### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and adopted before the entry into force of this regulation . the union industry shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . in accordance with its role , the european parliament shall monitor the report drafting process . on the request of the european parliament or on the commission’s own initiative when the circumstances in a specific country or sector have changed , the commission shall update the report . in any event , the european commission shall carry out a review of the report every two years .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . significant distortions for the product concerned are distortions that occur when reported prices or costs of one or more factors of production are not the result of free market forces as they are affected by government intervention or are significantly low due to the lack of compliance with core international social and environmental standards . it is appropriate to clarify that in considering whether or not such a situation exists regard should be had , inter alia , to the potential impact of the following : state - induced distortions in the operation of enterprises linked to privatization and the use of non - market trading or compensation system ; a lack of transparent and non - discriminatory company law ensuring adequate corporate governance ; the lack of a transparent and effective set of laws that prevents the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which is operated independently from the state and which , in law and in practice , is subject to sufficient guarantee provisions and adequate supervision ; the lack of ratification and of correct implementation of core international labour organisation conventions and of multilateral environmental agreements to which the union is party , and any other circumstance the commission considers appropriate in order to evaluate the existence of significant distortions . it is also appropriate to clarify that the existence of one or more significant distortions in the economy as a whole or in a sector of the economy of the exporting country should lead automatically to the use of undistorted international , third country or union prices , costs or benchmarks for each factor of production in the construction of the normal value . in the event that an exporting producer from a country where one or more significant distortions exist conclusively demonstrates that the costs of one or more of its individual factors of production are not distorted , such costs should be used in the construction of the normal value . it is further appropriate to provide that the commission services should issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that union industry and trade unions should be consulted during the drafting process ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the commission should update that report every two years . upon request of the european parliament , union industry or trade unions , or at the commission ' s own initiative when the circumstances in a specific country or sector have changed , the commission should also update the report . the commission should include an analysis on the implementation and effect of this regulation in its annual report on the union ' s anti - dumping , anti - subsidy and safeguard activities and should present it to the european parliament .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials and other production factors , are not the result of free market forces because they are affected by state intervention at any level , including central , regional and provincial level . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises , such as public bodies , which operate under the ownership , control or policy supervision or guidance , whether direct or indirect , of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; or otherwise influencing free market forces , including the allocation of resources ; the absence of a transparent and non - discriminatory company law which ensures adequate corporate governance , such as the application of international accounting standards , the protection of shareholders and public availability of accurate company information ; the absence and implementation of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the absence of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; lack of compliance with international social and environmental standards having as result an impact on costs production . it is further appropriate to provide that the commission should issue , as soon as possible , a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based should be placed on the file of any investigation relating to that country or sector and updated on a regular basis as appropriate ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of one or more significant distortions in the economy as a whole or in sector therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks for every factor of production , or corresponding costs of production and sale in an appropriate representative country including those in the union . the constructed normal value shall include an undistorted and reasonable amount for administrative , selling and general costs and for profits . the existence of one or more significant distortions in the economy as a whole or in the relevant sector of the economy of the exporting country shall lead automatically to the use of undistorted international , third country or union prices , costs and benchmarks for each factor of production in the construction of the normal value . if exporting producers from a country or a sector in which there exists one or more significant distortions clearly demonstrate that their industry as a whole is not directly or indirectly affected by any significant distortion , their costs shall be used in the construction of the normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors of the economy , the normal value shall be based on a price or be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks for every factor of production . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in the union , and with sufficient level of international social and environmental standards , provided the relevant data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . where an exporter can clearly demonstrate that its prices or costs of all factors of production are not affected by significant distortions , those prices or costs shall be used in the construction of its normal value .


### in case it is determined , when applying this provision or any other relevant provision of this regulation , that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country with a similar level of economic development as the exporting country , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits . ### in case it is determined that it is not appropriate to use domestic prices and costs in the exporting country due to the existence of significant distortions in the economy as a whole or in sectors therein , the normal value shall be constructed on the basis of costs of production and sale reflecting undistorted prices or benchmarks . for this purpose , the sources that may be used include undistorted international prices , costs , or benchmarks , or corresponding costs of production and sale in an appropriate representative country , including those in a member state , provided the relevant cost data are readily available . the constructed normal value shall include a reasonable amount for administrative , selling and general costs and for profits .


