### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . ### where the consultation of the databases referred to in points and of paragraph 2 would have a disproportionate impact on the flow of traffic , member states may decide to carry out those consultations on a targeted basis at specified border crossing points based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . the scope and duration of the temporary introduction of targeted checks shall not exceed what is strictly necessary and shall be defined in accordance with a risk assessment carried out by the member state concerned . the risk assessment shall be based on a set of criteria and clear indicators which shall be developed by the commission in close cooperation with the council and the eu counter - terrorism coordinator , by [ one month after the entry into force of this regulation ] . the risk assessment shall provide the reasons for the temporary introduction of targeted checks and shall take into account , inter alia , the disproportionate impact on the flow of traffic . the risk assessment shall assess the possible risks and provide statistics on passengers and incidents related to cross - border crime . the risk assessment shall be updated regularly . as regards land and sea borders , the derogation shall not apply for longer than three months in any year . the member state concerned shall without delay transmit its risk assessment and any updates thereto to the agency for the management of operational cooperation at the external borders of the member states of the european union established by regulation no 2007 / 2004 and to the commission and shall report every three months to the commission and to the agency on the application of the checks carried out on a targeted basis . the member state concerned may classify the risk assessment or parts thereof .


### technological developments allow in principle to consult relevant databases without delaying the process of crossing the border , as the controls on documents and persons can be carried out in parallel . it is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest . systematic checks should be carried out at all external borders . however , if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border , member states should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk . such risk assessment should be transmitted to the agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 20048 and be the subject of regular reporting both to the commission and to the agency . _________________ 8 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union . ### technological developments allow in principle to consult relevant databases with a limited effect on the duration of the process of crossing the border , as the controls on documents and persons can be carried out in parallel . it is therefore possible to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest . systematic checks should be carried out at all external borders . however , if systematic checks were to be disproportionate , member states should be allowed not to carry out systematic checks against databases at specified border crossing - points but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk . such risk assessment should be transmitted to the agency for the management of operational cooperation at the external borders of the member states of the european union established by council regulation no 2007 / 20048 and be the subject of regular reporting to the european parliament , to the commission and to the agency . _________________ 8 council regulation no 2007 / 2004 of 26 october 2004 establishing a european agency for the management of operational cooperation at the external borders of the member states of the european union .


### where , at external land and sea borders , the checks referred to in points a ) and b ) of the first subparagraph would have a disproportionate impact on the flow of traffic , member states may carry out those checks on a targeted basis based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health . ### where the checks referred to in points a ) and b ) of the first subparagraph would be disproportionate , member states may decide to carry out those checks on a non - systematic targeted basis at specified border crossing points based on an assessment of the risks related to internal security , public policy , international relations of any of the member states or a threat to public health .


### masters of fishing vessels shall promptly release unharmed and alive sea turtles incidentally taken in fishing gears back to the sea . ### masters of fishing vessels shall promptly release sea turtles incidentally taken in fishing gears back to the sea , if they are unharmed and alive .


### the procedure for taking fingerprints and a facial image should take into account the specific needs of children and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking biometric identifiers should take into account the specific needs of children , should be undertaken in a child - sensitive and in a gender - sensitive manner and be applied in accordance with the safeguards laid down in article 24 the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child .


### the regulation shall respect the obligations set in the united nations convention on the rights of persons with disabilities ratified by all member states and the union37 . therefore , the integration of additional features that render identity cards more accessible and user - friendly to people with disabilities , such as visually impaired persons , should be encouraged . __________________ 37 oj l 23 , 26 . 11 . 2009 ### when implementing this regulation , member states should respect the obligations set in article 25 and article 26 of the charter of fundamental rights of the european union and in the united nations convention on the rights of persons with disabilities ratified by all member states and the union37 . therefore , the integration of additional features that render identity cards more accessible and user - friendly to people with disabilities , such as visually impaired persons , should be encouraged . __________________ 37 oj l 23 , 26 . 11 . 2009


### without prejudice to the application of regulation 2016 / 679 , persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification or erasure . ### regulation 2016 / 679 shall apply to the processing of personal data under this regulation . persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification of inaccurate data or erasure and to receive a new document . the rights to access , rectification , completion , erasure and restriction of the processing , of the persons whose data are contained in the documents shall be exercised in accordance with chapter iii of regulation no . 2016 / 679 before the national authority responsible for issuing the documents . those rights shall be exercised in respect of the national authority responsible for issuing these documents .


### without prejudice to the application of regulation 2016 / 679 , persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification or erasure . ### regulation 2016 / 679 applies to the processing of personal data under this regulation , in particular to chapter iii on rights of data subjects . persons to whom an identity card or residence document is issued shall have the right to verify the personal data contained in the documents and , where appropriate , to ask for rectification or erasure .


### the report shall contain , as a minimum , a description of the facts , including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims , suspects and any other involved persons . ### the report shall contain , all the facts and information known by the office , including an assessment of the damage caused or likely to be caused the possible legal qualification and any available information about potential victims , suspects and any other involved persons .


### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ; ### ' permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , including grasses or other herbaceous forage . the definition shall be broad enough to cover silvopastoral and agroforestry systems and so include other species such as shrubs and / or trees which may be grazed or produce animal feed . the definition shall ensure coherence with achieving the objectives , and referred to in article 6 ;


### improve the farmers ' position in the value chain ; ### improve the farmers ' position in the value chain , including by promoting short supply chains ;


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


### 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 ;


### development of digital technologies in agriculture and rural areas as referred to in article 102 . ### development of digital technologies in agriculture and rural areas as referred to in article 102 , in so far as they are coherent with all the objectives in article 6 , and conducive to achieving the sustainable development goals and paris climate obligations .


### bolstering environmental care and climate action and contributing to the achievement of union environmental - and climate - related objectives is a very high priority in the future of union agriculture and forestry . the architecture of the cap should therefore reflect greater ambition with respect to these objectives . by virtue of the delivery model , action taken to tackle environmental degradation and climate change should be result - driven and article 11 tfeu should , for this purpose , be considered as an obligation of result . ### bolstering environmental care , preservation of biodiversity and genetic diversity in the agricultural system as well as climate action and contributing to the achievement of union environmental - and climate - related objectives is a very high priority in the future of union agriculture , forestry and rural development . the architecture of the cap should therefore reflect high ambition with respect to these objectives . by virtue of the delivery model , action taken to avoid further environmental degradation and climate change caused by unsustainable farming systems should be result - driven and article 11 tfeu should , for this purpose , be considered as an obligation of result .


### for the purposes of paragraph 4 , member states shall ensure that , for claim year 2026 at the latest , all payment entitlements have a value of at least 75% of the average planned unit amount for the basic income support for claim year 2026 as laid down in the cap strategic plan transmitted in accordance with article 106 for the member state or for the territories as defined in accordance with article 18 . ### for the purposes of paragraph 4 , member states shall ensure that , for claim year 2026 at the latest , all payment entitlements have a value of 100% of the average planned unit amount for the basic income support for claim year 2024 as laid down in the cap strategic plan transmitted in accordance with article 106 for the member state or for the territories as defined in accordance with article 18 .


### existing administrative registers such as the iacs , lpis , animal and vineyard registers shall be maintained . the iacs and lpis shall be further developed to better meet the statistical needs of the cap . data from administrative registers shall be used as much as possible for statistical purposes , in cooperation with statistical authorities in member states and with eurostat . ### existing administrative registers such as the iacs , lpis , animal and vineyard registers shall be maintained . the iacs and lpis shall be further developed to better meet the statistical needs of the cap . data from administrative registers shall be used as much as possible for statistical purposes and to monitor compliance , in cooperation with statistical authorities in member states and with eurostat .


### 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 in 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 , sheepmeat and goatmeat , beef and veal , olive oil , silkworms , dried fodder , hops , cane and chicory , fruit and vegetables .


### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard . ### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . support should be conditional on the respect of strict sustainability criteria , including on animal welfare , and animal health . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard .


### are different from commitments in respect of which payments are granted under article 28 . ### are different from , or complementary to , commitments in respect of which payments are granted under article 28 .


### the achievement of the general objectives shall be pursued through the following specific objectives : ### progress towards meeting the general objectives shall be pursued through simultaneously achieving the following specific objectives :


### the member states concerned shall set in their cap strategic plans a minimum percentage of expenditure for actions aimed at protection of the environment , adaption to climate change , improving sustainability of production systems and processes , reduction of environmental impact of the union wine sector , energy savings and improving global energy efficiency in the wine sector . ### the member states concerned shall set in their cap strategic plans a minimum 20% of expenditure for actions aimed at protection of the environment , adaption to climate change , improving sustainability of production systems and processes , reduction of environmental impact of the union wine sector , energy savings and improving global energy efficiency in the wine sector .


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


### improve competitiveness of union wine producers including contributing to improvement of sustainable production systems and reduction of environmental impact of the union wine sector ; those objectives relate to the specific objectives set out in points to and of article 6 ; ### improve competitiveness of union wine producers by contributing to improvement of sustainable and diversified production systems and reduction of environmental impact of the union wine sector . this includes the implementation of production methods respectful of the environment , environmentally sound cultivation practices and production techniques , through enhancing the genetic , biological and structural diversity of vineyards , through a sustainable use of natural resources in particular the protection of water , soil and other natural resources while reducing pesticide dependency ; those objectives relate to the specific objectives set out in points to and of article 6 ;


### go beyond the minimum requirements for the use of fertilisers and plant protection products , animal welfare , as well as other mandatory requirements established by national and union law ; ### have a significantly higher positive impact than the minimum requirements for the use of fertilisers and plant protection products have on the environment , and go significantly beyond minimum requirements for animal welfare , as well as other mandatory requirements established by national and union law ;


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this program will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of 25% of the eu budget expenditures supporting climate objectives . actions under the cap are expected to contribute 40 % of the overall financial envelope of the cap to climate objectives . relevant actions will be identified during the program ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this program will contribute to mainstream climate action in the union ' s policies and to the achievement of an overall target of at least 30% of the eu budget expenditures supporting climate objectives . actions under the cap are expected to contribute 40 % of the overall financial envelope of the cap to climate objectives . relevant actions will be identified during the program ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### member states shall include in their cap strategic plans a system of conditionality , under which an administrative penalty shall be imposed on beneficiaries receiving direct payments under chapter ii of this title or the annual premia under articles 65 , 66 and 67 who do not comply with the statutory management requirements under union law and the standards for good agricultural and environmental condition of land established in the cap strategic plan , as listed in annex iii , relating to the following specific areas : ### member states shall include in their cap strategic plans a system of conditionality , under which a significant administrative penalty shall be imposed on beneficiaries receiving direct payments under chapter ii of this title or the annual premia under articles 65 , 66 and 67 who are found following controls as defined in chapter iv of title iv of the horizontal regulation [ . . . / . . . ] , carried out by the member state , not to comply with the statutory management requirements under union law and the standards for good agricultural and environmental condition of land established in the cap strategic plan , as listed in annex iii , relating to the following specific areas :


