### in order to ensure a fair income and a resilient agricultural sector across the union territory , member states may grant support to farmers in areas facing natural and other area - specific constraints . as regards payments for anc , the designation of the 2014 - 2020 rural development policy should continue to apply . for the cap to deliver enhanced union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity , it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of natura 2000 and water framework directives . support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of directive 2009 / 147 / ec and directive 92 / 43 / eec and in order to contribute to the effective management of natura 2000 sites . support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the water framework directive . support should be linked to specific requirements described in the cap strategic plans that go beyond relevant mandatory standards and requirements . member states should also ensure that payments to farmers do not lead to double funding with eco schemes . furthermore , the specific needs of natura 2000 areas should be taken into account by member states in the overall design of their cap strategic plans . ### in order to ensure a fair income and a resilient agricultural sector across the union territory , member states may grant support to farmers in areas facing natural and other area - specific constraints . as regards payments for anc , the designation of the 2014 - 2020 rural development policy should continue to apply . for the cap to deliver enhanced union added on the environment and reinforce its synergies with the financing of investments in nature and biodiversity , it is necessary to keep a separate measure aiming at compensating beneficiaries for disadvantages related to the implementation of natura 2000 and water framework directives . support should therefore continue to be granted to farmers and forest holders to help address specific disadvantages resulting from the implementation of directive 2009 / 147 / ec and directive 92 / 43 / eec and in order to contribute to the effective management of natura 2000 sites . support should also be made available to farmers to help address disadvantages in river basin areas resulting from the implementation of the water framework directive . support should be linked to specific requirements described in the cap strategic plans that go beyond relevant mandatory standards and requirements . member states should also ensure that payments to farmers do not lead to double funding with eco schemes , while at the same allowing enough flexibility in strategic plans to facilitate complementarity between different interventions . furthermore , the specific needs of natura 2000 areas should be taken into account by member states in the overall design of their cap strategic plans .


### the objectives of the cap should also be pursued through support for investments , productive as well as non - productive , on farm as well as off - farm . such investments may concern , inter alia , infrastructures related to the development , modernisation or adaptation to climate change of agriculture and forestry , including access to farm and forest land , land consolidation and improvement , agro - forestry practices and the supply and saving of energy and water . in order to better ensure the consistency of the cap strategic plans with union objectives , as well as a level playing field between member states , a negative list of investment topics is included in this regulation . ### the objectives of the cap should also be pursued through support for investments , productive as well as non - productive , on farm as well as off - farm . such investments may concern , inter alia , infrastructures related to the development , modernisation or adaptation to climate change of agriculture and forestry , including access to farm and forest land , land consolidation and improvement , agro - forestry practices and the supply and saving of energy and water and protecting water quality . in order to better ensure the consistency of the cap strategic plans with union objectives , as well as a level playing field between member states , a negative list of investment topics is included in this regulation .


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


### eafrd should not provide support to investments that would harm the environment . hence it is necessary to provide in this regulation a number of exclusion rules , as well as the possibility to further develop these guarantees in delegated acts . notably , the eafrd should not finance investments in irrigation which do not contribute towards the achievement , or the preservation , of good status of the associated water body or bodies and investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles . ### eafrd should provide support in priority investments that generate both economic and environmental benefits while not supporting investments that would harm the environment . hence it is necessary to provide in this regulation a number of exclusion rules , as well as the possibility to further develop these guarantees in delegated acts . notably , the eafrd should not finance investments in irrigation which do not contribute towards obtaining a good status of the associated water body or bodies concerned within the meaning of directive 2000 / 60 / ec , for reasons related to the quantity of water , unless they are compatible with the principles described in article 4 of directive 2000 / 60 / ec , or investments in afforestation which are not consistent with climate and environmental objectives in line with sustainable forest management principles .


### a managing authority should be responsible for the management and implementation of each cap strategic plan . its duties should be specified in this regulation . the managing authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management . member states should ensure that in the management and implementation of cap strategic plans , the financial interests of the union are protected , in accordance with [ regulation x ] of the european parliament and the council [ the new financial regulation ] and regulation x of the european parliament and the council [ the new horizontal regulation ] . ### a managing authority should be responsible for the management and implementation of each cap strategic plan . however , when elements related to rural development policy are regionalised , member states should have the possibility to establish regional management authorities . their duties should be specified in this regulation . the managing authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management . member states should ensure that in the management and implementation of cap strategic plans , the financial interests of the union are protected , in accordance with [ regulation x ] of the european parliament and the council [ the new financial regulation ] and regulation x of the european parliament and the council [ the new horizontal regulation ] .


### a managing authority should be responsible for the management and implementation of each cap strategic plan . its duties should be specified in this regulation . the managing authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management . member states should ensure that in the management and implementation of cap strategic plans , the financial interests of the union are protected , in accordance with [ regulation x ] of the european parliament and the council [ the new financial regulation ] and regulation x of the european parliament and the council [ the new horizontal regulation ] . ### a managing authority should be responsible for the management and implementation of each cap strategic plan . however , where elements relating to rural development policy are dealt with on a regional basis , member states may establish regional managing authorities . its duties should be specified in this regulation . the managing authority should be able to delegate part of its duties while retaining responsibility for the efficiency and correctness of management . member states should ensure that in the management and implementation of cap strategic plans , the financial interests of the union are protected , in accordance with [ regulation x ] of the european parliament and the council [ the new financial regulation ] and regulation x of the european parliament and the council [ the new horizontal regulation ] .


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


### ' permanent crops ' shall be non - rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more , which yield repeated harvests , including nurseries and short rotation coppice ; ### ' permanent crops ' shall be non - rotational crops other than permanent grassland and permanent pasture that occupy the land for five years or more , which yield repeated harvests , including nurseries , including those in planters lined with plastic , and short rotation coppice ;


### to bolster environmental care and climate action and to contribute to the environmental - and climate - related objectives of the union ; ### to bolster environmental care and climate action and to contribute to the environmental - and climate - related objectives of the union ; observing the principles of fairness and equality without discriminating against any agricultural or livestock production , provided that mandatory legal requirements and conditionality are observed .


### the achievement of the general objectives shall be pursued through the following specific objectives : ### the following specific objectives may be used to pursue the achievement of the general objectives . member states will demonstrate through the assessment of needs why and how they intend to pursue or not several of the given objectives . if some objectives are not relevant or may be addressed through state aid support , they can not be pursued , provided that a grounded explanation is given .


