### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 , with a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec . ### the member states , the commission , the agency and other union institutions , bodies , offices and agencies shall , within their respective fields of competence , cooperate on environmental matters , including those addressed in regulation no 1907 / 2006 of the european parliament and of the council21 , with a view to ensuring that interdependencies between environmental protection , human health and other technical domains of civil aviation are taken into account , with due regard for environmental benefits , technical feasibility , economic capacities and possible interactions and distortions of competition with regulations and measures already adopted by icao . in accordance with the principles of subsidiarity and proportionality , account shall be taken of any specific circumstances in the individual member states . __________________ 21 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec .


### where the member state concerned did not either give effect to the agency ' s recommendation or remedy the deficiencies within 3 months from the date of that recommendation , the commission may decide , when it considers that the conditions of paragraph 1 are met , that the responsibility for the certification , oversight and enforcement tasks concerned shall be temporarily transferred to the agency . that decision shall be taken by means of implementing acts which shall be adopted in accordance with the advisory procedure referred to in article 116 . on duly justified imperative grounds of urgency relating to aviation safety , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 116 . ### where the member state concerned did not either give effect to the agency ' s recommendation or remedy the deficiencies within 3 months from the date of that recommendation , the commission may , when it considers that the resulting situation endangers civil aviation safety , adopt implementing acts temporarily designating the agency as the competent authority responsible for the certification , oversight and enforcement tasks concerned . those implementing acts shall be adopted in accordance with the advisory procedure referred to in article 116 . on duly justified imperative grounds of urgency relating to aviation safety , the commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in article 116 .


### a person operating the unmanned aircraft must be aware of the applicable union and national rules relating to the intended operations , in particular with regard to safety , privacy , data protection , liability , insurance , security or environmental protection . the person must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users . this includes being familiar with the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and atm / ans procedures . ### a remote pilot must be aware of the applicable union and national rules relating to the intended operations , in particular with regard to safety , privacy , data protection , liability , insurance , security or environmental protection . the remote pilot must be able to ensure the safety of operation and safe separation of the unmanned aircraft from people on the ground and from other airspace users . this includes good knowledge of the operating instructions provided by the manufacturer and with all relevant functionalities of the unmanned aircraft and applicable rules of the air and atm / ans procedures .


### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety or of efficiency for the persons subject to this regulation or for the authorities concerned , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request for amendment of the delegated or implementing act concerned so as to allow for the use of those other means . ### where a member state considers that the compliance with the applicable essential requirements set out in the annexes can be demonstrated by other means than those laid down in the delegated and implementing acts adopted on the basis of this regulation , and that those means present significant advantages in terms of civil aviation safety , it may submit to the commission and the agency , through the repository established under article 63 , a reasoned request for amendment of the delegated or implementing acts concerned so as to allow for the use of those other means .


### the agency shall coordinate at union level the gathering , exchange and analysis of information on matters falling within the scope of this regulation . for that purpose , the agency may enter into administrative arrangements with legal and natural persons subject to this regulation , or associations of such persons , on information gathering , exchange and analysis . ### the agency shall coordinate at union level the gathering , exchange and analysis of information on matters falling within the scope of this regulation including secured flight data and cockpit voice recordings downloaded to a ground database in real time . for that purpose , the agency may enter into administrative arrangements with legal and natural persons subject to this regulation , or associations of such persons , on information gathering , exchange and analysis . this may include the establishment of a european partnership , based on the principle of voluntary participation , with the objective to improve aviation safety and environment . the arrangements should provide , as far as possible , existing channels , avoiding additional burden .


### in all other cases , the national competent authority of the member state where the natural person applying for the certificate or making the declaration resides , or , in case of legal persons , where the person has its primary establishment , shall be responsible for those tasks , unless the delegated acts adopted pursuant to paragraph 10 provide otherwise . ### in all other cases , the national aviation authority of the member state where the natural person applying for the certificate or making the declaration resides , or , in case of legal persons , where the person has its principal place of business or is established , shall be responsible for those tasks , unless the delegated acts adopted pursuant to paragraph 10 provide otherwise .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to transfer certain responsibilities in accordance with paragraph 1 , it shall establish jointly with the other member state , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer shall be consulted on that transition plan before it is finalised .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons , including all relevant stakeholders , concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on during the establishment of that transition plan , and again before it is finalised . it shall carry out jointly with the agency or with the other member state , as applicable , and in consultation with relevant stakeholders , an impact assessment covering , among others , any social , economic or employment repercussions . the transition plan shall include means to effectively mitigate against any negative impacts identified in the impact assessment .


### as regards the design , production , maintenance and operation of unmanned aircraft and their engines , propellers , parts , non - installed equipment and equipment to control the aircraft remotely , the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend or supplement annex ix and , if applicable , annex iii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to air operations , in order and to the extent required to achieve the objectives laid down in article 1 . ### as regards the design , production , maintenance and operation of unmanned aircraft and their engines , propellers , parts , non - installed equipment and equipment to control the aircraft remotely , the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend annex ix and , if applicable , annex iii , where necessary for reasons of technical , operational or scientific developments or safety and security evidence related to air operations , in order and to the extent required to achieve the objectives laid down in article 1 .


### as regards the provision of atm / ans , the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend or supplement annex viii and if applicable vii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the atm / ans , in order and to the extent required to achieve the objectives laid down in article 1 . ### as regards the provision of atm / ans , the commission shall be empowered , by means of delegated acts adopted in accordance with article 117 , to amend annex viii and if applicable vii , where necessary for reasons of technical , operational or scientific developments or safety evidence related to the atm / ans , in order and to the extent required to achieve the objectives laid down in article 1 .


### the amount of the fines shall not exceed 4 % of the annual income or turnover of the legal or natural person concerned . the amount of the periodic penalty shall not exceed 2 . 5 % of the average daily income or turnover of the legal or natural person concerned . ### the amount of the fines shall not exceed 4 % of the annual income or turnover achieved by the legal or natural person concerned through the activities concerned by the violation . the amount of the periodic penalty shall not exceed 2 . 5 % of the average daily income or turnover of the natural or legal person concerned .