### absent any other specific transitional rules regulating the matter , it is appropriate to provide for the application of this regulation to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force , subject to article 11 of regulation 2016 / 1036 . furthermore , by way of specific transitional rule , and having regard to the absence of any other specific transitional rule regulating the matter , it is appropriate to provide that , in the case of a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 , the reasonable period of time provided for in the first sub - paragraph of article 11 of regulation 2016 / 1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated . with a view to reducing the risk of circumvention of the provisions of this regulation , the same approach should apply with respect to reviews conducted pursuant to article 11 of regulation 2016 / 1036 . it is also appropriate to recall that a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 6a of article 2 would not in itself constitute sufficient evidence within the meaning of article 11 of regulation 2016 / 1036 . such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty , should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules , and should facilitate the efficient , orderly and equitable administration of regulation 2016 / 1036 . ### absent any other specific transitional rules regulating the matter , it is appropriate to provide for the application of this regulation to all decisions on the initiation of proceedings , and to all proceedings , including original investigations and review investigations , initiated , on or after the date on which this regulation enters into force , subject to article 11 of regulation 2016 / 1036 . furthermore , by way of specific transitional rule , and having regard to the absence of any other specific transitional rule regulating the matter , it is appropriate to provide that , in the case of a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 7 of article 2 , the reasonable period of time provided for in the first sub - paragraph of article 11 of regulation 2016 / 1036 should be deemed to elapse on the date on which the first expiry review following such transition is initiated . with a view to reducing the risk of circumvention of the provisions of this regulation , the same approach should apply with respect to reviews conducted pursuant to article 11 of regulation 2016 / 1036 . it is also appropriate to recall that a transition from a normal value calculated pursuant to articles 2 or 2 to a normal value calculated pursuant to paragraphs 1 to 7 of article 2 would not in itself constitute sufficient evidence within the meaning of article 11 of regulation 2016 / 1036 . such transitional rules should complete a lacuna that would otherwise risk to generate legal uncertainty , should provide a reasonable opportunity for interested parties to adapt themselves to the expiry of the old rules and the entry into force of the new rules , and should facilitate the efficient , orderly and equitable administration of regulation 2016 / 1036 .


### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . ### the union industry may rely on the report referred to in point of this paragraph for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . when the report shows the existence of one or more significant distortions , it shall constitute sufficient evidence to justify the calculation of the normal value pursuant to the methodology referred to in point of this paragraph . in any event , no additional burdens shall be imposed upon the union industry .


### when appropriate , the commission services may issue a report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to supplement , comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . ### the commission services shall issue a detailed report describing the specific situation concerning the criteria listed in point in a certain country or a certain sector . for those countries for which a substantial number of anti - dumping cases have been opened , the report shall be completed and published before the entry into force of this regulation . union industry and trade unions shall be consulted during the report drafting process . such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector . interested parties shall have ample opportunity to comment or rely on the report and the evidence on which it is based in each investigation in which such report or evidence is used . the determinations made shall take into account all of the relevant evidence on the file . the commission shall update the report every two years . the commission shall also update the report upon request of the european parliament , union industry or trade unions , or at the commission ' s own initiative when the circumstances in a specific country or sector have changed . the commission shall include an analysis on the implementation of this regulation in its annual report on the union ' s anti - dumping , anti - subsidy and safeguard activities and shall present it to the european parliament .


### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs may be adjusted or established on any reasonable basis , including information from other representative markets or from international prices or benchmarks . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment . ### it is further appropriate to recall that costs should normally be calculated on the basis of records kept by the exporter or producer under investigation . however , where there are significant distortions in the exporting country with the consequence that costs reflected in the records of the party concerned are artificially low , such costs should be established on any reasonable basis , including information from other representative markets , from international prices or benchmarks or from markets in the union . in the light of experience gained in past proceedings , it is appropriate to further clarify that , for the purposes of applying the provisions introduced by this regulation , due account should be taken of all relevant evidence , including relevant assessment reports regarding the circumstances prevailing on the domestic market of the exporting producers and the evidence on which they are based , which has been placed on the file , and upon which interested parties have had an opportunity to comment .


### in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions affecting to a considerable extent free market forces may be deemed to exist . in particular , it is appropriate to clarify that this situation may be deemed to exist , inter alia , when reported prices or costs , including the costs of raw materials , are not the result of free market forces because they are affected by government intervention . it is further appropriate to clarify that in considering whether or not such a situation exists regard may be had , inter alia , to the potential impact of the following : the market in question is to a significant extent served by enterprises which operate under the ownership , control or policy supervision or guidance of the authorities of the exporting country ; state presence in firms allowing the state to interfere with respect to prices or costs ; public policies or measures discriminating in favour of domestic suppliers or otherwise influencing free market forces ; and access to finance granted by institutions implementing public policy objectives . it is further appropriate to provide that the commission services may issue a report describing the specific situation concerning these criteria in a certain country or a certain sector ; that such report and the evidence on which it is based may be placed on the file of any investigation relating to that country or sector ; and that interested parties should have ample opportunity to comment on the report and the evidence on which it is based in each investigation in which such report or evidence is used . ### given the need to promote and defend international trade based on the principles of fairness , sustainability and fair competition and in the light of experience gained in past proceedings , it is appropriate to clarify the circumstances in which significant distortions may be deemed to exist where an exporting country implements practices which distort the market economy in such a way as to make the use of domestic prices and production costs inappropriate , including the costs of raw materials , energy and other production factors . to that end , it is appropriate to clarify that in considering the actual behaviour of an exporting country , regard should be had to the following criteria : a high degree of government influence over the allocation of resources and decisions of enterprises , whether directly or indirectly , for example through the use of state - fixed prices , or discrimination in the tax , trade or currency regimes ; state - induced distortions in the operation of enterprises linked to privatisation and the use of non - market trading or compensation systems ; the lack of a transparent and non - discriminatory company law which ensures adequate corporate governance ; the lack of a coherent , effective and transparent set of laws which ensure the respect of property rights and the operation of a functioning bankruptcy regime ; the lack of a genuine financial sector which operates independently from the state and which in law and practice is subject to sufficient guarantee provisions and adequate supervision ; control by the national industry of over 40% of the global market share in a specific sector , which could be a sign of abuse of dominant position ; non - compliance with international and european social , tax and environmental standards and any other criterion or fact which the commission considers to be appropriate with a view to evaluating the existence of significant distortions .


