### a specific issue pertaining to sustainable fisheries partnership agreements is the reallocation of under - utilised fishing opportunities that occur when fishing opportunities allocated to member states by the relevant council regulations are not fully used . since the access costs set out in the sustainable fisheries partnership agreements are financed for a large part by the union budget , a reallocation system is important to preserve union financial interests and ensure that no fishing opportunity which has been paid for is wasted . it is therefore necessary to clarify and improve the reallocation system , which should be a last resort mechanism . its application should be temporary and it should not affect the initial allocation of fishing opportunities among member states . reallocation should only occur once the relevant member states have given up on their rights to exchange fishing opportunities among themselves . ### a specific issue pertaining to sustainable fisheries partnership agreements is the reallocation of under - utilised fishing opportunities that occur when fishing opportunities allocated to member states by the relevant council regulations are not fully used . since the access costs set out in the sustainable fisheries partnership agreements are financed for a large part by the union budget , a temporary reallocation system is important to preserve union financial interests and ensure that no fishing opportunity which has been paid for is wasted . it is therefore necessary to clarify and improve the reallocation system , which should be a last resort mechanism . its application should be temporary and it should not affect the initial allocation of fishing opportunities among member states , which means that it will not damage relative stability . as a system of last resort , reallocation should only occur once the relevant member states have given up on their rights to exchange fishing opportunities among themselves .


### procedures should be transparent and predictable for union and third country operators , as well as for their respective competent authorities . ### procedures should be transparent , practicable and predictable for union and third country operators , as well as for their respective competent authorities .


### union fishing vessels operating in waters under the sovereignty or jurisdiction of a third country , under the auspices of a regional fisheries management organisation , in or outside union waters , or on the high seas ; and ### union fishing vessels conducting fishing activities in waters under the sovereignty or jurisdiction of a third country , under the auspices of a regional fisheries management organisation to which the union is a contracting party , or on the high seas ; and


### third country fishing vessels operating in union waters . ### third country fishing vessels carrying out fishing activities in union waters .


### ‘ fishing authorisation’ means an authorisation issued in respect of a union fishing vessel or third country fishing vessel , entitling it to carry out specific fishing activities during a specified period , in a given area or for a given fishery under specific conditions ; ### ‘ fishing authorisation’ means an authorisation issued in respect of a fishing vessel , entitling it to carry out specific fishing activities during a specified period , in a given area or for a given fishery under specific conditions ;


### the fishing vessel and any associated support vessel have an imo number ; ### the fishing vessel and any associated support vessel have an imo number , where this is required by union legislation ;


### the operator and the fishing vessel have not been subject to any sanction for a serious infringement according to the national law of the member state pursuant to article 42 of council regulation no 1005 / 2008 and article 90 of council regulation no 1224 / 2009 during the 12 months before the application for the fishing authorisation ; ### the operator and the fishing vessel have not been subject to any sanction for a serious infringement according to the national law of the member state pursuant to article 42 of council regulation no 1005 / 2008 and article 90 of council regulation no 1224 / 2009 during the 6 months before the application for the fishing authorisation ;


### the information in annexes 1 and 2 about the fishing vessel and the associated support vessel is complete and accurate ; the vessel and any associated support vessel have an imo number ; ### the information in the annex about the fishing vessel and the associated support vessel is complete and accurate ; the vessel and any associated support vessel have an imo number when so required under european union legislation ;


### this article applies to vessels that within five years of the date of the application for a fishing authorisation have : ### this article applies to vessels that within the five years preceding the application for a fishing authorisation have :


### a flag member state may only issue a fishing authorisation if it is satisfied that , during the period that the vessel referred to in paragraph 1 operated under a third country flag : ### a flag member state may only issue a fishing authorisation if it has checked that , during the period that the vessel referred to in paragraph 1 operated under a third country flag :


### in a third country which became identified or listed as a non - cooperating country in combatting iuu fishing pursuant to articles 31 and 33 of council regulation no 1005 / 2008 ; or ### in a third country which became listed as a non - cooperating country in combating iuu fishing pursuant to article&#160 ; 33 of council regulation no&#160 ; 1005 / 2008 ; or


### a flag member state shall monitor whether the conditions on the basis of which a fishing authorisation has been issued continue to be met during the period of validity of that authorisation . ### a flag member state shall monitor at least once a year whether the conditions on the basis of which a fishing authorisation has been issued continue to be met during the period of validity of that authorisation .


### if a condition on the basis of which a fishing authorisation has been issued is no longer met , a flag member state shall amend or withdraw the authorisation and notify the operator and the commission accordingly . ### if a condition on the basis of which a fishing authorisation has been issued is no longer met , a flag member state shall amend or withdraw the authorisation and immediately notify the operator , the secretariat of the rfmo or the third country and the commission accordingly .


### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### the commission may request that the flag member state shall refuse , suspend or withdraw the authorisation in cases of serious threats to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . the commission shall immediately inform the operator and the flag member state accordingly . the refusal , suspension or withdrawal by the flag member state shall apply only once 20 days have elapsed since the notification of the commission’s request to the flag member state . during the 20 - day period referred to in the first paragraph , the commission shall communicate to the operator and the flag member state the reasons for the request , whether they be concerned with sustainable resource management or with preventing iuu fishing . during the 20 - day period referred to in the first paragraph , the commission , the operator and the flag member state shall consult at the initiative of the commission to ensure that the decision to refuse , withdraw or suspend a fishing authorisation is justified . the commission shall conduct the monitoring in consultation with the flag member state and the authority empowered to issue the authorisation and shall keep them informed regularly of the results of monitoring .


### a union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party or non - contracting cooperating party to that rfmo . ### a union fishing vessel may only carry out fishing activities in waters of a third country on stocks managed by an rfmo if this country is a contracting party or non - contracting cooperating party to that rfmo . where sustainable fisheries agreements have been concluded before the adoption of this regulation , this provision shall apply four years after its entry into force .


### by its flag member state ; and ### by the third country with sovereignty or jurisdiction over the waters where the fishing activities take place ; and


### by its flag member state ; and ### by the third country with sovereignty or jurisdiction over the waters where the activities take place ; and


### by the third country with sovereignty or jurisdiction over the waters where the activities take place . ### by its flag member state .


### once it has issued a fishing authorisation , a flag member state shall send the commission the corresponding application for the third country ' s authorisation . ### once a flag member state has ascertained that the conditions set out in article 11 , , and are met , it shall send the commission the corresponding application to obtain the third country ' s authorisation .


### the application referred to in paragraph 1 shall contain the information listed in annexes 1 and 2 together with any other data required under the sustainable fisheries partnership agreement . ### the application referred to in paragraph 1 shall contain the information listed in the annex together with any other data required under the sustainable fisheries partnership agreement .


### when it is satisfied that the conditions in article 11 are met , the commission shall send the application to the third country . ### when it is satisfied that the conditions set out in article 11 , , and are met , the commission shall send the application to the third country before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement .


### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a fishing authorisation for a union fishing vessel , the commission shall inform the flag member state accordingly . ### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a fishing authorisation for a union fishing vessel under the agreement , the commission shall immediately inform the flag member state accordingly , if possible by electronic means .


### during a specific year or any other relevant period of the implementation of a protocol to a sustainable fisheries partnership agreement , the commission may identify unused fishing opportunities and inform the member states benefiting from the corresponding shares of the allocation accordingly . ### during the sixth month of a specific year or halfway through the period of the implementation of a protocol to a sustainable fisheries partnership agreement , the commission may identify unused fishing opportunities and inform the member states benefiting from the corresponding shares of the allocation accordingly .


### within 10 days of receipt of this information from the commission , the member states referred to in paragraph 1 may : ### within 20 days of receipt of this information from the commission , the member states referred to in paragraph 1 may :


### inform the commission that they will use their fishing opportunities later in the year or the relevant period of implementation by providing a fishing plan with detailed information on the number of fishing authorisations requested , the estimated catches , zone and period of fishing ; or ### inform the commission that they will use their fishing opportunities in the last six months of the year or the second half of the period of implementation by providing a fishing plan with detailed information on the number of fishing authorisations requested , the estimated catches , zone and period of fishing ; or


### if certain member states have not informed the commission of one of the actions referred to in paragraph 2 and , if as a result fishing opportunities remain unused , the commission may launch a call for interest for the available unused fishing opportunities among the other member states benefiting from a share of the allocation . ### if certain member states have not informed the commission of one of the actions referred to in paragraph 2 and , if as a result fishing opportunities remain unused , the commission may , during the seventh month of a specific period or during a period of ten days after the end of the first half of the period of implementation of a protocol to a sustainable fisheries partnership agreement , launch a call for interest for the available unused fishing opportunities among the other member states benefiting from a share of the allocation .


### if deemed necessary for the assessment of the request , the commission may ask the member states concerned for additional information . ### if deemed necessary for the assessment of the request , the commission may ask the member states concerned for additional information about the number of fishing authorisations applied for , catch estimates , the zone and the fishing period .


### in the absence of any interest in the unused fishing opportunities by the member states benefiting from a share of the allocation , the commission may launch a call for interest to all member states . a member state may communicate its interest in the unused fishing opportunities under the conditions referred to in paragraph 4 . ### in the absence of any interest in the unused fishing opportunities by the member states benefiting from a share of the allocation at the end of the ten - day period , the commission may launch a call for interest to all member states . a member state may communicate its interest in the unused fishing opportunities under the conditions referred to in paragraph 4 .


### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 , the commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in article 14 . ### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 and in close cooperation with the member states concerned , the commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in article 14 .


### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 , the commission shall reallocate the unused fishing opportunities on a temporary basis by applying the methodology set out in article 14 . ### on the basis of the information provided by member states in accordance with paragraphs 4 or 5 , the commission shall reallocate , solely on a temporary basis , the unused fishing opportunities by applying the methodology set out in article 14 .


### reallocation methodology ### temporary reallocation methodology


### the commission may lay down , by means of implementing acts , a methodology for the reallocation of unused fishing opportunities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 45 . ### the commission may lay down , by means of implementing acts , a methodology for the temporary reallocation of unused fishing opportunities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 45 .


### –evidence of the sustainability of the planned fishing activities , on the basis of : ### –evidence of the sustainability of the planned fishing operations , on the basis of :


### once it has issued a fishing authorisation , a flag member state shall send the commission the relevant information listed in annexes 1 and 2 , and in article 18 . ### once it has established compliance with the requirements laid down in article 18 , a flag member state shall send the commission the relevant information listed in the annex .


### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a direct authorisation to a union fishing vessel , the commission shall inform the flag member state accordingly . ### if a third country informs the commission that it has decided to issue , refuse , suspend or withdraw a direct authorisation to a union fishing vessel , the commission shall immediately inform the flag member state accordingly , which shall inform the owner of the vessel .


### if a third country informs the flag member state that it has decided to issue , refuse , suspend or withdraw a direct authorisation to a union fishing vessel , the flag member state shall inform the commission accordingly . ### if a third country informs the flag member state that it has decided to issue , refuse , suspend or withdraw a direct authorisation to a union fishing vessel , the flag member state shall immediately inform the commission and the owner of the vessel accordingly .


### it has been issued with a fishing authorisation by its flag member state ; and ### it has been issued with a fishing authorisation by flag member state of that vessel ; and


### a flag member state shall notify the fishing authorisation to the commission at least 15 calendar days before the start of the planned fishing activities on the high seas , providing the information in annexes 1 and 2 . ### a flag member state shall notify the fishing authorisation to the commission at least 15 calendar days before the start of the planned fishing activities on the high seas , providing the information in the annex .


### a chartered union vessel may not use the fishing opportunities of its flag member state . the catches of a chartered vessel shall be counted against the fishing opportunities of the chartering state . ### a vessel chartered in one of the member states of the union may not use the fishing opportunities of its flag member state . the catches of a chartered vessel shall be counted against the fishing opportunities of the chartering state .


### if data are collected on board a union fishing vessel under an observer programme , the operator of that vessel shall send these data to its flag member state . ### if data are collected on board a union fishing vessel under an observer programme in accordance with the legislation of the union or of the rfmo , the operator of that vessel shall send these data to its flag member state .


### the non - transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 shall be considered a serious infringement for the purposes of applying the sanctions and other measures provided for by the common fisheries policy . the gravity of the infringement shall be determined by the competent authority of the member state , taking into account criteria such as the nature of the damage , its value , the economic situation of the offender and the extent of the infringement or its repetition . ### after a reminder from the third country to the operator or the owner of the vessel , the non - transmission of catch declarations and landing declarations to the third country referred to in paragraph 1 , attested by non - receipt by the flag member state of a copy of that transmission , shall be considered a serious infringement as referred to in article 90 of regulation no 1224 / 2009 . the gravity of the infringement shall be determined by the competent authority of the member state , taking into account criteria such as the nature of the damage , its value , the economic situation of the offender and the extent of the infringement or its repetition .


### the commission may refuse , suspend or withdraw the authorisation in cases where a fundamental change of circumstances has occurred or in cases where overriding policy reasons pertaining inter alia to international standards of human rights or to the fight against illegal , unreported or unregulated fishing warrant such action or in cases where , for such or any other reason of overriding policy the union has decided to suspend or sever relations with the third country concerned . ### the commission may refuse , suspend or withdraw the authorisation in cases where a fundamental change of circumstances has occurred or in cases where serious threats pertaining to international standards of human rights or serious threats relating to the fight against illegal , unreported or unregulated fishing warrant such action or in cases where , for such reason the union has decided to suspend or sever relations with the third country concerned .


