### before applying paragraph 1 , member states shall subtract from the amount of direct payments to be granted to a farmer pursuant to this chapter in a given calendar year : ### before applying paragraph 1 , member states shall subtract from the amount of basic income support to be granted to a farmer pursuant to this chapter in a given calendar year :


### when setting the area threshold , member states shall aim at ensuring that decoupled direct payments may only be granted to genuine farmers if : ### when setting the minium area threshold , member states shall aim at ensuring that decoupled direct payments may only be granted to farmers if :


### the member states concerned may decide not to apply paragraph 1 to the outermost regions and to the smaller aegean islands . ### the member states concerned may decide not to apply paragraph 1 to the outermost regions and to the smaller aegean islands and in the balearic islands archipelago .


### without prejudice to articles 19 to 24 , the basic income support shall be granted for each eligible hectare declared by a genuine farmer . ### without prejudice to articles 19 to 24 , the basic income support for sustainability shall be granted on the basis of hectares or any other accepted objective criterion declared by a genuine farmer .


### member states shall allocate payment entitlements to , or increase the value of the existing payment entitlements of genuine farmers who are entitled by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a member state . member states shall ensure that those genuine farmers receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the member state . ### member states shall allocate payments to , or increase the value of the existing payment entitlements of genuine farmers who are entitled by virtue of a definitive court ruling or by virtue of a definitive administrative act of the competent authority of a member state . member states shall ensure that those genuine farmers receive the number and value of payment entitlements established in that ruling or act at a date to be fixed by the member state .


### complementary income support for young farmers ### complementary income support for young and new farmers


### 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 provide under direct payments support for a mandatory schemes for climate and environmental sustainability actions under the conditions set out in this article and as further specified in their cap strategic plans , these schemes shall be entry level schemes which shall be conditional for taking up more ambitious rural development commitments which shall be voluntary ;


### are different from commitments in respect of which payments are granted under article 65 . ### are complementary to or different from commitments in respect of which payments are granted under article 65 .


### support for eco - schemes shall take the form of an annual payment per eligible hectare and it shall be granted as either : ### support for the “eco - schemes” shall take the form of 25% of direct payments paid as annual uniform flat rate payment per eligible hectare and it shall be granted as :


### member states may grant coupled income support to genuine farmers under the conditions set out in this subsection and as further specified in their cap strategic plans . ### member states may grant coupled production support to genuine farmers under the conditions set out in this subsection and as further specified in their cap strategic plans .


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


### the maximum level of union financial assistance for market withdrawals referred to in point of article 46 and for the types of interventions referred to in article 52 ; ### the maximum level of union financial assistance for market withdrawals referred to in point of article 46 and for the types of interventions referred to in article 52 ; as well as fixed packaging and transport rates for products withdrawn for free distribution and processing costs prior to delivery for this purpose .


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


### research and experimental production , in particular focused on water saving , energy saving , ecological packaging , waste reduction , pest resilience , reduction of risks and impacts of pesticides use , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions ; ### research and experimental production , in particular focused on water harvesting , energy generation and saving , ecological packaging , waste reduction , pest resilience , reduction of risks and impacts of pesticides use , promotion of integrated pest management , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions ;


### research and experimental production , in particular focused on water saving , energy saving , ecological packaging , waste reduction , pest resilience , reduction of risks and impacts of pesticides use , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions ; ### research and experimental production , focused on targets such as water saving , energy saving , ecological packaging , waste and food wastage reduction , pest resilience , reduction of risks and impacts of pesticides use , preventing damage caused by adverse climatic events and boosting the use of fruit and vegetable varieties adapted to changing climate conditions ;


### implementation and management of third country phytosanitary protocols in the territory of the union to facilitate access to third country markets ; ### negotiation , implementation and management of phytosanitary protocols for export and import between third countries and the territory of the union to facilitate access to third country markets ; including market and production impact studies .


### advisory services and technical assistance , in particular concerning sustainable pest control techniques and sustainable use of pesticides . ### training and exchanges of good practice , advisory services and technical assistance , in particular concerning sustainable pest control techniques and sustainable use of pesticides .


### operational programs of associations of producer organisations shall not cover the same interventions as operational programs of member organisations . member states shall consider operational programs of associations of producer organisations together with operational programs of member organisations . ### associations of producer organisations may also present a partial operational program composed of measures set out but not implemented by member organisations under their operational programs . those programs shall not cover the same operations as operational programs of member organisations . member states shall consider operational programs of associations of producer organisations together with operational programs of member producers .


### the member states shall pursue at least one of the specific objectives referred to in article 6 in the apiculture sector . ### the member states shall implement two sets of measures to achieve at least one of the specific objectives referred to in article 6 in the apiculture sector : non - professional apiculture : less than 150 hives , ensuring and providing environmental benefits ; professional apiculture : between 150 and 500 hives , intended to keep the apicultural sector operating on a productive scale and keep the market supplied with honey products .


### member states shall choose in their cap strategic plans for each specific objective set out in article 6 one or more of the following types of interventions in the apiculture sector : ### member states shall choose in their cap strategic plans for each specific objective set out in article 6 one or more of the following types of interventions in the professional apiculture sector :


### restructuring and conversion of vineyards , including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation , when vines have to come to the end of their natural life ; ### restructuring and conversion of vineyards , including replanting of vineyards where that is necessary following mandatory grubbing up for health or phytosanitary reasons on the instruction of the member state competent authority , but excluding the normal renewal of vineyards consisting of replanting of the same parcel of land with the same grape variety according to the same system of vine cultivation , when vines have to come to the end of their natural life . member states shall tailor the restructuring and conversion of vineyards programmes to very small farms , putting value on the use of labour to carry out the work ;


### planning of production , adjusting production to demand , particularly in terms of quality and quantity , optimisation of production costs and returns on investments and stabilising producer prices ; those objectives relate to the specific objectives set out in points , , and of article 6 ; ### short supply chains , planning of production , adjusting production to demand , particularly in terms of quality and quantity , optimisation of production costs and returns on investments and stabilising producer prices ; those objectives relate to the specific objectives set out in points , , and of article 6 ;


### member states shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made . where necessary , they may also cover transaction costs . in duly justified cases , member states may grant support as a flat - rate or as a one - off payment per unit . payments shall be granted annually . ### member states shall compensate beneficiaries for costs incurred and income foregone resulting from the commitments made . they may also establish an incentive to cover transaction costs towards systems that are more resilient and adapted to climate change . in duly justified cases , member states may grant support as a flat - rate or as a one - off payment per unit . payments shall be granted annually .