### the union industry may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 or a request for a review in accordance with article 11 . ### the union industry and trade unions may rely on the report referred to in point for the calculation of normal value when filing a complaint in accordance with article 5 , request for a review in accordance with article 11 or request for a reinvestigation in accordance with article 12 . that report shall constitute sufficient evidence to justify the calculation of normal value in the complaint or request on the basis of the methodology specified in paragraph 6a . furthermore , where a significant portion of the complaining union industry is made up of smes , the normal value calculations in the complaint or request may be based on information related to costs of production in the union of the product concerned .


### the parties to the investigation shall be informed shortly after initiation about the relevant sources that the commission intends to use for the purpose of point and shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . ### at the initiation of an investigation related to imports from a country or sector in which the commission has indications of the possible existence of significant distortions , the commission shall make a provisional determination as to the existence of significant distortions for that country or sectors and inform the parties to the investigation . the parties shall be given 10 days to comment . for this purpose , interested parties shall be given access to the file , including any evidence on which the investigating authority relies , without prejudice to article 19 . the definitive determination shall be made by the commission and communicated to the parties no later than two months following the initiation of the investigation .


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working directly or indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ; this information shall include quarterly breakdowns by reference to employment status , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels .


### subject matter ### subject matter and objectives


### ' terminal rates ' means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### ' terminal rates ' means payments from the originating parcel delivery service provider to the destination parcel delivery service provider or intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state .


### the national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 2 where they are necessary to ensure conformity with this regulation . ### the national regulatory authorities may impose information requirements additional to those referred to in paragraphs 1 and 3 provided that they are necessary and proportionate to ensure conformity with this regulation .


### ' terminal rates ' means payments from the originating universal service provider to the destination universal service provider for the costs of cross - border parcel delivery services in the destination member state . ### ' terminal rates ' means payments from the originating parcel delivery service provider to the destination parcel delivery service provider and / or intermediaries where applicable for the costs of cross - border parcel delivery services in the destination member state ;


### the number of persons working for the provider and involved in the provision of parcel delivery services in the member state in which the provider is established in the previous calendar year ### the number of persons working both directly and indirectly for the parcel delivery services provider and involved in the provision of parcel delivery services in the member state in which the provider is established over the previous calendar year ; this information shall include quarterly breakdowns by reference to employment status , including whether full - time , part - time , temporary , on a non - guaranteed hours basis or self - employed and shall also cover persons working for subcontractors or companies to which the parcel delivery services provider outsources clearance , sorting , transport or distribution of parcels .


### where the national regulatory authority concludes that cross - border tariffs referred to in paragraph 1 are not affordable , it shall request further necessary information and / or justification in relation to the level of those tariffs from the universal service provider . ### in carrying out that assessment , in particular the likely impact on the following shall be taken into account : individual users with little disposable income ; individual and small and medium - sized enterprise users living or situated in remote or sparsely populated areas ; individual and small and medium - sized enterprise users that regularly use parcel delivery services .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established , broken down into domestic , incoming and outgoing cross - border postal items .


### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . in that assessment , in particular the following elements shall be taken into account : ### the national regulatory authority shall assess the affordability of cross - border tariffs included in the public lists of tariffs obtained in accordance with article 4 within 3 months of receipt of that information . the purpose of that assessment shall be to assess whether the cost to individuals and small and medium - sized enterprises is affordable and to what extent the uptake of cross - border parcel delivery services is affected by delivery prices .


### a parcel delivery service provider which employs fewer than 50 persons shall not be subject to the obligations under paragraph 1 and 2 , unless that provider is established in more than one member state . ### this article shall not apply to any parcel delivery service provider which , together with any subsidiaries and linked undertakings , employs fewer than 20 persons , unless that provider is established in more than one member state . the number of persons shall include all those working on a full - time , part - time , temporary , non - guaranteed hours and self - employed basis .


### the number of postal items other than items of correspondence and not exceeding 31 , 5 kg handled in the member state in which the provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items . ### the number of parcels handled over the previous calendar year in the member state in which the parcels delivery service provider is established in the previous calendar year , broken down into national , incoming and outgoing cross - border postal items .


