### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### the commission shall help states to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . in order to do so , it may carry out appropriate consultations , including at expert level , and shall without delay communicate all useful information to the member states .


### the commission shall report to the european parliament and the council on the relevant icao standards or other legal instruments as well as on domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and on other relevant international developments . ### the member states shall note the relevant icao standards or other legal instruments as well as relevant domestic measures taken by third countries to implement the global market - based measure to be applied to emissions from 2021 , and other relevant international developments . in view of the legitimacy of icao and its decisions , the commission shall note the general environmental ambition of the global market - based measure . the commission may possibly formulate ideas to be considered for the future concerning the level of participation , applicability , transparency , penalties for non - compliance , procedures for public input , quality of offset credits , monitoring , reporting and verification of emissions , registries and rules on the use of biofuels . however , it is not the role of the commission to assess the legitimacy or relevance of the methods and procedures of icao ' s global market - based measure or their environmental integrity and regulatory soundness .


### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to adopt non - legislative acts of general application to supplement or amend certain non - essential elements of a legislative act , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt measures for the monitoring , reporting and verification of emissions applicable to aircraft operators for the purpose of the global market - based measure being elaborated in icao . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , particularly at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts , in order to make the decision - making process more transparent and more efficient .


### the delegation of powers referred to in article 4 shall be conferred for an indeterminate period of time from [ xx - xx - xxx ] onwards . ### the power to adopt delegated acts referred to in article 9 shall be conferred on the commission for a period of five years from [ xx - xx - xxx ] . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### in order to maintain the high quality of the data provided by the member states , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission , with a view to adjusting the thresholds that may apply to the natural gas market . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and council . ### the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of granting temporary derogations in relation to specific obligations for which the application of this regulation to the national statistical system of a member state requires major adaptations and is likely to lead to a additional burden on respondents . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of … [ date ] . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### member states should take all necessary measures to return illegally staying third - country nationals in an effective and proportionate manner , in accordance with the provisions of directive 2008 / 115 / ec . ### member states must take all necessary measures to return illegally staying third - country nationals in an effective manner .


### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , the indirect fee to be charged shall cover all the costs of port reception facilities for this waste , in order to ensure a right of delivery without any additional direct charges ; ### in order to provide for a maximum incentive for the delivery of waste as defined in annex v to the marpol convention , including the waste that has been collected in nets during fishing operations , fishermen shall be exempted from the port fee if they have undertaken to bring back all the waste caught at sea , including lost fishing gear ;


### the commission shall ensure that the european union agency for asylum and the european border and coast guard agency are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the commission shall consult the european border and coast guard agency and the european union agency for asylum on the draft programmes to ensure consistency and complementarity of the actions of the agencies and those of the member states . ### the council shall ensure that the national customs authorities and the services responsible for border guards or coast guards in the member states are associated to the process of developing the programmes at an early stage , as regards the areas of their competence . the council shall consult the national customs authorities and the services responsible for border guards or coast guards in the member states on the draft programmes to ensure consistency and complementarity of the actions of the union and those of the member states .


### the union has been developing its own space initiatives and programmes since the end of the 1990s , namely the european geostationary navigation overlay service and then galileo and copernicus , which respond to the needs of union citizens and the requirements of public policies . not only should the continuity of those initiatives be ensured but they must also be improved , so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains , meet the new needs of users and are able to meet political priorities such as climate change , including monitoring changes in the artic , security and defence . ### the union has been developing its own space initiatives and programmes since the end of the 1990s , namely the european geostationary navigation overlay service and then galileo and copernicus , which respond to the needs of union citizens and the requirements of public policies . not only should their continuity be ensured , but those initiatives , which in some cases have fallen a long way behind , must also be improved , so that they remain at the forefront in view of new technology development and the transformations in the digital and information and communications technology domains , meet the new needs of users and are able to meet political priorities such as climate change , including monitoring changes in the arctic , security and defence .


### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs may be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment . ### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs should be established on any reasonable basis , including information from other representative markets , from international prices or benchmarks or from markets in the union . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission’s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report . in any event , the european commission shall carry out a review of the report every two years .


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


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


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


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


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , any review pursuant to this paragraph shall be deferred to the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of new paragraph 7 of article 2 shall not replace the original methodology used for the determination of the normal value until the later of the date on which the first expiry review of these measures , following two years after the entry into force of this regulation .


