direct and indirect management . eur 5 311 000 000 should be allocated to support under shared management and eur 829 000 000 to support under direct and indirect management . in order to ensure stability in particular with regard to the achievement of the objectives of the cfp , the definition of national allocations under shared management for the 2021 - 2027 programming period should be based on the emff 2014 - 2020 shares . specific amounts should be reserved for the outermost regions , control and enforcement and collection and processing of data for fisheries management and scientific purposes , while amounts for permanent cessation and extraordinary cessation of fishing activities should be capped . _________________ 6 oj c [ … ] , [ … ] , p . [ … ] .


### the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the areas of support identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp . ### due to the current challenges that fisheries and maritime policies face , the new emmf should in particular be realistically available for beneficiaries . therefore , the emff beyond 2020 should be based on a simplified architecture without predefining measures and detailed eligibility rules at union level in an overly prescriptive manner . instead , broad areas of support should be described under each priority . member states should thus draw up their programme indicating therein the most appropriate means for achieving the priorities . a variety of measures identified by the member states in those programmes might be supported under the rules set out in this regulation and in regulation no [ regulation laying down common provisions ] , provided they are covered by the priorities identified in this regulation . however , it is necessary to set out a list of ineligible operations so as to avoid detrimental impacts in terms of fisheries conservation , for example a general prohibition of investments enhancing fishing capacity . moreover , investments and compensations for the fleet should be strictly conditional on their consistency with the conservation objectives of the cfp .


### it should be possible for the emff to support innovation and investments on board fishing vessels in order to improve health , safety and working conditions , energy efficiency and the quality of catches . such support should , however , not lead to an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under union or national law . under the architecture with no prescriptive measures , it should be up to member states to define the precise eligibility rules for those investments . with regard to health , safety and working conditions on board fishing vessels , a higher aid intensity rate than the one that applies to other operations should be allowed . ### it should be possible for the emff to support innovation and investments on board fishing vessels in order to improve health , safety and working conditions , energy efficiency , animal welfare and the quality of catches . such support should , however , not lead to an increase of fishing capacity or ability to find fish and should not be granted simply for complying with requirements that are obligatory under union or national law . under the architecture with no prescriptive measures , it should be up to member states to define the precise eligibility rules for those investments . with regard to health , safety and working conditions on board fishing vessels , a higher aid intensity rate than the one that applies to other operations should be allowed .


### support under the emff shall contribute to the achievement of the environmental and climate change mitigation and adaptation objectives of the union . that contribution shall be tracked in accordance with the methodology set out in annex iv . ### support under the emff shall contribute to meeting the needs of both producers and consumers . support under the emff shall contribute to the achievement of the environmental and climate change mitigation and adaptation objectives of the union . that contribution shall be tracked in accordance with the methodology set out in annex iv .


### the financial envelope for the implementation of the emff for the period 2021 - 2027 shall be eur 6 140 000 000 in current prices . ### the financial envelope for the multiannual implementation of the emff for the period 2021 - 2027 shall be eur 6 140 000 000 in current prices .


### an application submitted by a beneficiary for support from the emff shall be inadmissible for an identified period of time laid down pursuant to paragraph 4 , if it has been determined by the competent authority that the beneficiary concerned : ### an application submitted by an applicant for support from the emff shall be inadmissible for an identified period of time laid down pursuant to paragraph 4 , if it has been determined by the competent authority that the applicant concerned :


### support under this chapter shall contribute to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 . ### support under this chapter shall contribute fully to the achievement of the environmental , economic , social and employment objectives of the cfp , as set out in article 2 of regulation no 1380 / 2013 , and encourage social dialogue between stakeholders .