### the agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in article 60 . in such a case , the agency shall immediately notify the commission and the member states , through the repository established under article 63 , of the exemptions granted , the reasons for granting them and , where applicable , the necessary mitigation measures applied . where the duration of an exemption exceeds eight consecutive months or where the agency has granted the same exemption repetitively and their total duration exceeds eight months , the commission shall assess whether those conditions have been met , and where it considers that this is not the case , it shall adopt an implementing decision to that effect , which shall be published in the official journal of the european union and entered into the repository established under article 63 . the agency shall immediately revoke the exemption upon the notification of that implementing decision . ### the agency may grant exemptions to any legal or natural person to whom it has issued a certificate in the situations and subject to the conditions set out in article 60 . in such a case , the agency shall immediately notify the commission and the member states , through the repository established under article 63 , of the exemptions granted , the reasons for granting them and , where applicable , the necessary mitigation measures applied . where the duration of an exemption exceeds three consecutive months or where the agency has granted the same exemption repetitively and their total duration exceeds three months , the commission shall assess whether those conditions have been met , and where it considers that this is not the case , it shall adopt implementing acts containing its finding to that effect , which shall be published in the official journal of the european union and entered into the repository established under article 63 . the agency shall immediately revoke the exemption upon the notification of those implementing acts .


### member states may transfer to the agency the responsibility for the certification , oversight and enforcement with respect to any or all organisations , operators , personnel , aircraft , flight simulation training devices or aerodromes for which the member state concerned is responsible under this regulation . ### member states may transfer , only as a temporary safeguard , to the agency the responsibility for the certification , oversight and enforcement with respect to any or all organisations , operators , personnel , aircraft , flight simulation training devices or aerodromes for which the member state concerned is responsible under this regulation ;


### whenever necessary , involve experts from relevant interested parties or draw on expertise from the relevant european standardisation bodies or other specialised bodies ; ### involve experts from relevant interested parties or draw on expertise from the relevant european standardisation bodies or other specialised bodies ;


### the executive board shall be composed of the chairperson of the management board , two representatives of the commission and six other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . the advisory board may appoint one of its members as observer . ### the executive board shall be composed of the chairperson of the management board , one representative of the commission and five other members appointed by the management board from among its members with the right to vote . the chairperson of the management board shall also be the chairperson of the executive board . the executive director shall take part in the meetings of the executive board , but shall not have the right to vote . the advisory board may appoint one of its members as observer without the right to vote .


### where the organisations referred to in the first and second subparagraph make such a request , they shall inform the national competent authorities of the member states in which they have their principal places of business . ### where an organisation makes such a request , it shall inform the national aviation authority of the member state in which it has its principal place of business .


### all pilots must periodically demonstrate medical fitness to satisfactorily execute their functions , taking into account the type of activity . compliance must be shown by appropriate assessment based on aero - medical best practice , taking into account the type of activity and the possible mental and physical degradation due to age . ### all pilots must be mentally and physically fit to safely execute their functions , taking into account the type of activity , and the possible mental and physical degradation , in particular due to age . this shall be determined by a risk based assessment .


### the agency or a member state , as applicable , shall only agree to the transfer of responsibilities referred to in paragraphs 1 or 2 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this regulation and the delegated and implementing acts adopted on the basis thereof . ### a member state , as applicable , shall only agree to the transfer of responsibilities referred to in paragraph 1 when it is satisfied that it can effectively exercise the transferred responsibility in compliance with this regulation and the delegated and implementing acts adopted on the basis thereof .


### the member states , the commission and the agency shall cooperate on security matters related to civil aviation , including cyber security , with a view to ensuring that interdependencies between civil aviation safety and security are taken into account . ### the agency , in cooperation with member states and the commission , shall tackle security matters related to civil aviation safety , including cyber security , where interdependencies between civil aviation safety and security exist .


### a delegated act adopted pursuant to article 2 , article 18 , article 25 , article 28 , article 34 , article 39 , article 44 , article 47 , article 50 , article 51 , article 52 , article 72 and article 115 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council . ### a delegated act adopted pursuant to this regulation shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or the council .


### in relation to the exercise of that responsibility , the provisions of chapters ii and iv and articles 120 and 121 , as well as the applicable provisions of the national law of the member state to which the responsibility is transferred shall apply . ### in relation to the exercise of that responsibility , the provisions of chapters ii and iv and articles 120 and 121 shall apply .


### where the duration of the measures referred to in paragraph 1 exceeds eight consecutive months or where a member state has taken the same measures repetitively and their total duration exceeds eight months , the agency shall assess whether the conditions of paragraph 1 have been met and issue , within three months from the date of the reception of the notification referred to in paragraph 1 , a recommendation to the commission as regards the outcome of that assessment . the agency shall include that recommendation in the repository established under article 63 . ### upon receipt of the notification referred to in paragraph 1 , the agency shall , without undue delay , assess whether the conditions of paragraph 1 have been met .


### 2 . the pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and / or property carried therein . ### 2 . the pilot in command must have the authority to give all commands and take any appropriate actions for the purpose of securing the operation and the safety of the aircraft and of persons and / or property carried therein . the pilot must not in any way be limited in exercising this authority . in particular the type of employment status of the pilot may not have an negative effect on his authority . in this respect the use of atypical employment should be restricted and direct employment should be the standard model of employment for air crew members .


### the conditions for issuing and disseminating mandatory information by the agency in accordance with article 65 and by the national competent authorities , in order to ensure the safety of aerodrome operations and aerodrome equipment . ### the conditions for issuing and disseminating mandatory information by the agency in accordance with article 65 and by the national aviation authorities , in order to ensure the safety of aerodrome operations and aerodrome equipment .


### when a member state intends to transfer certain responsibilities in accordance with paragraphs 1 or 2 , it shall establish jointly with the agency or with the other member state , as applicable , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer and , in case of a transfer referred to in paragraph 2 , the agency shall be consulted on that transition plan before it is finalised . ### when a member state intends to transfer certain responsibilities in accordance with paragraph 1 , it shall establish jointly with the other member state , a transition plan that ensures an orderly transfer of those responsibilities . the legal and natural persons concerned by the transfer shall be consulted on that transition plan before it is finalised .


### upon the transfer of responsibility pursuant to paragraphs 1 and 2 , the agency shall become the competent authority for the purposes of the transferred responsibility and the member state or member states concerned shall be relieved of that responsibility . in relation to the exercise of that responsibility by the agency , the provisions of chapters iv and v shall apply . ### upon the transfer of tasks pursuant to paragraphs 1 and 2 , the agency shall become the competent authority for the transferred certification , oversight and enforcement tasks and the national aviation authority of the member state or member states concerned shall be relieved of that responsibility . in relation to the exercise of the transferred tasks by the agency , the provisions of chapters iv and v shall apply .