### the supplier shall take all measures which could be expected in order to refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content ; ### the supplier shall refrain from the use of the counter - performance other than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer with the exception of the content which has been generated jointly by the consumer and others who continue to make use of the content , insofar as the supplier is able to determine which counter - performance and which data had been provided by the consumer . the supplier shall not process more personal data than necessary for the execution of the contract for the mere purpose of being able to link it to the consumer in case he or she terminates the contract . where personal data of the consumer have been transferred or disclosed to third parties , the supplier shall inform those of the termination of the contract . the supplier shall inform the consumer about those third parties if the consumer requests it ;


### this directive shall not apply to digital content provided against counter - performance other than money to the extent the supplier requests the consumer to provide personal data the processing of which is strictly necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose . it shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements , and the supplier does not use that data for commercial purposes . ### this directive shall not apply to the extent the processing of personal data by the supplier is necessary for the performance of the contract or for meeting legal requirements and the supplier does not further process them in a way incompatible with this purpose . it shall equally not apply to any other data the supplier requests the consumer to provide for the purpose of ensuring that the digital content is in conformity with the contract or of meeting legal requirements , and the supplier does not use that data for other purposes .


### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a commonly used data format ; and ### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format ; and


### be updated as stipulated by the contract . ### be updated as stipulated by the contract or as necessary to guarantee the characteristics provided for in points and , in particular continuity and security .


### the supplier shall take all measures which could be expected in order to refrain from the use of other counter - performance than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer ; ### the supplier shall refrain from the use of other counter - performance than money which the consumer has provided in exchange for the digital content and any other data collected by the supplier in relation to the supply of the digital content including any content provided by the consumer ;


### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should apply only to contracts where the supplier requests and the consumer actively provides data , such as name and e - mail address or photos , directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers ' photos . this directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws . this directive should also not apply to situations where the supplier collects information , including personal data , such as the ip address , or other automatically generated information such as information collected and transmitted by a cookie , without the consumer actively supplying it , even if the consumer accepts the cookie . it should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content . ### as regards digital content supplied not in exchange for a price but against counter - performance other than money , this directive should also apply to contracts where the consumer provides personal data that may be used directly or indirectly by the supplier , for example on the basis of a contract which allows access to and use of consumers ' personal data , such as personal preferences or location data . this directive should not apply to situations where the supplier collects data absolutely necessary for the digital content to function in conformity with the contract , for example geographical location where necessary for a mobile application to function properly , or for the sole purpose of meeting legal requirements , for instance where the registration of the consumer is required for security and identification purposes by applicable laws .


### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content without significant inconvenience , in reasonable time and in a commonly used data format ; and ### the supplier shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent this data has been retained by the supplier . the consumer shall be entitled to retrieve the content and data without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and have the right to transmit those content and data to another supplier without hindrance from the supplier to which the content have been provided ; and


### this directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and , in exchange , a price is to be paid or the consumer actively provides counter - performance other than money in the form of personal data or any other data . ### this directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and , in exchange , a price is to be paid or the consumer freely choses to give consent to the processing of his or her personal data or any other data by the supplier , instead of paying a price , insofar this is possible in line with regulation 2016 , in particular with regard to article 7 thereof .


### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main performance features of the digital content such as its accessibility , continuity and security , to the extent those alternations adversely affect access to or use of the digital content by the consumer , only if : ### where the contract provides that the digital content shall be supplied over the period of time stipulated in the contract , the supplier may alter functionality , interoperability and other main&#160 ; performance features of the digital content such as its accessibility , and continuity , only if :


### where relevant , any existing international technical standards or , in the absence of such technical standards , applicable industry codes of conduct and good practices ; and ### any existing international technical standards or , in the absence of such technical standards , applicable industry codes of conduct and good practices ; and


### in order to conform with the contract , the digital content shall , where relevant : ### in order to conform with the contract , the digital content shall :


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format and to transmit those content to another supplier without hindrance from the supplier to which the personal data have been provided ;


### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a commonly used data format ; ### the supplier shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer ' s use of the digital content to the extent that data has been retained by the supplier . the consumer shall be entitled to retrieve the content free of charge , without significant inconvenience , in reasonable time and in a structured , commonly used and machine - readable data format ;


### the consumer is notified reasonably in advance of the modification by an explicit notice on a durable medium ; ### the consumer is notified reasonably in advance of the modification by an explicit notice ;


### the member states shall lay down detailed rules for the exercise of the right to damages . ### the member states shall lay down detailed rules for the exercise of the right to damages . when laying down those rules , member states may provide for a reduced or increased degree of liability for damages based on objecitve criteria for assessing the efforts made by the supplier to avoid non - conformity of the digital content and the occurrence of the damage , such as security best practices or the state of the art of technology .


### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal , external reporting or disclosure and which causes or may cause unjustified detriment to the reporting person , suspected reporting person or their family members , relatives and facilitators ;


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive regardless of the reporting channel chosen .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic , social and environmental value added contributing to achieving union policy objectives that simultaneously drive short - term economic , social and environmental benefits and long - term sustainability . sustainable procurement substantially contributes to those policy objectives . where they use funds to purchase goods or services , public authorities should therefore , as far as possible , include sustainability award criteria in order to ensure the best value for money .


### the purpose of the efsi shall be to support investments in the union and to ensure increased access to financing for companies having up to 3000 employees , with a particular focus on small and medium enterprises , through the supply of risk bearing capacity to the eib . ### the purpose of the efsi shall be to support investments in the union as described in article 5 , in a non - discriminatory way , and to ensure increased access to financing for companies having up to 1500 employees , with a particular focus on micro , small and medium - sized enterprises , including social economy enterprises such as cooperatives , mutual societies , associations and foundations , through the supply of risk bearing capacity to the eib .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of the internal market and its infrastructure , including in the areas of&#160 ; public transport and sustainable mobility ; energy , in particular energy interconnections ; and digital single market , in particular infrastructure ;


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded expeditiously by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available as soon as possible by the commission .


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### in addition to members of the profession , member states shall , by appropriate means , inform all relevant stakeholders including citizens , service recipients and representative associations before proposing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , giving them the opportunity to make known their views , which shall then be given due consideration . that process may take place , for example , by means of a public consultation the results of which shall inform the content of the provisions adopted .


### requirements concerning insurance cover or other means of personal or collective with regard to professional liability ; ### requirements concerning insurance cover or other means of personal or collective protection with regard to professional liability ;


### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available by the commission . ### the reasons for considering that provisions , assessed in accordance with this directive , are justified , necessary and proportionate , and which are communicated to the commission pursuant to paragraphs 5 and 6 of article 59 of directive 2005 / 36 / ec , shall be recorded expeditiously by the relevant competent authorities in the database of regulated professions , referred to in article 59 paragraph 1 of directive 2005 / 36 / ec and thereafter made publicly available , as soon as possible , by the commission .


### member states shall , by appropriate means , inform citizens , service recipients , representative associations and relevant stakeholders other than the members of the profession before introducing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views . ### member states shall , by appropriate means and in addition to the members of the profession , inform all relevant stakeholders , including citizens , service recipients , representative associations before proposing new legislative , regulatory or administrative provisions restricting access to or pursuit of regulated professions , or amending existing ones , and give them the opportunity to make known their views which shall then be given due consideration . this requirement may be fulfilled , for example , by means of a public consultation .


### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of fraud , kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . ### in exceptional circumstances laid down in national law , where the access to the information set out in paragraph 1 would expose the beneficial owner to the risk of kidnapping , blackmail , violence or intimidation , or where the beneficial owner is a minor or otherwise incapable , member states may provide for an exemption from the compulsory disclosure of to all or part of the information on the beneficial ownership on a case - by - case basis . exemptions shall never be indefinite and shall be reassessed at regular intervals to avoid abuse . when an exemption is granted , this shall be clearly noted in the register accessible to entities referred to in points and of article 30 of directive 2015 / 849 .


### the consultation of patients , clinical experts , and other stakeholders in clinical assessments . ### the consultation of patients , consumers , clinical experts , and other stakeholders in clinical assessments . the declarations of conflicts of interest of consulted shareholders must be publicly available .


### the coordination group shall act by consensus , or , where necessary , vote by simple majority . there shall be one vote per member state . ### the coordination group shall act by consensus , or , where no consensus is reached , vote by a two - thirds majority . the documentation shall be transparent , and votes documented . dissensions and minority opinions should be motivated and included in the assessment . there shall be one vote per member state


### the designated sub - group shall request relevant health technology developers to submit documentation containing the information , data and evidence necessary for the joint clinical assessment . ### the designated sub - group shall request relevant health technology developers to submit comprehensive documentation containing the information , all available data and evidence , including both negative and positive results as well as studies in which the technology has been use , necessary for the joint clinical assessment .


### the consultation of patients , clinical experts and other relevant stakeholders ; ### the consultation of patients , consumers , clinical experts and other relevant stakeholders ;


### in order to ensure a uniform approach to the joint work provided for in this regulation , implementing powers should be conferred on the commission to establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the commission should take into account the results of the work already undertaken in the eunethta joint actions . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council . 13 _________________ 13 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission ' s exercise of implementing powers . ### in order to ensure a uniform approach to the joint work provided for in this regulation , the coordination group shall establish a common procedural and methodological framework for clinical assessments , procedures for joint clinical assessments and procedures for joint scientific consultations . where appropriate , distinct rules should be developed for medicinal products and medical devices . in the development of such rules , the results of the work already undertaken in the eunethta joint actions should be taken into account . it should also take into account initiatives on hta funded through the horizon 2020 research programme , as well as regional initiatives on hta such as the beneluxa and valletta declaration initiatives .