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


### the parties to the investigation shall be informed shortly after its initiation of the market economy third country envisaged and shall be given 10 days to comment . ### the parties to the investigation shall be informed shortly after its initiation of the appropriate representative country envisaged and shall be given 10 days to comment .


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


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


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


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


### this regulation shall apply to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force . ### this regulation shall apply to all investigations under article 5 of regulation 1036 / 2016 initiated , on or after the date on which this regulation enters into force . for all other investigations , this regulation shall apply from the date on which the first expiry review of the relevant measures , following the entry into force of this regulation is terminated .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the report should cover both sector / company specific and macro / systemic distortions , the latter being of particular importance for sectors with high share of smes . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based shall be placed on the file of any investigation relating to that country or sector . in the absence of a report the commission shall use any available information or data to establish the existence of one or more significant distortions and use the methodology referred to in point if the relevant requirements are met . at the initiation of an investigation related to imports from a country or sector in which the commission has well - founded indications of the possible existence of significant distortions , the commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties of the investigations . the definitive determinations made as to the existence of significant distortions for a country or sector shall take into account all of the relevant evidence on the file and shall be made by the commission no later than 45 days following initiation of an investigation . interested parties shall be given 10 days to comment on these determinations . any determination that significant distortions exist in a given country or sector shall stand as long as sufficient evidence has not conclusively shown that that country or sector is not anymore affected by significant distortions and shall remain in effect until revoked . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report .


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


### in the case of a transition from a normal value calculated pursuant to the former articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time shall be deemed to elapse on the date on which the first expiry review following such transition is initiated . ### where existing anti - dumping measures are based on a normal value calculated pursuant to the former articles 2 or 2 , the methodology of paragraphs to of article 2 shall not replace the original methodology used for the determination of the normal value until the date on which the first expiry review of those measures , following the entry into force of this regulation , is initiated .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation occurs when reported prices or costs , including the costs of raw materials and other factors of production , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that when assessing the existence of significant distortions , regard should be had , inter alia , to the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; a high degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; the existence of state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation system ; the absence or inadequate implementation of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the absence or inadequate implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortion .


### “4a . the information held in the register referred to in paragraph 3a of this article with respect to any other trusts than those referred to in article 7b of directive 2009 / 101 shall be accessible to any person or organisation that can demonstrate a legitimate interest . the information accessible to persons and organisations that can demonstrate a legitimate interest shall consist of the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as defined in article 3 . ### “4a . the information held in the register referred to in paragraph 3a of this article shall be accessible to the public in an open data format . the information accessible to the public shall consist of the name , the date of birth , the nationality and the country of residence of the beneficial owner as defined in article 3 , as well as the nature and extent of the beneficial interest held . member states shall ensure that , in exceptional circumstances and under specific terms to be laid down in national law , a settlor and / or a trustee may request national authorities not to make that information about the trust or legal arrangement in question publicly accessible , for the purpose of protecting the privacy of vulnerable beneficiaries . where the national authority agrees to that request , a statement shall be inserted in the public register stating that the available information on the trust or legal arrangement is incomplete . it shall always be possible to challenge such decisions .


### member states shall ensure that the beneficial ownership information referred to in paragraph 1 of this article shall also be made publicly available through the system of interconnection of registers referred to in article 4a . ### member states shall ensure that the beneficial ownership information referred to in paragraph 1 of this article shall also be made publicly available through the system of interconnection of registers referred to in article 4a , in open format , within the meaning of directive 2013 / 37 / eu amending directive 2003 / 98 / ec on the re - use of public sector information . access to the interconnection system and the registers of each member state shall not be subject to online registration or other restrictions of any kind , including fees or charges to cover administrative costs .


### the persons or organisations referred to in point shall access at least the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held . for the purposes of this paragraph , access to the information on beneficial ownership shall be in accordance with data protection rules and may be subject to online registration and to the payment of a fee . the fees charged for obtaining the information shall not exceed the administrative costs thereof . ### the second and third subparagraphs of paragraph 5 are replaced by the following : the information accessible to the public shall at least consist of the name , the date of birth , the nationality , the country of residence and the business address of the beneficial owner , as well as the nature and extent of the beneficial interest held , as defined in article 3 . for the purposes of this paragraph , access to the information on beneficial ownership by the public shall be in accordance with the relevant open data standards and the data protection rules . access shall not be further subject to online registration or other restrictions of any kind , including payment of fees or charges to cover the administrative costs thereof .


### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances and under the conditions laid down in national law , where an in - depth and reasoned assessment shows that the access referred to in paragraph 1 would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , in particular when the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of all or part of the information on the beneficial ownership , for a limited time of no more than a year , on a case - by - case basis . in cases in which such exemption is granted , the identity of the guardian / administrator / person exercising parental authority who is acting as representative of the beneficial owner must be clearly indicated in the register accessible to the public . the exemptions granted may be renewed following a review demonstrating that there is still a risk to the safety of the beneficial owner .


### member states shall ensure that the information on the beneficial ownership is accessible in all cases to : competent authorities and fius , without any restriction ; obliged entities , within the framework of customer due diligence in accordance with chapter ii ; any person or organisation that can demonstrate a legitimate interest ; the persons or organisations referred to in point shall access at least the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held . for the purposes of this paragraph , access to the information on beneficial ownership shall be in accordance with data protection rules and may be subject to online registration and to the payment of a fee . the fees charged for obtaining the information shall not exceed the administrative costs thereof . ### paragraph 5 is replaced by the following : ‘ 5 . member states shall ensure that the information on the beneficial ownership is accessible in all cases to : competent authorities and fius , without any restriction ; obliged entities , within the framework of customer due diligence in accordance with chapter ii ; the public the information accessible to the public shall consist of at least the name , the date of birth , the nationality , a business or service address and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held . for the purposes of this paragraph , access to the information on beneficial ownership shall be in accordance with both data protection rules and open data standards . ’ ;


### for the purposes of this article , a trust is considered to be administered in each member state where the trustees are established . ### for the purposes of this article , a trust , foundation or other legal entity with a similar structure and functions is considered to be administered , created or operating in each member state in which it has been constituted in accordance with the legislation of the member state , or in each member state where it has a connection , in that , for example , the trustees , beneficial owners or other natural persons involved in management and control are established or reside , or where it possesses activities , real or moveable property , bank accounts , shares , voting rights or holdings .


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


### member states shall ensure that this article applies to trusts and other types of legal arrangements having a structure or functions similar to trusts , such as , inter alia , fiducie , treuhand or fideicomiso . ### member states shall ensure that this article applies to trusts , foundations and other types of entity or legal arrangements , whether existing or future , having a similar structure or functions or aims , such as , inter alia , fiducie , treuhand or fideicomiso .


### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . exemptions shall never be indefinite and shall be reassessed at regular intervals to avoid abuse . when an exemption is granted , this shall be clearly noted in the register accessible to entities referred to in points and of article 30 of directive 2015 / 849 .


### the persons or organisations referred to in point shall access at least the name , the month and year of birth , the nationality and the country of residence of the beneficial owner as well as the nature and extent of the beneficial interest held . ### in paragraph 5 , the second subparagraph is deleted :


### at least 20% of expenditure under operational programs covers the interventions linked to the objectives referred to in points and of article 42 ; ### at least 10% of expenditure under operational programs covers the interventions linked to the objectives referred to in points , and of article 42 ;


### impact indicators related to the objectives set out in articles 5 and 6 and used in the context of the cap strategic plans and of the cap . ### impact indicators related to the objectives set out in articles 5 and 6 , but also taking into account external factors beyond the control of farmers and foresters , and used in the context of the cap strategic plans and of the cap .


### the managing authority of the cap strategic plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions : investments , installation of young farmers and rural business start - up , cooperation , knowledge exchange and information , after consultation of the monitoring committee referred to in article 111 . selection criteria shall aim to ensure equal treatment of applicants , better use of financial resources and targeting of the support in accordance with the purpose of the interventions . ### the managing authority of the cap strategic plan , including , if applicable , the regional rural development programmes , or other designated intermediate bodies , shall define selection criteria for interventions relating to the following types of interventions : investments , installation of young farmers and rural business start - up , cooperation , knowledge exchange and information , after consultation of the monitoring committee referred to in article 111 . selection criteria shall aim to ensure equal treatment of applicants , better use of financial resources and targeting of the support in accordance with the purpose of the interventions .


### the indicative financial allocations for the coupled income support interventions referred to in subsection 1 of section 2 of chapter ii of title iii , shall be limited to a maximum of 10% of the amounts set out in annex vii . ### the indicative financial allocations for the coupled income support interventions referred to in subsection 1 of section 2 of chapter ii of title iii , shall be limited to a maximum of 16% of the amounts set out in annex vii .