### before applying paragraph 1 , member states shall subtract from the amount of direct payments to be granted to a farmer pursuant to this chapter in a given calendar year : ### before applying paragraph 1 , member states shall subtract from the amount of direct payments to be granted to a farmer pursuant to this chapter in a given calendar year a maximum of 50% of the costs for :


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


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


### where the coupled income support concerns bovine animals or sheep and goats , member states shall define as eligibility conditions for the support the requirements to identify and register the animals in compliance with regulation no 1760 / 2000 of the european parliament and of the council32 or council regulation no 21 / 200433 respectively . however , without prejudice to other applicable eligibility conditions , bovine animals or sheep and goats shall be considered as eligible for support as long as the identification and registration requirements are met by a certain date in the claim year concerned to be fixed by the member states . __________________ 32 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 33 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec . ### coupled income support referred in article 29 point 2 may only be granted if : the member state demonstrates that it is the only option remaining , notably relating to pastoral systems where environmental schemes or decoupled payments can be difficult to deliver due to grazed commons or transhumance the member state demonstrates the coverage of the additional costs actually incurred and income foregone in order to fulfil the specific objectives , and of article 6 . 3 . __________________ 32 regulation no 1760 / 2000 of the european parliament and of the council of 17 july 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing council regulation no 820 / 97 . 33 council regulation no 21 / 2004 of 17 december 2003 establishing a system for the identification and registration of ovine and caprine animals and amending regulation no 1782 / 2003 and directives 92 / 102 / eec and 64 / 432 / eec .


### 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 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 , under the conditions that these payments are used for sustainable production and that incomes / financial assets do not exceed the threshold set in article 15 .


### advisory services and technical assistance , in particular regarding climate change adaptation and mitigation ; ### advisory services and technical assistance , in particular regarding biodiversity and the environment , climate change mitigation and adaptation ;


### member states shall involve those partners in the preparation of the cap strategic plans . ### member states shall involve those partners on equal footing in the preparation and implementation of the cap strategic plans , notably in defining the modalities for the assessment of needs . member states shall also involve all partners in decisions on the timetable and procedural steps involved in the preparation of the cap strategic plans , ensuring that enough time is set aside for coordination and debate among the diverse actors involved . the organisation and implementation of partnership shall be carried out in accordance with commission delegated regulation no 240 / 2014 .


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


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


### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ; ### ' permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , including grasses or other herbaceous forage . the definition shall be broad enough to cover silvopastoral and agroforestry systems and so include other species such as shrubs and / or trees which may be grazed or produce animal feed . the definition shall ensure coherence with achieving the objectives , and referred to in article 6 ;


### investments in irrigation which are not consistent with the achievement of good status of water bodies , as laid down in article 4 of directive 2000 / 60 / ec , including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan ; ### investments in irrigation which are not consistent with the achievement of good status of water bodies , as laid down in article 4 of directive 2000 / 60 / ec , including expansion of irrigation affecting water bodies whose status has been defined as less than good in the relevant river basin management plan , or irrigation schemes without water metering , or irrigation schemes that do not implement advanced and effective protection against soil erosion , or do not increase humus levels and topsoil formation ;


### 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 an inclusive , resilient and diversified agricultural production ensuring sustainable , decentralised and long - term food security , avoiding overproduction and ensuring policy coherence for development ;


### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard . ### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . coupled income support should respond to clear environmental or social need or benefit . in line with 2030 agenda for sustainable development and the paris agreement , coupled income support should not have negative effects on developing countries and should not create distortions of the internal and international market , which adversely impact agro - food sector investment , production and processing development in partner developing countries , but should only be granted for production methods that are more animal - and / or environment - friendly than the legal minimum standard requires . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard while minimising the impact of the union´s consumption of agricultural commodities on global deforestation , notably soy and palm oil products . therefore , the production of leguminous plants grown as part of a crop rotation on arable land should be supported as part of a union - wide protein strategy aimed at decreasing import dependency on soy and animal feed from third countries .


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


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


### based on the swot analysis referred to in article 103 and an assessment of needs referred to in article 96 , member state shall establish in the cap strategic plans an intervention strategy as referred to in article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in article 6 . the targets shall be defined using a common set of result indicators set out in annex i . ### based on the swot analysis referred to in article 103 and an assessment of needs referred to in article 96 , member state shall establish in the cap strategic plans an intervention strategy as referred to in article 97 in which quantitative targets and milestones shall be set to achieve the specific objectives set out to in article 6 . the targets shall be defined using a common set of result and impact indicators set out in annex i .


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


### a performance bonus may be attributed to member states in the year 2026 to reward satisfactory performance in relation to the environmental and climate targets provided that the member state concerned has met the condition set out in article 124 . ### a performance bonus may be attributed to member states in the year 2026 to reward satisfactory performance in relation to the environmental and climate and animal welfare targets , provided that the member state concerned has met the condition set out in article 124 .


