### investments in irrigation which are not consistent with the achievement of good status of water bodies , as laid down in article 4 of directive 2000 / 60 / ec , including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan ; ### investments in irrigation which are not consistent with the achievement of good status of bodies within the meaning of directive 2000 / 60 / ec for reasons associated with water quantity , unless they are compliant with the principles described in article 4 of directive 2000 / 60 / ec ;


### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ; ### ‘ permanent grassland and permanent pasture’ shall be land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation of the holding for five years or more , as well as that has not been ploughed up for five years or more ; it shall include other species such as shrubs and / or trees which can be grazed and other species such as shrubs and / or trees which produce animal feed , provided that the grasses and other herbaceous forage remain predominant ; member states may also decide to consider as permanent grassland : land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas ; and / or land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas ;


### 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 ;


### actions to support laboratories for the analysis of apiculture products ; ### actions to support laboratories for the analysis of apiculture products , including bee losses or productivity drops that it may incur for participant beekeepers ;


### the commission is empowered to adopt delegated acts in accordance with article 138 supplementing this regulation with rules for good agricultural and environmental condition , including establishing the elements of the system of the ratio of permanent grassland , the year of reference and the rate of conversion under gaec 1 as referred to in annex iii , the format and additional minimum elements and functionalities of the farm sustainability tool for nutrients . ### the commission is empowered to adopt delegated acts in accordance with article 138 supplementing this regulation : rules establishing the elements of the system of the ratio of permanent grassland , the year of reference under gaec 1 as referred to in annex iii ; rules laying down the appropriate requirements applicable to the national or regional certification schemes referred to in point of paragraph 3a , including the level of guarantee offered by those schemes .


### improve the response of eu agriculture to societal demands on food and health , including safe , nutritious and sustainable food , food waste , as well as animal welfare . ### improve the response of eu agriculture to societal demands on food and health , including safe , nutritious and sustainable food , food waste , as well as prevention of antimicrobial resistance and enhancement of animal welfare .


### tracking climate expenditure ### tracking environmental and climate expenditure


### member states shall grant support for risk management tools under the conditions set out in this article and as further specified in their cap strategic plans . ### member states may grant support for risk management tools under the conditions set out in this article and as further specified in their cap strategic plans .


### 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 .


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


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


### improving pest resilience ; ### improving pest and animal disease resilience ;


### foster sustainable development and efficient management of natural resources such as water , soil and air ; ### contribute to the protection and improvement of the quality of air and water and promote a more sustainable use of water ;


### tracking climate expenditure ### tracking climate and biodiversity expenditure and for combating diffuse pollution


### 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 : ### 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 basic agricultural productivity , 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 :


### in view of further improving the performance of the cap , income support should be targeted to genuine farmers . in order to ensure a common approach at union level for such a targeting of support , a framework definition for ‘ genuine farmer’ displaying the essential elements should be set out . on the basis of this framework , member states should define in their cap strategic plans which farmers are not considered genuine farmers based on conditions such as income tests , labour inputs on the farm , company object and inclusion in registers . it should also not result in precluding support to pluri - active farmers , who are actively farming but who are also engaged in non - agricultural activities outside their farm , as their multiple activities often strengthen the socio - economic fabric of rural areas . ### in view of further improving the performance of the cap , income support must be targeted to eligible farmers . in order to ensure a common approach at union level for such a targeting of support , a framework definition of ‘ eligible farmer’ setting out broad criteria would allow member states define in their cap strategic plans which farmers are not considered eligible farmers based on set criteria . it should also not result in precluding support to pluri - active farmers , who are actively farming but who are also engaged in non - agricultural activities outside their farm , as their multiple activities often strengthen the socio - economic fabric of rural areas .


### where support under this type of interventions is granted to agri - environment - climate commitments , commitments to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 and forest environmental and climate services , member states shall establish a payment per hectare . ### where support under this type of interventions is granted to agri - environment - climate commitments , commitments to convert to or maintain organic farming practices and methods as defined in regulation no 834 / 2007 , member states shall establish a payment per hectare .


### promote employment , growth , social inclusion and local development in rural areas , including bio - economy and sustainable forestry ; ### promote employment , growth , social inclusion and local development in rural areas and especially in mountainous areas or other areas that are constrained naturally or for other specific reasons , including bio - economy and sustainable agriculture and forestry ;


### afforestation and non - productive investments linked to the specific environmental - and climate - related objectives set out in points , and of article 6 ; ### afforestation , regeneration of agroforestry systems and investments linked to the specific environmental - and climate - related objectives set out in points , and of article 6 ;


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


### as regards the objectives referred to in points to of article 59 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 59 member states shall choose in their cap strategic plans two or more of the following types of intervention :