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


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


### member states may grant payments for natural or other area - specific constraints under the conditions set out in this article and as further specified in their cap strategic plans with the view of contributing to the achievement of the specific objectives set out in article 6 . ### member states may grant payments for natural or other area - specific constraints under the conditions set out in this article and as further specified in their cap strategic plans with the view of contributing to the achievement of the specific objectives set out in article 6 , and in such a way that they are complementary and do not compete with the additional support for natural or other area - specific constraints set out in article 27 a .


### member states may grant payments for natural or other area - specific constraints under the conditions set out in this article and as further specified in their cap strategic plans with the view of contributing to the achievement of the specific objectives set out in article 6 . ### member states shall grant payments for natural or other area - specific constraints under the conditions set out in this article and as further specified in their cap strategic plans with the view to supporting farmers in disadvantaged and peripheral areas , ensuring balanced territorial development , and to contributing to the achievement of the specific objectives set out in article 6 .


### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area - specific constraints in the area concerned . ### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area - specific constraints in the area concerned , but also for the ecosystem values and goods which provide for society as a whole .


### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area - specific disadvantages in the area concerned . ### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the natural or other area - specific constraints in the area concerned .


### member states may only grant payments under this type of interventions in order to compensate beneficiaries for all or part of the additional costs and income foregone related to the area - specific disadvantages in the area concerned . ### member states shall only grant payments under this type of interventions in order to compensate beneficiaries for the additional costs and income foregone related to the area - specific disadvantages in the area concerned .


### member states may grant payments for area - specific disadvantages imposed by requirements resulting from the implementation of directives 92 / 43 / eec and 2009 / 147 / ec or directive 2000 / 60 / ec under the conditions set out in this article and as further specified in their cap strategic plans with the view of contributing to the achievement of the specific objectives set out in article 6 . ### member states shall grant mandatory payments for area - specific disadvantages imposed by requirements resulting from the implementation of directives 92 / 43 / eec and 2009 / 147 / ec or directive 2000 / 60 / ec under the conditions set out in this article and as further specified in their cap strategic plans with the view of contributing to the achievement of the specific objectives set out in article 6 . where applicable , they shall be complemented by the so - called eco - schemes , financed under the eagf . &#160 ;


### in respect of constraints arising from directive 2000 / 60 / ec , in relation to disadvantages resulting from requirements that go beyond the relevant statutory management requirements , with the exception of smr 2 as referred to in annex iii , and standards of good agricultural and environmental condition established under section 2 of chapter i of this title as well as the conditions established for the maintenance of the agricultural area in accordance with point of article 4 of this regulation . ### in respect of constraints arising from directive 2000 / 60 / ec , in relation to disadvantages resulting from complying with requirements of the relevant statutory management requirements , as referred to in annex iii , and standards of good agricultural and environmental condition established under section 2 of chapter i of this title as well as the conditions established for the maintenance of the agricultural area in accordance with point of article 4 of this regulation .


### afforestation and non - productive investments linked to the specific environmental - and climate - related objectives set out in points , and of article 6 ; ### afforestation and non - productive investments linked to the specific environmental - and climate - related objectives set out in points , and of article 6 , excluding exotic species , pines , eucalyptuses and other fast - growing species ;


### member states may only grant support under this type of interventions to help : ### member states shall grant support under this type of interventions to help :


### where applicable , an analysis of the specific needs of vulnerable geographical areas , such as the outermost regions ; ### an analysis of the specific needs of all rural areas , vulnerable geographical areas , such as peripheral areas , offshore islands and the outermost regions ;


### the description of the elements that ensure modernisation of the cap referred to in point of article 95 shall highlight the elements of the cap strategic plan that support the modernisation of the agricultural sector and the cap and shall contain in particular : ### the description of the elements that ensure the transition to an agro - ecological approach by the cap shall highlight the elements of the cap strategic plan that support the transition to an agro - ecological approach by the agricultural sector and the cap and shall contain in particular :


### an overview of how the cap strategic plan will contribute to the cross - cutting general objective related to fostering and sharing of knowledge , innovation and digitalisation and encouraging their uptake set out in the second subparagraph of article 5 , notably through : ### an overview of how the cap strategic plan will contribute to the cross - cutting general objective related to fostering and sharing of knowledge , technical and social innovation and technical knowledge in the field of agriculture and encouraging their uptake set out in the second subparagraph of article 5 , notably through :


### a description of the strategy for the development of digital technologies in agriculture and rural areas and for the use of these technologies to improve the effectiveness and efficiency of the cap strategic plan interventions . ### a description of the strategy for the development of digital technologies in agriculture and rural areas and for the conditions of use of these technologies to improve the effectiveness and efficiency of the cap strategic plan interventions .


### the member state shall set up a committee to monitor implementation of the cap strategic plan before the submission of the cap strategic plan . ### the member state shall set up a committee to monitor implementation of the cap strategic plan before the submission of the cap strategic plan . the member state may set up regional committees if it decides to apply the strategic plan regionally .


### in compliance with the principle of sound financial management , financial contributions from the egf should not replace but should , where possible , complement support measures which are available for beneficiaries within the union funds or other union policies or programmes . ### in compliance with the principle of sound financial management , financial contributions from the egf should not replace but should complement support measures businesses concerned are required to take within the context of a social plan , and measures national or regional authorities can fund themselves as well as measures which are available for beneficiaries within the union funds or other union policies or programmes . situations in which businesses first receive union subsidies for their activities , such as for innovation , and then close down profit - making establishments should be avoided . especially in those cases , contributions from the egf should be made conditional upon co - funding by the businesses concerned .


### the egf shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change . as such , the egf shall contribute to the implementation of the principles defined under the european pillar of social rights and enhance social and economic cohesion among regions and member states . ### the egf shall contribute to a better distribution of the benefits of globalisation and technological advance by helping displaced workers adapt to structural change . as such , the egf shall contribute to the implementation of the principles defined under article 151 tfeu , the european pillar of social rights and enhance social and economic cohesion among regions and member states .


### the commission and the member states shall ensure that equality between men and women and the integration of the gender perspective are an integral part of , and are promoted during , the various stages of the implementation of the financial contribution from the egf . ### the commission and the member states shall ensure that equality between the genders and the integration of the gender perspective are an integral part of , and are promoted during , the various stages of the implementation of the financial contribution from the egf .


### the framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems . ### the framework should cover the taking and landing of fisheries resources as well as the operation of fishing gears and the interaction of fishing activities with marine ecosystems and also take into account socio - economic dynamics .