### five years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks . the commission shall submit the results of this evaluation to the european parliament and to the council . ### three years after the entry into force of this regulation , and every five years thereafter , the commission shall ensure an evaluation of the impact of the multiannual plan on the stocks to which this regulation applies and on the fisheries exploiting those stocks , in particular as regards progress achieved towards restoring and maintaining fish stocks above levels capable of producing maximum sustainable yield . the commission shall submit the results of this evaluation to the european parliament and to the council and may , where appropriate and taking into account the most recent scientific advice , propose adaptations to the multiannual plan or initiate modifications to the delegated acts .


### the common fisheries policy should contribute to the protection of the marine environment , to the sustainable management of all commercially exploited species , and in particular to the achievement of good environmental status in the marine environment by 2020 in accordance with article 1 of directive 2008 / 56 / ec of the european parliament and of the council . 40 __________________ 40 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy . ### the common fisheries policy should ensure the protection of the marine environment and the sustainable management of all commercially exploited species and should contribute to the achievement of good environmental status in the marine environment by 2020 in accordance with article 1 of directive 2008 / 56 / ec of the european parliament and of the council . 40 __________________ 40 directive 2008 / 56 / ec of the european parliament and of the council of 17 june 2008 establishing a framework for community action in the field of marine environmental policy .


### for stocks for which they are available and for the purpose of the application of safeguard measures , it is necessary to establish conservation reference points expressed as msy btrigger and blim for anchovy and sardine stocks . should the stocks fall below msy btrigger , fishing mortality should be reduced below fmsy . ### for stocks for which they are available and for the purpose of the application of safeguard measures , it is necessary to establish conservation reference points expressed as blim , msy b - escapement and f - cap for anchovy and sardine stocks .


### when scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point as set out in annex ii , column b to this regulation , further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing msy . in particular , those remedial measures may include , by way of derogation from article 4 , paragraphs 2 and 4 , suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities . ### when the best available scientific advice indicates that the spawning stock biomass of either of the stocks concerned is below the limit spawning stock biomass reference point , further remedial measures shall be taken to ensure the rapid return of the stock concerned to levels above the level capable of producing msy . in particular , those remedial measures may include , by way of derogation from article 4 , paragraphs 2 and 4 , suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities .


### when scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in article 1 of this regulation , or , in the case of anchovy and sardine , when the spawning biomass of either of these stocks for a given year is below the conservation reference points set out in annex ii , column a to this regulation , the commission is empowered to adopt delegated acts in accordance with article 16 of this regulation and article 18 of regulation no1380 / 2013 regarding : ### when scientific advice indicates that remedial action is required for the conservation of the small pelagic stocks referred to in article 1 of this regulation , or , in the case of anchovy and sardine , when the spawning biomass of either of these stocks for a given year is below msy b - escapement , the commission is empowered to adopt delegated acts in accordance with article 16 of this regulation and article 18 of regulation no1380 / 2013 regarding the following technical measures :


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


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


### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly . ### where , following its first assessment , the commission considers that the measures implementing the non - binding instrument notified to it under paragraphs 1 and 2 could conflict with union law , in particular with internal energy market legislation and union competition law , the commission may inform the member state concerned accordingly , within six weeks of notification . within that period , member states shall refrain from signing or otherwise concluding the non - binding instrument . while the commission’s opinion is non - binding , the member state should address the concerns of the commission .


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


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


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


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


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


### following the accession of the union to the geneva act , the commission may on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . ### following the accession of the union to the geneva act , the commission may on its own initiative or at the request of a member state or of an interested group of producers or of the single producer using a geographical indication protected and registered in the union , adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under union law and pertaining to a product originating in the union with the international bureau . in that purpose , the commission shall consult member states , trade associations and union producers on a regular basis .


### the term of office for members and their alternates shall be four years . it shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and their alternates shall be four years . that term shall be renewable once . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### the translation services required for the functioning of the agency shall be provided by the translation centre of the bodies of the european union . ### the translation services required for the functioning of the agency may be provided by the translation centre of the bodies of the european union or other translation services , that respect the union ' s environmental , labour and social criteria .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european foundation for the improvement of living and working conditions , the european centre for the development of vocational training and , where relevant , with other eu agencies . where efficient and effective , synergetic and complementary , it shall seek to cooperate with international actors working on health and safety at work .


### member states shall establish the list of agricultural practices beneficial for the climate and the environment . ### for the purpose of providing support under this article , member states where appropriate in collaboration with the regions , shall establish the list of agricultural practices beneficial for the climate and the environment . those practices shall be designed to meet one or more of the specific environmental - and climate - related objectives laid down in points , and of article 6 .