### without prejudice to articles 85 and , and 92 , the management board shall take decisions by majority of its members with voting rights . at the request of a member of the management board , the decision referred to in article 85 shall be taken by unanimity . ### without prejudice to articles 85 and , and 92 , the management board shall take decisions by a two - thirds majority of its members with voting rights . at the request of a member of the management board , the decision referred to in article 85 shall be taken by unanimity .


### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay . ### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 , taking into account the principle of proportionality . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay .


### the information referred to in article 44 - of that regulation shall be made available on a single website per member state . it shall remain available for two years from the date of the initial publication . ### the information referred to in article 44 - of that regulation shall be made available on a single website per member state . it shall remain available for two years from the date of the initial publication . when that information also includes information on the existence of economic , family or other ties with a person working for the public authorities of a member state , that information must be available for at least five years from the date of first publication .


### member states shall ensure a level of checks needed for an effective management of the risks . ### member states shall ensure a level of checks needed for an effective management of the risks , taking into account the size of the parcels being checked .


### the commission is empowered to adopt delegated acts in accordance with article 100 in order to supplement this regulation concerning the conditions under which certain types of expenditure and revenue under the funds are to be compensated . ### the commission is empowered to adopt delegated acts in accordance with article 100 in order to supplement this regulation concerning the conditions of details of expenditure declarations under which certain types of expenditure and revenue under the funds are to be compensated .


### in order to provide the commission with , in particular , the means to manage agricultural markets , to facilitate the monitoring of agricultural expenditure and to monitor agricultural resources in the medium and long term , the use of the agro - meteorological system and the acquisition and improvement of satellite data should be provided for . ### in order to provide the commission with , in particular , the means to manage agricultural markets , to facilitate the monitoring of agricultural expenditure , to assess and provide timely aid in the case of natural disasters and to monitor agricultural resources in the medium and long term , the use of the agro - meteorological system and the acquisition and improvement of satellite data should be provided for .


### 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 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 and rural development .


### the delegation of power referred to in articles 1 , 8 and 10 shall be conferred on the commission for a period of five years from the date of the entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period . ### the delegation of power referred to in articles 1 , 8 , 10 and 11 shall be conferred on the commission for a period of five years from the date of the entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five - year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### proposal for a regulation of the european parliament and of the council establishing a multiannual plan for fish stocks in the western waters and adjacent waters , and for fisheries exploiting those stocks , amending regulation 2016 / 1139 establishing a multiannual plan for the baltic sea , and repealing regulations no 811 / 2004 , no 2166 / 2005 , no 388 / 2006 , 509 / 2007 and 1300 / 2008 ### proposal for a regulation of the european parliament and of the council establishing a multiannual plan for demersal fish stocks in the western waters and adjacent waters , along the eu’s atlantic coast , including the channel , and for fisheries exploiting those stocks , amending regulation 2016 / 1139 establishing a multiannual plan for the baltic sea , and repealing regulations no 811 / 2004 , no 2166 / 2005 , no 388 / 2006 , 509 / 2007 and 1300 / 2008


### where the council takes into account a significant impact of recreational fisheries in the framework of the fishing opportunities for a certain stock , it should be able to set a tac for commercial catches which takes into account the volume of recreational catches and / or to adopt other measures restricting recreational fisheries such as bag limits and closure periods . ### when mortality caused by recreational fishing has a significant impact on a stock managed on the basis of msy , the council should be able to establish individual and non - discriminatory fishing opportunities for recreational fishermen . these individual recreational fishing opportunities should cover periods of no less than one month , in line with the realities of recreational fishing practices and catches . recreational catches of certain species of high commercial value should be indicated by means of the ablation of part of the tail fin , so that these catches cannot easily be used illegally in commercial fish distribution channels .


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


### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation based on scientific advice . the plan should be evaluated by . . . [ five years after the date of entry into force of this regulation ] , and every five years thereafter . that period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted , implemented and to show effects on the stocks and fishery . it is also the minimum period required by scientific bodies . ### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation based on scientific advice . the plan should be evaluated by . . . [ five years after the date of entry into force of this regulation ] , and its provisions on the framework mechanism for council decisions on determining fishing opportunities directly on the basis of the best available scientific advice should cease to apply on 31 december xxxx [ seventh year after the date of entry into force of this regulation ] . that period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted and implemented . it is also the minimum period required by scientific bodies to evaluate the effects on stocks and fisheries , and to give parliament and the council sufficient time to come to a decision on any new proposals for the multiannual management of these stocks .


### in order to comply with the landing obligation established by article 15 of regulation no 1380 / 2013 , the plan should provide for additional management measures to be further specified in accordance with article 18 of regulation no 1380 / 2013 . ### in order to comply with the landing obligation established by article 15 of regulation no 1380 / 2013 , the plan should provide for additional management measures to be further specified in accordance with article 18 of regulation no 1380 / 2013 . it should also be specified that the landing obligation does not apply to recreational fishing .


### for each of the ices zones referred to in article 1 of this regulation , each member state shall issue fishing authorisations in accordance with article 7 of council regulation no 1224 / 2009 for vessels flying its flag which engage in fishing activities in that area . in such fishing authorisations , member states may also limit the&#160 ; total capacity expressed in kw of such vessels using a specific gear . ### for the ices zones referred to in article 1 of this regulation , each member state shall issue fishing authorisations in accordance with article 7 of council regulation no 1224 / 2009 for vessels flying its flag which engage in fishing activities in that area .


### where scientific advice indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph , the commission may adopt delegated acts in accordance with article 15 amending this regulation by adjusting the areas specified above in order to reflect that change . such adjustments shall not extend the stock areas beyond union waters of subareas 4 to 10 , and the cecaf zones 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 . 0 . ### where the best scientific advice available , in particular that of the international council for the exploration of the sea , indicates a change in the geographical distribution of the stocks listed in the first subparagraph of this paragraph , the commission may adopt delegated acts in accordance with article 15 amending this regulation by adjusting the areas specified above in order to reflect that change . such adjustments shall not extend the stock areas beyond union waters of subareas 4 to 10 , and the cecaf zones 34 . 1 . 1 , 34 . 1 . 2 and 34 . 2 . 0 .