### technical measures where relevant should apply to recreational fisheries which can have a significant impact on the stocks of fish and shellfish species . ### recreational fisheries has a significant impact on the stocks of fish and shellfish species , and should be regulated with set times and subject to controls .


### technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures . technical measures should also minimise and eliminate where possible , the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats . they should also contribute to having in place management measures for the purposes of complying with obligations under council directive 92 / 43 / eec19 , directive 2009 / 147 / ec of the european parliament and of the council20 and directive 2008 / 56 / ec . _________________ 19 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora oj l 206 , 22 . 7 . 1992 , p . 7 . 20 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds oj l 20 , 26 . 1 . 2010 , p . . ### technical measures should specifically provide protection for juveniles and spawning aggregations of fish through the use of selective fishing gears and avoidance measures . technical measures should also minimise and eliminate where possible , the impacts of fishing gears on the marine ecosystem and in particular on sensitive species and habitats . incentives and rewards should be granted to encourage fishers to use gears and practices which have low impact on the environment . they should also contribute to having in place management measures for the purposes of complying with obligations under council directive 92 / 43 / eec19 , directive 2009 / 147 / ec of the european parliament and of the council20 and directive 2008 / 56 / ec . _________________ 19 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora oj l 206 , 22 . 7 . 1992 , p . 7 . 20 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds oj l 20 , 26 . 1 . 2010 , p . .


### certain destructive fishing gears or methods which use explosives , poisons , stupefying substances , electric current , pneumatic hammers or other percussive instruments ; towed devices and grabs for harvesting red coral or other type of corals and coral - like species and certain spear - guns should be prohibited except in the specific case of the electric pulse trawl which may be used under certain strict conditions . ### certain destructive fishing gears or methods which use explosives , poisons , stupefying substances , electric current , pneumatic hammers or other percussive instruments ; towed devices and grabs for harvesting red coral or other type of corals and coral - like species and certain spear - guns should be prohibited .


### member states in conjunction with stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the cfp . ### member states in close cooperation with relevant advisory councils and stakeholders can develop joint recommendations for appropriate technical measures that deviate from the baselines in accordance with the regionalisation process set out in the cfp .


### in developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations , regional groups of member states should define the specifications , extent , duration , gear restrictions and control and monitoring arrangements in their joint recommendations . ### in developing joint recommendations to amend or establish new closed or restricted areas in multiannual plans to protect juveniles and spawning aggregations , regional groups of member states should define the specifications , extent , duration , gear restrictions , exemptions where appropriate , and control and monitoring arrangements in their joint recommendations .


### the creation of real - time closures in conjunction with moving - on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations . the conditions for the establishment and lifting of such areas as well as the control and monitoring arrangements should be defined in the relevant joint recommendations . ### the creation of real - time closures in conjunction with moving - on provisions as an additional measure for the protection of juveniles or spawning aggregations should be allowed as an option to be developed under joint recommendations . the conditions for the establishment and lifting of such areas , including exemptions where appropriate , as well as the control and monitoring arrangements should be defined in the relevant joint recommendations .


### on the basis of scientific assessment of the impacts of innovative gears , duly evaluated by the stecf , the use of such or extension to the use of novel gears , such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of member states . the use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non - target species . ### on the basis of scientific assessment of the impacts of innovative gears , duly evaluated by the stecf , including for the risks of occurrence of bad practices that lead to unselective fishing and suggesting the means to prevent them , the use of such or extension to the use of novel gears , such as the electric pulse trawl could be included as an option in joint recommendations from regional groups of member states . the use of innovative fishing gears should not be permitted where scientific assessment indicates that their use will lead to negative impacts on sensitive habitats and non - target species .


### in order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats . where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds . ### in order to minimize and where possible , eliminate the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats . where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears and freezer factory vessels , otherwise known as super - trawlers , or even the introduction of a total prohibition on their use in that region to safeguard the marine environment , local fish stocks and the local coastal communities concerned . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds .


### in order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats . where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds . ### in order to minimise the bycatches of sensitive species and impacts of fishing gears on sensitive habitats , regional groups of member states should develop additional mitigation measures to reduce the impacts of fishing on sensitive species and habitats . where scientific evidence shows that there is a serious threat to the conservation status of such species and habitats then member states should introduce additional restrictions on the construction and operation of certain fishing gears or even the introduction of a total prohibition on their use in that region . in particular such provisions could be applied to the use of driftnets which in certain areas has resulted in significant catches of cetaceans and seabirds . appropriate level of consultations with directly concerned fishers should be ensured .


### where available scientific advice indicates that immediate action is required to protect marine species , the commission should be able in duly justified cases to adopt immediately applicable delegated acts establishing technical measures to alleviate such threats , in addition to or by way of derogation to this regulation or technical measures otherwise fixed in accordance with union law . those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock , to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock . they could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods . ### where available scientific advice indicates that immediate action is required to protect marine species , subject to a transitional period and consultations with the member states and stakeholders concerned , the commission can in duly justified cases adopt applicable delegated acts establishing technical measures to alleviate such threats , in addition to or by way of derogation to this regulation or technical measures otherwise fixed in accordance with union law . those measures should be designed in particular to address unexpected changes in stock patterns as a result of high or low levels of recruitment of juveniles into a stock , to provide protection for spawning fish or shellfish when stocks are at very low levels or other changes in the conservation status of fish stocks which may threaten the status of a stock . they could include restrictions on the use of towed or static gears or on fishing activities in certain areas or during certain periods .


### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to update the list of fish and shellfish for which directed fishing is prohibited ; to update the list of sensitive areas where fishing should be restricted ; to adopt technical measures as part of multiannual plans ; and to adopt technical measures as part of temporary discard plans . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to update the list of fish , shellfish and other species for which directed fishing is prohibited ; to update the list of sensitive areas where fishing should be restricted ; to adopt technical measures as part of multiannual plans ; and to adopt technical measures as part of temporary discard plans . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### ensure that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ; ### ensure , including using appropriate incentives and rewards , that the environmental impacts of fishing on marine habitats are minimised and where possible eliminated such that they do not represent a threat to the conservation status of those habitats ;


### ‘ static nets’ means any type of gillnet , entangling net or trammel net that is either anchored to the seabed or allowed to drift with the tide for fish to swim into and become entangled or enmeshed in the netting ; ### ‘ static nets’ means any type of gillnet , entangling net or trammel net that is anchored to the seabed for fish to swim into and become entangled or enmeshed in the netting ;