### risk management as referred to in article 70 ; ### risk prevention , mitigation and minimisation , as well as risk management as referred to in article 70 ;


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


### coupled income support may only be granted to the following sectors and productions or specific types of farming therein where these are important for economic , social or environmental reasons : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheepmeat and goatmeat , beef and veal , olive oil , silkworms , dried fodder , hops , sugar beet , cane and chicory , fruit and vegetables , short rotation coppice and other non - food crops , excluding trees , used for the production of products that have the potential to substitute fossil materials . ### coupled income support may only be granted to the following sectors and productions or specific types of farming therein that go beyond minimum legal standards for animal welfare or environment , or where these are important for economic , social or environmental reasons and their need is justified under the procedure outlined chapter iii of title v with empirical quantifiable and independently verifiable evidence : cereals , oilseeds , protein crops , grain legumes , flax , hemp , rice , nuts , starch potato , milk and milk products , seeds , sheep meat and goat meat , beef and veal , olive oil , silkworms , dried fodder , hops , cane and chicory , fruit and vegetables .


### improving pest resilience ; ### improving management practices to increase resilience and decrease susceptibility of crops to pests ;


### 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 support for voluntary schemes for the climate , the environment and animal welfare under the conditions set out in this article and as further specified in their cap strategic plans .


### relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion , fundamental rights , gender equality and non - discrimination . ### relevant bodies representing civil society , environmental partners , and bodies responsible for promoting social inclusion , fundamental rights , rights of persons with disabilities , gender equality and non - discrimination .


### improve the response of eu agriculture to societal demands on food and health , including safe , nutritious and sustainable food , food waste , as well as animal welfare . ### improve the response of eu agriculture to societal demands on food , farming and health , including safe , nutritious , sustainable , pesticide - free food , reduced food waste , low - input and organic agriculture as well as animal welfare ;


### 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 at least covering costs incurred and income foregone resulting from the commitments made . they shall also provide a financial incentive to beneficiaries to participate in environmental , climate and other management commitments . 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 .


### to foster a smart , resilient and diversified agricultural sector ensuring food security ; ### to foster a long - lasting , inclusive resilient , sustainable and diversified agricultural production ensuring sustainable , decentralised , long term food security , avoiding overproduction and ensuring policy coherence for development ;


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


### for interventions for rural development , principles are defined at union level , particularly with regard to the basic requirements for the member states to apply selection criteria . however , member states should have ample discretion to define specific conditions according to their needs . types of interventions for rural development include payments for environmental , climate and other management commitments that member states should support throughout their territories , in accordance with their national , regional or local specific needs . member states should grant payments to farmers and other land managers who undertake , on a voluntary basis , management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity , air quality , soil , biodiversity and ecosystem services including voluntary commitments in natura 2000 and support for genetic diversity . support under payments for management commitments may also be granted in the form of locally - led , integrated or cooperative approaches and result - based interventions . ### for interventions for rural development , principles are defined at union level , particularly with regard to the basic requirements for the member states to apply selection criteria . however , member states should have ample discretion to define specific conditions according to their needs . types of interventions for rural development include payments for environmental , climate and other management commitments that member states should support throughout their territories , in accordance with their national , regional taking into account regions which were legally formalised and currently into force or local specific needs . member states should grant payments to farmers and other land managers who undertake , on a voluntary basis , management commitments that contribute to climate change mitigation and adaptation and to the protection and improvement of the environment including water quality and quantity , air quality , soil , biodiversity and ecosystem services including voluntary commitments in natura 2000 and support for genetic diversity . support under payments for management commitments may also be granted in the form of locally - led , integrated or cooperative approaches and result - based interventions .


### member states may grant support for the installation of young farmers and rural business start - up 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 support for the installation of young farmers , new farmers , early retirement schemes , rural business start - up and scaling up of rural micro and small enterprises that create and sustain jobs 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 one or more of the specific objectives set out in article 6 .


### young farmers and new entrants still face significant barriers regarding access to land , high prices and access to credit . their businesses are more threatened by price volatility and their needs in terms of training in entrepreneurial and risk management skills are high . it is therefore essential to continue the support for the setting up of new businesses and new farms . member states should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue . to this aim , member states may set in their cap strategic plans preferential conditions for financial instruments for young farmers and new entrants , and should include in their cap strategic plan the ring - fencing of at least an amount corresponding to 2% of the annual direct payments ' envelope . an increase of the maximum amount of aid for the installation of young farmers and rural business start - ups , up to eur 100 . 000 , which can be accessed also through or in combination with financial instrument form of support , should be established . ### young farmers and new entrants still face significant barriers regarding access to land , high prices and access to credit . their businesses are more threatened by price volatility and their needs in terms of training in entrepreneurial and risk management skills are high . it is therefore essential to continue the support for the setting up of new businesses and new farms . member states should provide for a strategic approach and identify a clear and coherent set of interventions for generational renewal under the specific objective dedicated to this issue . to this aim , member states may set in their cap strategic plans preferential conditions for financial instruments for young farmers and new entrants , and should include in their cap strategic plan the ring - fencing of at least an amount corresponding to 2% of the annual direct payments ' envelope . an increase of the maximum amount of aid for the installation of young farmers , new farmers , rural business start - ups and scaling up of rural micro and small enterprises , up to eur 100 . 000 , which can be accessed also through or in combination with financial instrument form of support , should be established .