### the cap should ensure that member states increase the environmental delivery by respecting local needs and farmers ' actual circumstances . member states should under direct payments in the cap strategic plan set up eco - schemes voluntary for farmers , which should be fully coordinated with the other relevant interventions . they should be defined by the member states as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate or as a compensation for the introduction of these practices . in both cases they should aim at enhancing the environmental and climate performance of the cap and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality . member states may decide to set up eco - schemes for agricultural practices such as the enhanced management of permanent pastures and landscape features , and organic farming . these schemes may also include ‘ entry - level schemes’ which may be a condition for taking up more ambitious rural development commitments . ### the cap should ensure that member states increase the environmental delivery by respecting local needs and farmers ' actual circumstances . member states should under direct payments in the cap strategic plan set up eco - schemes voluntary for farmers , which should be fully coordinated with the other relevant interventions . they should be defined by the member states as a payment granted either for incentivising and remunerating the provision of public goods by agricultural practices beneficial to the environment and climate or as a compensation for the introduction of these practices . in both cases they should aim at enhancing the environmental and climate performance of the cap and should consequently be conceived to go beyond the mandatory requirements already prescribed by the system of conditionality . member states may decide to set up eco - schemes to promote production models that are beneficial for the environment , particularly extensive livestock rearing , and to promote all kinds of agricultural practices such as , among other measures , the enhanced management of permanent pastures , landscape features , and environmental certification schemes , such as organic farming , integrated production or conservation agriculture . these schemes may include measures of a type other than rural development environmental and climate commitments , as well as measures of the same type that may be classified as ‘ entry - level schemes’ which may be a condition for taking up more ambitious rural development commitments .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of basic income support to be granted to a farmer pursuant to this chapter for a given calendar year exceeding a financial ceiling set by the member state


### the indicative financial allocations for the coupled income support interventions referred to in subsection 1 of section 2 of chapter ii of title iii , shall be limited to a maximum of 10% of the amounts set out in annex vii . ### the indicative financial allocations for the coupled support interventions referred to in subsection 1 of section 2 of chapter ii of title iii shall be limited to a maximum of 13% of the amounts set out in annex vii .


### advisory services and technical assistance , in particular regarding climate change adaptation and mitigation ; ### advisory services and technical assistance ;


### member states may grant support for cooperation under the conditions set out in this article and as further specified in their cap strategic plans to prepare and to implement operational group projects of the european innovation partnership for agricultural productivity and sustainability as referred to in article 114 and leader , referred to as community - led local development in article 25 of regulation [ cpr ] , and to promote quality schemes , producer organisations or producer groups or other forms of cooperation . ### member states may grant support for cooperation under the conditions set out in this article and as further specified in their cap strategic plans to prepare and to implement operational group projects of the european innovation partnership for agricultural productivity and sustainability as referred to in article 114 , and to promote quality schemes , producer organisations or producer groups or other forms of cooperation .


### this regulation applies to union support financed by the eagf and the eafrd for interventions specified in a cap strategic plan drawn up by the member states and approved by the commission , covering the period from 1 january 2021 to 31 december 2027 . ### this regulation applies to union support financed by the eagf and the eafrd for interventions specified in a cap strategic plan drawn up by the member states and approved by the commission , covering the period from 1 january 2024 to 31 december 2030 .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of basic income support for sustainability to be granted to a farmer pursuant to this chapter for a given calendar year as further specified in their cap strategic plans :


### these payments may be granted to farmers , forest holders and other land managers in respect of areas with disadvantages referred to in paragraph 1 . ### these payments may be granted to farmers , groups and / or cooperatives of farmers , forest holders and groups and / or cooperatives of forest holders . in duly justified cases they may also be granted to other land managers .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of direct payments to be granted to a farmer pursuant to this chapter where that amount exceeds a threshold laid down for each country which cannot be less than eur&#160 ; 100&#160 ; 000 . the reduction must amount to at least 25% of the payments , up to a maximum of 100% .