### member states should set farm advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses , covering economic , environmental and social dimensions , and to identify the necessary improvements as regards all measures at farm level provided for in the cap strategic plans . these farm advisory services should help farmers and other beneficiaries of cap support to become more aware of the relationship between farm management and land management on the one hand , and certain standards , requirements and information , including environmental and climate ones , on the other hand . the list of the latter includes standards applying to or necessary for farmers and other cap beneficiaries and set in the cap strategic plan , as well as those stemming from the legislation on water , on the sustainable use of pesticides , as well as the initiatives to combat antimicrobial resistance and the management of risks . in order to enhance the quality and effectiveness of the advice , member states should integrate advisors within the agricultural knowledge and innovation systems , in order to be able to deliver up - to - date technological and scientific information developed by research and innovation . ### member states shall ensure that farmers have access to advisory services for the purpose of improving the sustainable management and overall performance of agricultural holdings and rural businesses , covering economic , environmental and social dimensions , and to identify the necessary improvements as regards all measures at farm level provided for in the cap strategic plans . these farm advisory services should help farmers and other beneficiaries of cap support to become more aware of the relationship between farm management and land management on the one hand , and certain standards , requirements and information , including environmental and climate ones , on the other hand . the list of the latter includes standards applying to or necessary for farmers and other cap beneficiaries and set in the cap strategic plan , as well as those stemming from the legislation on water , on the sustainable use of pesticides , as well as the initiatives to combat antimicrobial resistance , the management of risks and safety on farms . in order to enhance the quality and effectiveness of the advice , member states should integrate advisors within the agricultural knowledge and innovation systems , in order to be able to deliver up - to - date technological and scientific information developed by research and innovation .


### forestry measures should contribute to the implementation of the union forest strategy , and be based on member states ' national or sub - national forest programs or equivalent instruments , which should build on the commitments stemming from the regulation on the inclusion of greenhouse gas emission and removals from land use , land use energy and forestry [ lulucf regulation ] and those made in the ministerial conferences on the protection of forests in europe . interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests , including the afforestation of land and the creation and regeneration of agroforestry systems ; the protection , restoration and improvement of forest resources , taking into account adaptation needs ; investments to guarantee and enhance forest conservation and resilience , and the provision of forest ecosystem and climate services ; and measures and investments in support of the renewable energy and bio - economy . ### forestry measures should contribute to the implementation of the union forest strategy , and be based on member states ' national or sub - national forest programs or equivalent instruments , which should build on the commitments stemming from the regulation on the inclusion of greenhouse gas emission and removals from land use , land use energy and forestry [ lulucf regulation ] and those made in the ministerial conferences on the protection of forests in europe . interventions should be based on forest management plans or equivalent instruments and may comprise forest area development and sustainable management of forests , including the afforestation of land , fires prevention , and the creation and regeneration of agroforestry systems ; the protection , restoration and improvement of forest resources , taking into account adaptation needs ; investments to guarantee and enhance forest conservation and resilience , and the provision of forest ecosystem and climate services ; and measures and investments in support of the renewable energy and bio - economy .


### 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 . investments in favour of transitions towards dual economic and environmental performance systems such as digital , conservation or integrated farming systems should be specifically encouraged . 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 .


### in order to give substance to the objectives of the cap as established by article 39 of the treaty on the functioning of the european union , as well as to ensure that the union adequately addresses its most recent challenges , it is appropriate to provide for a set of general objectives reflecting the orientations given in the communication on ‘ the future of food and farming’ . a set of specific objectives should be further defined at union level and applied by the member states in their cap strategic plans . while striking a balance across the dimensions of sustainable development , in line with the impact assessment , these specific objectives should translate the general objectives of the cap into more concrete priorities and take into account relevant union legislation , particularly with regard to climate , energy and environment . ### in order to give substance to the objectives of the cap as established by article 39 of the treaty on the functioning of the european union , as well as to ensure that the union adequately addresses its most recent challenges and international undertakings , it is appropriate to provide for a set of general objectives reflecting the orientations given in the communication on ‘ the future of food and farming’ . a set of specific objectives should be further defined at union level and applied by the member states in their cap strategic plans . in order to strike a balance across the dimensions of sustainable development , member states should strive to achieve all of these specific objectives for the cap for more concrete priorities and take into account relevant union legislation , particularly with regard to climate , energy and environment .


### member states shall grant support under this type of interventions in order to promote risk management tools , which help genuine farmers manage production and income risks related to their agricultural activity which are outside their control and which contribute to achieving the specific objectives set out in article 6 . ### member states may grant support under this type of interventions in order to promote risk mitigation and management tools , which help genuine farmers avoid , reduce and manage production and income risks related to their agricultural activity which are not foreseen and outside their control and which contribute to achieving the specific objectives set out in article 6 .


### by way of derogation from the first sub - paragraph , member states that in accordance with article 53 of regulation no 1307 / 2013 used for the purpose of voluntary coupled support more than 13% of their annual national ceiling set out in annex ii to that regulation , may decide to use for the purpose of coupled income support more than 10% of the amount set out in annex vii . the resulting percentage shall not exceed the percentage approved by the commission for voluntary coupled support in respect of claim year 2018 . ### by way of derogation from the first sub - paragraph , member states that in accordance with article 53 of regulation no 1307 / 2013 used for the purpose of voluntary coupled support more than 15% of their annual national ceiling set out in annex ii to that regulation , may decide to use for the purpose of coupled income support more than 15% of the amount set out in annex vii . the resulting percentage shall not exceed the percentage approved by the commission for voluntary coupled support in respect of claim year 2018 .


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


### 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 or regional level , minimum standards for beneficiaries for good agricultural and environmental condition of land on the basis 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 involve those partners in the preparation of the cap strategic plans . ### each of the partners from shall be represented in an equal proportion , and a balanced representation between and shall be ensured . member states shall involve those partners throughout the preparation and implementation of the cap strategic plans , including through participation in monitoring committees in accordance with article 111 and ensure that all documentation is shared in a timely manner and sufficient resources are allocated for coordination and facilitation of debate among stakeholders .