### ‘ bottom - set gillnet’ means a net made up of a single piece of net and held vertically in the water by floats and weights . it catches living aquatic resources by enmeshing them and is fixed , or capable of being fixed by any means to the seabed ; ### ‘ bottom - set gillnet’ means a static net made up of a single piece of net and held vertically in the water by floats and weights . it catches living aquatic resources by enmeshing them and is fixed , or capable of being fixed by any means to the seabed ;


### ‘ bottom set trammel net’ means a net made up of two or more layers of netting with two outer layers of a large mesh size with a sheet of fine small mesh sandwiched between them and is fixed , or capable of being fixed by any means to the seabed ; ### ‘ bottom set trammel net’ means a rectangular bottom - set gillnet made up of one or more sections joined together ; each section is made up of three superimposed sheets of netting held in place between two ropes , with systems designed to ensure that they remain suspended vertically ; the two outer sheets are the same size and have the same mesh size and twine diameter ; the inner sheet , with a smaller mesh size , may be larger ;


### ‘ longline’ means a fishing gear consisting of a main line , sometimes of considerable length , to which snoods with baited or unbaited hooks are fixed at regular intervals . the main line is anchored either horizontally on or near the bottom , vertically or can be allowed to drift on the surface ; ### ‘ longline’ means a fishing gear consisting of a mother line , variable in length , from which thinner secondary lines extend , to which the hooks are attached ; it may be a bottom line or a surface line , depending on whether or not the line is in contact with the seabed .


### ‘ pots and creels’ means traps in the form of cages or baskets made with various materials designed to catch crustaceans or fish that are set on the seabed either singly or in rows connected by ropes to buoys on the surface showing their position and having one or more openings or entrances ; ### ‘ pots and creels’ means passive gear , fixed to the bottom , constructed in the form of baskets or cages comprising a rigid or semi - rigid frame made with various materials , which is normally covered with netting ; they have one or more openings or mouths with smooth ends and no sharp edges which allow species to enter the gear’s internal chamber , generally attracted by bait placed inside .


### ' high grading ' means the practice of discarding low priced fish that are subject to catch limits , even though they could have been legally landed , so as to maximise the total economic or monetary value of the fish brought back to harbour . ### ' high grading ' means the practice , of discarding low priced fish that are subject to catch limits , even though they ought to have been legally landed , so as to maximise the total economic or monetary value of the fish brought back to harbour .


### when caught as bycatches , species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea . ### species referred to in paragraph 1 and 2 shall not be harmed and specimens shall be promptly released back into the sea . for the purpose of monitoring and in line with article 25 of regulation 1380 / 2013 and commission implementing decision 2016 / 1251 , any such catches shall be recorded .


### in accordance with the procedure set out in article 18 of regulation no 1380 / 2013 member states may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1 . ### in accordance with the procedure set out in article 18 of regulation no 1380 / 2013 , in close cooperation with relevant advisory councils , member states may submit joint recommendations defining appropriate technical measures at the regional level that deviate from the measures set out in paragraph 1 .


### provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact through the allocation of fishing opportunities . ### provide incentives to fishing vessels deploying selective fishing gear or using fishing techniques with reduced environmental impact including through the allocation of fishing opportunities and using the support foreseen in article 4a .


### when member states submit joint recommendations in accordance with article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in part e of annex v within a specific sea basin , they shall provide an assessment of the likely impacts of using such gears on the targeted species and on sensitive species and habitats . ### when member states submit joint recommendations in accordance with article 19 to allow for the use or extend the use of innovative fishing gears including the pulse trawl as described in part e of annex v within a specific sea basin , they shall provide a prior - assessment and post - assessment on the impacts of using such gears on the targeted and non - targeted species and on sensitive species and habitats .


### the use of innovative fishing gears shall not be permitted where those assessments indicate that their use will lead to negative impacts on sensitive habitats and non - target species . ### the use of innovative fishing gears shall only be permitted if those assessments indicate that their use will not lead to negative impacts on animal welfare , sensitive habitats and non - target species .


### octopus octopus ### 750 grammes 1000 grammes


### to ensure the effectiveness of return and increase the added value of alerts on return , member states should enter alerts in sis in relation to all return decisions they issue to illegally staying third - country nationals in accordance with provisions respecting directive 2008 / 115 / ec . for this purpose , member states should enter an alert in sis also when decisions imposing or stating an obligation to return are issued in the situations described in article 2 of that directive , notably to third - country nationals who are subject to a refusal of entry in accordance with the schengen borders code , or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land , sea or air of the external border of a member state and who have not subsequently obtained an authorisation or a right to stay in that member state , and to third - country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction , according to national law , or who are the subject of extradition procedures . ### member states may enter alerts in sis in relation to return decisions they issue to illegally staying third - country nationals in accordance with provisions respecting directive 2008 / 115 / ec if the persons concerned have been able to assert their rights and have exhausted all avenues of appeal . whatever the case , the country that authorised the stay must be informed immediately .


### each member state should designate an authority responsible for the exchange of supplementary information in connection to alerts on return in order to ensure efficient and swift cooperation among the member states . ### each member state should designate an authority responsible for the exchange of supplementary information in connection to alerts on return in order to ensure that the rights of the people concerned are upheld and that there is efficient and swift cooperation among the member states . such exchanges must be absolutely necessary and in proportion to the task .


### procedures should be established to enable member states to verify that the obligation to return has been complied with and to confirm the departure of the third - country national concerned to the member state that issued the alert on return . this information should contribute to a more comprehensive follow - up of the compliance with return decisions in accordance with provisions respecting directive 2008 / 115 / ec . ### procedures should be established to enable member states to verify the departure of the third - country national concerned .


### where a member state considers granting a residence permit or other authorisation offering a right to stay to a third - country national who is the subject of an alert on return entered by another member state , the former shall first consult , through the exchange of supplementary information , the member state that entered the alert . the member state that entered the alert shall reply within seven days . if the member state considering granting a residence permit or other authorisation offering a right to stay decides to grant it , the alert on return shall be deleted . ### where a member state considers granting a residence permit or other authorisation offering a right to stay to a third - country national who is the subject of an alert on return entered by another member state , the former shall first consult , through the exchange of supplementary information , the member state that entered the alert . the member state that entered the alert shall reply within seven days . if the member state considering granting a residence permit or other authorisation offering a right to stay decides to grant it , the alert on return shall be deleted immediately .


### data processed in sis and the related supplementary information pursuant to this regulation may be transferred or made available to a third - country in accordance with chapter v of regulation 2016 / 679 with the authorisation of the issuing member state , only for the purpose of identification of and issuance of an identification or travel document to an illegally staying - third country national in view of return . ### data processed in sis and the related supplementary information pursuant to this regulation may not be transferred or made available to a third country in accordance with chapter v of regulation 2016 / 679 with the authorisation of the issuing member state .