### support should enable the establishment and implementation of cooperation between at least two entities in view of achieving cap objectives . support can entail all aspects of such cooperation , such as the setting up of quality schemes ; collective environmental and climate action ; the promotion of short supply chain and local markets ; pilot projects ; operational group projects within the eip for agricultural productivity and sustainability local development projects , smart villages , buyers ' clubs and machinery rings ; farm partnerships ; forest management plans ; networks and clusters ; social farming ; community supported agriculture ; actions within the scope of leader ; and the setting up of producer groups and producer organisations , as well as other forms of cooperation deemed necessary to achieve the specific objectives of the cap . ### support should enable the establishment and implementation of cooperation between at least two entities in view of achieving cap objectives . support can entail all aspects of such cooperation , such as the setting up of quality schemes ; collective environmental and climate action ; the promotion of short supply chain and local markets ; pilot projects ; operational group projects within the eip for agricultural productivity and sustainability local development projects , smart villages , buyers ' clubs and machinery rings ; farm partnerships ; forest management plans ; networks and clusters ; social farming ; community supported agriculture ; and the setting up of producer groups and producer organisations , as well as other forms of cooperation deemed necessary to achieve the specific objectives of the cap .


### young farmers and new entrants still face significant barriers regarding access to land , high prices and access to credit . their businesses are more threatened by price volatility and their needs in terms of training in entrepreneurial and risk management skills are high . it is therefore essential to continue the support for the setting up of new businesses and new farms . member states should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue . to this aim , member states may set in their cap strategic plans preferential conditions for financial instruments for young farmers and new entrants , and should include in their cap strategic plan the ring - fencing of at least an amount corresponding to 2% of the annual direct payments ' envelope . an increase of the maximum amount of aid for the installation of young farmers and rural business start - ups , up to eur 100 . 000 , which can be accessed also through or in combination with financial instrument form of support , should be established . ### young farmers and new entrants still face significant barriers regarding access to land , high prices and access to credit . their businesses are more threatened by price volatility and their needs in terms of training in entrepreneurial and risk management skills are high . it is therefore essential to continue the support for the setting up of new businesses and new farms . member states should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue . to this aim , member states may set in their cap strategic plans preferential conditions for financial programmes for young farmers and new entrants , incentives for farm partnership models , and should include in their cap strategic plan the ring - fencing of at least an amount corresponding to 3% of the annual direct payments ' envelope . an increase of the maximum amount of aid for the installation of young farmers and rural business start - ups , up to eur 100 . 000 , which can be accessed also through or in combination with financial instrument form of support , should be established .


### by 15 february 2023 and 15 february of each subsequent year until and including 2030 , the member states shall submit to the commission an annual performance report on the implementation of the cap strategic plan in the previous financial year . the report submitted in 2023 shall cover the financial years 2021 and 2022 . for direct payments as referred to in chapter ii of title iii , the report shall cover only financial year 2022 . ### by 15 may 2023 and 15 may of each subsequent year until and including 2030 , the member states shall submit to the commission an annual performance report on the implementation of the cap strategic plan in the previous financial year . the report submitted in 2023 shall cover the financial years 2021 and 2022 . for direct payments as referred to in chapter ii of title iii , the report shall cover only financial year 2022 .


### support viable farm income and resilience across the union to enhance food security ; ### support adequate farm income and resilience across the union to enhance food security ;


### improve the farmers ' position in the value chain ; ### improve the farmers ' position in the value chains ;


### member states may grant support for investments under the conditions set out in this article and as further specified in their cap strategic plans . ### member states may only grant support under this type of interventions for tangible and / or intangible investments , including in collective form and for collective use , which contribute to achieving the specific objectives set out in article 6 , especially with reference to boosting competitiveness .


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


### to foster a smart , resilient and diversified agricultural sector ensuring food security ; ### to foster a smart , resilient and diversified agricultural sector ensuring food sovereignty ;


### the farm advisory services shall cover economic , environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation . they shall be integrated within the interrelated services of farm advisors , researchers , farmer organisations and other relevant stakeholders that form the agricultural knowledge and innovation systems . ### the farm advisory services shall cover economic , environmental and social dimensions and deliver up to date technological and scientific information developed by research and innovation . they shall be integrated within the interrelated services of farm advisors , researchers , farmer organisations , cooperatives and other relevant stakeholders that form the agricultural knowledge and innovation systems .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of direct payments to be granted to a farmer only in respect of the part exceeding a set threshold determined by a member state for a given calendar year .