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


### attract young farmers and facilitate business development in rural areas ; ### generate interest among young farmers and facilitate business development in rural areas ;


### member states shall include in their cap strategic plans a system of conditionality , under which an administrative penalty shall be imposed on beneficiaries receiving direct payments under chapter ii of this title or the annual premia under articles 65 , 66 and 67 who do not comply with the statutory management requirements under union law and the standards for good agricultural and environmental condition of land established in the cap strategic plan , as listed in annex iii , relating to the following specific areas : ### conditionality for sustainable development corresponds to the statutory management requirements under union law and the standards for good agricultural and environmental condition of land as listed in annex iii and established in the cap strategic plan , relating to the following specific areas :


### the climate and the environment ; ### basic agricultural productivity , the climate and the environment


### the rules on the administrative penalties to be included in the cap strategic plan shall respect the requirements set out in chapter iv of title iv of regulation [ hzr ] . ### the rules on the administrative penalties set out in chapter iv of title iv of regulation [ hzr ] apply to beneficiaries receiving direct payments under chapter ii of this title or the annual premiums provided for in articles 65 , 66 and 67 where they do not comply with the conditionnality rules set out in paragraph 1 .


### member states shall ensure that all agricultural areas including land which is no longer used for production purposes , is maintained in good agricultural and environmental condition . member states shall define , at national or regional level , minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in annex iii , taking into account the specific characteristics of the areas concerned , including soil and climatic condition , existing farming systems , land use , crop rotation , farming practices , and farm structures . ### member states shall ensure that all agricultural areas including land which is no longer used for production purposes , is maintained in good agricultural and environmental condition . member states shall define , at national level with regard to regional specificities , minimum standards for beneficiaries for good agricultural and environmental condition of land in line with the main objective of the standards as referred to in annex iii and stemming from local soil and climatic conditions including occurrence of drought , taking into account the specific characteristics of the areas concerned such as existing farming systems , land use , crop rotation and farming practices .


### member states shall include in the cap strategic plan a system providing services for advising farmers and other beneficiaries of cap support on land management and farm management . ### member states may include in the cap strategic plan a system providing services for advising farmers and other beneficiaries of cap support on land management and farm management .


### member states shall provide for a complementary redistributive income support for sustainability under the conditions set out in this article and as further specified in their cap strategic plans . ### member states shall provide for a complementary redistributive income support for sustainability under the conditions set out in this article and as further specified in their cap strategic plans , that will be applied by the regions .


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


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


### coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic , social or environmental reasons : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheepmeat and goatmeat , beef and veal , olive oil , silkworms , dried fodder , hops , sugar beet , cane and chicory , fruit and vegetables , short rotation coppice and other non - food crops , excluding trees , used for the production of products that have the potential to substitute fossil materials . ### coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic , social or environmental reasons : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheepmeat and goatmeat , beef and veal , olive oil and table olives , silkworms , dried fodder , hops , sugar beet , cane and chicory , fruit and vegetables , short rotation coppice and other non - food crops , excluding trees , used for the production of products that have the potential to substitute fossil materials .


### as regards the objectives referred to in points to of article 42 , member states shall choose in their cap strategic plans one or more of the following types of intervention : ### as regards the objectives referred to in points to of article 42 , member states shall choose in their cap strategic plans three or more of the following types of intervention :


### investments in tangible and non - tangible assets , in particular focused on water saving , energy saving , ecological packaging and waste reduction ; ### investments in tangible and non - tangible assets , in particular focused on water saving , energy saving , ecological packaging , waste reduction and production monitoring ;


### market withdrawal for free - distribution or other destinations ; ### market withdrawal for free - distribution or other destinations , including the cost of processing market withdrawals before distribution ;


### integrated production ; ### integrated production , promoting , developing and implementing methods of production respectful of the environment , environmentally sound cultivation practices and production techniques , sustainable use of natural resources in particular protection of water , soil and other natural resources , while reducing pesticide dependency ;


### implementation and management of third country phytosanitary protocols in the territory of the union to facilitate access to third country markets ; ### negotiation , implementation and management of third country phytosanitary protocols in the territory of the union to facilitate access to third country markets ;


### actions to combat beehive invaders and diseases , in particular varroasis ; ### actions for combating and preventing beehive invaders and diseases , in particular varroasis ;


### restocking of beehives in the union ; ### actions targeted to preserving the existing number of bee communities with the aim of increasing it and restocking of beehives in the union ;


### member states shall notify the commission annually of the number of beehives in their territory . ### member states shall notify the commission annually of the number of bee communities in their territory .


### improve competitiveness of union wine producers including contributing to improvement of sustainable production systems and reduction of environmental impact of the union wine sector ; those objectives relate to the specific objectives set out in points to and of article 6 ; ### improve competitiveness of union wine producers including reduction of environmental impact of the union wine sector ; through implementing methods of production respectful of the environment , environmentally sound cultivation practices and production techniques , sustainable use of natural resources in particular protection of water , soil and other natural resources while reducing pesticide dependency , those objectives relate to the specific objectives set out in points to and and of article 6 ;


### use of wine making by - products for industrial and energy purposes ensuring the quality of union wine while protecting the environment ; that objective relates to the specific objectives set out in points and of article 6 ; ### use of wine making by - products and residues for industrial , energy and agronomic purposes ensuring the quality of union wine while protecting the environment ; that objective relates to the specific objectives set out in points and of article 6 ;


### for each objective chosen from among those laid down in article 51 the member states shall choose in their cap strategic plans one or more of the following types of intervention : ### for each objective chosen from among those laid down in article 51 the member states shall choose in their cap strategic plans two or more of the following types of intervention :


### restructuring and conversion of vineyards , including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation , when vines have to come to the end of their natural life ; ### restructuring and conversion of vineyards , including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority or after voluntary grubbing for planting for reasons of adaptation to climate change , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation , when vines have to come to the end of their natural life ;


### the member state referred to in article 82 shall define in its cap strategic plan one or more of the types of intervention referred to in article 60 to pursue the objectives chosen as laid down in paragraph 1 . within the chosen types of intervention they shall define interventions . the member state referred to in article 82 shall substantiate in its cap strategic plan the choice of objectives , types of intervention and interventions to meet those objectives . ### the member state referred to in article 82 shall define in its cap strategic plan two or more of the types of intervention referred to in article 60 to pursue the objectives chosen as laid down in paragraph 1 . within the chosen types of intervention they shall define interventions . the member state referred to in article 82 shall substantiate in its cap strategic plan the choice of objectives , types of intervention and interventions to meet those objectives .