### compensations to fishers for the collection of lost fishing gears and marine litter from the sea ; ### compensations to both commercial and recreational fishers or any non - governmental and civil society initiatives for the collection of lost fishing gears and marine litter at sea ;


### the emff may support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it may also support animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32 and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation no 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec . ### the emff shall support the promotion of a sustainable aquaculture as provided for in article 34 of regulation no 1380 / 2013 . it shall also support animal health and welfare in aquaculture in accordance with regulation no 2016 / 429 of the european parliament and of the council32 and regulation no 652 / 2014 of the european parliament and of the council33 . _________________ 32 regulation no 2016 / 429 of the european parliament and of the council of 9 march 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health . 33 regulation no 652 / 2014 of the european parliament and of the council of 15 may 2014 laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material , amending council directives 98 / 56 / ec , 2000 / 29 / ec and 2008 / 90 / ec , regulations no 178 / 2002 , no 882 / 2004 and no 396 / 2005 of the european parliament and of the council , directive 2009 / 128 / ec of the european parliament and of the council and regulation no 1107 / 2009 of the european parliament and of the council and repealing council decisions 66 / 399 / eec , 76 / 894 / eec and 2009 / 470 / ec .


### the emff may support investments in the processing of fishery and aquaculture products . such support shall contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 . ### the emff may support investments in the processing of fishery and aquaculture products . such support shall contribute to the achievement of the objectives of the common organisation of the markets in fishery and aquaculture products as provided for in article 35 of regulation no 1380 / 2013 and further specified in regulation no 1379 / 2013 . objectives and measures referenced here in article 8 for aquaculture operators and producer organisations may also be undertaken by processors with the emff .


### the regulation should ensure that accessible format copies of books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be exported to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union . ### the regulation should ensure that accessible format copies of books , journals , newspapers , magazines and other writings , sheet music and other print material , which have been made in any member state in accordance with the national provisions adopted pursuant to directive [ … ] may be disseminated and exported to third countries that are parties to the marrakesh treaty . accessible formats include braille , large print , adapted e - books , audio books and radio broadcasts . the distribution , communication or making available of accessible format copies to print disabled persons or to authorised entities in the third country should only be carried out on a non - profit basis by authorised entities established in the union .


### the united nations convention on the rights of persons with disabilities , to which the eu is a party , guarantees people with disabilities the right of access to information and the right to participate in cultural , economic and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials . ### the united nations convention on the rights of persons with disabilities , to which the eu is a party as of 21 january 2011 and which is binding for member states of the union , guarantees people with disabilities the right of access to information and to communication and the right to participate in cultural , economic , political , work and social life on an equal basis with others . the uncrpd requires parties to the convention to take all appropriate steps , in accordance with international law , to ensure that laws protecting intellectual property rights do not constitute an unreasonable or discriminatory barrier to access by persons with disabilities to cultural materials .


### ' work or other subject - matter ' means a work in the form of a book , journal , newspaper , magazine or other writing , including sheet music , and related illustrations , in any media , including in audio form such as audiobooks , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available ; ### ' work and other subject - matter ' means a literary , academic or artistic work in the form of text , notation and / or related illustrations , including sheet music , which is protected by copyright or related rights and which is published or otherwise lawfully made publicly available in books , e - books , journals , newspapers , magazines or other writings , and in any media form , including in audio form , such as audiobooks and radio broadcasts ;


### a person who has a perceptual or reading disability , including dyslexia , and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or ### a person who has a perceptual or reading disability , including dyslexia , or any other learning disability and is , as a result , unable to read printed works to substantially the same degree as a person without an impairment or disability ; or


### ‘ authorised entity’ means an organisation providing education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis , as its main activity or as one of its main activities or public - interest missions . ### ‘ authorised entity ' means an entity that is authorised or recognised by the government to provide education , instructional training , adaptive reading or information access to beneficiary persons on a non - profit basis . it also includes a government institution or non - profit organization that provides the same services to beneficiary persons as one of its primary activities or institutional obligations .


### it publishes and updates , on its website if appropriate , information on the manner in which it complies with the obligations laid down in points to . ### it publishes and updates , on its website or in a central register if appropriate , information on the manner in which it complies with the obligations laid down in points to .


### no sooner than [ five years after the date of application ] , the commission shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . ### by [ five years after the date of application ] , the commission &#8211 ; taking into account also technological developments in the context of accessibility &#8211 ; shall carry out an evaluation of this regulation and present the main findings to the european parliament , the council and the european economic and social committee , accompanied , where appropriate , by proposals for the amendment of this regulation . the commission ' s report shall take into account the viewpoints of relevant civil society actors , non - governmental organisations and social partners , including organisations of and by persons with disabilities and those representing older persons .