### therefore , account should be taken of the international convention on tonnage measurement of ships , signed in london on 23 june 1969 , and the international convention for the safety of fishing vessels , signed in torremolinos on 2 april 1977 , both drawn up under the aegis of the international maritime organization . ### therefore , account should be taken of the international convention on tonnage measurement of ships , signed in london on 23 june 1969 , the international convention for the safety of fishing vessels , signed in torremolinos on 2 april 1977 , and the united nations convention on fishing and conservation of the living resources of the high seas , signed in geneva on 29 april 1958 .


### the european council conclusions of october 2014 foresaw that the target should be delivered collectively by the union in the most cost - effective manner possible , with the reductions in the emissions trading system and non - ets sectors amounting to 43% and 30% by 2030 compared to 2005 respectively , with efforts distributed on the basis of relative gross domestic product per capita . all sectors of the economy should contribute to achieving these emission reductions , and all member states should participate in this effort , balancing considerations of fairness and solidarity , and national targets within the group of member states with a gdp per capita above the union average should be relatively adjusted to reflect cost - effectiveness in a fair and balanced manner . achieving these greenhouse gas emission reductions should boost efficiency and innovation in the european economy and in particular should promote improvements , notably in buildings , agriculture , waste management and transport , in so far as they fall under the scope of this regulation . ### the european council conclusions of october 2014 foresaw that the target should be delivered collectively by the union in the most cost - effective manner possible , with the reductions in the emissions trading system and non - ets sectors amounting to 43% and 30% by 2030 compared to 2005 respectively , with efforts distributed on the basis of relative gross domestic product per capita . all sectors of the economy should contribute to achieving these emission reductions , and all member states should participate in this effort , balancing considerations of fairness and solidarity , and national targets within the group of member states with a gdp per capita above the union average should be relatively adjusted to reflect cost - effectiveness in a fair and balanced manner . achieving these greenhouse gas emission reductions should encourage more sustainable practices in the european economy and in particular should promote improvements , notably in buildings , agriculture , waste management and transport , in so far as they fall under the scope of this regulation .


### the transition to clean energy requires changes in investment behaviour and incentives across the entire policy spectrum . it is a key union priority to establish a resilient energy union to provide secure , sustainable , competitive and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with this regulation and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy . 16 __________________ 16 com80 ### the transition to clean energy requires changes in investment behaviour across the entire policy spectrum and incentives for smes with less capital and small farms to adapt their business models . it is a key union priority to establish a resilient energy union to provide secure , sustainable and affordable energy to its citizens . achieving this requires continuation of ambitious climate action with this regulation and progress on the other aspects of energy union as set out in the framework strategy for a resilient energy union with a forward - looking climate change policy . 16 __________________ 16 com80


### a range of union measures enhance member states’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation . these include legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments . ### a range of union measures enhance member states’ ability to meet their climate commitments and are crucial to achieving necessary emission reductions in the sectors covered by this regulation . in this respect legislation on fluorinated greenhouse gases , co2 - reductions from road vehicles , energy performance of building , renewables , energy efficiency and the circular economy , as well as union funding instruments for climate - related investments and legislation favouring smaller and more sustainable farming models all play a vital part . the environmental impact of free trade agreements including rising food miles and the replacement of local products with cheaper and less sustainably produced imports , counter these efforts .


### member states shall , where possible : ### member states shall :


### undertake research to identify ways to make fishing gear more selective for the protection of sharks ; ### undertake research to identify ways to make fishing gear more selective for the protection of sharks and elasmobranch species ;


### conduct research on key biological and ecological parameters , life - history , behavioural traits and migration patterns , as well as on the identification of potential mapping , pupping and nursery grounds of key shark species . ### conduct research on key biological and ecological parameters , life - history , behavioural traits and migration patterns , as well as on the identification of potential mapping , pupping and nursery grounds of key shark and elasmobranch species .


### 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 focused on viable incomes for farmers , to boost modernisation and sustainability , including the economic , social , environmental and climate sustainability of the agricultural , forestry and rural areas in line with the 2030 agenda for sustainable development and the paris climate agreement , and to help reducing the union legislation - related administrative burden for beneficiaries .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the multi - level governance of the cap , involve regional and local authorities and stakeholders and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives .


### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , the union should set the basic policy parameters , such as objectives of the cap and basic requirements , while member states should bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives . ### since the cap needs to sharpen its responses to the challenges and opportunities as they manifest themselves at union , international , national , regional , local and farm levels , it is necessary to streamline the governance of the cap and improve its delivery on the union objectives and to significantly decrease the administrative burden . in the cap based on delivery of performance , and bearing in mind as a primary focus the objective of providing a sustainable income for producers , the union should set the basic policy parameters , such as objectives of the cap and basic requirements . member states bear greater responsibility as to how they meet the objectives and achieve targets . enhanced subsidiarity makes it possible to better take into account local conditions and needs , tailoring the support to maximise the contribution to union objectives .


### to ensure coherence of the cap , all interventions of the future cap should be part of a strategic support plan which would include certain sectoral interventions that were laid down in regulation no 1308 / 2013 of the european parliament and of the council10 . _________________ 10 regulation no 1308 / 2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations no 922 / 72 , no 234 / 79 , no 1037 / 2001 and no 1234 / 2007 . ### to ensure coherence of the cap , all interventions of the future cap should respect the principles of sustainable development , gender equality and fundamental rights , and should be part of a strategic support plan which would include certain sectoral interventions that were laid down in regulation no 1308 / 2013 of the european parliament and of the council10 . _________________ 10 regulation no 1308 / 2013 of the european parliament and of the council of 17 december 2013 establishing a common organisation of the markets in agricultural products and repealing council regulations no 922 / 72 , no 234 / 79 , no 1037 / 2001 and no 1234 / 2007 .


### rules for classifying wine grape varieties by member states should be modified to include the wine grape varieties noah , othello , isabelle , jacquez , clinton and herbemont , previously excluded . to ensure that wine production in the union develops a higher resistance to diseases and that it uses vine varieties better adapted to changing climatic conditions , provision should be made allowing vitis labrusca varieties and varieties stemming from crosses between vitis vinifera , vitis labrusca and other species of the genus vitis to be planted for wine production in the union . ### rules for classifying wine grape varieties by member states should be modified to include the wine grape varieties noah , othello , isabelle , jacquez , clinton and herbemont , previously excluded . to ensure that wine production in the union develops a higher resistance to diseases and that it uses vine varieties better adapted to changing climatic conditions , provision should be made allowing vitis labrusca varieties and varieties stemming from crosses between vitis vinifera , vitis labrusca and other species of the genus vitis to be planted for wine production in the union . no provision should be made , however , for genetically modified varieties .