### the list of fishing authorisations in the register shall be publicly accessible and contain each of the following information : ### the list of fishing authorisations in the register shall be publicly accessible only in relation to fishing authorisations issued under sustainable fisheries partnership agreements or issued in relation to vessels operating in rfmo regulated waters and contain each of the following information :


### texte proposé par la commission ### for the technical and financial support for the transfer of information , member states may draw on financial aid from the european maritime and fisheries fund pursuant to article 76 of regulation no 508 / 2014 .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . it is essential that relevant legislation be future - proof so as not to restrict such technological developments . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . in this ever - changing digital environment , the commission should investigate all possible measures to prevent the illegal use of copyright - protected visual and audiovisual content for commercial purposes , through embedding or framing techniques . in addition , this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . _________________ 26 com 626 final .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , distance and blended learning and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted accordingly . the term ' scientific research ' used in this directive is to be understood as referring both to the natural sciences and the human sciences .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works , with the exception of sheet music , to support , enrich or complement the teaching , including the related learning activities . member states should be allowed to set appropriate limits concerning the amount of certain categories of protected works or other subject - matter that can be used , as long as such limits strike a fair balance between the needs and legitimate interests of users and rightholders . the use of the works or other subject - matter or of extracts from them under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments or certified entities , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the setting in which the teaching and learning activities are carried out , including when outside the premises of the educational establishment or certified entity carrying them out , and online uses through the educational establishment ' s or certified entity’s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they could also create new challenges . in view of possible new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter , digitally or otherwise , permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies in any format by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only .


### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market . ### cultural heritage institutions should benefit from a clear framework for the digitisation and dissemination , including across borders , of out - of - commerce works or other subject - matter . however , the particular characteristics of the collections of out - of - commerce works mean that obtaining the prior consent of the individual rightholders may be very difficult or impossible . this can be due , for example , to the age of the works or other subject - matter , their limited commercial value or the fact that they were never intended for commercial use or have never been in commerce . it is therefore necessary to provide for measures to facilitate the licensing of rights in out - of - commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross - border effect in the internal market .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the relevant collective management organisation , in accordance with their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions . ### for the purpose of those licensing mechanisms , a rigorous and well - functioning collective management system is important and should be encouraged by the member states . that system includes in particular rules of good governance , transparency and reporting , as well as the regular , diligent and accurate distribution and payment of amounts due to individual rightholders , as provided for by directive 2014 / 26 / eu . additional appropriate safeguards should be available for all rightholders , who should be given the opportunity to exclude the application of such mechanisms to their works or other subject - matter . conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism managed by a designated existing or newly established national body allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . where the negotiation involves parties from different member states , they should agree beforehand on the member state competent , should the negotiation mechanism be required at some point in their negotiation . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the division of any costs arising . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a facilitation mechanism allowing the relevant parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the relevant parties and facilitate the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the facilitation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the facilitation forum .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works , relevant rights are consolidated with the producer by law or by contract . in order to promote cultural diversity and the availability of works on video - on - demand platforms , this directive requires member states to set up a facilitation mechanism , managed by an existing or newly - established national body , allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video - on - demand platforms to rely on the assistance of an impartial body . where a negotiation involves parties from different member states , they should agree beforehand on which member state is to be competent in the event that the facilitation mechanism is required . the body should meet with the parties and facilitate the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the facilitation mechanism , including the timing and duration of the assistance to negotiations and the division of any costs arising . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the facilitation forum . in order to encourage the continuous exploitation of audiovisual works on video - on - demand platforms , member states should foster dialogue between representative organisations of authors , producers , video - on - demand platforms and other relevant stakeholders .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in order to apply the liability regime referred to in article 14 of directive 2000 / 31 / ec of the european parliament and of the council , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter , promoting or economically exploiting them , irrespective of the nature of the means used therefor , including automated processes . the service provider cannot invoke not playing an active role for single works or other subject - matter where the service provider plays an active role with regard to the general functioning of the service .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of the application of article 14 of directive 2000 / 31 / ec , it is necessary to verify whether the role played by the service provider is an active one . an active role includes , amongst other matters , optimisation for the purposes of presentation by the service of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefore . in this event , the service providers may not invoke the exemption from liability contained in article 14 .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of article 14 of directive 2000 / 31 / ec , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the content provided by the service or promoting such content , irrespective of the nature of the means used therefor .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , they could institute a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . it is essential that the contractual position of authors and performers be strengthened so that they can enjoy fair , non - assignable remuneration and so as to avoid power imbalances between the parties . such a provision would apply only to the parties directly linked contractually . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority or to terminate his or her contract .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### many contracts for the exploitation of rights harmonised at union level are long - term in nature , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where an author or performer can demonstrate that the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits , such as subsidies or equity shares , derived from the exploitation of the work or the fixation of the performance , taking into account the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case , of any expenditure genuinely incurred in the production of the work or performance , as well as of the specificities and practices of the different content sectors . it should be possible for member states to decide not to apply the adjustment mechanism when the contribution of the authors or performers is not significant , having regard to the overall work or performance . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal as bringing a legal action can entail significant costs and can have an adverse effect on their capacity to enter into contractual relationships in the future . member states should therefore provide for an alternative dispute resolution procedure that addresses claims by authors , performers or their appointed representatives and related to obligations of transparency , the unwaivable right to remuneration and the contract adjustment mechanism . such a mechanism should cater for individual or collective claims , brought either directly by the authors and performers concerned or through an organisation acting on their behalf . the mechanism should also be affordable .


### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter . ### this directive lays down rules which aim at further harmonising the union law applicable to copyright and related rights in the framework of the internal market , taking into account in particular digital and cross - border uses of protected content and the need for a high level of protection of intellectual property . it also lays down rules on exceptions and limitations , on the facilitation of licences as well as rules aiming at ensuring a well - functioning marketplace for the exploitation of works and other subject - matter .


### ‘ research organisation’ means a university , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services : ### ‘ research organisation’ means a university including its libraries , a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services :


### including during a reasonable period of time before the works or other subject - matter are digitised , distributed , communicated to the public or made available . ### including for a reasonable period of time before the works or other subject - matter are digitised , distributed , communicated to the public or made available .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular , sector - specific dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to foster the relevance and usability of the licensing mechanisms referred to in article 7 ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 , in particular regarding the representativeness of collective management organisations and the categorisation of works .


### negotiation mechanism ### support for the availability of audiovisual works


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall facilitate the availability of audiovisual works on video - on - demand platforms by ensuring that , where relevant parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may , by mutual agreement , rely on the assistance of an impartial body with relevant experience to be designated by member states for the purposes of this article . that body shall provide impartial assistance with negotiation with a view to the conclusion of mutually acceptable agreements .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors , performers , publishers , producers and their respective successors in title , in connection with the licensing agreements under article 13 , receive on a regular basis and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information and reporting on the exploitation of their works , plays and performances from those to whom they have licensed or transferred their rights , notably by indicating modes of exploitation , modes of promotion , revenues generated and remuneration due .


### member states shall provide that disputes concerning the transparency obligation under article 14 and the contract adjustment mechanism under article 15 may be submitted to a voluntary , alternative dispute resolution procedure . ### without prejudice to other judicial remedies , member states shall provide that disputes concerning the transparency obligation under article 14 , the contract adjustment mechanism under article 15 and the unwaivable right to remuneration under article 14a may be submitted to a voluntary , alternative dispute resolution procedure .


### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should have the possibility to review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes . ### a balance should however be ensured between incentives given to eco - innovations and those technologies for which the emission reduction effect is demonstrated on the official test procedure . as a consequence , it is appropriate to maintain a cap on the eco - innovation savings that a manufacturer may take into account for target compliance purposes . the commission should review the level of the cap , in particular , to take into account the effects of the change in the official test procedure . it is also appropriate to clarify how the savings should be calculated for target compliance purposes .


### in 2024 it is foreseen to review the progress achieved under the [ effort sharing regulation and emissions trading system directive ] . it is therefore appropriate to assess the effectiveness of this regulation in that same year to allow a coordinated and coherent assessment of the measures implemented under all these instruments . ### in 2024 it is foreseen to review the progress achieved under the [ effort sharing regulation and emissions trading system directive ] . it is therefore appropriate to assess the effectiveness of this regulation in that same year to allow a coordinated and coherent assessment of the measures implemented under all these instruments . upstream and embedded emissions should be taken into account in order to make well - to - wheel and life - cycle emissions of vehicles part of the review .


### the 2025 and 2030 eu fleet - wide targets referred to in article 1 and calculated by the commission in accordance with points 6 . 1 . 1 and 6 . 1 . 2 of parts a and b of annex i ; ### the 2030 eu fleet - wide targets referred to in article 1 calculated by the commission in accordance with point 6 . 1 . of parts a and b of annex i ;


### the total contribution of those technologies to reducing the average specific emissions of a manufacturer may be up to 7 g co2 / km . ### the total contribution of those technologies to reducing the average specific emissions of a manufacturer may be up to 9 g co2 / km .


### the commission may adjust the cap with effect from 2025 onwards . those adjustments shall be performed by means of delegated acts in accordance with article 16 . ### the commission shall adjust the cap with effect from 2021 onwards , in order to reflect wltp calculation . those adjustments shall be performed by means of delegated acts in accordance with article 16 .