### reduction of environmental impact of and contribution to climate action through olive cultivation ; that objectives relate to the specific objectives set out in points and of article 6 ; ### reduction of environmental impact of and contribution to climate action , adaptation and mitigation of climate change through olive cultivation ; that objectives relate to the specific objectives set out in points and of article 6 ;


### to pursue the objectives referred to in article 56 , the member states referred to in article 82 shall choose in their cap strategic plans one or more of the types of interventions referred to in article 60 . within the chosen types of intervention , they shall define interventions . ### to pursue the objectives referred to in article 56 , the member states referred to in article 82 shall choose in their cap strategic plans two or more of the types of interventions referred to in article 60 . within the chosen types of intervention , they shall define interventions .


### promoting , developing and implementing methods of production respectful of the environment , of animal welfare standards , pest resilient and environmentally sound cultivation practices , production techniques and production methods , environmentally sound use and management of by - products and waste , sustainable use of natural resources in particular protection of water , soil and other natural resources ; those objectives relate to the specific objectives set out in points and of article 6 ; ### promoting , developing and implementing methods of production respectful of the environment , of animal welfare standards , pest resilient and environmentally sound cultivation practices , production techniques and production methods , environmentally sound use and management of by - products and waste , sustainable use of natural resources in particular protection of water , soil and other natural resources , emissions reduction and energy efficiency ; those objectives relate to the specific objectives set out in points and of article 6 ;


### research and development of sustainable production methods , including pest resilience , innovative practices and production techniques boosting economic competitiveness and bolstering market developments ; those objectives relate to the specific objectives set out in points , and of article 6 ; ### research and development of sustainable production methods , including pest and animal disease resilience , improving biosecurity and reducing antimicrobial substances , as well as innovative practices and production techniques boosting economic competitiveness and bolstering market developments ; those objectives relate to the specific objectives set out in points , and of article 6 ;


### promoting , developing and implementing methods of production respectful of the environment , of animal welfare standards , pest resilient and environmentally sound cultivation practices , production techniques and production methods , environmentally sound use and management of by - products and waste , sustainable use of natural resources in particular protection of water , soil and other natural resources ; those objectives relate to the specific objectives set out in points and of article 6 ; ### promoting , developing and implementing methods of production respectful of the environment , of animal welfare standards , pest and disease resilient and environmentally sound cultivation practices , production techniques and production methods , environmentally sound use and management of by - products and waste , sustainable use of natural resources in particular protection of water , soil and other natural resources ; those objectives relate to the specific objectives set out in points and of article 6 ;


### setting up and / or refilling of mutual funds by producer organisations recognised under regulation no 1308 / 2013 ; ### setting up and / or refilling of mutual funds or other risk management funds by producer organisations recognised under regulation no 1308 / 2013 ;


### animal health and welfare ; ### animal health and welfare , including sustainable management and the prevention of tropical and zoonotic diseases ;


### animal health and welfare ; ### biosecurity , animal health and welfare ;


### reducing waste production and improving the use and management of by - products and waste ; ### reduction of waste production and more efficient use and management of by - products and waste ;


### advisory services and technical assistance , in particular regarding climate change adaptation and mitigation ; ### advisory services and technical assistance , in particular regarding climate change adaptation and mitigation ; and combating pests and animal diseases ;


### under this type of interventions , member states shall only provide payments covering commitments which : ### under this type of interventions , for agricultural areas , member states shall only provide payments covering commitments which :


### member states shall only grant payments to farmers and other beneficiaries who undertake , on a voluntary basis , management commitments which are considered to be beneficial to achieving the specific objectives set out in article 6 . ### member states shall only grant payments to farmers and other beneficiaries who undertake , on a voluntary basis , management commitments which are considered to be beneficial and targeted to achieving the specific objectives set out in article 6 .


### member states may promote and support collective schemes and result - based payments schemes to encourage farmers to deliver a significant enhancement of the quality of the environment at a larger scale and in a measurable way . ### member states may promote and support collective schemes and result - based payments schemes to encourage farmers to deliver a significant enhancement of the quality of the environment and the enhancement of typical agricultural landscapes at a larger scale and in a measurable way .


### member states may promote and support collective schemes and result - based payments schemes to encourage farmers to deliver a significant enhancement of the quality of the environment at a larger scale and in a measurable way . ### member states may promote and support collective schemes and result - based payments schemes to encourage farmers or groups of farmers to deliver a significant enhancement of the quality of the environment at a larger scale and in a measurable way .


### member states shall ensure that interventions under this article are consistent with those granted under article 28 . ### member states , together with the regions , where relevant , shall ensure that interventions under this article are consistent with those granted under article 28 .


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


### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area - specific disadvantages in the area concerned . ### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area - specific disadvantages in the area concerned . when calculating additional costs and income foregone , member states may , where duly justified , differentiate the level of payment taking into account : - the severity of the identified permanent constraints affecting farming activities ; - the farming system .


### member states shall establish a list of ineligible investments and categories of expenditure , including at least the following : ### the ineligible investments and categories of expenditure shall be the following :


### purchase of animals , annual plants and their planting other than for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events ; ### purchase of animals , annual plants and their planting other than the protection of herds against predation or for the purpose of restoring agricultural or forestry potential following natural disaster and catastrophic events ;


### investments in the restoration of agricultural or forestry potential following natural disasters or catastrophic events and investments in appropriate preventive actions in forests and in the rural environment . ### investments in the restoration of agricultural or forestry potential following fires and other natural disasters or catastrophic events , including pests and disease , and investments in appropriate preventive actions in forests and in the rural environment .


### the methodology for the calculation of losses and triggering factors for compensation ; ### the methodology for the calculation of losses and triggering factors for compensation . support shall only be granted for insurance contracts which cover losses caused by an adverse climatic event , an animal or plant disease , a pest infestation , an environmental incident , or a measure adopted in accordance with directive 2000 / 29 / ec to eradicate or contain a plant disease , or pest which destroys the production of the farmer . indexes may be used in order to calculate the annual production of the farmer . the calculation method used shall permit the determination of the actual loss of an individual farmer in a given year . the measurement of the extent of the loss caused may be tailored to the specific characteristics of each type of product using : biological indexes or equivalent yield loss indexes established at farm , local , regional or national level , or weather indexes established at local , regional or national level ;


### member states shall ensure that overcompensation as a result of the combination of the interventions under this article with other public or private risk management schemes is avoided . ### member states shall ensure that overcompensation as a result of the combination of the interventions under this article with other public risk management schemes is avoided .


### in the case of cooperation in the context of farm succession , member states may grant support only to farmers having reached the retirement age as set under national legislation . ### in the case of cooperation in the context of farm succession and with the further aim to encourage generational renewal at farm level , member states may grant support only to farmers having reached the retirement age as set under national legislation .