### promote employment , growth , social inclusion and local development in rural areas , including bio - economy and sustainable forestry ; ### promote social and territorial cohesion through employment , diversification of activities and income , social inclusion , local development in rural areas , fighting rural poverty and exclusion and improving basic services ;


### the member states shall pursue one or more of the following objectives in the other sectors referred to in point of article 39 : ### notwithstanding respect of articles 5 and 6 on overall objectives , the member states shall pursue the following objectives and and may pursue one or more of the other following objectives in the other sectors referred to in point of article 39 :


### improve competitiveness of union grapevine products in third countries ; that objective relates to the objectives set out in points and of article 6 ; ### improve sustainability of union grapevine products ; that objective relates to the objectives set out in points and of article 6 ;


### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect a continuation of the changes whereby the allocations to member states with the lowest support level per hectare are gradually increased to close 50% of the gap towards 90% of the union average . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation . ### it is essential that in the period covered by the 2021 - 2027 mff , the convergence process must be fully completed in order both to achieve fair competition among member states and to establish the principles of equality on an eu - wide basis , and to fully implement the european council decision contained in the presidency conclusions of 24 - 25 october 20021 . ____________________ presidency conclusions of the european council , ref . 14702 / 02 , 26 . 11 . 2002 , point 12 , https : / / www . consilium . europa . eu / media / 20917 / 72968 . pdf


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


### 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 and to ensure full compatibility with union law and the objectives of the energy union strategy .


### the commission shall , within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment , including annexes thereto , pursuant to article 3 , inform the member state concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with union law , in particular with internal energy market legislation and union competition law . in the absence of a response from the commission within that period , the commission shall be deemed not to have any such doubts . ### the commission shall , within six weeks of the date of notification of the complete draft intergovernmental agreement or amendment , including annexes thereto , pursuant to article 3 , inform the member state concerned of any doubts it may have as to the compatibility of the draft intergovernmental agreement or amendment with union law , in particular with internal energy market legislation and union competition law and the objectives of the energy union strategy . in the absence of a response from the commission within that period , the commission shall be deemed not to have any such doubts .


### 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 . ### the commission may inform the member state concerned about its doubts 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 , as well as with the objectives of the energy union strategy . member states shall refrain from signing or announcing a non - binding agreement until the commission has informed the member state on the existence or absence of such doubts . in the absence of a response from the commission within the period of six weeks of notification , the commission shall be deemed not to have any such doubts . the commission ' s opinion on non - binding agreements shall be non - binding , but member states concerned shall be encouraged to voluntarily address the problematic provisions of such agreements .


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


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


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


### 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 full compliance with union law and energy union objectives .


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


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


### requests for confidentiality under this article shall not restrict the access of the commission itself to confidential information . the commission shall ensure that access to the confidential information is strictly limited to the commission services for which it is absolutely necessary to have the information available . ### requests for confidentiality under this article shall not restrict the access of the commission itself to confidential information . the commission shall ensure that access to the confidential information is strictly limited to the commission services for which it is absolutely necessary to have the information available . commission representatives participating as observers in negotiations on intergovernmental agreements shall handle sensitive information received during those negotiations with due confidentiality .


### ' intergovernmental agreement ' means any legally binding agreement between one or more member states and one or more third countries having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the union ; however , where such a legally binding agreement also covers other issues , only those provisions that relate to energy , including general provisions applicable to those energy - related provisions , are deemed to constitute an ' intergovernmental agreement ' ; ### ' intergovernmental agreement ' means any legally binding agreement , regardless of its formal designation , between one or more member states and one or more third countries , international organisations as well as companies where the state is the major stakeholder or the state has a major influence in the decision making process having an impact on the operation or the functioning of the internal energy market or on the security of energy supply in the union ; however , where such a legally binding agreement also covers other issues , only those provisions that relate to energy , including general provisions applicable to those energy - related provisions , are deemed to constitute an ' intergovernmental agreement ' ;


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


### at the request of the member state concerned , or at the request of the commission and with the written approval of the member state concerned , the commission may participate in the negotiations as an observer . ### the commission shall participate as an observer in the negotiations on intergovernmental agreements on energy supplies that are expected to cover at least 20% of the relevant member state ' s demand for that energy source . the commission representatives shall be present at the initial meeting of negotiating parties where the initial positions of the parties shall be announced as well as at the meeting where an agreement is expected to be reached by the parties on all the main elements of a draft intergovernmental agreement to be submitted for the commission ' s ex - ante assessment . the commission representatives shall be present in other meetings between the negotiating parties depending on necessity and availability . the commission may also participate as an observer in negotiations on other intergovernmental agreements that do not meet the requirements set out in the above at the request of the member state concerned , or at the request of the commission and with the written approval of the member state concerned .