### the performance bonus shall be equal to 5% of the amount per member state for financial year 2027 as set out in annex ix . ### the performance bonus shall be equal to 5% of the amount per member state for financial year 2027 as set out in annexes vii and ix .


### for the purpose of ensuring adequate financing for certain priorities , rules on minimum financial allocations for these priorities should be set for the support under eafrd . for the sake of ensuring a level playing field between farmers , a maximum allocation should also be set for the coupled support under direct payments . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for improving the competitiveness , sustainability , and / or quality of the protein crop production . ### for the purpose of ensuring adequate financing for certain priorities , rules on minimum financial allocations for these priorities should be set for the support under eafrd . for the sake of ensuring a level playing field between farmers , a maximum allocation should also be set for the coupled support under direct payments . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for improving the competitiveness , sustainability , and / or quality of the production in order to reduce dependence on imports of protein crops .


### 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 .


### soil conservation , including the enhancement of soil carbon ; ### soil conservation , including enhancement of the soil ' s ability to retain water and enhancement of soil carbon ;


### reducing waste production and improving the use and management of by - products and waste ; ### reducing emissions generation and waste production and improving the use and management of by - products and waste ;


### the schemes for the climate and the environment . ### the schemes for the climate and the environment , including water quality and quantity , air quality , soil , biodiversity and ecosystem services . .


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


### those objectives shall be complemented by the cross - cutting objective of modernising the sector by fostering and sharing of knowledge , innovation and digitalisation in agriculture and rural areas , and encouraging their uptake . ### those objectives shall be complemented by the cross - cutting objective of modernising the sector by fostering sustainable development and sharing of knowledge , innovation and digitalisation in agriculture and rural areas , and encouraging their uptake .


### member states shall support under this type of intervention genuine farmers who make commitments to observe , on eligible hectares , agricultural practices beneficial for the climate and the environment . ### member states shall support under this type of intervention genuine farmers who make commitments to observe , maintain and promote on eligible hectares , agricultural practices and systems beneficial for the climate and the environment .


### those practices shall be designed to meet one or more of the specific environmental - and climate - related objectives laid down in points , and of article 6 . ### those practices shall be designed to meet one or more of the specific environmental - , climate - related and animal welfare - related objectives laid down in points , , and of article 6 .


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


### member states shall support under this type of intervention genuine farmers who make commitments to observe , on eligible hectares , agricultural practices beneficial for the climate and the environment . ### member states shall support under this type of intervention genuine farmers or groups of farmers who make commitments to observe agricultural practices beneficial for the climate and the environment .


### member states shall establish the list of agricultural practices beneficial for the climate and the environment . ### member states shall establish the list of agricultural practices and systems beneficial for the climate and the environment . this list cannot include measures that would be funded under article 65 .


### investments in irrigation which are not consistent with the achievement of good status of water bodies , as laid down in article 4 of directive 2000 / 60 / ec , including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan ; ### investments in irrigation which are not consistent with the achievement of good status of water bodies within the meaning of directive 2000 / 60 / ec , for reasons relating to the quantity of water , unless they are compatible with the principles described in article 4 of directive 2000 / 60 / ec ;


### 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 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 define the specific good agricultural and environmental conditions and statutory management requirements to be respected by farmers , pursuant to article 25 , by making provision for derogations and simplified practices compared with ordinary beneficiaries . farmers who respect the requirements laid down in article 29 of regulation no&#160 ; 834 / 2007 as regards organic farming shall be considered ipso facto compliant with the system of conditionality pursuant to this article , excluding measures regarding maintaining grassland .


### the commission is empowered to adopt delegated acts in accordance with article 138 supplementing this regulation with rules for good agricultural and environmental condition , including establishing the elements of the system of the ratio of permanent grassland , the year of reference and the rate of conversion under gaec 1 as referred to in annex iii , the format and additional minimum elements and functionalities of the farm sustainability tool for nutrients . ### the commission is empowered to adopt delegated acts in accordance with article 138 supplementing this regulation with rules for good agricultural and environmental condition , in cases of force majeure , such as natural disasters , epidemics and plant diseases .


### on the basis of the information provided by member states the commission shall evaluate the contribution of the policy to the climate change objectives using a simple and common methodology . ### on the basis of the information provided by member states the commission shall evaluate the contribution of the policy to the environmental and climate change objectives using a simple , appropriate and common methodology .


### 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 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 .


### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . ### the communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions entitled ' the future of food and farming ' of 29 november 2017 sets out the challenges , objectives and orientations for the future common agricultural policy after 2020 . these objectives include , inter alia , the need for the cap to be more result - driven , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas , and to help reducing the union legislation - related administrative burden for beneficiaries . in order for the cap to achieve these objectives , a well - funded budget is required .


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


### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ; ### ‘ permanent grassland and permanent pasture’ shall be land used to grow grasses or other herbaceous forage naturally or through cultivation and that has not been included in the crop rotation of the holding for five years or more , as well as that has not been ploughed up for five years or more ; it shall include other species such as shrubs and / or trees which can be grazed and other species such as shrubs and / or trees which produce animal feed , provided that the grasses and other herbaceous forage remain predominant ; member states may also decide to consider as permanent grassland : land which can be grazed and which forms part of established local practices where grasses and other herbaceous forage are traditionally not predominant in grazing areas ; and / or land which can be grazed where grasses and other herbaceous forage are not predominant or are absent in grazing areas ;


### 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 , in consultation with relevant stakeholders , 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 provide the commission with all the necessary information enabling it to perform the monitoring and evaluation of the cap . ### member states shall provide the commission with all the necessary information or data enabling it to perform the monitoring and evaluation of the cap . granting of cap funds shall be conditional upon the provision by the member states of this information and data .