### the percentage referred to in the first subparagraph , may be increased by a maximum of 2% , provided that the amount corresponding to the percentage exceeding the 10% is allocated to the support for protein crops under subsection 1 of section 2 of chapter ii of title iii . ### the percentage referred to in the first subparagraph , may be increased by a maximum of 2% , provided that the amount corresponding to the percentage exceeding the 10% is allocated to the support for oil - and protein - rich crops under subsection 1 of section 2 of chapter ii of title iii .


### up to 15% of the member state ' s allocation for direct payments set out in annex iv after deduction of the allocations for cotton set in annex vi for calendar years 2021 to 2026 to the member state ' s allocation for eafrd in financial years 2022 &#8211 ; 2027 ; or ### up to 15% of the member state ' s allocation for direct payments set out in annex iv after deduction of the allocations for cotton set in annex vi for calendar years 2021 to 2026 to the member state ' s allocation for eafrd in financial years 2023 &#8211 ; 2027 ;


### up to 15% of the member state ' s allocation for eafrd in financial years 2022 – 2027 to the member state ' s allocation for direct payments set out in annex iv for calendar years 2021 to 2026 . ### no transfers of the member state ' s allocation for eafrd to the member state ' s allocation for direct payments set out in annex iv shall be allowed .


### the percentage of transfer from member state ' s allocation for direct payments to its allocation for eafrd referred to in the first subparagraph may be increased by : ### the percentage of transfer from member state ' s allocation for direct payments to its allocation for eafrd referred to in the first subparagraph may additionally be increased by :


### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 . ### member states shall aim to make , through their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , a greater overall contribution to the achievement of the specific environmental - , climate - and animal welfare - related objectives set out in points , , and of article 6 in comparison to the overall contribution made to the achievement of the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 .


### targets for each relevant common and , where relevant , cap strategic plan specific result indicators and related milestones . the value of these targets shall be justified in view of the assessment of needs referred to in article 96 . as regards the specific objectives set out in points , , and of article 6 , targets shall be derived from the elements of explanation given in points and of paragraph 2 of this article ; ### targets for each relevant common and , where relevant , cap strategic plan specific result indicators and related milestones . the value of these targets shall be justified in view of the assessment of needs and defined for the years 2024 and 2026 . as regards the specific objectives set out in points , , and of article 6 , targets shall be derived from the elements of explanation given in points and of paragraph 2 of this article ;


### the commission shall assess the proposed cap strategic plans on the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their effective contribution to the specific objectives set out in article 6 , the impact on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration . the assessment shall address , in particular , the adequacy of the strategy of the cap strategic plan , the corresponding specific objectives , targets , interventions and the allocation of budgetary resources to meet the specific cap strategic plan objectives through the proposed set of interventions on the basis of the swot analysis and the ex - ante evaluation . ### the commission shall assess the proposed cap strategic plans on the basis of the completeness of the plans , the consistency and coherence with the general principles of union law , with this regulation and the provisions adopted pursuant to it and with the horizontal regulation , their effective contribution to the specific objectives set out in article 6 the assessment focuses in particular on the impact of the strategy contained in the cap strategic plan on the proper functioning of the internal market and distortion of competition , the level of administrative burden on beneficiaries and administration .


### the approval of each cap strategic plan shall take place no later than eight months following its submission by the member state concerned . ### the approval of each cap strategic plan shall take place no later than six months following its submission by the member state concerned .


### by 15 february 2023 and 15 february of each subsequent year until and including 2030 , the member states shall submit to the commission an annual performance report on the implementation of the cap strategic plan in the previous financial year . the report submitted in 2023 shall cover the financial years 2021 and 2022 . for direct payments as referred to in chapter ii of title iii , the report shall cover only financial year 2022 . ### by 15 february 2025 and 15 february of each subsequent year until and including 2030 , the member states shall submit to the commission an annual performance report on the implementation of the cap strategic plan in the previous financial year . the report submitted in 2025 shall cover the financial years 2023 and 2024 . for direct payments as referred to in chapter ii of title iii , the report shall cover only financial year 2024 .


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


### member states shall organise each year an annual review meeting with the commission , to be chaired jointly or by the commission , which will take place not earlier than two months after the submission of the annual performance report . ### the european commission shall organise each year an annual review meeting with the member states , to be chaired by the commission , which will take place not earlier than two months after the submission of the annual performance report .


### contribute to climate change mitigation and adaptation , as well as sustainable energy ; contribute to climate change mitigation and adaptation , as well as sustainable energy ; ### 14 carbon storage in soils and biomass : share of agricultural land under commitments to reducing emissions , maintaining and / or enhancing carbon storage r . 14 carbon storage in soils and biomass : share of agricultural land under commitments to reducing emissions , maintaining and / or enhancing carbon storage


### in order to avoid any incompliance with union law and enhance transparency , member states should inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission should be kept informed regularly of the progress of the negotiations . member states should have the possibility to invite the commission to participate in the negotiations as an observer . ### in order to avoid any incompliance with union law and provisions on union energy security , and to enhance transparency , member states should inform the commission of their intent to enter into negotiations with regard to new intergovernmental agreements or amendments to existing intergovernmental agreements as soon as possible . the commission should be kept informed regularly and adequately of the progress of the negotiations . member states should have the possibility to invite the commission to participate in the negotiations as an observer .


### in order to ensure compliance with union law , member states should notify the draft intergovernmental agreement to the commission before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying compliance issues of the draft intergovernmental agreement or amendment . the respective member state would then be better prepared to conclude a union law compliant agreement . the commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays . in order to fully benefit from the commission ' s support member states should refrain from concluding an intergovernmental agreement until the commission has informed the member state of its assessment . the member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified . ### in order to ensure compliance with union law and the objectives of the energy union strategy , member states should notify the draft intergovernmental agreement to the commission before it becomes legally binding for the parties . in a spirit of cooperation , the commission should support the member state in identifying compliance issues of the draft intergovernmental agreement or amendment . the respective member state would then be better prepared to conclude a union law compliant agreement . the commission should have sufficient time for such an assessment in order to provide for as much legal certainty as possible while avoiding undue delays which may jeopardise conclusion of the agreement . in order to fully benefit from the commission’s support member states should refrain from concluding an intergovernmental agreement until the commission has informed the member state of its assessment within the time limits indicated . the member states should take all necessary steps to find a suitable solution to eliminate the incompatibility identified .


### this decision should only apply to intergovernmental agreements that have an impact on the internal energy market or the security of energy supply in the union . in case of doubt , member states should consult the commission . in principle , agreements that are no longer in force or are no longer applied do not have an impact on the internal energy market or on the security of energy supply in the union and should therefore not be covered by this decision . ### this decision should only apply to intergovernmental agreements that concern the purchase , trade , transit , sale , storage or supply of energy in or to at least one member state , or the construction or operation of energy infrastructure with a physical connection to at least one member state . in case of doubt , member states should consult the commission . in principle , agreements that are no longer in force or are no longer applied should therefore not be covered by this decision .