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


### the authority shall carry out its activities with a high level of transparency . it shall in particular make public without delay : ### the authority shall ensure a high level of transparency , in line with the aarhus convention and regulation 1367 / 2006 , providing for an active and systematic dissemination to the public of environmental information . it shall in particular make public without delay :


### without prejudice to the obligation of applicants for authorisations under food law to demonstrate the safety of a subject matter submitted to a system of authorisation , the commission , in exceptional circumstances , may request the authority to commission scientific studies with the objective of verifying evidence used in its risk assessment process . the studies commissioned may have a wider scope than the evidence subject to verification . ; ### without prejudice to the obligation of applicants for authorisations under food law to demonstrate the safety of a subject matter submitted to a system of authorisation , the commission and the parliament , in exceptional circumstances , may request the authority to commission scientific studies with the objective of verifying evidence used in its risk assessment process . the studies commissioned may have a wider scope than the evidence subject to verification . verification studies shall be funded via the contributions of applicants to a common fund . the commission shall adopt a delegated act in accordance with article 32f to determine the modalities of this fund .


### where an applicant submits a request for confidentiality , it shall provide a non - confidential version and a confidential version of the information submitted in accordance with standard data formats , where they exist , pursuant to article 39f . the non - confidential version shall be without the information the applicant deems confidential in accordance with paragraphs 2 and 3 of article 39 . the confidential version shall contain all information submitted , including information the applicant deems confidential . information requested to be treated as confidential in the confidential version shall be clearly marked . the applicant shall clearly indicate the grounds on the basis of which confidentiality is requested for the different pieces of information . ### where an applicant submits a request for confidentiality , it shall provide a non - confidential version and a confidential version of the information submitted in accordance with standard data formats , where they exist , pursuant to article 39f . the non - confidential version shall redact with black bars the information the applicant requests the confidential treatment of in accordance with paragraphs 2 and 3 of article39 . the confidential version shall contain all information submitted , including in formation the applicant considers confidential . information requested to be treated as confidential in the confidential version shall be clearly marked . the applicant shall clearly indicate the verifiable justifications on the basis of which confidentiality is requested for each of the different pieces of information .


### where an applicant submits a request for confidentiality , it shall provide a non - confidential version and a confidential version of the information submitted in accordance with standard data formats , where they exist , pursuant to article 39f . the non - confidential version shall be without the information the applicant deems confidential in accordance with paragraphs 2 and 3 of article 39 . the confidential version shall contain all information submitted , including information the applicant deems confidential . information requested to be treated as confidential in the confidential version shall be clearly marked . the applicant shall clearly indicate the grounds on the basis of which confidentiality is requested for the different pieces of information . ### where an applicant submits a request for confidentiality , it shall provide a non - confidential version and a confidential version of the information submitted in accordance with standard data formats , where they exist , pursuant to article 39f . the non - confidential version shall be without the information the applicant requests confidential treatment for in accordance with paragraphs 2 and 3 of article 39 . this information shall be garbled by black bars . the confidential version shall contain all information submitted , including information the applicant considers confidential . information requested to be treated as confidential in the confidential version shall be clearly marked . the applicant shall clearly indicate the verifiable justifications on the basis of which confidentiality is requested for each of the different pieces of information .


### at the request of a potential applicant for a food law authorisation , the staff of the authority shall advise on the relevant provisions and the required content of the application for authorisation . the advice provided by the staff of the authority shall be without prejudice and non - committal as to the subsequent assessment of applications for authorisation by the scientific panels . ### at the request of a potential applicant for a food law authorisation , the staff of the authority may , in written form , advise on the relevant provisions and the required content of the application for authorisation . the staff of the authority providing the advice referred to in paragraph 1 shall not be involved in any scientific work , including within the meaning of article 28 , that is directly or indirectly relevant to the application that is the subject of the advice . the advice provided by the staff of the authority shall be documented and be published on the authority’s website immediately after it has been provided . it shall contribute to the development of a frequently asked questions document , in order to develop more comprehensive guidelines for applicants and reduce the need for individual correspondence . the advice provided shall be without prejudice and non - committal as to the subsequent assessment of applications for authorisation by the scientific panels . within [ 36 months after the entry into force of this regulation ] , the commission shall assess the impact of this article on the functioning of the authority . particular attention shall be paid to the additional workload and mobilisation of staff , and whether it has led to any shift in the allocation of the autority’s resources , at the expense of activities of public interest .


### accordingly and with respect to the procedures governing requests for authorisation procedures provided in union food law , experience gained so far has shown that certain information items are generally considered sensitive and should remain confidential across the different sectoral authorisation procedures . it is appropriate to lay down in regulation no 178 / 2002 a horizontal list of information items whose disclosure may be considered to significantly harm the commercial interests concerned and should not therefore be disclosed to the public , . only in very limited and exceptional circumstances relating to foreseeable health effects and urgent needs to protect human health , animal health or the environment , such information should be disclosed . ### accordingly and with respect to the procedures governing requests for authorisation procedures provided in union food law , experience gained so far has shown that certain information items are generally considered sensitive and should remain confidential across the different sectoral authorisation procedures . it is appropriate to lay down in regulation no 178 / 2002 a horizontal exhaustive list of information items which could be kept confidential on the grounds that their disclosure would significantly undermine the protection of commercial interests . to request confidentiality , the company in question must prove , with justification , that the proactive disclosure of the information item would significantly undermine its commercial interests . however , where disclosure of the information is of overriding public interest , confidentiality cannot be granted .