### 2 . specific emissions targets from 2025 onwards ### 2 . specific emissions targets from 2030 onwards


### specific emissions target from 2025 onwards ### the specific emissions target from 2030 onwards


### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 1 for the period 2025 to 2029 and 6 . 2 . 2 for 2030 onwards ; ### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 2 for 2030 onwards ;


### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . 1 for the period 2025 to 2029 and 6 . 2 . 2 for 2030 onwards ### specific emissions reference target is the specific emissions reference target of co2 determined in accordance with point 6 . 2 . for 2030 onwards


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges and opportunities , by boosting employment , growth and investment , fighting and adapting to climate change and bringing research and innovation out of the laboratories and onto fields and markets . the cap should furthermore address citizens ' concerns regarding sustainable agriculture production . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 concludes that the common agricultural policy should continue to step up its response to future challenges , opportunities by boosting employment , growth and investments in rural areas , promoting social inclusion , reducing development gaps between areas , fighting and adapting to climate change , bringing research and innovation out of the laboratories and onto fields and markets . the communication also stresses the global dimension of the cap and states the union ' s commitment to enhance policy coherence for sustainable development . the cap should furthermore be reformed to address citizens ' concerns regarding sustainable agriculture production and its impact on third countries , in particular developing countries , ensuring that populations are provided with nutritious , safe and healthy food and to foster sustainable development and efficient management of natural resources such as water , soil and air to provide to the protection of biodiversity and preserve habitats and landscapes , in line with the union ' s international obligations and commitments including the 2030 agenda for sustainable development and the paris agreement on climate change .


### the cap ' s compliance - driven delivery model should be adjusted to ensure a greater focus on results and performance . accordingly the union should set the basic policy objectives , types of intervention and basic union requirements while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity in order to take better account of the local conditions and needs . accordingly , under the new delivery model , member states should be responsible for tailoring their cap interventions in line with basic union requirements in order to maximize their contribution to union cap objectives and to establish and design the compliance and control framework for beneficiaries . ### the cap ' s compliance - driven delivery model should be adjusted to ensure a greater focus on results and performance . accordingly the union should set the basic policy objectives , types of intervention and basic union requirements while greater responsibility and accountability for meeting those objectives should be borne by the member states . as a consequence , there is a need to ensure greater subsidiarity and flexibility in order to take better account of the local conditions and needs . accordingly , under the new delivery model based on agricultural productivity , member states should be responsible for tailoring their cap interventions in line with basic union requirements in order to maximize their contribution to union cap objectives and to establish and design the compliance and control framework for beneficiaries .


### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and annual performance reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state . ### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and annual performance reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state . it is for the commission to ensure that member states do not apply additional conditionalities to this regulation that would encumber the process of allocating aid to beneficiaries .


### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and annual performance reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state . ### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and multi - annual performance monitoring reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state .


### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and annual performance reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state . ### it is necessary to provide for the accreditation of paying agencies and coordinating bodies by member states and for the establishment of the procedures for obtaining management declarations and annual performance reports , and for obtaining the certification of management and monitoring systems , of reporting systems and the certification of annual accounts by independent bodies . farmers should be offered financial compensation for any delayed payment by paying agencies due to administrative errors . moreover , in order to ensure the transparency of the system of checks to be carried out at national level , in particular as regards procedures for authorisation , validation and payment and to reduce the administrative and audit burden for the commission and for the member states where accreditation of each individual paying agency is required , the number of authorities and bodies to which those responsibilities are delegated should be restricted while respecting the constitutional provisions of each member state .


### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should have a corresponding output regarding and should comply with the basic union requirements and the governance systems . ### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should be carried out in line with the basic union requirements , the eligibility requirements for individual beneficiaries set out in the cap national strategic plans and the governance systems .


### in order to avoid an excessive administrative burden for national administrations and farmers provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied , should not take place either where financial discipline is applied for a second subsequent year , or where the overall amount of non - committed appropriations represents less than 0 , 2% of the eagf annual ceiling . ### in order to avoid an excessive administrative burden for national administrations and farmers and to simplify procedures as much as possible and limit the complexity of payment forms , provision should be made that reimbursement of the amounts carried over from the preceding financial year in relation to financial discipline applied should not take place either where financial discipline is applied for a second subsequent year , or where the overall amount of non - committed appropriations represents less than 0 , 2% of the eagf annual ceiling .


### in accordance with the architecture and the key characteristics of the new cap delivery model the eligibility of payments made by member states for union financing should no longer depend on the legality and regularity of payments to individual beneficiaries . instead , as regards types of interventions referred to in regulation … / … [ cap strategic plan regulation ] , member states’ payments should be eligible if they are matched by corresponding output and in compliance with the applicable basic union requirements . ### the eligibility of payments made by member states for union financing shall always depend on their compliance with the applicable union basic requirements . furthermore , as regards types of interventions referred to in regulation … / … [ cap strategic plan regulation ] , member states’ payments should be eligible if they are in compliance with the eligibility requirements for individual beneficiaries set out in the cap national strategic plans referred to in regulation . . . / . . . [ cap strategic plans regulation ] .


### member states should send the annual accounts and an annual performance report on the implementation of the cap strategic plan to the commission by 15 february n + 1 . where these documents are not sent , thus preventing the commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs , the commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received . ### member states should send the annual accounts by 15 february n + 1 and a multi - annual performance monitoring report on the implementation of the cap strategic plan to the commission by 15 february 2026 , 2028 et 2030 . where these documents are not sent , thus preventing the commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure , the commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received .