### in order to ensure uniform conditions for the implementation of this regulation and to avoid unfair competition or discrimination between farmers , implementing powers should be conferred on the commission as regards the fixing of reference areas for the support for oilseeds , rules for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and related notifications , the calculation of the reduction where the eligible area of cotton exceeds the base area , the union financial assistance for distillation of by - products of wine - making , the annual breakdown by member state of the total amount of union support for types of interventions for rural development , rules on the presentation of the elements to be included in the cap strategic plan , rules on the procedure and time limits for the approval of cap strategic plans and the submission and approval of requests for amendment of cap strategic plans , uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the cap strategic plans , rules relating to the performance , monitoring and evaluation framework , rules for the presentation of the content of the annual performance report , rules on the information to be sent by the member states for the performance assessment by the commission and rules on the data needs and synergies between potential data sources , and arrangements to ensure a consistent approach for determining the attribution of the performance bonus to member states . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council 22 . _________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation and to avoid unfair competition or discrimination between farmers , implementing powers should be conferred on the commission as regards the fixing of reference areas for the support for oilseeds , rules for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and related notifications , the calculation of the reduction where the eligible area of cotton exceeds the base area , the union financial assistance for distillation of by - products of wine - making , the annual breakdown by member state of the total amount of union support for types of interventions for rural development , rules on the presentation of the elements to be included in the cap strategic plan , rules on the procedure and time limits for the approval of cap strategic plans and the submission and approval of requests for amendment of cap strategic plans , uniform conditions for the application of the information and publicity requirements relating to the possibilities offered by the cap strategic plans , rules for the presentation of the content of the annual performance report , rules on the information to be sent by the member states for the performance assessment by the commission and rules on the data needs and synergies between potential data sources . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council 22 . _________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers .


### the use of common definitions entirely set at union level has caused certain difficulties for member states to cater their own specificities at national , regional , and local level . member states should therefore be given the flexibility to specify certain definitions in their cap strategic plan . in order to ensure a common level playing field , a certain framework has , however , to be set at union level constituting the necessary essential elements to be included in those definitions . ### the use of common definitions entirely set at union level has caused certain difficulties for member states to cater their own specificities at national , regional , and local level . member states should therefore be given a high degree of flexibility to specify certain definitions in their cap strategic plan . in order to ensure a common level playing field , a certain framework has , however , to be set at union level constituting the necessary essential elements to be included in those definitions .


### 70% of the eligible public expenditure in the outermost regions and in the smaller aegean islands within the meaning of regulation no 229 / 2013 ; ### 85% of the eligible public expenditure in the outermost regions and in the smaller aegean islands within the meaning of regulation no 229 / 2013 ;


### member states may provide for complementary income support for young farmers under the conditions set out in this article and as further specified in their cap strategic plans . ### member states shall provide for complementary income support for young farmers and new entrants under the conditions set out in this article and as further specified in their cap strategic plans .


### member states shall provide support for voluntary schemes for the climate and the environment under the conditions set out in this article and as further specified in their cap strategic plans . ### member states may operate voluntary schemes for the climate and the environment under the conditions set out in this article and as further specified in their cap strategic plans .


### these payments may be granted to farmers , forest holders and other land managers in respect of areas with disadvantages referred to in paragraph 1 . ### these payments may be granted to farmers , groups and / or cooperatives of farmers , forest holders and groups and / or cooperatives of forest holders . in duly justified cases they may also be granted to other land managers .


### member states shall establish an amount per hectare or different amounts for different ranges of hectares , as well as the maximum number of hectares per farmer for which the redistributive income support shall be paid . ### member states shall establish a redistributive payment equivalent to an amount per hectare or different amounts for different ranges of hectares , and may differentiate those amounts in accordance with the territories defined pursuant to article 18 . that amount shall not be greater than 25% of the basic income support for sustainability , in accordance with the national or territory average , defined in accordance with article 18 , multiplied by the number of eligible hectares declared by the farmer . the number of eligible hectares shall not exceed the maximum laid down by member states , which shall not be greater than 30 hectares or the national average size of farms or the average size in accordance with the territories defined pursuant to article 18 .


### member states shall ensure redistribution of support from bigger to smaller or medium - sized farms by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in article 17 . ### member states shall ensure fair redistribution of support by providing for a redistributive income support in the form of an annual decoupled payment per eligible hectare to farmers who are entitled to a payment under the basic income support referred to in article 17 .


### mechanisms should be in place to take action to protect the union’s financial interests in case the cap strategic plan implementation deviates significantly from the targets set . member states may thus be asked to submit action plans in case of significant and non - justified underperformance . this could lead to suspensions and , in the end , reductions of the union funds if the planned results are not achieved . moreover , an overall performance bonus is established as part of the incentive mechanism based on allocating the performance bonus , in view of encouraging good environmental and climate performances . ### mechanisms should be in place to take action to protect the union’s financial interests in case the cap strategic plan implementation deviates significantly from the targets set . member states may thus be asked to submit action plans in case of significant and non - justified underperformance . this could lead to suspensions and , in the end , reductions of the union funds if the planned results are not achieved .