### in addition to article 39 and pursuant to article 39 of regulation no 178 / 2002 , the authority may also accept to provide confidential treatment to the following information , the disclosure of which may be deemed , upon verifiable justification , to significantly harm the interests concerned : ### information relating to the following shall not be considered confidential : name and composition of the gmo , food or feed referred to in articles 3 and 15 and , where appropriate , indication of the substrate and the micro - organism ; general description of the gmo and the name and address of the authorisation - holder ; physico - chemical and biological characteristics of the gmo , food or feed referred to in articles 3 and 15 ; effects of the gmo , food or feed referred to in articles 3 and 15 on human and animal health and on the environment ; effects of the gmo , food or feed referred to in articles 3 and 15 on the characteristics of animal products and its nutritional properties ; methods for detection , including sampling and identification of the transformation event and , where applicable , for the detection and identification of the transformation event in the food or feed referred to in articles 3 and 15 ; information on waste treatment and emergency response .


### accordingly and with respect to the procedures governing requests for authorisation procedures provided in union food law , experience gained so far has shown that certain information items are generally considered sensitive and should remain confidential across the different sectoral authorisation procedures . it is appropriate to lay down in regulation no 178 / 2002 a horizontal list of information items whose disclosure may be considered to significantly harm the commercial interests concerned and should not therefore be disclosed to the public , . only in very limited and exceptional circumstances relating to foreseeable health effects and urgent needs to protect human health , animal health or the environment , such information should be disclosed . ### any information relating to impacts on health or the environment must therefore always be made public . it is appropriate to lay down in regulation no 178 / 2002 a horizontal exhaustive list of information items which could be kept confidential on the ground that they would significantly undermine the protection of commercial interest . however , this information can only be kept secret if the company opposing its dissemination proves , with verifiable justifications , that the dissemination would significantly undermine its commercial interests . the exceptions to the principle of transparency must be interpreted strictly . in any event , even in a case the disclosure of the information is considered to undermine the commercial interests of an economic operator , if there is an overriding public interest in the disclosure , the information cannot be kept secret . it is appropriate to lay down in regulation no178 / 2002 a horizontal non - exhaustive list of information items which can never be kept secret , an overriding public interest in their disclosure being deemed .


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


### each member state may designate , if it is necessary as a result of the organisation of its internal system , one or more central authorities responsible for the administrative transmission and reception of the freezing or confiscation orders and to assist the competent authorities . the member states shall inform the commission thereof . ### each member state shall designate one central authority responsible for assisting the competent authorities , logging all freezing and confiscation orders transmitted and received at the national level and streamlining the transmission and reception of the freezing and confiscation orders . the member states shall inform the commission thereof .


### feed business operators feeding food - producing animals with medicated feed shall keep records in accordance with article 69 of directive 2001 / 82 / ec . those records shall be kept for five years after the date of administration of medicated feed , including when the animal is slaughtered during the five - year period . ### feed business operators of medicated feed and holders of food - producing animals which are fed medicated feed shall keep records in accordance with article 69 of directive 2001 / 82 / ec . those records shall be kept for five years after the date of administration of medicated feed , including when the animal is slaughtered during the five - year period .


### for antimicrobial active substances , 1% of the active substance in the last batch of medicated feed or of intermediate product produced before the production of non - target feed ; ### for antimicrobial active substances , 0 . 1% of the active substance in the last batch of medicated feed or of intermediate product produced before the production of non - target feed ;


### feed business operators supplying medicated feed to the holder of food - producing animals , or on - farm mixers of medicated feed for food - producing animals shall ensure that the quantities supplied or mixed do not exceed : ### for medicated feed containing antimicrobial veterinary medicinal products , feed business operators supplying such medicated feed to the holder of food - producing animals shall ensure that the quantities supplied or mixed do not exceed :


### feed business operators shall manufacture , store , transport and place on the market medicated feed and intermediate products in compliance with annex i . ### feed business operators shall manufacture , store , transport and place on the market medicated feed and intermediate products in compliance with annex i . holders of food - producing animals shall not be allowed to prepare their own medicated feed containing antimicrobial veterinary medicinal products .


### member states shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that are expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription . ### member states shall ensure that appropriate collection systems are in place for medicated feed and intermediate products that are expired or in case the animal holder has received a bigger quantity of medicated feed than he actually uses for the treatment referred to in the veterinary prescription . member states shall ensure that manufacturers of medicated feed and farmers are informed where to find these collections systems and how to get their unused leftovers of medicated feed to these collection points . member states shall ensure that operators of collection points keep records of the medicated feed collected . those records shall be kept for five years after collection .


### member states shall ensure that the limitation period for proceedings concerning a customs infringement referred to in articles 3 to 6 is four years and starts to run on the day on which the customs infringement was committed . ### member states shall ensure that the limitation period for initiating proceedings concerning a customs infringement referred to in articles 3 to 6 is three years and that it starts to run on the day on which the customs infringement was committed .


### member states shall ensure that the limitation period is interrupted by any act of the competent authority , notified to the person in question , relating to an investigation or legal proceedings concerning the same customs infringement . the limitation period shall start to run on the day of the interrupting act . ### member states shall ensure that the limitation period is interrupted by any act on the part of the person responsible for the infringement relating to an investigation or legal proceedings concerning the same customs infringement . the limitation period shall start to run again on the day on which the interrupting act comes to an end .