### it should be possible to set the total allowable catches for norway lobster in western waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within that tac area . however , this does not preclude the adoption of measures to protect specific functional units . ### it should be possible to set the total allowable catches for a stock of norway lobster in western waters as the sum of the catch limits established for each functional unit and of the statistical rectangles outside the functional units within the area defined for that stock . however , this does not preclude the adoption of measures to protect specific functional units .


### the plan shall contribute to the elimination of discards , by avoiding and reducing , as far as possible , unwanted catches , and to the implementation of the landing obligation established in article 15 of regulation no 1380 / 2013 for the species which are subject to catch limits and to which this regulation applies . ### the plan shall contribute to the elimination of discards , by avoiding and reducing , as far as possible , including by the use of innovative selective fishing gear and techniques , unwanted catches , and to the implementation , as far as possible , of the landing obligation established in article 15 of regulation no 1380 / 2013 for the species which are subject to catch limits and to which this regulation applies .


### without prejudice to article 7 , the total allowable catch for the stocks of norway lobster in the western waters may be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units . ### without prejudice to article 7 , the total allowable catch for a stock of norway lobster may be the sum of the catch limits of the functional units and of the statistical rectangles outside the functional units of the area defined for that stock .


### the objective of this plan should be to contribute to the achievement of the objectives of the cfp , and in particular , reaching and maintaining msy for the target stocks , implementing the landing obligation for demersal stocks subject to catch limits , promoting a fair standard of living for those who depend on fishing activities , bearing in mind coastal fisheries and socio - economic aspects . it should also implement the ecosystem - based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem . it should be coherent with the union’s environmental legislation , in particular the objective of achieving good environmental status by 2020 and the objectives of directive 2009 / 147 / ec and council directive 92 / 43 / eec . this plan should also specify details for the implementation of the landing obligation in union waters of the western waters for all stocks of species to which the landing obligation applies under article 15 of regulation no 1380 / 2013 . ### the objective of this plan should be to contribute to the achievement of the objectives of the cfp , and in particular , reaching and maintaining msy for the target stocks , implementing the landing obligation for demersal stocks subject to catch limits , promoting a fair standard of living for those who depend on fishing activities , bearing in mind socio - economic aspects of all fisheries , including coastal fisheries . it should also implement the ecosystem - based approach to fisheries management in order to minimise negative impacts of fishing activities on the marine ecosystem . it should be coherent with the union’s environmental legislation , in particular the objective of achieving good environmental status by 2020 and the objectives of directive 2009 / 147 / ec and council directive 92 / 43 / eec . this plan should also specify details for the implementation of the landing obligation in union waters of the western waters for all stocks of species to which the landing obligation applies under article 15 of regulation no 1380 / 2013 .


### seabass in divisions 4b , 4c , 7a , and 7d–h ; ### seabass in divisions 4b , 4c , 7a , 7b , 7d–h , 7j , subarea 8 and division 9a ;


### by [ five years after the date of entry into force of this regulation ] , and every five years thereafter , the commission shall report to the european parliament and to the council on the results and impact of the plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards the achievement of the objectives set out in article 3 . ### by [ five years after the date of entry into force of this regulation ] , the commission shall report to the european parliament and to the council on the results and impact of the plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards the achievement of the objectives set out in article 3 .


### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec and the objectives set out in articles 4 and 5 of directive 2009 / 147 / ec and articles 6 and 12 of council directive 92 / 43 / eec . ### the plan shall implement the ecosystem - based approach to fisheries management in order to ensure that negative impacts of fishing activities on the marine ecosystem are minimised . it shall be coherent with union environmental legislation , in particular with the objective of achieving good environmental status by 2020 as set out in article 1 of directive 2008 / 56 / ec .


### the objectives of the cfp are , inter alia , to ensure that fishing and aquaculture are environmentally sustainable in the long term , to apply the precautionary approach to fisheries management , and to implement the ecosystem - based approach to fisheries management . ### the objectives of the cfp are , inter alia , to ensure that fishing and aquaculture are environmentally sustainable in the long term and that fishing and aquaculture activities are managed in a manner consistent with the objectives of generating economic , social and employment benefits , to apply the precautionary approach to fisheries management and to implement the ecosystem - based approach to fisheries management .


### the commission should obtain the best available scientific advice for the stocks within the scope of the multiannual plan . in order to do so it concludes memoranda of understanding with the international council for the exploration of the sea . the scientific advice issued by ices should be based on this multiannual plan and should indicate , in particular , ranges of fmsy and biomass reference points , i . e . msy btrigger and blim . those values should be indicated in the relevant stock advice and , where appropriate , in any other publicly - available scientific advice , including , for example , in mixed fisheries advice issued by ices . ### the commission should obtain the best available scientific advice for the stocks within the scope of the multiannual plan . in order to do so it concludes , in particular , memoranda of understanding with the international council for the exploration of the sea . the scientific advice issued by ices should be based on this multiannual plan and should indicate , in particular , ranges of fmsy and biomass reference points , i . e . msy btrigger and blim . those values should be indicated in the relevant stock advice and , where appropriate , in any other publicly - available scientific advice , including , for example , in mixed fisheries advice issued by ices .


### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . ### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce msy . in addition to pursuing environmental sustainability , the plan must be managed in a manner consistent with the objectives of generating economic , social and employment benefits , while contributing to the availability of food products .


### 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 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### 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 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , to contribute to enhancing global food security and to help reducing the union legislation - related administrative burden for beneficiaries . the communication also stresses the global dimension of the cap and states the union ' s commitment to enhance policy coherence for sustainable development .


### synergies between the eafrd and horizon europe should encourage that the eafrd makes the best use of research and innovation results , in particular those stemming from projects funded by horizon europe and the european innovation partnership for ‘ agricultural productivity and sustainability’ , leading to innovations in the farming sector and rural areas . ### synergies between the eafrd and horizon europe should encourage that the eafrd makes the best use of research and innovation results , in particular those stemming from projects funded by horizon europe and the european innovation partnership for ‘ agricultural productivity and sustainability’ , leading to innovations in the farming sector and rural areas . where suitable , research and innovation results should be shared with developing countries in the framework of the union’s development cooperation in order to promote sustainable development .


### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 32 300 000 000 by releasing the optional additional amount of eur 3 000 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas . ### in order to allow the elm to respond to potential upcoming challenges and union priorities , as well as to provide a strategic response addressing root causes of migration , the maximum ceiling for the eib financing operations under the eu guarantee should be increased to eur 38 500 000 000 . under the general mandate , the amount of eur 1 400 000 000 should be earmarked for projects in the public sector directed to refugees and host communities in crisis affected areas .