### member states establish relations to third countries not only by concluding intergovernmental agreements , but also in the form of non - binding instruments . even if legally non - binding , such instruments can be used to set out a detailed framework for energy infrastructure and energy supply . in this respect non - binding instruments can have similar impacts on the internal energy market as intergovernmental agreements as their implementation might result in a violation of union law . in order to ensure greater transparency regarding all measures applied by member states that can have an impact on the internal energy market and energy security , member states should therefore submit to the commission , ex post , also the respective non - binding instruments . the commission should assess the submitted non - binding instruments and , if appropriate , inform the member state accordingly . ### member states establish relations to third countries not only by concluding intergovernmental agreements , but also in the form of non - binding instruments , which are often formally designated by terms such as memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct . even if not legally binding , such instruments can be used to set out a detailed framework for energy infrastructure and energy supply .


### intergovernmental agreements or non - binding instruments which need to be notified in their entirety to the commission on the basis of other union acts or concern matters such as within the purview of the treaty establishing the european atomic energy community should not be covered by this decision . ### intergovernmental agreements or non - binding instruments which need to be notified in their entirety to the commission on the basis of other union acts or concern matters within the purview of the treaty establishing the european atomic energy community should not be covered by this decision .


### this decision should not create obligations as regards agreements between undertakings . however , member states should be free to communicate to the commission , on a voluntary basis , such agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments . ### this decision should not create obligations as regards agreements between undertakings . however , member states should be obliged to communicate to the commission such agreements that are referred to explicitly in intergovernmental agreements or non - binding instruments .


### if a member state considers an intergovernmental agreement to be confidential , it should provide the commission with a summary of it for the purposes of sharing that summary with the other member states . ### if a member state considers an intergovernmental agreement to be confidential , it should provide the commission with a summary containing its main elements and relevant clauses , including restrictions , for the purposes of sharing that summary with the other member states .


### ' intergovernmental agreement ' means any legally binding agreement between one or more member states and one or more third countries having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the union ; however , where such a legally binding agreement also covers other issues , only those provisions that relate to energy , including general provisions applicable to those energy - related provisions , are deemed to constitute an ' intergovernmental agreement ' ; ### ' intergovernmental agreement ' means any legally binding agreement , regardless of its form or designation , between one or more member states and one or more third countries that concerns the purchase , trade , sale , transit , storage or supply of energy in or to at least one member state , or the construction or operation of energy infrastructure with a physical connection to at least one member state . however , where such a legally binding agreement also covers other issues , only the provisions related to the above - mentioned energy issues and the general provisions applicable to those energy - related provisions are deemed to constitute an ' intergovernmental agreement ' ;


### the obligation to notify to the commission according to this paragraph does not apply in respect of agreements between undertakings . ### the obligation to notify to the commission according to this paragraph does not apply only in respect of agreements between undertakings .


### the obligation to notify to the commission according to paragraphs 1 and 2 does not apply in respect of agreements between undertakings . ### the obligation to notify to the commission according to paragraphs 1 and 2 does not apply only in respect of agreements between undertakings .


### with the approval of the member state concerned , the periods referred to in paragraphs 1 and 2 may be extended . the periods referred to in paragraphs 1 and 2 shall be shortened in agreement with the commission if circumstances so warrant . ### with the approval of the member state concerned , the periods referred to in paragraphs 1 and 2 may be extended . the periods referred to in paragraphs 1 and 2 shall be shortened in agreement with the commission if circumstances so warrant , in order to ensure that the negotiations are concluded in due time .


### when signing , ratifying or agreeing to an intergovernmental agreement or amendment , the member state concerned shall take utmost account of the commission ' s opinion referred to in paragraph 2 . ### before agreeing , ratifying or signing an intergovernmental agreement or amendment , the member state concerned shall take utmost account of the commission ' s opinion referred to in paragraph 2 .


### when signing , ratifying or agreeing to an intergovernmental agreement or amendment , the member state concerned shall take utmost account of the commission’s opinion referred to in paragraph 2 . ### before signing , ratifying or agreeing to an intergovernmental agreement or amendment , the member state concerned shall demonstrate how objections expressed in the commission’s opinion referred to in paragraph 2 have been addressed in order to ensure compliance with union law and with energy union objectives .


### where a member state has not identified the information as confidential in accordance with paragraph 1 , the commission shall make that information accessible in secure electronic form to all other member states . ### where a member state has not identified the information as confidential in accordance with paragraph 1 , the commission shall make that information accessible in secure electronic form to all other member states along with the note regarding any incompatibility with union law .


### the commission shall make the summaries referred to in paragraph 3 accessible in electronic form to all other member states . ### the commission shall make the summaries referred to in paragraph 3 accessible in electronic form to all other member states together with its comments regarding the compliance with the energy union provisions .


### by 1 january 2020 at the latest , the commission shall submit a report on the application of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions . ### by . . . [ two years after the date of entry into force of this decision ] , the commission shall submit a report on the application of this decision to the european parliament , the council , the european economic and social committee and the committee of the regions .


### regulation no 178 / 2002 defines “risk analysis” as a process consisting of three interconnected components : risk assessment , risk management and risk communication . for the purposes of risk assessment at union level , it establishes the european food safety authority , as the responsible union risk assessment body in matters relating to food and feed safety . risk communication is an essential part of the risk analysis process . ### regulation no 178 / 2002 defines “risk analysis” as a process consisting of three distinct but interconnected components : risk assessment , risk management and risk communication . for the purposes of risk assessment at union level , it establishes the european food safety authority , as the responsible union risk assessment body in matters relating to food and feed safety . risk communication is an essential part of the risk analysis process and presupposes the interactive exchange of information and opinions throughout the risk analysis process as regards hazards and risks , risk - related factors and risk perceptions amongst risk assessors , risk managers , consumers , feed and food businesses , the academic community , including the explanation of risk assessment findings and the basis of risk management decisions .


### based on these general objectives and principles , a general plan on risk communication should be established in close cooperation with the authority and the member states , and following relevant public consultations . ### based on these general objectives and principles , a general plan on risk communication in real time should be established in close cooperation with the authority and the member states , and following the holding of the relevant public consultations .


### the general plan should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential public health impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate mechanisms to ensure coherent risk communication . ### the general plan should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential public health and environmental impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate and timely mechanisms to ensure coherent risk communication .