### the limitation period for proceedings concerning a customs infringement should be fixed at four years from the day on which the customs infringement was committed or , in case of continuous or repeated infringements , where the behaviour constituting that infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . member states may lay down cases where that period is suspended . the initiation or continuation of these proceedings should be precluded after an expiry period of eight years , while the limitation period for the enforcement of a sanction should be of three years . ### the limitation period for proceedings concerning a customs infringement should be fixed at four years from the day on which the customs infringement was committed or , in the case of continuous or repeated infringements , when the behaviour constituting that infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . member states may lay down cases where that period is suspended .


### the limitation period for proceedings concerning a customs infringement should be fixed at four years from the day on which the customs infringement was committed or , in case of continuous or repeated infringements , where the behaviour constituting that infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . member states may lay down cases where that period is suspended . the initiation or continuation of these proceedings should be precluded after an expiry period of eight years , while the limitation period for the enforcement of a sanction should be of three years . ### the limitation period for proceedings concerning a customs infringement should be fixed at three years from the day on which the customs infringement was committed or , in the case of continuous or repeated infringements , the day on which the behaviour constituting the infringement ceases . member states should ensure that the limitation period is interrupted by an act relating to investigations or legal proceedings concerning the customs infringement . it should be possible for member states to specify cases in which that period is to be suspended . the initiation or continuation of such proceedings should be precluded after the expiry of a period of eight years , while the limitation period for the enforcement of a sanction should be three years .


### member states shall ensure that the initiation or continuation of any proceedings concerning a customs infringement referred to in articles 3 to 6 is precluded after the expiry of a period of eight years from the day referred to in paragraph 1 or 2 . ### member states shall ensure , without prejudice to article 14 , that the initiation or continuation of any proceedings concerning a customs infringement referred to in articles 3 to 6 is precluded after the expiry of a period of eight years from the day referred to in paragraph 1 or 2 of this article .


### member states shall ensure that the limitation period for proceedings concerning a customs infringement referred to in articles 3 to 6 is four years and starts to run on the day on which the customs infringement was committed . ### member states shall ensure that the limitation period for proceedings concerning a customs infringement referred to in articles 3 to 6 is three years and that it starts to run on the day on which the customs infringement was committed .


### to determine what level of disclosure strikes the appropriate balance , the relevant rights of the public to transparency in the risk assessment process , should be weighted up against the rights of commercial applicants , taking into account the objectives of regulation no 178 / 2002 . ### to determine what level of proactive disclosure strikes the appropriate balance , the need to ensure transparency in the risk assessment process , should be weighted up against the rights of commercial applicants , taking into account the objectives of regulation no 178 / 2002 .


### transparency of the risk assessment process contributes to the authority acquiring greater legitimacy in the eyes of the consumers and general public in pursuing its mission , increases their confidence in its work and ensures that the authority is more accountable to the union citizens in a democratic system . it is therefore essential to maintain the confidence of the general public and other interested parties in the risk analysis process underpinning union food law and in particular in the risk assessment , including the organisation and independence of the authority and transparency . ### the lack of transparency of the risk assessment process has contributed to the authority losing legitimacy in the eyes of the consumers and general public in pursuing its mission , eroded their confidence in its work and failed to make the authority more accountable to the union citizens in a democratic system . it is therefore essential to rebuild the confidence of the general public and other interested parties in the risk analysis process underpinning union food law and in particular in the risk assessment , including the functioning and independence of the authority and transparency .


### one member appointed by the european parliament , with the right to vote . ### two members and two alternate members appointed by the european parliament , with the right to vote .


### member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures provided for in paragraph 5d . ### as appropriate , member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures which are necessary to ensure that the conditions referred to in paragraph 5d are met .


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


### provisions exist on the content of applications for authorisations . it is essential that the application for authorisation submitted to the authority for its risk assessment meets the applicable specifications to ensure the best quality scientific assessment by the authority . applicants and in particular small - and medium - sized enterprises do not always have a clear understanding of these specifications . it should be thus appropriate that the authority provides advice to a potential applicant , upon request , on the applicable rules and the required content of an application for authorisation , before an application is formally submitted , while not entering into the design of the studies to be submitted that remain the applicant’s responsibility . to ensure the transparency of this process , the advice of the authority should be made public . ### provisions exist on the content of applications for authorisations . it is essential that the application for authorisation submitted to the authority for its risk assessment meets the applicable specifications to ensure the best quality scientific assessment by the authority . applicants and in particular small - and medium - sized enterprises do not always have a clear understanding of these specifications . it should be thus appropriate that the authority provides advice to a potential applicant , upon request , on the applicable rules and the required content of an application for authorisation , before an application is formally submitted , while not entering into the design of the studies to be submitted that remain the applicant’s responsibility . to ensure the transparency of this process , the advice of the authority should be made public . by 36 months after the entry into force of this regulation , the commission should evaluate the impact of these pre - submission meetings on the functioning of the authority . it should particularly evaluate their impact on the allocation of the authority’s resources and its independence .


### furthermore , in order to assess the effectiveness and efficiency of the different provisions applying to the authority , it is also appropriate to provide for a commission evaluation of the authority , in accordance with the common approach on decentralised agencies . the evaluation should , in particular , review the procedures for selecting the members of scientific committee and panels , for their degree of transparency , cost - effectiveness , and suitability to ensure independence and competence , and to prevent conflicts of interests . ### furthermore , in order to assess the effectiveness and efficiency of the different provisions applying to the authority , it is also appropriate to conduct an independent evaluation of the authority . the evaluation should , in particular , review the procedures for selecting the members of scientific committee and panels , for their degree of transparency , cost - effectiveness , and suitability to ensure independence and competence , and to prevent conflicts of interests .