### the member states concerned shall set in their cap strategic plans a minimum percentage of expenditure for actions aimed at protection of the environment , adaption to climate change , improving sustainability of production systems and processes , reduction of environmental impact of the union wine sector , energy savings and improving global energy efficiency in the wine sector . ### the member states concerned shall set in their cap strategic plans at least 5% percentage of expenditure are initiated or at least one action is carried out to meet the objectives in favour of the protection of the environment , adaption to climate change , improving sustainability of production systems and processes , reduction of environmental impact of the union wine sector , energy savings and improving global energy efficiency in the wine sector .


### promote employment , growth , social inclusion and local development in rural areas , including bio - economy and sustainable forestry ; ### promote employment , growth , social inclusion and local development in rural areas and especially in mountainous areas or other areas that are constrained naturally or for other specific reasons , including bio - economy and sustainable agriculture and forestry ;


### the objective of the energy union strategy , as adopted by the commission on 25 february 20153 , is to give consumers secure , sustainable , competitive and affordable energy . more precisely , the energy union strategy emphasizes that full compliance of agreements related to the buying of energy from third countries with union law is an important element in ensuring energy security , building on the analysis already carried out in the european energy security strategy of may 20144 . in the same spirit , the european council in its conclusions of 19 march 2015 called for full compliance with union law of all agreements related to the buying of gas from external suppliers , notably by reinforcing transparency of such agreements and compatibility with union energy security provisions . ____________________ 3 com80 . 4 com 330 . ### the objective of the energy union strategy , as adopted by the commission on 25 february 20153 , is to give consumers secure , sustainable , competitive and affordable energy . this can be achieved when energy , trade and external policies are pursued in a coherent and consistent manner . more precisely , the energy union strategy emphasizes that full compliance of agreements related to the buying of energy from third countries with union law is an important element in ensuring energy security , building on the analysis already carried out in the european energy security strategy of may 20144 . in the same spirit , the european council in its conclusions of 19 march 2015 called for full compliance with union law of all agreements related to the buying of gas from external suppliers , notably by reinforcing transparency of such agreements and compatibility with union energy security provisions . given the above , the commission should attempt , within its competence and with respect to the rules of subsidiarity and proportionality , to ensure that dominant gas suppliers in a region do not abuse their position in breach of union competition rules , with particular reference to unfair prices charged in member states as well as to the use of interruptions in supplies for economic and political blackmail . ____________________ 3 com0080 . 4 com 0330 .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations the commission should have the possibility to advise on how to avoid incompatibility with union law . in particular , the commission should develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly . ### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly , within six weeks after such notification . within that period , member states shall refrain from signing or otherwise concluding the non - binding instrument . the commission’s opinion shall not be binding , but the member state may address the concerns of the commission .


### the obligation to notify to the commission according to paragraphs 2 and 3 does not apply in respect of agreements between undertakings . ### the obligation to notify to the commission according to paragraphs 2 and 3 does not apply in respect of agreements between undertakings , unless such agreements are specifically referred to in intergovernmental agreements .


### where the ratified intergovernmental agreement or amendment to the intergovernmental agreement refers explicitly to other texts , the member state concerned shall also submit those other texts in so far as they contain elements which may have an impact on the functioning of the internal energy market or on the security of energy supply in the union . ### where the ratified intergovernmental agreement or amendment to the intergovernmental agreement refers explicitly to other texts , the member state concerned shall also submit those other texts in so far as they contain any of the elements listed in point 1 of article 2 .


### 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 in respect of agreements to which only undertakings are a party .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations the commission should have the possibility to advice the member state on how to avoid incompatibility with union law . in particular , the commission should develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives including energy security objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### upon adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall notify the non - binding instrument or the amendment , including any annexes thereto , to the commission . ### before adopting a non - binding instrument or an amendment to a non - binding instrument , the member state concerned shall promptly notify the non - binding instrument or the amendment , including any annexes thereto , to the commission .


### 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 as referred to in paragraph 2 have been addressed in order to ensure full compliance with union law and the union ' s energy security objectives .


### ' 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 ' ;


### in light of the energy union strategy , transparency with regard to past and future intergovernmental agreements continues to be of upmost importance . therefore , member states should continue notifying to the commission existing and future intergovernmental agreements , whether they have entered into force or are being applied provisionally within the meaning of article 25 of the vienna convention on the law of treaties , and new intergovernmental agreements . ### in light of the energy union strategy , transparency with regard to past and future intergovernmental agreements continues to be of upmost importance and is an important element in ensuring the union’s energy stability . therefore , member states should continue notifying to the commission existing and future intergovernmental agreements , whether they have entered into force or are being applied provisionally within the meaning of article 25 of the vienna convention on the law of treaties , and new intergovernmental agreements .


### during the negotiations the commission should have the possibility to advice on how to avoid incompatibility with union law . in particular , the commission could develop , together with member states , optional model clauses or guidelines . the commission should have the possibility to draw attention to the union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions . ### during the negotiations of an intergovernmental agreement , the commission should have the possibility to advise the member state concerned on how to avoid incompatibility with union law . the commission should have the possibility to draw attention of the member state concerned to the relevant union’s energy policy objectives and the principle of solidarity between member states and union policy positions adopted in council or european council conclusions .