### in order to to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 201315 of the european parliament and of the council , council regulation no 2988 / 9516 , council regulation no 2185 / 9617 and council regulation 2017 / 193918 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor ' s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 137119 of the european parliament and of the council . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities . 18 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 19 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union ' s financial interests by means of criminal law . ### in order to safeguard the financial interests of the union ' s budget , systems should be put in place by member states in order to satisfy themselves that interventions financed by the funds are actually carried out and are executed correctly , while maintaining the current robust framework for sound financial management . in accordance with the financial regulation , regulation no 883 / 201315 of the european parliament and of the council , council regulation no 2988 / 9516 and council regulation no 2185 / 9617 , the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities including fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . moreover , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . member states should have the systems in place allowing them to report to the commission , for the purpose of enabling olaf to exercise its powers and ensure an efficient analysis of cases of irregularity , on detected irregularities and other cases of non - compliance with the conditions established by member states in the cap strategic plan , including fraud and on their follow - up as well as on the follow - up of olaf investigations . to ensure the effective examination of complaints concerning the funds , member states should have in place the necessary arrangements . _________________ 15 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , . 16 council regulation no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 17 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities ' financial interests against fraud and other irregularities .


### the integrated system , as part of the governance systems which should be in place in order to implement the cap , should ensure that the aggregate data provided in the annual performance reporting is reliable and verifiable . given the importance of a properly functioning integrated system , it is necessary to set quality requirements . member states should carry out an annual quality assessment of the identification system for agricultural parcels , of the geo - spatial application system and of the area monitoring system . member states should also address any deficiencies and , if so requested by the commission , set up an action plan . ### the integrated system , as part of the governance systems which should be in place in order to implement the cap , should ensure that the aggregate data provided in the performance reporting in every three years is reliable and verifiable . given the importance of a properly functioning integrated system , it is necessary to set quality requirements . member states should carry out a quality assessment in every three years of the identification system for agricultural parcels , of the geo - spatial application system and of the area monitoring system . member states should also address any deficiencies and , if so requested by the commission , set up an action plan .


### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for a minimum penalty rate at union level for non - compliance occurring for the first time due to negligence , while reoccurrence should lead to a higher percentage and intentionality may result in the total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system . ### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for minimum penalty rates at union level for cases of non - compliance occurring for the first time due to negligence , but where such cases are repeated or intentional , this should potentially result in total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system and a right for beneficiaries to regularise their personal situation .


### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for a minimum penalty rate at union level for non - compliance occurring for the first time due to negligence , while reoccurrence should lead to a higher percentage and intentionality may result in the total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system . ### while member states should be allowed to set out the details on penalties , those penalties should be proportionate , effective and dissuasive and should be without prejudice to other penalties laid down under union or national law . to ensure an effective and coherent approach by member states , it is necessary to provide for a minimum penalty rate at union level for non - compliance occurring for the first time due to negligence ; the imposition of penalties for minor errors should be avoided , while reoccurrence should lead to a higher percentage and intentionality may result in total exclusion from the payment . to ensure proportionality of the penalties , where the non - compliance is of a minor nature and occurs for the first time , member states should be allowed to introduce an early warning system .


### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ; ### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including member states’ obligations with regard to the effective protection of the financial interests of the union referred to in article 57 of this regulation and the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ;


### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ; ### ' governance systems ' means the governance bodies including the certification body referred to in chapter ii of title ii of this regulation ;


### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ; ### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] ;


### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ; ### ' governance systems ' means the governance bodies referred to in chapter ii of title ii of this regulation and the basic union requirements laid down in this regulation and regulation … / … [ cap strategic plan regulation ] , including member states obligations with regard to the effective protection of the financial interests of the union referred to in article 57 of this regulation and the reporting system put in place for the purposes of the annual performance report referred to in article 121 of regulation … / … [ cap strategic plan regulation ] ;


### a severe natural disaster gravely affecting the holding ; ### a natural disaster or meteorological event gravely affecting the holding ;


### the accidental destruction of livestock buildings on the holding ; ### the destruction of livestock buildings on the holding ;


### member states shall accredit , as paying agencies , departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal , regular and properly accounted for . to this end , paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment , control activities , information and communication and monitoring laid down by the commission pursuant to point of article 10 . ### member states shall accredit , as paying agencies , departments or bodies which have an administrative organisation and an effective and efficient system of internal control which provide sufficient guarantees that payments are legal , regular and properly accounted for , provide the necessary guarantees concerning the outputs referred to in the performance report , and use an accounting system providing precise and complete data . to this end , paying agencies shall comply with minimum conditions for accreditation with regard to the internal environment , control activities , information and communication and monitoring laid down by the commission pursuant to point of article 10 on the basis of recognised standards for internal - control systems .