### promoting , developing and implementing methods of production respectful of the environment , of animal welfare standards , pest resilient and environmentally sound cultivation practices , production techniques and production methods , environmentally sound use and management of by - products and waste , sustainable use of natural resources in particular protection of water , soil and other natural resources ; those objectives relate to the specific objectives set out in points and of article 6 ; ### increasing the commercial value and quality of products , including by improving product quality and developing products with a protected designation of origin , with a protected geographical indication or covered by a national quality schemes ; those objectives relate to the specific objective set out in point of article 6 ;


### in the process of development of their cap strategic plans , member states should analyse their specific situation and needs , set targets linked to the achievement of the objectives of the cap and design the interventions which will allow reaching these targets , while being adapted to the national and specific regional contexts , including the outermost regions pursuant to article 349 tfeu . such process should promote more subsidiarity within a common union framework , while compliance with the general principles of union law and the objectives of the cap should be ensured . it is therefore appropriate to set rules on the structure and content of the cap strategic plans . ### in the process of development of their cap strategic plans , member states should analyse their specific situation and needs , set targets linked to the achievement of the objectives of the cap and design the interventions which will allow reaching these targets , while being adapted to the national and specific regional contexts , including the outermost regions pursuant to article 349 tfeu . such process should promote more subsidiarity within a common union framework , while compliance with the general principles of union law and the objectives of the cap should be ensured . it is therefore appropriate to set rules on the structure and content of the cap strategic plans . in proceeding with cap strategic plans , it is necessary to ensure the involvement of farmers and farmers ' organisations at every stage .


### the estimated product of the reduction of payments shall primarily be used to contribute to the financing of the complementary redistributive income support for sustainability and thereafter of other interventions belonging to decoupled direct payments . ### the estimated product of the reduction of payments may primarily be used to contribute to the interventions belonging to decoupled direct payments .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to growing challenges such as rising regional and social disparities and climate change and opportunities as they manifest themselves at union , international , national , regional , rural , local and farm levels , it is necessary to improve the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance with funding also geared towards productivity and quality , the union should set the basic policy parameters , such as objectives of the cap including rural development and basic requirements , while member states should bear greater responsibility as to how they meet common objectives and achieve common eu , national and regional targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . in order to ensure that a renationalisation of the cap is avoided , a set of strong european union provisions should be included which are designed to prevent the distortion of competition and ensure non - discriminatory treatment for all throughout the territory of the european union .


### enhance market orientation and increase competitiveness , including greater focus on research , technology and digitalisation ; ### increase the focus on research , technology and digitalisation and on farmers’ access to innovations ;


### achievement of the objectives referred to in articles 5 and 6 shall be assessed on the basis of common indicators related to output , result and impact . the set of common indicators shall include : ### achievement of the objectives referred to in articles 5 and 6 shall be assessed on the basis of a return to decent incomes for farmers and improving food sovereignty for member states ;


### as many rural areas in the union suffer from structural problems such as lack of attractive employment opportunities , skill shortages , underinvestment in connectivity , infrastructures and essential services , as well as youth drain , it is fundamental to strengthen the socio - economic fabric in those areas , in line with the cork 2 . 0 . declaration , particularly through job creation and generational renewal , by bringing the commission ' s jobs and growth to rural areas , promoting social inclusion , generational renewal and the development of ‘ smart villages’ across the european countryside . as indicated in the communication on ‘ the future of food and farming’ , new rural value chains such as renewable energy , the emerging bio - economy , the circular economy , and ecotourism can offer good growth and job potential for rural areas . in this context , financial instruments and the use of the investeu guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises . there is a potential for employment opportunities in rural areas for legally staying third country nationals , promoting their social and economic integration especially in the framework of community - led local development strategies . ### as many rural areas in the union suffer from structural problems such as lack of attractive employment opportunities , skill shortages , underinvestment in connectivity , especially quality broadband services , infrastructures and essential services , as well as youth drain , it is fundamental to strengthen the socio - economic fabric in those areas , in line with the cork 2 . 0 . declaration , particularly through job creation and generational renewal , by bringing the commission ' s jobs and growth to rural areas , promoting social inclusion , generational renewal , greater inclusion of women in the rural economy , and the development of ‘ smart villages’ across the european countryside . as indicated in the communication on ‘ the future of food and farming’ , new rural value chains such as renewable energy , the emerging bio - economy , the circular economy , and ecotourism can offer good growth and job potential for rural areas . . in this context , financial instruments and the use of the investeu guarantee can play a crucial role for ensuring access to financing and for bolstering the growth capacity of farms and enterprises . there is a potential for employment opportunities in rural areas for legally staying third country nationals , promoting their social and economic integration especially in the framework of community - led local development strategies .