### it is appropriate to align the composition of the management board of the authority to the common approach on decentralised agencies , in accordance with the joint statement of the european parliament , the council of the european union and the european commission on decentralised agencies of 201222 . _________________ 22 https : / / europa . eu / european - union / sites / europaeu / files / docs / body / joint_statement_and_common_approach_2012_en . pdf . ### it is appropriate to align the composition of the management board of the authority to the common approach on decentralised agencies , in accordance with the joint statement of the european parliament , the council of the european union and the european commission on decentralised agencies of 201222 , while also taking into account the withdrawal of the united kingdom from the eu and the legal effects of this . _________________ 22 https : / / europa . eu / european - union / sites / europaeu / files / docs / body / joint_statement_and_common_approach_2012_en . pdf .


### the fitness check of the general food law identified certain shortcomings in the long - term capability of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels . the system has thus to be strengthened and member states should take a more active role to ensure that a sufficient pool of experts is available to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise . ### the fitness check of the general food law identified certain shortcomings in the long - term capability of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels , with two - thirds of the experts of the scientific groups coming from six member states in this instance . the system has thus to be strengthened and member states should take a more active role to ensure that a sufficient pool of experts is available to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise .


### to preserve the independence of the risk assessment from risk management and from other interests at union level , it is appropriate that the nomination of the members of the scientific panels by the member states , their selection by the executive director of the authority and their appointment by the management board of the authority are based on strict criteria ensuring the excellence and independence of the experts while ensuring the required multidisciplinary expertise for each panel . it is also essential to this end that the executive director whose function is to defend efsa’s interests and in particular the independence of its expertise has a role in the selection and appointment of those scientific experts . further measures should also be put in place to ensure that scientific experts have the means to act independently . ### to preserve the independence of the risk assessment from risk management and from other interests at union level , it is appropriate that the nomination of the members of the scientific panels by the member states , their selection by the executive director of the authority and their appointment by the management board of the authority are based on strict , transparent criteria ensuring the excellence and independence of the experts while ensuring the required multidisciplinary expertise for each panel . it is also essential to this end that the executive director whose function is to defend efsa’s interests and in particular the independence of its expertise has a role in the selection and appointment of those scientific experts . further measures should also be put in place to ensure that scientific experts have the means to act independently of the member states by whom they are appointed .


### the authority should have knowledge of the subject matter of all studies performed by an applicant with a view to a future application for an authorisation under union food law . to this end , it is necessary and appropriate that business operators commissioning the studies and laboratories carrying them out notify those studies to the authority when commissioned . information about the notified studies should be made public only once a corresponding application for authorisation has been made public in accordance with the applicable rules on transparency . ### the authority should have knowledge of the subject matter of all studies performed by an applicant with a view to a future application for an authorisation under union food law . to this end , it is necessary and appropriate that business operators commissioning the studies and laboratories carrying them out notify those studies to the authority when commissioned . information about the notified studies should be made public only once a corresponding application for authorisation has been submitted and the authority has published its official opinion .


### the authority should have knowledge of the subject matter of all studies performed by an applicant with a view to a future application for an authorisation under union food law . to this end , it is necessary and appropriate that business operators commissioning the studies and laboratories carrying them out notify those studies to the authority when commissioned . information about the notified studies should be made public only once a corresponding application for authorisation has been made public in accordance with the applicable rules on transparency . ### the authority should have knowledge of the subject matter of all studies performed by an applicant with a view to a future application for an authorisation under union food law . to this end , it is necessary and appropriate that business operators commissioning the studies and laboratories carrying them out notify those studies to the authority when commissioned . information about the notified studies should be made public only once a corresponding application for authorisation has been submitted and the authority has published its scientific opinion .


### having regard to the fact that the authority would be required to store scientific data , including confidential and personal data , it is necessary to ensure that such storage is carried out in accordance with a high level of security . ### having regard to the fact that the authority would be required to store scientific data , including confidential and personal data , it is necessary to ensure that such storage is carried out in accordance with a high level of security and in full compliance with the data protection regulation .


### for the purposes of ensuring transparency of the risk assessment process , it is also necessary to extend the scope of regulation no 178 / 2002 , currently limited to food law , to also cover applications for authorisations in the context of regulation no 1831 / 2003 as regards feed additives , regulation no 1935 / 2004 as regards food contact materials and regulation no 1107 / 2009 as regards plant protection products . ### for the purposes of ensuring the transparency and independence of the risk assessment process , it is also necessary to extend the scope of regulation no 178 / 2002 , currently limited to food law , to also cover applications for authorisations in the context of regulation no 1831 / 2003 as regards feed additives , regulation no 1935 / 2004 as regards food contact materials and regulation no 1107 / 2009 as regards plant protection products .


### in order to enable the authority and the business operators to adapt to the new requirements while ensuring that the authority continues its smooth operation , it is necessary to provide for transitional measures for the application of this regulation . ### in order to enable the authority , member states and the business operators to adapt to the new requirements and to ensure a balance between , on the one hand , benefits for citizens , member states and interested parties and , on the other hand , an negligible impact on innovation and industry as a whole , while ensuring that the authority continues its smooth operation , it is necessary to provide for transitional measures for the application of this regulation .


### ensure appropriate exchange of information with interested parties in relation to risks associated with the agri - food chain . ### ensure appropriate exchange of information with interested parties in relation to risks associated with the agri - food chain and strategies to avoid them .


### facilitate understanding and dialogue amongst all interested parties ; and ### facilitate understanding , dialogue and cooperation amongst all interested parties ; and


### make public any additional data and information for which the confidentiality request has not been accepted as justified not earlier than two weeks after the notification of its decision to the applicant has taken place , pursuant to point . ### publish non - confidential data and information relating to the application only once a final decision has been taken in respect of the confidentiality request pursuant to this article and the authority has published its scientific opinion . where an applicant withdraws the application pursuant to article 39 because the applicant deems the publication of the information planned by the authority to be too comprehensive , the authority , the commission and the member states shall refrain from publishing any information on the application for authorisation .


### the commission and the member states shall take the necessary measures so that information received by them under union food law for which confidential treatment has been requested is not made public until a decision on the confidentiality request has been taken by the authority and has become definitive . the commission and the member states shall also take the necessary measures so that information for which confidential treatment has been accepted by the authority is not made public . ### the commission and the member states shall take the necessary measures so that information received by them under union food law is not made public until a decision on the confidentiality request has been taken by the authority and its scientific opinion has been published . the commission and the member states shall also take the necessary measures so that information for which confidential treatment has been accepted by the authority is not made public .