### 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 .


### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements and non - binding instruments in the field of energy as defined in article 2 , in order to optimise the functioning of the internal energy market . ### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements in the field of energy as defined in article 2 , in order to strengthen the functioning of the internal energy market .


### ' 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 between one or more member states and one or more third countries or between one or more member states and one or more third country undertakings in which a third - country is a major stakeholder , 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 ' ;


### the proper functioning of the internal energy market requires that the energy imported into the union be fully governed by the rules establishing the internal energy market . an internal energy market that does not function properly puts the union in a vulnerable and disadvantageous position with regard to security of energy supply , and undermines its potential benefits to european consumers and industry . ### the proper functioning of the internal energy market requires that the energy imported into the union be fully governed by the rules establishing the internal energy market . transparency and compliance with union law represents an important element in ensuring energy stability of the union . an internal energy market that does not function properly puts the union in a vulnerable and disadvantageous position with regard to security of energy supply , and undermines its potential benefits to european consumers and industry .


### 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 .


### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development of energy infrastructures ; ### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development or operation of energy infrastructures ;


### where the existing intergovernmental agreement refers explicitly to other texts , the member state concerned shall also submit those other texts in so far as they contain elements which may have an impact on the functioning of the internal energy market or on the security of energy supply in the union . ### where the existing intergovernmental agreement refers explicitly to other texts , the member state concerned shall also submit those other texts in so far as they contain any of the elements enlisted in point 1 of article 2 .


### the obligation to notify to the commission according to paragraphs 2 and 3 does not apply in respect of agreements between undertakings . ### the obligation to notify to the commission according to paragraphs 2 and 3 does not apply only in respect of agreements between undertakings .


### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements and non - binding instruments in the field of energy as defined in article 2 , in order to optimise the functioning of the internal energy market . ### this decision establishes a mechanism for the exchange of information between member states and the commission with regard to intergovernmental agreements and non - binding instruments in the field of energy as defined in article 2 , in order to optimise the functioning of the internal energy market and ensure security of energy supplies to the union .


### 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 .


### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly . ### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law and energy union objectives such as increasing energy security and diversification , the commission may inform the member state concerned accordingly .


### identifying common problems in relation to intergovernmental agreements and non - binding instruments and considering appropriate action to address those problems and , where appropriate , proposing solutions ; ### identifying common problems in relation to intergovernmental agreements and non - binding instruments and considering appropriate action to address those problems and , where appropriate , proposing guidance and solutions ;


### the improved mutual knowledge of existing and new intergovernmental agreements and non - binding instruments should allow for better coordination in energy matters between member states and between member states and the commission . such improved coordination should enable member states to benefit fully from the political and economic weight of the union and enable the commission to propose solutions for problems identified in the area of intergovernmental agreements . ### the improved mutual knowledge of existing and new intergovernmental agreements should allow for better coordination in energy matters between member states . such improved coordination should enable member states to fully benefit from the political and economic weight of the union .


### the objective of the energy union strategy , as adopted by the commission on 25 february 20153 , is to give consumers secure , sustainable , competitive and affordable energy . more precisely , the energy union strategy emphasizes that full compliance of agreements related to the buying of energy from third countries with union law is an important element in ensuring energy security , building on the analysis already carried out in the european energy security strategy of may 20144 . in the same spirit , the european council in its conclusions of 19 march 2015 called for full compliance with union law of all agreements related to the buying of gas from external suppliers , notably by reinforcing transparency of such agreements and compatibility with union energy security provisions . ____________________ 3 com80 . 4 com 330 . ### the objective of the energy union strategy , as adopted by the commission on 25 february 20153 , is to give consumers secure , sustainable , competitive and affordable energy . this can be achieved when energy , trade and external policies are pursued in a coherent and consistent manner . more precisely , the energy union strategy emphasizes that full compliance of agreements related to the buying of energy from third countries with union law is an important element in ensuring energy security , building on the analysis already carried out in the european energy security strategy of may 20144 . in the same spirit , the european council in its conclusions of 19 march 2015 called for full compliance with union law of all agreements related to the buying of gas from external suppliers , notably by reinforcing transparency of such agreements and compatibility with union energy security provisions . given the above , the commission should attempt , within its competence and with respect to the rules of subsidiarity and proportionality , to ensure that dominant gas suppliers in a region do not abuse their position in breach of union competition rules , with particular reference to unfair prices charged in member states as well as to the use of interruptions in supplies for economic and political blackmail . ____________________ 3 com0080 . 4 com 0330 .


### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development of energy infrastructures ; ### ‘ non - binding instrument’ means a legally non - binding arrangement between one or more member states and one or more third countries or regional organisations , and between one or more member states and one or more undertakings in which a participating third - country is a major stakeholder or holds a decision - making power , such as a memorandum of understanding , joint declaration , ministerial joint declaration , joint action or joint code of conduct , which contains interpretation of union law , sets the conditions for energy supply or the development of energy infrastructures ;


### authorisations procedures are based on the principle that it is for the applicant to prove that the subject matter of an authorisation procedure complies with union safety requirements given the scientific knowledge in its possession . this principle is based on the premise that public health is better protected when the burden of proof is on the applicant since it has to prove that a particular subject matter is safe prior to its placing on the market , instead of the public authorities having to prove that a subject matter is unsafe in order to be able to ban it from the market . moreover , public money should not be used to commission costly studies that will in the end help the industry to place a product on the market . according to this principle and in accordance with applicable regulatory requirements , in support of applications for an authorisation under union sectoral food law applicants are required to submit relevant studies , including tests , to demonstrate the safety and in some cases the efficacy of a subject matter . ### authorisations procedures are based on the principle that it is for the applicant to prove that the subject matter of an authorisation procedure complies with union safety requirements given the scientific knowledge in its possession . this principle is based on the premise that public health and the environment are better protected when the burden of proof is on the applicant since it has to prove that a particular subject matter is safe prior to its placing on the market , instead of the public authorities having to prove that a subject matter unsafe in order to be able to ban it from the market . moreover , public money should never be used to cover the costs of studies that will in the end help the private entities to place a product on the market . according to this principle and in accordance with applicable regulatory requirements , in support of applications for an authorisation under union sectoral food law applicants are required to submit - and cover all the costs relating to - relevant studies , including tests , to demonstrate the safety and the efficacy of a subject matter where relevant .


### to this effect , it is necessary to establish general objectives and principles of risk communication , taking into account the respective roles of risk assessors and managers . ### to this effect , it is necessary to establish general objectives and principles of risk communication , taking into account the respective roles of risk assessors and managers , while guaranteeing their independence .


### experience shows that the role of the management board of the authority is focussed on administrative and financial aspects and does not impact on the independence of the scientific work performed by the authority . it is thus appropriate to include representatives of all member states in the management board of the authority , while providing that those representatives should have experience in particular on risk assessment . ### experience shows that the role of the management board of the authority is focussed on administrative and financial aspects and does not impact on the independence of the scientific work performed by the authority . it is thus appropriate to include representatives of all member states in the management board of the authority , while providing that those representatives should have considerable experience in particular on risk assessment , after they have made a declaration of an absence of conflict of interests .


### 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 workers interests namely , one from health organisations , 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 .


### experience shows that the role of the management board of the authority is focussed on administrative and financial aspects and does not impact on the independence of the scientific work performed by the authority . it is thus appropriate to include representatives of all member states in the management board of the authority , while providing that those representatives should have experience in particular on risk assessment . ### experience shows that the role of the management board of the authority is focussed on administrative and financial aspects and does not impact on the independence of the scientific work performed by the authority . it is thus appropriate to include representatives of all member states , including representatives of civil society and industry , in the management board of the authority , while providing that those representatives should have experience in particular on risk assessment and have no conflict of interest with the applicants .


### the notified information shall be made public only in case a corresponding application for authorisation has been received and after the authority has decided on the disclosure of the accompanying studies in accordance with article 38 and articles 39 to 39f . ### the notified information shall be made public only in case a corresponding application for authorisation has been received and after the authority has decided on the disclosure of the accompanying studies and its scientific opinion in accordance with article 38 and articles 39 to 39f .


### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the commission should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake . ### food safety is a sensitive matter of prime interest for all union citizens . while maintaining the principle that the burden is on the industry to prove compliance with union requirements , it is important to establish an additional verification tool to address specific cases of high societal importance where there is a controversy on safety issues , namely the commissioning of additional studies with the objective of verifying evidence used in the context of risk assessment . considering that it would be financed by the union budget and that the use of this exceptional verification tool should remain proportionate , the authority should be responsible for triggering the commissioning of such verification studies . account should be taken of the fact that in some specific cases the studies commissioned may need to have a wider scope than the evidence at stake .


### it is therefore necessary to strengthen the transparency of the risk assessment process in a proactive manner . public access to all scientific data and information supporting requests for authorisations under union food law as well as other requests for scientific output should be ensured , as early as possible in the risk assessment process . however , this process should be without prejudice to existing intellectual property rights or to any provisions of union food law protecting the investment made by innovators in gathering the information and data supporting relevant applications for authorisations . ### it is therefore necessary to strengthen the transparency of the risk assessment process in a proactive manner . public access to all scientific data and information supporting requests for authorisations under union food law as well as other requests for scientific output should be ensured . however , this process should be without prejudice to existing intellectual property rights or to any provisions of union food law protecting the investment made by innovators in gathering the information and data supporting relevant applications for authorisations .


### the evaluation of regulation no 178 / 200221 , , found that risk communication is overall , not considered to be effective enough , which has an impact on consumers’ confidence on the outcome of the risk analysis process . _________________ 21 commission staff working document , “the refit evaluation of the general food law no 178 / 2002 ) ” , swd38 final , dated 15 . 1 . 2018 . ### the evaluation of regulation no 178 / 200221 , , found that risk communication is overall , not considered to be effective enough , which has a direct impact on consumers’ confidence on the outcome of the risk analysis process . _________________ 21 commission staff working document , “the refit evaluation of the general food law no 178 / 2002 ) ” , swd38 final , dated 15 . 1 . 2018 .


### it is therefore necessary to ensure a comprehensive and continuous risk communication process throughout risk analysis , involving union and national risk assessors and risk managers . that process should be combined with an open dialogue between all interested parties to ensure the coherence and consistency within the risk analysis process . ### it is therefore necessary to ensure a comprehensive and continuous risk communication process throughout risk analysis , involving union and national risk assessors and risk managers . that process should be combined with an open dialogue between all interested parties to ensure coherence , consistency and transparency within the risk analysis process .