### the reductions referred to in paragraph 6 shall be based on objective and non - discriminatory criteria . without prejudice to the minimum set in accordance with paragraph 5 , such criteria may include the fixing of a maximum decrease that may not be lower than 30% . ### the reductions referred to in paragraph 6 shall be based on objective and non - discriminatory criteria . the maximum decrease may not be higher than 30% .


### these payments may be granted to farmers , forest holders and other land managers in respect of areas with disadvantages referred to in paragraph 1 . ### these payments may be granted to farmers , groupings of farmers , forest owners and groupings of forest owners . in duly justified cases it may also be granted to other land managers .


### 75% of the actual expenditure incurred for the types of intervention referred to in points and of article 60 where the operational program is implemented in at least three third countries or non - producing member states by producer organisations from at least two producing member states , 50% of the actual expenditure where for this type of intervention this condition is not met . ### 75% of the actual expenditure incurred for the types of intervention referred to in points and of article 60 where the operational program is implemented in at least three third countries or non - producing member states by producer organisations or associations of producer organisations from at least two producing member states , 50% of the actual expenditure where for this type of intervention this condition is not met


### actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point of article 40 ; ### actions to increase the sustainability and efficiency of transport and storage of the final product .


### support viable farm income and resilience across the union to enhance food security ; ### support viable farm income and resilience across the union , reversing the trend of loss of farmers and farming structures to enhance long - term food security and ensure high quality feed and food supplies ;


### actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point of article 40 ; ### actions to increase the sustainability and efficiency of transport and of storage of products of one or more of the sectors referred to in point of article 39 ;


### each cap strategic plan shall be approved by the commission by means of an implementing decision without applying the committee procedure referred to in article 139 . ### each cap strategic plan , including , where applicable , the regional rural development programmes , shall be approved by the commission by means of an implementing decision without applying the committee procedure referred to in article 139 .


### improve competitiveness of union grapevine products in third countries ; that objective relates to the objectives set out in points and of article 6 ; ### improve competitiveness , promotional measures and activities aimed at diversifying and consolidating wine markets for union grapevine products in third countries ; this objective relates to the objectives set out in points and of article 6 ;


### member states may grant support for investments under the conditions set out in this article and as further specified in their cap strategic plans . ### member states may only grant support under this type of interventions for tangible and / or intangible investments , including in collective form and for collective use , which contribute to achieving the specific objectives set out in article 6 , especially with reference to boosting competitiveness .


### the complementary income support for young farmers shall take the form of an annual decoupled payment per eligible hectare . ### the complementary income support shall be accorded for a maximum of ten years and shall take the form of an annual decoupled payment per eligible hectare ; it may be calculated on a yearly basis or in accordance with the territories defined in article 18 .


### the cap should keep ensuring food security , which should be understood as meaning access to sufficient , safe and nutritious food at all times . moreover , it should help improving the response of union agriculture to new societal demands on food and health , including sustainable agricultural production , healthier nutrition , food waste and animal welfare . the cap should continue to promote production with specific and valuable characteristics , while at the same time helping farmers to proactively adjust their production according to market signals and consumers’ demands . ### the cap should keep ensuring food security , which should be understood as meaning access to sufficient , safe , healthy and nutritious food at all times . moreover , it should help improving the response of union agriculture to new societal demands on food and health , including sustainable agricultural production , healthier nutrition , food waste and animal welfare . the cap should continue to promote sustainable production with specific and valuable characteristics , while at the same time helping farmers to proactively adjust their production according to market signals and consumers’ demands .


### restructuring and conversion of vineyards , including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation , when vines have to come to the end of their natural life ; ### restructuring and conversion of vineyards , including new vineyards that have been granted a planting authorisation in an area with a geographical indication and replanting of vineyards , where this is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of cultivation , when vines have to come to the end of their natural life ;