### a maximum amount of eur 30 000 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ; ### a maximum amount of eur 36 200 000 000 under a general mandate , of which an amount of up to eur 1 400 000 000 is earmarked for projects in the public sector directed to refugees and host communities ;


### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 20 shall not exceed eur 32 300 000 000 . amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling . ### the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2014 - 20 shall not exceed eur 38 500 000 000 . amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling .


### by 31 december 2021 , the commission shall present to the european parliament and to the council a final evaluation report on the application of this decision . ### the eib shall publish detailed information on its website , respecting commercial sensitivity regarding private sector operations , about decisions on the selection of projects to be financed , with particular reference to the reasons for rejection of projects submitted , the outcome of in - house investigations , the selection , supervision , and assessment of its activities and programmes based on clear measurable indicators , and the methods used for , and the findings of , ex ante assessments and ex post reports for every project financed . by 31 december 2021 , the commission shall present to the european parliament and to the council a final evaluation report on the application of this decision .


### the commission shall keep a central register for the data reported in accordance with articles 4 and 5 . the register shall be publicly available with the exception of data entries 1 , 24 , 25 , 32 , 33 , 39 and 40 specified in part b of annex i . ### the commission shall keep a central database for the data reported in accordance with articles 4 and 5 . the database shall be publicly and digitally available with the exception of data entries 1 , 24 , 25 , 32 , 33 , 39 and 40 specified in part b of annex i .


### the commission shall keep a central register for the data reported in accordance with articles 4 and 5 . the register shall be publicly available with the exception of data entries 1 , 24 , 25 , 32 , 33 , 39 and 40 specified in part b of annex i . ### the commission shall keep a central register for the data reported in accordance with articles 4 and 5 . the register shall be publicly available with the exception of data entries 1 , 4 , 5 , 23 , 24 , 25 , 32 , 33 , 39 and 40 specified in part b of annex i .


### technical data essential for determining the co2 emissions and fuel consumption performance of a vehicle should be publicly available to increase the transparency of the vehicle specifications and the related performance , and to foster competition among manufacturers . only data that are sensitive on the grounds of personal data protection and fair competition should not be published . however , it is clearly in the public interest that technical data essential for determining the performance of vehicles is available . such data should therefore not be exempt from public access . ### technical data essential for determining the co2 emissions and fuel consumption performance of a vehicle , as well as those determining its specification , should be publicly available to increase the transparency , and to foster competition among manufacturers . data that are sensitive on the grounds of personal data protection and fair competition should not be published .


### the commission shall publish the total number of allowances in circulation each year , by 15 may of the subsequent year . the total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 january 2008 , including the number issued pursuant to article 13 of directive 2003 / 87 / ec in that period and entitlements to use international credits exercised by installations under the eu emission trading system in respect of emissions up to 31 december of year x , minus the cumulative tonnes of verified emissions from installations under the eu emission trading system between 1 january 2008 and 31 december of year x , any allowances cancelled in accordance with article 12 of directive 2003 / 87 / ec and the number of allowances in the reserve . no account shall be taken of emissions during the three - year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions . the first publication shall take place by 15 may 2017 . ### the commission shall publish the total number of allowances in circulation each year , by 15 may of the subsequent year . the total number of allowances in circulation for year x shall be the cumulative number of allowances issued in the period since 1 january 2008 , including the number issued pursuant to article 13 of directive 2003 / 87 / ec in that period and entitlements to use international credits exercised by installations under the eu emission trading system in respect of emissions up to 31 december of year x , minus the cumulative tonnes of verified emissions from installations under the eu emission trading system between 1 january 2008 and 31 december of year x , any allowances cancelled in accordance with article 12 of directive 2003 / 87 / ec and the number of allowances in the reserve . no account shall be taken of emissions during the three - year period starting in 2005 and ending in 2007 and allowances issued in respect of those emissions . the first publication shall take place by 15 may 2016 .


### furthermore , in addition to the establishment of the market stability reserve , a few consequential amendments should be made to directive 2003 / 87 / ec to ensure consistency and smooth operation of the ets . in particular , the operation of directive 2003 / 87 / ec may lead to large volumes of allowances to be auctioned at the end of each trading period which can undermine market stability . accordingly , in order to avoid an imbalanced market situation of supply of allowances at the end of one trading period and the beginning of the next with possibly disruptive effects for the market , provision should be made for the auctioning of part of any large increase of supply at the end of one trading period in the first two years of the next period . ### furthermore , in addition to the establishment of the market stability reserve , a few consequential amendments should be made to directive 2003 / 87 / ec to ensure consistency and smooth operation of the ets . in particular , the operation of directive 2003 / 87 / ec may lead to large volumes of allowances to be auctioned at the end of each trading period which can undermine market stability . accordingly , in order to avoid an imbalanced market situation of supply of allowances at the end of one trading period and the beginning of the next with possibly disruptive effects for the market , provision should be made for cancelling any large increase of supply at the end of one trading period .


### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 2 , as published in may year x - 1 , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million . ### by 30 june of each year beginning in 2017 , a number of allowances equal to 33% of the total number of allowances in circulation in year x - 1 , as published in may year x , minus 833 million shall be placed in the reserve .


### where the volume of allowances to be auctioned by member states in the last year of each period referred to in article 13 exceeds by more than 30% the expected average auction volume for the first two years of the following period before application of article 1 of decision [ opeu please insert number of this decision when known ] , two - thirds of the difference between the volumes shall be deducted from auction volumes in the last year of the period and added in equal instalments to the volumes to be auctioned by member states in the first two years of the following period . ### where the total volume of allowances issued in each of the last two years of each period referred to in article 13 exceeds the annual volume implied by the linear reduction factor in article 9 the difference shall be deducted from auction and retired


### review by 31 december 2026 , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 . ### review of the market stability reserve within three years after the date of establishment of the market stability reserve , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall include a detailed assessment of the impact of important demand drivers , including other environmental policies , and the monitoring of the impact of the market stability reserve in the context of the annual carbon market report . the review shall pay particular attention to the extent to which article 1 and are appropriate with regard to the objective of tackling structural supply - demand imbalances . where appropriate , the commission shall submit a proposal to the european parliament and to the council .


### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 2 , as published in year x - 1 , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million . ### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 1 , as published in may year x , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million .