### member states may classify wine grape varieties where : ### only wine grape varieties meeting the following conditions may be classified by member states :


### the variety concerned belongs to the species vitis vinifera or vitis labrusca ; or ### the variety concerned belongs to the species vitis vinifera or comes from a cross between the species vitis vinifera and other species of the genus vitis ;


### the variety concerned comes from a cross between the species vitis vinifera , vitis labrusca and other species of the genus vitis . ### the variety is not one of the following : noah , othello , isabelle , jacquez , clinton and herbemont .


### the commission shall present a report to the european parliament and to the council : every three years and for the first time by21 december 2016the implementation of the measures concerning the apiculture sector as set out in articles 55 , 56 and 57 , including on the latest developments on beehive identification systems ; by 30 june 2014 and also by 31 december 2018 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ; by 31 december 2014 , on the possibility of extending the scope of the school schemes to include olive oil and table olives ; by 31 december 2017 , on the application of the competition rules to the agricultural sector in all member states , in particular on the operation of articles 209 and 210 , and of articles 169 , 170 and 171 in the sectors concerned ; by31 july 2023 , on the application of the allocation criteria referred to in article 23a ; by 31 july 2023 , on the impact of the transfers referred to in article 23a on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk . ### article 225 is replaced by the following : “the commission shall present a report to the european parliament and to the council : every three years and for the first time by21 december 2016the implementation of the measures concerning the apiculture sector as set out in articles 55 , 56 and 57 , including on the latest developments on beehive identification systems ; by 31 december 2018 , on the development of the market situation in the milk and milk products sector , and in particular on the operation of articles 148 to 151 , article 152 and article 157 , assessing in particular the effects on milk producers and milk production in disadvantaged regions in connection with the general objective of maintaining production in such regions , and covering potential incentives to encourage farmers to enter into joint production agreements , together with any appropriate proposals ; by 30 june 2019 , the commission’s strategy to use the provisions in this regulation effectively to prevent and manage internal agricultural market crises that may occur following the exit of the united kingdom from the european union . by31 july 2023 , on the application of the allocation criteria referred to in article 23a ; by 31 july 2023 , on the impact of the transfers referred to in article 23a on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk . ”


### the commission shall include a specific chapter in the analyses , studies and assessments it carries out in the context of trade agreements and the common agricultural policy for any topic in which the outermost regions have a particular interest . ### article 32 is amended as follows : ‘ 4 . prior to the opening of any trade negotiation which may have implications for agriculture in the outermost regions , the union shall carry out studies , analyses and assessments of the possible impact of the negotiations and adapt its negotiating mandate in order to take account of the specific constraints affecting the outermost regions and rule out any negative impact in these regions . the criteria employed by the commission in carrying out such studies or assessments shall be those established by the un . ’


### the amount allocated to finance the specific supply arrangements referred to in chapter iii shall not exceed eur 6 830 000 . ' ### the amount allocated to finance the specific supply arrangements referred to in chapter iii shall not exceed eur 7 110 000 .


### when recipients established in the union and subject to regulation 2016 / 679 or directive 2016 / 680 , would like to have personal data transmitted to them by union institutions and bodies , those recipients should demonstrate that the transmission is necessary for the attainment of their objective , is proportionate and does not go beyond what is necessary to attain that objective . union institutions and bodies should demonstrate such necessity when they themselves initiate the transmission , in compliance with the principle of transparency . ### when recipients established in the union and subject to regulation 2016 / 679 or directive 2016 / 680 , would like to have personal data transmitted to them by union institutions and bodies , those recipients should provide the controller with a reasoned request for transmission which should serve as a basis for the controller to assess whether that transmission is necessary for the attainment of their objective , is proportionate and does not go beyond what is necessary to attain that objective . union institutions and bodies should demonstrate such necessity when they themselves initiate the transmission , in compliance with the principle of transparency .


### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . such personal data should not be processed unless processing is allowed in specific cases set out in this regulation . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms .


### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms . ### personal data which are , by their nature , particularly sensitive in relation to fundamental rights and freedoms merit specific protection as the context of their processing could create significant risks to the fundamental rights and freedoms . such personal data should not be processed unless processing is allowed in specific cases as set out in this regulation . those personal data should include personal data revealing racial or ethnic origin , whereby the use of the term ‘ racial origin’ in this regulation does not imply an acceptance by the union of theories which attempt to determine the existence of separate human races . the processing of photographs should not systematically be considered to be processing of special categories of personal data as they are covered by the definition of biometric data only when processed through a specific technical means allowing the unique identification or authentication of a natural person . in addition to the specific requirements for processing of sensitive data , the general principles and other rules of this regulation should apply , in particular as regards the conditions for lawful processing . derogations from the general prohibition for processing such special categories of personal data should be explicitly provided , inter alia , where the data subject gives his or her explicit consent or in respect of specific needs in particular where the processing is carried out in the course of legitimate activities by certain associations or foundations the purpose of which is to permit the exercise of fundamental freedoms .


### legal acts adopted on the basis of the treaties or internal rules of union institutions and bodies may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability , confidentiality of electronic communications as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes . ### legal acts adopted on the basis of the treaties may impose restrictions concerning specific principles and the rights of information , access to and rectification or erasure of personal data , the right to data portability as well as the communication of a personal data breach to a data subject and certain related obligations of the controllers , as far as necessary and proportionate in a democratic society to safeguard public security , the prevention , investigation and prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security , including the protection of human life especially in response to natural or manmade disasters , internal security of union institutions and bodies , other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , the keeping of public registers kept for reasons of general public interest or the protection of the data subject or the rights and freedoms of others , including social protection , public health and humanitarian purposes .


### in order to demonstrate compliance with this regulation , controllers should maintain records of processing activities under their responsibility and processors should maintain records of categories of processing activities under their responsibility . union institutions and bodies should be obliged to cooperate with the european data protection supervisor and make their records , on request , available to it , so that they might serve for monitoring those processing operations . union institutions and bodies should be able to establish a central register of records of their processing activities . for reasons of transparency , they should also be able to make such a register public . ### in order to demonstrate compliance with this regulation , controllers should maintain records of processing activities under their responsibility and processors should maintain records of categories of processing activities under their responsibility . union institutions and bodies should be obliged to cooperate with the european data protection supervisor and make their records , on request , available to it , so that they might serve for monitoring those processing operations . union institutions and bodies should establish a central register of records of their processing activities . for reasons of transparency , they should make such a register public . data subjects should have the possibility to consult that register through the data protection officer of the controller .