### four members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations and one from industry organisations . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members . ### five members with the right to vote representing civil society and food chain interests namely , one from consumers organisations , one from environmental non - governmental organisations , one from farmers organisations and one from the agrochemical industry and one from the food industry . those members shall be appointed by the council in consultation with the european parliament on the basis of a list drawn up by the commission which includes more names than there are posts to be filled . the list drawn up by the commission shall be forwarded to the european parliament , together with the relevant background documents . as quickly as possible and within three months of notification , the european parliament may submit its views for consideration to the council , which shall then appoint those members .


### the members of the management board and where relevant , the alternate members shall be appointed taking into account high competence in the area of food safety risk assessment as well as competences in the food chain safety legislation and policy , and relevant managerial , administrative and budgetary / financial skills . , ### the members of the management board and where relevant , the alternate members shall be appointed taking into account high competence in the area of food safety risk assessment as well as competences in the food chain safety legislation and policy , and relevant managerial , administrative and budgetary / financial skills . ” ,


### member states shall nominate experts with a view to collectively reach the number indicated by the executive director . each member state shall nominate at least 12 scientific experts . member states may nominate nationals of other member states . ### member states may nominate experts for the fields indicated on the basis of a call for expressions of interest . member states may also nominate nationals of other member states .


### on the basis of the nominations made by member states , the executive director shall draw for each scientific panel a list of experts larger than the number of members to be appointed . the executive director may not draw up such a list where he / she can justify that the nominations received do not allow him , given the criteria for selection set up in point d ) of this paragraph , to draw up a larger list . the executive director shall submit the list to the management board for appointment . ### on the basis of the nominations made on the basis of the expressions of interest , the executive director shall draw for each scientific panel a list of experts larger than the number of members to be appointed . the executive director may not draw up such a list where he / she can justify that the nominations received do not allow him , given the criteria for selection set up in point d ) of this paragraph , to draw up a larger list . the executive director shall submit the list to the management board for appointment .


### the member states shall put in place measures ensuring that the members of the scientific panels act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . member states shall ensure that the members of the scientific panels have the means to dedicate the necessary time and effort to contribute to the work of the authority . member states shall ensure that the members of the scientific panels do not receive any instruction at any national level and that their independent scientific contribution to the risk assessment system at union level is recognised as a priority task for the protection of the safety of the food chain . ### the member states shall put in place measures ensuring that the members of the scientific panels nominated by them act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . member states shall ensure that the members of the scientific panels have the means to dedicate the necessary time and effort to contribute to the work of the authority . member states shall ensure that the members of the scientific panels do not receive any instruction at any national level and that their independent scientific contribution to the risk assessment system at union level is recognised as a priority task for the protection of the safety of the food chain .


### the commission experts shall perform controls , including audits , to obtain assurance that testing facilities comply with relevant standards for carrying out tests and studies submitted to the authority as part of an application for an authorisation under union food law . these controls shall be organised in cooperation with the competent authorities of the member states . ### the commission experts shall perform controls , including audits , to obtain assurance that testing facilities comply with relevant eu and external standards for carrying out tests and studies submitted to the authority as part of an application for an authorisation under union food law . these controls shall be organised in cooperation with the competent authorities of the member states and / or of the third countries concerned .


### commercial information revealing sourcing , market shares or business strategy of the applicant ; and ### commercial information revealing sourcing , innovative ideas for the product / substance , market shares or business strategy of the applicant ;


### commercial information revealing sourcing , market shares or business strategy of the applicant ; and ### commercial information revealing sourcing , market shares , innovative product ideas or business strategy of the applicant ; and


### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available , unless there is an overriding public interest . ### notwithstanding paragraph 1 , disclosure of names and addresses of natural persons involved in testing on vertebrate animals or in obtaining toxicological information shall be deemed to significantly harm the privacy and the integrity of those natural persons and shall not be made publicly available .


### where the relevant scientific committee is consulted under paragraph 1 , it shall make public the notification / application , relevant supporting information and any supplementary information supplied by the notifier / applicant , as well as its scientific opinions , in accordance with article 38 and articles 39 to 39f of regulation no 178 / 2002 , which shall apply mutatis mutandis , and article 25 of this directive . ” . ### where the relevant scientific committee is consulted under paragraph 1 , it shall make public the notification / application , relevant supporting information and any supplementary information supplied by the notifier / applicant , at the same time as its scientific opinion , in accordance with article 38 and articles 39 to 39f of regulation no 178 / 2002 , which shall apply mutatis mutandis , and article 25 of this directive .


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions and opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation . ### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , at the same time as its scientific opinion and opinions from the competent authorities referred to in article 4 of directive 2001 / 18 / ec , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and taking into account article 30 of this regulation . .


### ensure public access to the application and any information supplied by the applicant , in accordance with article 18 . ” ; ### ensure public access to the application and any information supplied by the applicant , at the same time as to its scientific opinion , in accordance with article 18” ;


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 , which shall apply mutatis mutandis . ### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , at the same time as its scientific opinion , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 , which shall apply mutatis mutandis .


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 . ; ### the authority shall make public , at the same time as its scientific opinion , the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 . ;


### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 , which shall apply mutatis mutandis and article 20 of this regulation . &#8221 ; ; ### the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , at the same time as its scientific opinion , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 , which shall apply mutatis mutandis and article 20 of this regulation . &#8221 ; ;


### ensure public access to the application , relevant supporting information and any supplementary information supplied by the applicant , in accordance with articles 14 and 15 . ” ; ### ensure public access to the application , relevant supporting information and any supplementary information supplied by the applicant , when it publishes its scientific opinion , in accordance with articles 14 and 15 .


### the authority shall ensure public access to the application , relevant supporting information and any supplementary information supplied by the applicant in accordance with article 23 . ; ### the authority shall ensure public access to the non - confidential elements of the application , and to the notification concerning safety concerns under article 15 , at the same time as it publishes its scientific opinion in accordance with article 23 . ” ;


### ensure public access to the application , relevant supporting information and any supplementary information supplied by the applicant , in accordance with articles 19 and 20 ; ### ensure public access to the application , relevant supporting information and any supplementary information supplied by the applicant , at the same time as to its scientific opinion , in accordance with articles 19 and 20 .


### where the commission requests an opinion from , the european food safety authority , the authority shall ensure public access to the application in accordance with article 23 and shall give its opinion as to whether the update is liable to have an effect on human health . ” ; ### where the commission requests an opinion from the european food safety authority , the authority shall ensure public access to the application in accordance with article 23 when it publishes its opinion as to the question of whether the update is liable to have an effect on human health . ” ;


### where the commission requests its opinion in accordance with articles 10 and 16 of this regulation , the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and with this article . ### where the commission requests its opinion in accordance with articles 10 and 16 of this regulation , the authority shall make public the application for authorisation , relevant supporting information and any supplementary information supplied by the applicant , as well as its scientific opinions , in accordance with article 38 , articles 39 to 39f and article 40 of regulation no 178 / 2002 and with this article , at the same time as it publishes its opinion concerning the application .