### where the volume of allowances to be auctioned by member states in the last year of each period referred to in article 13 exceeds by more than 30% the expected average auction volume for the first two years of the following period before application of article 1 of decision [ opeu please insert number of this decision when known ] , two - thirds of the difference between the volumes shall be deducted from auction volumes in the last year of the period and added in equal instalments to the volumes to be auctioned by member states in the first two years of the following period . ### where the total volume of allowances issued in each of the last two years of each period referred to in article 13 exceeds the annual volume implied by the linear reduction factor in article 9 the difference shall be deducted from auction and retired .


### ' 3 . member states shall determine the use of revenues generated from the auctioning of allowances . at least 50 % of the revenues generated from the auctioning of allowances referred to in paragraph 2 , including all revenues from the auctioning referred to in paragraph 2 , points and , or the equivalent in financial value of these revenues , should be used for one or more of the following : ' ### in article 10 , the introductory wording of the first subparagraph is replaced by the following : ' 3 . member states shall use the revenues generated from the auctioning of allowances referred to in paragraph 2 , or the equivalent in financial value of these revenues , primarily for the compensation of indirect costs passed on in electricity prices , and for one or more of the following : '


### in each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation in year x - 2 , as published in may year x - 1 , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million . ### on 30 june of each year beginning in 2021 , a number of allowances equal to 12% of the total number of allowances in circulation at the end of year x - 1 , as published in may year x , shall be placed in the reserve , unless this number of allowances to be placed in the reserve would be less than 100 million .


### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing allowances in the reserve are appropriate with regard to the aim pursued to tackle structural supply - demand imbalances . ### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing and releasing allowances in and from the reserve are appropriate with regard to the aim pursued to tackle structural supply - demand imbalances . to this end , a careful assessment of the impact of important demand drivers and of other environmental policies , and the monitoring of the ability of the market stability reserve to react to those drivers and policies , will be necessary in the context of the annual carbon market report .


### by 31 december 2026 , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 . ### within three years of the date of establishment of the market stability reserve , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the impacts of important market drivers and the impacts of other energy and environmental policies on the eu ets in order to assess the correct functioning of the market and to check consistency between all energy or environmental policies . it shall also pay attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 .


### where the volume of allowances to be auctioned by member states in the last year of each period referred to in article 13 exceeds by more than 30% the expected average auction volume for the first two years of the following period before application of article 1 of decision [ opeu please insert number of this decision when known ] , two - thirds of the difference between the volumes shall be deducted from auction volumes in the last year of the period and added in equal instalments to the volumes to be auctioned by member states in the first two years of the following period . ### where the volume of allowances to be auctioned by member states in the last two years of each period referred to in article 13 exceeds by more than 30% the expected auction volumes for the first two years of the following period before application of article 1 of decision [ opeu please insert number of this decision when known ] , two - thirds of the difference between the volumes shall be deducted and retired in equal instalments from auction volumes in the last two years of the period .


### “1 . from 2021 onwards , member states shall auction all allowances that are not allocated free of charge in accordance with article 10a and 10c and are not placed in the market stability reserve established by decision [ opeu please insert number of this decision when known ] of the european parliament and of the council . ” ### “1 . from 2022 onwards , member states shall auction all allowances that are not allocated free of charge in accordance with article 10a and 10c and are not placed in the market stability reserve established by decision [ opeu please insert number of this decision when known ] of the european parliament and of the council . ”


### furthermore , in addition to the establishment of the market stability reserve , a few consequential amendments should be made to directive 2003 / 87 / ec to ensure consistency and smooth operation of the ets . in particular , the operation of directive 2003 / 87 / ec may lead to large volumes of allowances to be auctioned at the end of each trading period which can undermine market stability . accordingly , in order to avoid an imbalanced market situation of supply of allowances at the end of one trading period and the beginning of the next with possibly disruptive effects for the market , provision should be made for the auctioning of part of any large increase of supply at the end of one trading period in the first two years of the next period . ### furthermore , in addition to the establishment of the market stability reserve , a few consequential amendments should be made to directive 2003 / 87 / ec to ensure consistency and smooth operation of the ets . in particular , the operation of directive 2003 / 87 / ec may lead to large volumes of allowances to be auctioned at the end of each trading period which can undermine market stability . accordingly , in order to avoid an imbalanced market situation of supply of allowances at the end of one trading period and the beginning of the next with possibly disruptive effects for the market , provision should be made for the cancellation of at least part of any large increase of supply at the end of one trading period .


### the report from the commission to the european parliament and the council on the state of the european carbon market in 21021 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework2 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . ____________________ 1 com652 final . 2 insert reference ### the report from the commission to the european parliament and the council on the state of the european carbon market in 21021 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework2 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the ets more resilient to supply - demand imbalances , and thus to correct a design error in that system , so as to enable it to function as an orderly market with stable and competitive prices , reflecting the true value of allowances , a market stability reserve should be established . the market stability reserve will also ensure synergies with other climate policies such as those on renewable energy and energy efficiency . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 1 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . ____________________ 1 com652 final . 2 insert reference


### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of phase 4 starting in 2021 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2021 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . __________________ 7 com652 final . 8 insert reference . ### the report from the commission to the european parliament and the council on the state of the european carbon market in 21027 identified the need for measures in order to tackle structural supply - demand imbalances . the impact assessment on the 2030 climate and energy policy framework8 indicates that this imbalance is expected to continue , and would not be sufficiently addressed by adapting the linear trajectory to a more stringent target within this framework . a change in the linear factor only changes gradually the cap . accordingly , the surplus would also only gradually decline , such that the market would have to continue to operate for more than a decade with a surplus of around 2 billion allowances or more , thereby preventing the ets from delivering the necessary investment signal to reduce co2 emissions in a cost efficient manner . in order to address this problem and to make the european emission trading system more resilient to imbalances , a market stability reserve should be established . to ensure regulatory certainty as regards auction supply in phase 3 and allow for some lead - time adjusting to the introduction of the design change , the market stability reserve should be established as of 2017 . in order to preserve a maximum degree of predictability , clear rules should be set for placing allowances into the reserve and releasing them from the reserve . where the conditions are met , beginning in 2017 , allowances corresponding to 12% of the number of allowances in circulation in year x - 2 should be put into the reserve . a corresponding number of allowances should be released from the reserve when the total number of allowances in circulation is lower than 400 million . __________________ 7 com652 final . 8 insert reference .