### regulation 2016 / 679 established the european data protection board as an independent body of the union with legal personality . the board should contribute to the consistent application of regulation 2016 / 679 and directive 2016 / 680 throughout the union , including by advising the commission . at the same time , the european data protection supervisor should continue to exercise its supervisory and advisory functions in respect of all union institutions and bodies , including on its own initiative or upon request . in order to ensure consistency of data protection rules throughout the union , a consultation by the commission should be obligatory following the adoption of legislative acts or during the preparation of delegated acts and implementing acts as defined in article 289 , 290 and 291 tfeu and following the adoption of recommendations and proposals relating to agreements with third countries and international organisations as provided for in article 218 tfeu , which have an impact on the right to personal data protection . in such cases , the commission should be obliged to consult the european data protection supervisor , except when the regulation 2016 / 679 provides for mandatory consultation of the european data protection board , for example on adequacy decisions or delegated acts on standardised icons and requirements for certification mechanisms . where the act in question is of particular importance for the protection of individuals ' rights and freedoms with regard to the processing of personal data , the commission should be able , in addition , to consult the european data protection board . in those cases , the european data protection supervisor should , as a member of the european data protection board , coordinate its work with the latter with a view to issue a joint opinion . the european data protection supervisor , and where applicable , the european data protection board should provide its written advice within eight weeks . that time - frame should be shorter in case of urgency or otherwise appropriate , for example when the commission is preparing delegated and implementing acts . ### regulation 2016 / 679 established the european data protection board as an independent body of the union with legal personality . the board should contribute to the consistent application of regulation 2016 / 679 and directive 2016 / 680 throughout the union , including by advising the commission . at the same time , the european data protection supervisor should continue to exercise its supervisory and advisory functions in respect of all union institutions and bodies , including on its own initiative or upon request . in order to ensure consistency of data protection rules throughout the union , a consultation by the commission should be obligatory when adopting proposals for a legislative act or during the preparation of delegated acts and implementing acts as defined in article 289 , 290 and 291 tfeu and when adopting recommendations and proposals relating to agreements with third countries and international organisations as provided for in article 218 tfeu , which have an impact on the right to personal data protection . in such cases , the commission should be obliged to consult the european data protection supervisor , except when the regulation 2016 / 679 provides for mandatory consultation of the european data protection board , for example on adequacy decisions or delegated acts on standardised icons and requirements for certification mechanisms . where the act in question is of particular importance for the protection of individuals ' rights and freedoms with regard to the processing of personal data , the commission should be able , in addition , to consult the european data protection board . in those cases , the european data protection supervisor should , as a member of the european data protection board , coordinate its work with the latter with a view to issue a joint opinion . the european data protection supervisor , and where applicable , the european data protection board should provide its written advice within eight weeks . that time - frame should be shorter in case of urgency or otherwise appropriate , for example when the commission is preparing delegated and implementing acts .


### in certain instances , union law provides for a model of coordinated supervision , shared between the european data protection supervisor and the national supervisory authorities . moreover , the european data protection supervisor is the supervisory authority of europol and a specific model of cooperation with the national supervisory authorities is established through a cooperation board with an advisory function . in order to improve the effective supervision and enforcement of substantive data protection rules , a single , coherent model of coordinated supervision should be introduced in the union . the commission should therefore , where appropriate , submit legislative proposals with a view to amending union legal acts providing for a model of coordinated supervision , in order to align them with the coordinated supervision model of this regulation . the european data protection board should serve as a single forum for ensuring the effective coordinated supervision across the board . ### in certain instances , union law provides for a model of coordinated supervision , shared between the european data protection supervisor and the national supervisory authorities . in order to improve the effective supervision and enforcement of substantive data protection rules , a single , coherent model of coordinated supervision should be introduced in the union . the commission should therefore , where appropriate , submit legislative proposals with a view to amending union legal acts providing for a model of coordinated supervision , in order to align them with the coordinated supervision model of this regulation . the european data protection board should serve as a single forum for ensuring the effective coordinated supervision across the board .


### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that data which are inaccurate or incomplete , having regard to the purposes for which they were collected or for which they are further processed , are erased or rectified without delay ; ### accurate and , where necessary , kept up to date ; every reasonable step must be taken to ensure that personal data that are inaccurate , having regard to the purposes for which they are processed , are erased or rectified without delay ;


### the tasks referred to in point of paragraph 1 shall be laid down in union law . ### the tasks referred to in point of paragraph 1 shall be laid down in union law . the basis for the processing referred to in point of paragraph 1 shall be laid down in union or member state law to which the controller is subject .


### without prejudice to articles 4 , 5 , 6 and 10 , personal data shall only be transmitted to recipients established in the union and subject to regulation 2016 / 679 or to the national law adopted pursuant to directive 2016 / 680 , if the recipient establishes : ### without prejudice to articles 4 , 5 , 6 , 10 , 14 , 15 and 16 , personal data shall only be transmitted to recipients established in the union and subject to regulation 2016 / 679 or to the national law adopted pursuant to directive 2016 / 680 , if the controller establishes , on the basis of a reasoned request by the recipient :


### personal data referred to in paragraph 1 may be processed for the purposes referred to in point of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under union law . ### personal data referred to in paragraph 1 may be processed for the purposes referred to in point of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under union or member state law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under union or member state law or rules established by national competent bodies .


### the data subject may exercise his or her rights under this regulation in respect of and against one or more of the joint controllers , taking into account their roles as determined in the terms of the arrangement referred to in paragraph 1 . ### irrespective of the terms of the arrangement referred to in paragraph 1 , the data subject may exercise his or her rights under this regulation in respect of and against each of the controllers .


### security of personal data and confidentiality of electronic communications ### security of personal data


### following the adoption of proposals for a legislative act and of recommendations or proposals to the council pursuant to article 218 tfeu and when preparing delegated acts or implementing acts , which have an impact on the protection of individuals ' rights and freedoms with regard to the processing of personal data , the commission shall consult the european data protection supervisor . ### when adopting proposals for a legislative act and recommendations or proposals to the council pursuant to article 218 tfeu and when preparing delegated acts or implementing acts on legislative and administrative measures relating to the protection of natural persons ' rights and freedoms with regard to the processing of personal data , the commission shall consult the european data protection supervisor .


### in the absence of a decision pursuant to article 45 of regulation 2016 / 679 , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguards , and on condition that enforceable data subject rights and effective legal remedies for data subjects are available . ### in the absence of a decision pursuant to article 45 of regulation 2016 / 679 or article 36 of regulation 2016 / 680 , within the respective scope of those regulations , a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguards , and on condition that enforceable data subject rights and effective legal remedies for data subjects are available .