### improve the response of eu agriculture to societal demands on food and health , including safe , nutritious and sustainable food , food waste , as well as animal welfare . ### improve the response of eu agriculture to societal demands on food and health , including safe , nutritious , high quality and sustainable food , food waste , as well as environmental sustainability and improving animal welfare while contributing to the implementation of the 2030 agenda for sustainable development .


### in order to ensure legal certainty , protect the rights of farmers and guarantee a smooth , coherent and efficient functioning of types of interventions in the form of direct payments , the power to adopt certain acts should be delegated to the commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content ; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements ; and on the content of the declaration and the requirements for the activation of payment entitlements ; further rules on eco - schemes ; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector , including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period ; rules and conditions for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and rules on the conditions for the granting of that payment . ### in order to ensure legal certainty , protect the rights of farmers both inside and outside the union and guarantee a smooth , coherent and efficient functioning of types of interventions in the form of direct payments , the power to adopt certain acts should be delegated to the commission in respect of rules making the granting of payments conditional upon the use of certified seeds of certain hemp varieties and the procedure for the determination of hemp varieties and the verification of their tetrahydrocannabinol content ; rules for good agricultural and environmental condition and certain related elements in respect of the eligibility requirements ; and on the content of the declaration and the requirements for the activation of payment entitlements ; further rules on eco - schemes ; measures to avoid that beneficiaries of coupled income support suffering from structural market imbalances in a sector , including the decision that such support may continue to be paid until 2027 on the basis of the production units for which it was granted in a past reference period ; rules and conditions for the authorisation of land and varieties for the purposes of the crop - specific payment for cotton and rules on the conditions for the granting of that payment .


### to bolster environmental care and climate action and to contribute to the environmental - and climate - related objectives of the union ; ### to bolster environmental care , biodiversity and climate action and to contribute to the environmental - and climate - related objectives of the union ;


### relevant bodies representing civil society and where relevant bodies responsible for promoting social inclusion , fundamental rights , gender equality and non - discrimination . ### relevant bodies representing environmental partners and other parts of civil society , in particular those whose activities are related to the specific objectives laid out in article 6 of this proposal , and bodies responsible for promoting social inclusion , fundamental rights , rights of persons with disabilities , gender equality and non - discrimination .


### 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 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 . they shall also provide a financial incentive to beneficiaries to continue farming in these areas .


### the member states shall pursue at least one of the specific objectives referred to in article 6 in the apiculture sector . ### notwithstanding respect of articles 5 and 6 on overall objectives , the member states shall pursue the specific objectives referred to in article 6 in the apiculture sector .


### as part of their obligations to contribute to the specific objective ' attract young farmers and facilitate business development in rural areas ' set out in point of article 6 and to dedicate at least 2% of their allocations for direct payments to this objective in accordance with article 86 , member states may provide a complementary income support for young farmers who have newly set up for the first time and who are entitled to a payment under the basic income support as referred to in article 17 . ### as part of their obligations to contribute to the specific objective ' attract young and new farmers and facilitate business development in rural areas ' set out in point of article 6 and to dedicate at least 2% of their allocations for direct payments to this objective in accordance with article 86 , member states may provide a complementary income support for young farmers who are entitled to a payment under the basic income support as referred to in article 17 .


### in the light of the need to ensure appropriate risk management tools , insurance premia and mutual funds should be maintained , financed by the eafrd . the category of mutual funds encompasses both those linked to production losses , and the general and sector - specific income stabilisation tools , linked to income losses . ### in the light of the need to ensure appropriate risk management tools , support for production losses should be maintained , financed by the eafrd . this support shall target the establishment of risk prevention and the building of ecological resilience .


### 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 growing challenges such as rising regional and social disparities and climate change and opportunities as they manifest themselves at union , international , national , regional , rural , local and farm levels , it is necessary to improve 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 with funding also geared towards productivity and quality , the union should set the basic policy parameters , such as objectives of the cap including rural development and basic requirements , while member states should bear greater responsibility as to how they meet common objectives and achieve common eu , national and regional 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 . in order to ensure that a renationalisation of the cap is avoided , a set of strong european union provisions should be included which are designed to prevent the distortion of competition and ensure non - discriminatory treatment for all throughout the territory of the european union .


### in the light of the need to ensure appropriate risk management tools , insurance premia and mutual funds should be maintained , financed by the eafrd . the category of mutual funds encompasses both those linked to production losses , and the general and sector - specific income stabilisation tools , linked to income losses . ### in the light of the need to ensure appropriate risk management tools in specific sectors , mutual funds should be maintained , financed by the eagf . the category of mutual funds encompasses both those linked to production losses , and the general and sector - specific income stabilisation tools , linked to income losses .