### review ### review of the market stability reserve


### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing allowances in the reserve are appropriate with regard to the aim pursued to tackle structural supply - demand imbalances . ### the commission should review the functioning of the market stability reserve in relation to its operation in the light of experience of its application . the review of the functioning of the market stability reserve should in particular consider whether the rules on placing and releasing allowances in and from the reserve are appropriate with regard to the current economic situation . costs for consumers resulting from the development of co2 prices should be duly taken into account . in that context the state of global climate change negotiations and possible ets links with other carbon markets should be taken into account .


### by 31 december 2026 , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the percentage figure for the determination of the number of allowances to be placed into the reserve according to article 1 and the numerical value of the threshold for the total number of allowances in circulation set by article 1 . ### within three years of the date of establishment of the market stability reserve , the commission shall on the basis of an analysis of the orderly functioning of the european carbon market review the market stability reserve and submit a proposal , where appropriate , to the european parliament and to the council . the review shall pay particular attention to the extent to which article 1 and are appropriate with regard to the objective of tackling structural supply - demand imbalances .


### articles 10 and 13 of directive 2003 / 87 / ec should therefore be amended accordingly , ### directive 2003 / 87 / ec should therefore be amended accordingly ,


### eurojust shall establish and maintain a special relationship with the european public prosecutor ' s office based on close cooperation and the development of operational , administrative and management links between them as defined below . to this end , the european public prosecutor and the president of eurojust shall meet on a regular basis to discuss issues of common concern . ### eurojust shall establish and maintain a special relationship with the european public prosecutor ' s office based on close cooperation and the development of operational , administrative and management links between them as defined below . to this end , the european public prosecutor and the president of eurojust shall meet on a regular basis to discuss issues of common concern and establish an action plan on the protection of financial interests of the union which shall take into account their respective fields of competence .


### order investigative measures ; ### order or request and execute investigative measures , as provided for in directive 2014 / 41 / eu of the european parliament and of the council ;


### the obligation of confidentiality shall apply to all information received by eurojust , unless that information has already been made public or is accessible to the public . ### the obligation of confidentiality shall apply to all information received or exchanged by eurojust , unless that information has already been made public or is accessible to the public .


### since the european public prosecutor ' s office should be established from eurojust , this regulation includes the provisions necessary to regulate the relations between eurojust and the european public prosecutor ' s office . ### as the european public prosecutor’s office is established by enhanced cooperation , the regulation implementing enhanced cooperation on the establishment of the european public prosecutor’s office is binding in its entirety and only directly applicable to member states that participate in enhanced cooperation . therefore , for those member states not participating in the european public prosecutor’s office , eurojust remains fully competent for forms of serious crime listed in annex i to this regulation .


### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation no 1073 / 1999 and council regulation no 2185 / 9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the union in connection with expenditure funded by eurojust . __________________ 22 oj l 292 , 15 . 11 . 1996 , p . 2 . ### olaf may carry out investigations , including on - the - spot checks and inspections , in accordance with the provisions and procedures laid down in regulation 883 / 2013 and council regulation no 2185 / 9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the union in connection with expenditure funded by eurojust . __________________ 22 oj l 292 , 15 . 11 . 1996 , p . 2 .


### the administrative director shall send the court of auditors a reply to its observations by 30 september of the following year at the latest . the administrative director shall also send this reply to the college and to the commission . ### the administrative director shall send the court of auditors a reply to its observations by 30 september of the following year at the latest . the administrative director shall also send this reply to the executive board and to the commission .


### personal data shall only be transferred by eurojust to third countries , international organisations , and interpol if this is necessary for preventing and combating crime that falls under eurojust ' s competence and in accordance with this regulation . if the data to be transferred have been provided by a member state , eurojust shall seek that member state ' s consent , unless : ### personal data shall only be transferred by eurojust union bodies , third countries , international organisations and interpol if this is necessary for preventing and combating crime that falls under eurojust ' s competence and in accordance with this regulation . if the data to be transferred have been provided by a member state , eurojust shall obtain the consent of the relevant competent authority in that member state , unless :


### to enhance operational cooperation between eurojust and europol , and particularly to establish links between data already in the possession of either body , eurojust should enable europol to have access to and be able to search against data available at eurojust . ### to enhance operational cooperation between eurojust and europol , and particularly to establish links between data already in the possession of either body , eurojust should enable europol to have access , on the basis of a hit / no - hit system , to data available at eurojust . eurojust and europol should be able to conclude a working arrangement ensuring , in a reciprocal manner within their respective mandates , access to , and the possibility of searching , all information that has been provided for the purpose of cross - checking in accordance with specific safeguards and data protection guarantees provided for in this regulation . any access to data available at eurojust should , by technical means , be limited to information falling within the respective mandates of those union bodies .


### the term of office of the administrative director shall be five years . by the end of this period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the administrative director . ### the term of office of the administrative director shall be four years . by the end of this period , the executive board shall undertake an assessment which takes into account an evaluation of the performance of the administrative director .


### the administrative director shall be accountable to the college and the executive board . ### the administrative director shall be accountable to the college .


### the college , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than five years . ### the college , acting on a proposal from the executive board which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than four years .


### in order to facilitate combating fraud , corruption and other unlawful activities under regulation no 1073 / 1999 , within six months from the entry into force of this regulation , it shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by the european anti - fraud office and adopt the appropriate provisions applicable to all the employees of eurojust using the template set out in the annex to that agreement . ### in order to facilitate combating fraud , corruption and other unlawful activities under regulation 883 / 2013 within six months from the entry into force of this regulation , eurojust shall accede to the interinstitutional agreement of 25 may 1999 concerning internal investigations by the european anti - fraud office and adopt the appropriate provisions applicable to all the employees of eurojust using the template set out in the annex to that agreement .


### the administrative director shall be appointed by the college from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college . ### the administrative director shall be appointed by the college on the grounds of merit , documented administrative and managerial skills andrelevent experience , from a list of candidates proposed by the commission , following the publication of a call for expressions of interest in the official journal of the european union and other sources , in accordance with the rules of procedure of eurojust , and an open and transparent competition . the college shall decide in accordance with the opinion of the european parliament based on the joint recommendation of the committee on civil liberties , justice and home affairs and the committee on budgetary control .


### eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more member states , or requiring a prosecution on common bases , on the basis of operations conducted and information supplied by the member states ' authorities and by europol . ### eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which eurojust is competent to deal with in accordance with article 3 and set out in annex i affecting two or more member states , or requiring a prosecution on common bases , on the basis of operations conducted and information supplied by the member states ' authorities , by europol , eppo and olaf .