### member states shall accredit , as paying agencies , departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal , regular and properly accounted for . to this end , paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment , control activities , information and communication and monitoring laid down by the commission pursuant to point of article 10 . ### member states shall accredit as paying agencies departments or bodies which have an administrative organisation and a system of internal control which provide sufficient guarantees that payments are legal , regular and properly accounted for . to this end , paying agencies shall comply with minimum conditions for the accreditation with regard to the internal environment , control activities , information and communication and monitoring laid down by the commission pursuant to point of article 10 . before the end of 2023 , the commission shall present a report to the european parliament and to the council on the operation of the system of paying agencies in the union accompanied , where appropriate , by legislative proposals .


### for the purposes of article 63 and of regulation 2018 / … [ the new financial regulation ] , the person in charge of the accredited paying agency shall , by 15 february of the year following the financial year concerned , draw up and provide the commission with the following : ### for the purposes of article 63 and of regulation 2018 / … [ the new financial regulation ] , the person in charge of the accredited paying agency shall , by 15 february of the year following the financial year concerned , ) draw up and provide the commission with the following :


### the performance reporting on output indicators for the purposes of the annual performance clearance referred to in article 52 and the performance reporting on result indicators for the multiannual performance monitoring referred to in article 115 of regulation … / … [ cap strategic plan regulation ] , demonstrating that article 35 of this regulation is complied with , is correct ### the reports based on the result indicators for the purposes of the multi - annual performance monitoring report referred to in articles 115 and 121 of regulation . . . / . . . [ cap strategic plan regulation ] , reflecting the operations carried out and the progress made towards the achievement of the objectives , as set out in the cap national strategic plan , are correct ;


### the expenditure for the measures laid down in regulation no 1308 / 2013 for which reimbursement has been requested from the commission is legal and regular . ; ### the expenditure for which reimbursement has been requested from the commission , and in particular for the measures laid down in regulation n ) 1308 / 2013 , regulation no 228 / 2013 , regulation no 229 / 2013 and regulation 1144 / 2014 is legal and regular . ;


### the expenditure for the measures laid down in regulation no 1308 / 2013 for which reimbursement has been requested from the commission is legal and regular . ; ### the expenditure for the measures laid down in regulation . . . / . . . [ cap strategic plan regulation ] and regulation no 1308 / 2013 for which reimbursement has been requested from the commission is legal and regular .


### those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 . ### those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 101 . the commission shall inform the member state concerned of its intention , and shall give the member state the opportunity to submit its comments within a period of at least 30 working days , before it submits the draft implementing act in accordance with article 3 of regulation no 182 / 20


### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . ### a european agricultural crisis management reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation , and to be deployed to enable the union to react swiftly and effectively in the event of crises affecting agricultural production , processing or distribution shall be established at the beginning of each year in the eagf .


### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . ### an agricultural reserve is set up at the beginning of each financial year in the eagf to provide additional support to the agricultural sector for the purpose of managing or stabilizing markets or to be mobilized so that the union can respond quickly and effectively to crises affecting production or agricultural distribution .


### by way of derogation from point of article 12 of the financial regulation , non - committed appropriations of the agricultural reserve shall be carried over without time limitation to finance the agricultural reserve in the following financial years . ### by way of derogation from point of article 12 of the financial regulation , non - committed appropriations in the agricultural reserve shall be carried over without time limitation to finance the agricultural reserve in the following financial years , giving rise to an accumulation of appropriations from one year to the next , throughout the financial year .


### an adjustment rate for direct payments interventions referred to in point of article 5 of this regulation and union financial contribution to the specific measures referred to in point of article 5 of this regulation and granted under chapter iv of regulation no 228 / 2013 and chapter iv of regulation no 229 / 2013 , shall be determined by the commission when the forecasts for the financing of the interventions and measures financed under that sub - ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded . ### an adjustment rate for direct payments interventions referred to in point of article 5 of this regulation and union financial contribution to the specific measures referred to in point of article 5 of this regulation and granted under chapter iv of regulation no 228 / 2013 and chapter iv of regulation no 229 / 2013 , shall be determined by the commission when the forecasts for the financing of the interventions and measures financed under that sub - ceiling for a given financial year indicate that the applicable annual ceilings will be exceeded . the adjustment rate shall not apply to direct payments of eur 2000 or less .


### in accordance with point of article 7 , the commission shall supply that satellite data free of charge to the authorities competent for the area monitoring system or to suppliers of services authorised by those bodies to represent them . ### in accordance with point of article 7 , the commission shall supply that satellite data free of charge to the authorities competent for the area monitoring and control system or to suppliers of services authorised by those bodies to represent them .


### contribute to transparency of world markets ; ### adopt specific measures contributing the transparency of developments in world markets ;