### freezing and confiscation of instrumentalities and proceeds of crime are among the most effective means of combatting crime . the european union is committed to ensuring more effective identification , confiscation and re - use of criminal assets24 . _________________ 24 ' the stockholm programme – an open and secure europe serving and protecting the citizens ' , oj c 115 , 4 . 5 . 2010 , p . 1 . ### freezing and confiscation of instrumentalities and proceeds of crime are among the most effective means of combating crime , infringements of the law , in particular by organised criminals , and terrorism , due to the fact that they deprive criminals of the proceeds of their illegal activities and prevent terrorists from organising an attack . the european union is committed to ensuring more effective identification , confiscation and re - use of criminal assets24 . confiscated criminal assets can be rechannelled into law enforcement , crime prevention or victim compensation . _________________ 24 ' the stockholm programme – an open and secure europe serving and protecting the citizens ' , oj c 115 , 4 . 5 . 2010 , p . 1 .


### the commission ' s implementation reports on framework decisions 2003 / 577 / jha and 2006 / 783 / jha show that the existing regime for the mutual recognition of freezing and confiscation orders is not fully effective . the current instruments have not been implemented and applied uniformly in the member states , leading to insufficient mutual recognition . ### the commission ' s implementation reports on framework decisions 2003 / 577 / jha and 2006 / 783 / jha show that the existing regime for the mutual recognition of freezing and confiscation orders is not fully effective . the current instruments have not been implemented and applied uniformly in the member states , leading to insufficient mutual recognition . moreover , in some member states key elements from the directive 2014 / 42 / eu such as definitions or third party confiscation were completely ignored or very poorly addressed in the transposition draft laws .


### in order to ensure effective mutual recognition of freezing and confiscation orders , the rules on recognition and execution of those orders should be established by a legally binding and directly applicable legal act of the union . ### in order to ensure effective mutual recognition of freezing and confiscation orders , the rules on recognition and execution of those orders should be established by a regulation , which is a legally binding and directly applicable legal act of the union . this regulation should lay down rules governing mutual recognition of freezing and confiscation orders pertaining to main types of confiscation existing in member states : ordinary confiscation , extended confiscation , third - party confiscation , value - based confiscation and non - conviction based confiscation .


### it is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a member state to recognise and execute in its territory freezing and confiscation orders issued by another member state within the framework of criminal proceedings . ### it is important to facilitate the mutual recognition and execution of orders to freeze and to confiscate property by establishing rules obliging a member state , without undue delay or additional formalities , to recognise and execute in its territory freezing and confiscation orders issued by another member state within the framework of criminal proceedings .


### this regulation does not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in article 6 of the teu . ### this regulation is without prejudice to the obligation to respect fundamental rights and fundamental legal principles as enshrined in article 6 of the teu .


### this regulation respects the fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . this regulation should be applied in accordance with those rights and principles . ### this regulation respects the fundamental and procedural rights and observes the relevant principles recognised in the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . this regulation should be applied in accordance with those rights and principles .


### this regulation should be applied taking into account directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings . __________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings . ### this regulation should be applied taking into account directives 2010 / 64 / eu30 , 2012 / 13 / eu31 , 2013 / 48 / eu32 , 2016 / 34333 , 2016 / 80034 and 2016 / 1919 of the european parliament and of the council35 , which concern procedural rights in criminal proceedings , and union legal acts regarding financial markets . where non - conviction based confiscations constitute preventive confiscations following proceedings in relation to criminal activities , it is extremely important to ensure that the following strict conditions are met : non - conviction - based confiscations should only be imposed against a finite list of possible targets identified by law , such as suspects of organised crime or of terrorism ; the prosecution should prove that the provenance of the property cannot be justified and that the property to be confiscated is either disproportionate with regard to the declared income or the activity carried out or is of illicit origin or the result of reinvestment of the proceeds of crime ; and effective procedural safeguards should be in place in order to ensure that the targets of non - conviction - based confiscations have the right to a fair trial and the right to an effective remedy and that their presumption of innocence is respected . __________________ 30 directive 2010 / 64 / eu of the european parliament and of the council of 20 october 2010 on the right to interpretation and translation in criminal proceedings . 31 directive 2012 / 13 / eu of the european parliament and of the council of 22 may 2012 on the right to information in criminal proceedings . 32 directive 2013 / 48 / eu of the european parliament and of the council of 22 october 2013 on the right of access to a lawyer in criminal proceedings and in european arrest warrant proceedings , and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty . 33 directive 2016 / 343 of the european parliament and of the council of 9 march 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings . 34 directive 2016 / 800 of the european parliament and of the council of 11 may 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings . 35 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings .


### the executing authority should recognise a confiscation order without further formalities and should take the necessary measures for its execution . the decision on the recognition and execution of the confiscation order should be taken and the confiscation should be carried out with the same celerity and priority as for a similar domestic case . time limits should be set out in order to ensure a quick and efficient decision and execution of the confiscation order . ### the executing authority should recognise a confiscation order without further formalities or undue delay and should take the necessary measures for its execution . the decision on the recognition and execution of the confiscation order should be taken without any undue delay and the confiscation should be carried out with the same speed and priority as for a similar domestic case . this regulation should set out time limits by which the different steps of the procedure must be completed in order to ensure a quick and efficient decision and execution of the confiscation order .


### the executing authority should recognise a freezing order without further formalities and should immediately take the necessary measures for its execution . the decision on the recognition and execution of the freezing order should be taken and the freezing should be carried out with the same celerity and priority as for a similar domestic case . time limits should be set out in order to ensure a quick and efficient decision and execution of the freezing order . ### the executing authority should recognise a freezing order without further formalities or undue delay and should immediately take the necessary measures for its execution . the decision on the recognition and execution of the freezing order should be taken without undue delay and the freezing should be carried out with the same speed and priority as for a similar domestic case . this regulation should set out firm time limits by which the different steps of the procedure must be completed in order to ensure a quick and efficient decision and execution of the freezing order .


### the recognition and execution of a freezing order or a confiscation order should not be refused on grounds other than those stated in this regulation . in particular , it should be possible for the executing authority not to recognise and execute a confiscation order on the basis of the principle ne bis in idem , of the rights of any interested party , or of the right to be present at the trial . ### it should only be possible to refuse the recognition and execution of a freezing order or a confiscation order on the grounds stated in this regulation . in particular , the executing authority may decide not to recognise and execute a confiscation order on the basis of the principle ne bis in idem , of the rights of any interested party , or of the right to be present at the trial .