### be accessible , including to those not directly involved in the process , while taking into account confidentiality and protection of personal data . ### be accessible , including to those not directly involved in the process , while respecting confidentiality and protection of personal data .


### if an applicant in the context of an authorisation procedure withdraws or has withdrawn an application , the authority , the commission and the member states shall respect the confidentiality of commercial and industrial information as accepted by the authority in accordance with articles 39to 39f . the application shall be considered withdrawn as of the moment the written request is received by the competent body that had received the original application . where the withdrawal of the application takes place before the authority has decided on the relevant confidentiality request , the authority , the commission and the member states shall not make public the information for which confidentiality has been requested . ### if an applicant in the context of an authorisation procedure withdraws or has withdrawn an application , the authority , the commission and the member states shall respect the confidentiality of commercial and industrial information as accepted by the authority in accordance with articles 39to 39f . the application shall be considered withdrawn as of the moment the written request is received by the competent body that had received the original application . where the withdrawal of the application takes place before the authority has decided on the relevant confidentiality request , the authority , the commission and the member states shall not make public any information relating to the planned application .


### where the executing authority which receives a freezing order has no competence to recognise it and take the necessary measures for its execution , it shall immediately transmit the freezing order to the competent executing authority in its member state and shall inform the issuing authority accordingly . ### where the executing authority which receives a freezing order has no competence to recognise it and take the necessary measures for its execution , it shall immediately and no later than 24 hours transmit the freezing order to the competent executing authority in its member state and shall inform the issuing authority accordingly .


### ‘ property’ means property of any description , whether corporeal or incorporeal , movable or immovable , and legal documents or instruments evidencing title or interest in such property , which the issuing authority considers to be : ### ‘ property’ means money or assets of any kind , whether corporeal or incorporeal , movable or immovable , as well as limited property rights and legal documents or instruments , in any form including electronic or digital , evidencing ownership or other title or interest in such assets , which the issuing authority considers to be :


### the notification shall contain information , at least briefly , on the reasons of the freezing order , on the authority who issued the order and on the existing legal remedies under the national law of the executing state . ### the notification shall contain information on the reasons of the freezing order , on the authority who issued the order and on the existing legal remedies under the national law of the executing state .


### this regulation lays down the rules under which a member state shall recognise and execute in its territory a freezing or a confiscation order issued by another member state within the framework of criminal proceedings . ### this regulation lays down the rules under which a member state shall recognise and execute in its territory a freezing or a confiscation order issued by another member state within the framework of proceedings in criminal matters .


### ' property’ means property of any description , whether corporeal or incorporeal , movable or immovable , and legal documents or instruments evidencing title or interest in such property , which the issuing authority considers to be : ### ' property ' means money or assets of any kind , whether corporeal or incorporeal , movable or immovable , as well as limited property rights , and legal documents or instruments , in any form , including electronic or digital , evidencing ownership or other title or interest in such assets , which the issuing authority considers to be :


### 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 .


### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 50% of the amount shall be transferred by the executing state to the issuing state . ### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 70% of the amount shall be transferred by the executing state to the issuing state .


### the executing authority shall immediately report to the issuing authority by any means capable of producing a written record on the postponement of the execution of the order , including the grounds for the postponement and , if possible , the expected duration of the postponement . ### the executing authority shall without delay make a report to the issuing authority , by any means capable of producing a written record , on the postponement of the execution of the order , including the grounds for the postponement and , if possible , the expected duration of the postponement . in the event of a postponement under the provisions of subparagraph , the issuing authority shall , in cases of execution of a confiscation order in more than one member state , issue fresh instructions as to the exact amount of money subject to confiscation .


### unless grounds for postponement pursuant to article 11 exist , the executing authority shall carry out the confiscation without delay and without prejudice to paragraph 5 of this article , not later than 30 days following the taking of the decision referred to in paragraph 2 of this article . ### unless grounds for postponement pursuant to article 11 exist , the executing authority shall carry out the confiscation without delay and without prejudice to paragraph 5 of this article , not later than 15 days following the taking of the decision referred to in paragraph 2 of this article .


### as crime is often transnational in nature , effective cross - border cooperation is essential in order to seize and confiscate the proceeds and instrumentalities of crime . ### as crime is often transnational in nature , effective cross - border cooperation is essential in order to seize and confiscate the proceeds and instrumentalities of crime . therefore , law enforcement bodies and authorities , persons , units or services within the member states should closely cooperate and communicate in order to optimize duration and efficiency of freezing and confiscation procedures .


### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal offence , resulting in the final deprivation of property from a natural or legal person ; ### ' confiscation order ' means a final penalty or measure imposed by a court following proceedings in relation to a criminal , civil or administrative&#160 ; offence , resulting in the final deprivation of property from a natural or legal person ;


### any other competent authority as defined by the issuing state which has competence in criminal proceedings to order the freezing of property or to execute a freezing order in accordance with national law . in addition , before it is transmitted to the executing authority the freezing order shall be validated , after examination of its conformity with the conditions for issuing such an order under this regulation , in particular the conditions set out in article 13 , by a judge , court , investigating judge or a public prosecutor in the issuing state . where the order has been validated by such an authority , that authority may also be regarded as an issuing authority for the purposes of transmission of the order ; ### any other competent authority as defined by the issuing state which has competence in criminal , civil or administrative proceedings to order the freezing of property or to execute a freezing order in accordance with national law . in addition , before it is transmitted to the executing authority the freezing order shall be validated , after examination of its conformity with the conditions for issuing such an order under this regulation , in particular the conditions set out in article 13 , by a judge , court , investigating judge or a public prosecutor in the issuing state . where the order has been validated by such an authority , that authority may also be regarded as an issuing authority for the purposes of transmission of the order ;


### this regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in article 6 teu . ### this regulation is without prejudice to the obligation to respect the fundamental rights and fundamental legal principles as enshrined in article 6 teu and in the charter of fundamental rights of the european union . any non - conviction based confiscation shall be consistent with the procedural safeguards contained in article 6 of the european convention on human rights and article 8 of directive 2014 / 42 / eu .