### olaf may contribute to eurojust ' s coordination work regarding the protection of the financial interests of the union , in accordance with its mandate under regulation of the european parliament and of the council no . . . / 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 . ### olaf shall contribute to eurojust ' s coordination work regarding the protection of the financial interests of the union , in accordance with its mandate under regulation of the european parliament and of the council no 883 / 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 .


### in addition to the other obligations of information and consultation set out in this regulation , eurojust shall transmit to the european parliament for information : ### in addition to the other obligations of information and consultation set out in this regulation , eurojust shall transmit to the european parliament and to national parliaments in the respective official languages for information :


### the budgetary authority shall authorise the appropriations for eurojust ' s contribution . ### the budgetary authority shall authorise the appropriations for the contribution from the union to eurojust .


### –organised robbery ; ### –robbery and aggravated theft ;


### –illegal immigrant smuggling ; ### –immigrant smuggling ;


### personal data processed by eurojust may not be stored beyond the first applicable among the following dates : ### operational personal data processed by eurojust shall be stored by eurojust as long as necessary and proportionate for the purpose for which the data are processed . the operational data may not be stored beyond the first applicable among the following dates :


### the administrative director shall be appointed by the college from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college . ### the administrative director shall be appointed by the college from a list of candidates proposed by the executive board , following an open and transparent selection procedure . in accordance with the rules of procedure of eurojust . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college .


### the cooperation established in accordance with paragraph 1 shall entail the exchange of information , including personal data . any data thus exchanged shall only be used for the purposes for which it was provided . any other usage of the data shall only be allowed in as far as such usage falls within the mandate of the body receiving the data , and subject to the prior authorisation of the body which provided the data . ### in operational matters , eurojust may associate the european public prosecutor’s office with its activities concerning cross - border cases , including by : sharing information , including personal data , on its cases in accordance with the relevant provisions in this regulation ; b ) request support provided by the european public prosecutor’s office .


### contact directly and exchange information with any national competent authority of the member state ; ### contact directly and exchange information with any national competent authority of the member state or union agency and any other competent body ;


### eurojust shall transmit its annual report to the european parliament , which may present observations and conclusions . ### eurojust shall transmit its annual report to the european parliament and national parliaments , which may present observations and conclusions .


### give assistance in order to improve cooperation between the competent authorities of the member states , in particular on the basis of europol ' s analyses ; ### assist and improve cooperation between the competent authorities of the member states , in particular on the basis of europol ' s analyses ;


### the delegation of power referred to in articles 3 , 10b , 14 , 16 and 84 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the delegation of power referred to in articles 3 , 10b , 14 , 16 and 84 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### ‘ the agency shall be responsible for coordinating the existing scientific resources put at its disposal by member states for the evaluation , supervision and pharmacovigilance of medicinal products . ’ ### in article 55 , the second paragraph is replaced by the following : ‘ the agency shall be responsible for coordinating the existing scientific resources put at its disposal by member states for the evaluation , supervision and pharmacovigilance of medicinal products for human and veterinary use . ’


### the commission shall develop and maintain an information and communication system for the collection and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation . the commission , single liaison offices , and authorities designated in accordance with article 26 shall have access to that system . ### the commission shall develop and maintain an information and communication system for the collection , processing and storage of information , in a structured form , on issues relating to the enforcement of union harmonisation legislation with the aim of sharing this data among member states and allow the commission to monitor market surveillance activities . the commission , single liaison offices and authorities designated in accordance with article 26 shall have access to that system .


### market surveillance authorities may enter into memoranda of understanding with businesses or organisations representing businesses or end - users for the carrying out , or financing , of joint activities aimed at identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product . ### market surveillance authorities may enter into memoranda of understanding with economic operators , or organisations representing economic operators or end - users for the carrying out , or financing , of joint activities aimed at raising awareness , providing advice and guidance in relation to the union harmonisation legislation , promoting voluntary actions , identifying non - compliance or promoting compliance in specific geographical areas or with respect to specific categories of product , including the products sold online .


### articles 15 to 29 of regulation 765 / 2008 shall not apply to union harmonisation legislation set out in the annex . ### articles 15 to 29 of regulation 765 / 2008 are deleted .


### products deemed to be non - compliant on the basis of a decision of a market surveillance authority in one member state , shall be presumed to be non - compliant by market surveillance authorities in another member state , unless economic operators can provide evidence to the contrary . ### products deemed unsafe by a market surveillance authority , based on non - compliance , shall be presumed unsafe by another market surveillance authority , unless economic operators can provide evidence of the contrary .


### the framework for market surveillance should be strengthened , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . ### currently , the implementation of surveillance to guarantee compliance is insufficient . the framework for market surveillance should be strengthened in order to reach the set objectives , with a view to further improving compliance with and enforcement of union harmonisation legislation on products . surveillance of compliance should go beyond monitoring of safety of a product , and cover other eu standards such as labour , health and environmental standards .


### products deemed to be non - compliant on the basis of a decision of a market surveillance authority in one member state , shall be presumed to be non - compliant by market surveillance authorities in another member state , unless economic operators can provide evidence to the contrary . ### in case a product is deemed to be non - compliant on the basis of a decision of a market surveillance authority in one member state , the member state concerned should inform the union product compliance network as referred to in article 31 .


### market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance related to product safety . ### market surveillance authorities and the customs authorities shall exchange information on the status of the authorised economic operators and their record of compliance with the union harmonisation legislation , related to but not limited to product safety , including with general eu standards such as the environment and labour laws .


### cooperating with the market surveillance authorities , at their request , on any action taken to eliminate or , if that is not possible , mitigate the risks posed by the product . ### cooperate with the market surveillance authorities and take immediate action to remedy any case of non - compliance with the requirements set out in union harmonisation legislation applicable to the product in question , at their own initiative or when required to do so by the market surveillance authorities ;


### ‘ serious risk’ means any serious risk , including a serious risk where the effects are not immediate , requiring rapid intervention by the market surveillance authorities ; ### ‘ serious risk’ means any risk requiring rapid intervention and follow - up , including cases where the effects may not be immediate ; any product that does not meet an essential requirement defined in union harmonisation legislation , or any product that does not meet the general product safety criteria on the basis of directive 2001 / 95 / ec shall be considered as presenting a serious risk ;