### in the absence of a decision pursuant to article 45 of regulation 2016 / 679 , or of appropriate safeguards pursuant to article 49 , a transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions : ### in the absence of a decision pursuant to article 45 of regulation 2016 / 679 or article 36 of regulation 2016 / 680 , within the respective scope of those regulations , or of appropriate safeguards pursuant to article 49 , a transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions :


### the list drawn up by the commission from which the european data protection supervisor shall be chosen shall be made up of persons whose independence is beyond doubt and who are acknowledged as having the experience and skills required to perform the duties of european data protection supervisor , for example because they belong or have belonged to the supervisory authorities established under article 41 of regulation 2016 / 679 . ### the list drawn up jointly by the european parliament , the council and the commission from which the european data protection supervisor shall be chosen shall be made up of persons whose independence is beyond doubt and who are acknowledged as having expert knowledge in data protection as well as the experience and skills required to perform the duties of european data protection supervisor , for example because they belong or have belonged to the supervisory authorities established under article 41 of regulation 2016 / 679 .


### the european data protection supervisor shall be assisted by a secretariat . the officials and other staff members of the secretariat shall be appointed by the european data protection supervisor and their superior shall be the european data protection supervisor . they shall be subject exclusively to his or her direction . their numbers shall be decided each year as part of the budgetary procedure . ### the european data protection supervisor shall be assisted by a secretariat . the officials and other staff members of the secretariat shall be appointed by the european data protection supervisor and their superior shall be the european data protection supervisor . they shall be subject exclusively to his or her direction . their numbers shall be decided each year as part of the budgetary procedure . article 75 of regulation 2016 / 679 shall apply to the staff of the european data protection supervisor involved in carrying out the tasks conferred on the european data protection board by union law .


### the european data protection supervisor shall cooperate with supervisory authorities established under article 41 of regulation 2016 / 679 and article 51 of directive 2016 / 680 and with the joint supervisory authority established under article 25 of council decision 2009 / 917 / jha21 to the extent necessary for the performance of their respective duties , in particular by providing each other with relevant information , requesting national supervisory authorities to exercise their powers or responding to a request from such authorities . _________________ 21 council decision 2009 / 917 / jha of 30 november 2009 on the use of information technology for customs purposes , oj l 323 , 10 . 12 . 2009 , p . 20–30 . ### the european data protection supervisor shall cooperate with supervisory authorities established under article 51 of regulation 2016 / 679 and article 41 of directive 2016 / 680 and with the joint supervisory authority established under article 25 of council decision 2009 / 917 / jha21 to the extent necessary for the performance of their respective duties , in particular by providing each other with relevant information , requesting national supervisory authorities to exercise their powers or responding to a request from such authorities . _________________ 21 council decision 2009 / 917 / jha of 30 november 2009 on the use of information technology for customs purposes , oj l 323 , 10 . 12 . 2009 , p . 20–30 .


### the voluntary scheme for biodiversity and ecosystem services in territories of european overseas promotes the conservation of biodiversity , including marine biodiversity , and sustainable use of ecosystem services , including ecosystem - based approaches to climate change adaptation and mitigation , in the union ' s outermost regions and overseas countries and territories . best has helped to raise awareness for the ecological importance of the outermost regions and overseas countries and territories for conserving global biodiversity . in their ministerial declarations in 2017 and 2018 , overseas countries and territories have expressed their appreciation for this small grant scheme for biodiversity . it is appropriate to allow the programme to continue financing small grants for biodiversity in both the outermost regions and the overseas countries and territories . ### the voluntary scheme for biodiversity and ecosystem services in territories of european overseas promotes the conservation of biodiversity , including marine biodiversity , and sustainable use of ecosystem services , including ecosystem - based approaches to climate change adaptation and mitigation , in the union ' s outermost regions and overseas countries and territories , but has barely contributed to the protection of diversity . it is far from enough to fight biodiversity loss in these regions . it should therefore be made to last longer by integrating it into the life programme and increasing its budget . it is not , however , a substitute for the other funds granted under the life programme to the outermost regions .


### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frameworks on a bilateral or multilateral basis . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . _________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 . ### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot always be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frame works on a bilateral or multilateral basis . moreover , ensuring a customs programme that contributes to harmonised and standardised custom controls at all points of entry are is necessary because an imbalance in the performance of customs controls by member states impedes the effective functioning of the customs union . furthermore , a reliable and efficient customs programme plays a vital role in safeguarding the financial interest of the eu . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . _________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 .


### the customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders . acting together , they work to facilitate trade and reduce red tape , collect revenues for national and union budgets and protect the public against terrorist , health , environmental and other threats . in particular , with the introduction of an eu - wide common risk management framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing , customs assume a front line position in the fight against terrorism and organised crime , . given that broad mandate , customs is now effectively the lead authority for the control of goods at the union’s external borders . against that backdrop , the customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large , as set out in article 3 of regulation no 952 / 2013 , i . e . the supervision of the union ' s international trade , the implementation of the external aspects of the internal market , of the common trade policy and of the other common union policies having a bearing on trade , as well as the security of the supply chain . the legal basis will therefore cover customs cooperation , internal market and commercial policy . _________________ 19 https : / / ec . europa . eu / taxation_customs / general - information - customs / customs - risk - management / measures - customs - risk - management - framework - crmf_en ### the customs union has evolved considerably over the last fifty years and customs administrations now successfully perform a wide variety of tasks at borders . acting together , they work to facilitate trade and reduce red tape , collect revenues for national and union budgets and help to protect the public against terrorist , health , environmental and other threats . in particular , with the introduction of an eu - wide common risk management framework19 and customs control of movements of large amounts of cash to combat money laundering and terrorist financing , customs assume a front line position in the fight against terrorism and organised crime , . given that broad mandate , customs is now effectively the lead authority for the control of goods at the union’s external borders . against that backdrop , the customs programme should not only cover customs cooperation but extend its support to the mission of customs authorities at large , as set out in article 3 of regulation no 952 / 2013 , i . e . the supervision of the union ' s international trade , the implementation of the external aspects of the internal market , of the common trade policy and of the other common union policies having a bearing on trade , as well as the security of the supply chain . the legal basis will therefore cover customs cooperation , internal market and commercial policy . _________________ 19 https : / / ec . europa . eu / taxation_customs / general - information - customs / customs - risk - management / measures - customs - risk - management - framework - crmf_en