### the executing authority shall , in accordance with its national law , guarantee the confidentiality of the facts and the substance of the freezing order , except to the extent necessary to execute it . if the executing authority cannot comply with the requirement of confidentiality , it shall notify the issuing authority immediately . ### the executing authority shall , in accordance with its national law , guarantee the confidentiality of the facts and the substance of the freezing order , except to the extent necessary to execute it . if the executing authority cannot comply with the requirement of confidentiality , it shall notify the issuing authority immediately , indicating the reasons for this by any means capable of producing a written record .


### the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing state . ### without prejudice to the fundamental guarantees and rights in force in the executing member state , the substantive reasons for issuing the freezing or confiscation order shall not be challenged before a court in the executing state ,


### the executing authority shall take the decision on the recognition and execution of the freezing order , or on consulting the issuing authority in accordance with article 18 , as soon as possible and , without prejudice to paragraph 7 of this article , no later than 24 hours after the executing authority has received the freezing order . ### the executing authority shall take the decision on the recognition and execution of the freezing order , or on consulting the issuing authority in accordance with article 18 , as soon as possible and , without prejudice to paragraph 7 of this article , no later than 48 hours after the executing authority has received the freezing order .


### in respect of a confiscation order , a competent authority as defined by the issuing state which , in criminal proceedings , has competence to enforce a confiscation order issued by a court in accordance with national law ; ### in respect of a confiscation order , a competent authority as defined by the issuing state which , in criminal , civil and administrative proceedings , has competence to enforce a confiscation order issued by a court in accordance with national law ;


### this regulation should apply to all confiscation orders imposed by a court following proceedings in relation to a criminal offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal proceedings . this regulation should not apply to freezing and confiscation orders issued within the framework of civil or administrative proceedings . ### this regulation should apply to all confiscation orders imposed by a court or a competent authority following proceedings in relation to a criminal , civil or administrative offence and all freezing orders issued with a view to possible subsequent confiscation . it should therefore cover all types of orders covered by directive 2014 / 42 / eu , as well as other types of orders issued without final conviction within the framework of criminal , civil and administrative proceedings .


### ' issuing state’ means the member state in which a freezing order or a confiscation order is issued within the framework of criminal proceedings ; ### ' issuing state’ means the member state in which a freezing order or a confiscation order is issued within the framework of criminal , civil and administrative proceedings ;


### 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 .


### if the executing authority consults the issuing authority in accordance with article 18 , the executing authority shall take the decision on the recognition and execution of the freezing order without delay . ### if the executing authority consults the issuing authority in accordance with article 18 , the executing authority shall take the decision on the recognition and execution of the freezing order without delay and no later than 48 hours following the consultation .


### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 50 % of the amount shall be transferred by the executing state to the issuing state . ### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 75 % of the amount shall be transferred by the executing state to the issuing state minus the costs relating to the execution of the confiscation order , without exceeding 50 % of the amount .


### medicated feed containing antimicrobial veterinary medicinal products shall not be used to prevent diseases in food - producing animals or to enhance their performance . ### medicated feed containing antibiotic veterinary medicinal products shall not be used to prevent diseases in food - producing animals unless such use is permitted under regulation 2015 / . . . .


### medicated feed and intermediate products may be manufactured and stored before the prescription referred to in article 15 is issued . this provision shall not apply to on - farm mixers or in case of manufacture of medicated feed or intermediate products from veterinary medicinal products in accordance with articles 10 or 11 of directive 2001 / 82 / ec . ### medicated feed and intermediate products may be manufactured and stored before the prescription referred to in article 15 is issued . this provision shall not apply to mobile mixers .


### a qualified person responsible for the manufacture of medicated feed and intermediate products and a qualified person responsible for quality control shall be delegated . ### the qualified people responsible for the manufacture and quality control operations must have qualifications or specific skills in the field of veterinary medicine . the qualified people responsible for the manufacture and quality control operations may not prescribe medicated feed intended to be manufactured or inspected in the establishments in which they work .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the veterinarian or another professional person qualified to do so in accordance with applicable national law who issued the prescription and only for a diagnosed disease . the veterinarian or another professional person qualified to do so in accordance with applicable national law who issued the prescription shall verify , based on the knowledge of the feeding systems in use , the possibilities of mixing and other relevant farm specificities , that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### the prescription shall be valid for a maximum period of six months for non - food producing animals and three weeks for food - producing animals . ### the prescription shall be valid from the date of issuance for a maximum period of six months for non - food producing animals and two weeks for food - producing animals . in case of medicated feed containing veterinary medicinal products containing substances with potential to select resistance , the prescription shall be valid from the date of issuance for a maximum period of one week .