### there are certain public concerns about the authority’s assessment in the area of authorisation being primarily based on industry studies . the authority already makes searches in scientific literature to be able to consider other data and studies existing on the subject matter submitted to its assessment . in order to provide an additional level of guarantee ensuring that the authority can have access to all relevant scientific data and studies available on a subject matter of an authorisation procedure , it is appropriate to provide for a consultation of third parties in order to identify whether other relevant scientific data or studies are available . to increase the effectiveness of the consultation , the consultation should take place when the studies submitted by industry included in an application for authorisation are made public , under the transparency rules of this regulation . ### there are certain public concerns about the authority’s assessment in the area of authorisation being primarily based on industry studies . if there is a new application , the authority shall always conduct searches in scientific literature to be able to consider other data and studies existing on the subject matter submitted to its assessment , and demand additional studies if needed . in order to provide an additional level of guarantee ensuring that the authority can have access to all relevant scientific data and studies available on a subject matter of an authorisation procedure , it is appropriate to provide for a consultation of third parties in order to identify whether other relevant scientific data or studies are available . to increase the effectiveness of the consultation , the consultation should take place immediately after the studies submitted by industry included in an application for authorisation have been made public , under the transparency rules of this regulation .


### ensure that accurate , appropriate and timely information is interactively exchanged , based on the principles of transparency , openness , and responsiveness ; ### ensure that accurate , complete and timely information is interactively exchanged , including with all interested parties , based on the principles of transparency , openness , and responsiveness ;


### the following paragraphs 5a to 5g are inserted : “5a . the members of the scientific panels shall be appointed by the management board for a renewable five year term of office in accordance with the following procedure : the executive director , after consulting the management board , shall send to the member states the request for the specific multidisciplinary expertise needed in each scientific panel and shall indicate the number of experts to be nominated by the member states . the executive director shall notify the member states of the authority ' s independence policy and implementing rules applicable to scientific panels ' members . member states shall launch a call for interest as a basis for their nominations . the executive director shall inform the management board of the requests sent to the member states . member states shall nominate experts with a view to collectively reach the number indicated by the executive director . each member state shall nominate at least 12 scientific experts . member states may nominate nationals of other member states . on the basis of the nominations made by member states , the executive director shall draw for each scientific panel a list of experts larger than the number of members to be appointed . the executive director may not draw up such a list where he / she can justify that the nominations received do not allow him , given the criteria for selection set up in point d ) of this paragraph , to draw up a larger list . the executive director shall submit the list to the management board for appointment . the nominations by the member states , the selection by the executive director and the appointments by the management board shall be made on the basis of the following criteria : a high level of scientific expertise ; independence and absence of conflict of interests in accordance with article 37 and the authority’s independence policy and implementing rules on the independence of the scientific panels’ members ; meeting the needs for the specific multi - disciplinary expertise of the panel to which they will be appointed and the applicable language regime . the management board shall ensure that the broadest possible geographical distribution is achieved in the final appointments . 5b . when the authority identifies that specific expertise is missing in a panel or several panels , the executive director shall propose additional members of the panel for appointment to the management board in accordance with the procedure laid down in paragraph 5 . 5c . the management board shall adopt , on the basis of a proposal of the executive director , rules on the detailed organisation and timing of the procedures set up in paragraphs 5a and 5b of the present article . 5d . the member states shall put in place measures ensuring that the members of the scientific panels act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . member states shall ensure that the members of the scientific panels have the means to dedicate the necessary time and effort to contribute to the work of the authority . member states shall ensure that the members of the scientific panels do not receive any instruction at any national level and that their independent scientific contribution to the risk assessment system at union level is recognised as a priority task for the protection of the safety of the food chain . 5e . member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures provided for in paragraph 5d . 5f . the authority shall support the tasks of the panels by organising their work , in particular the preparatory work to be undertaken by the authority’s staff or by designated national scientific organisations referred to in the article 36 including by organising the possibility for preparing scientific opinions to be peer - reviewed by the panels before they adopt them . 5g . each panel shall include a maximum of 21 members . ” , ### the following paragraphs 5a to 5f are inserted : ' 5a . when the authority identifies that specific expertise is missing in a panel or several panels , the executive director shall propose additional members of the panel for appointment to the management board in accordance with the procedure laid down in paragraphs . 5b . the management board shall adopt , on the basis of a proposal of the executive director , rules on the detailed organisation and timing of the procedures setup in paragraphs 5a and 5a of the present article . 5c . members of the scientific panels shall act independently and remain free from conflict of interests as provided for in article 37 and the authority’s internal measures . they shall have the means to dedicate the necessary time and effort to contribute to the work of the authority , shall not receive any instruction at any national level , and their independent scientific contribution to the risk assessment system at union level is shall be recognised as a priority task for the protection of the safety of the food chain . 5d . as appropriate , member states shall ensure that the public bodies employing those scientific experts and those having responsibility for the setting of priorities of the scientific bodies employing those experts implement the measures which are necessary to ensure that the conditions referred to in paragraph 5c are met . 5e . the authority shall support the tasks of the panels by organising their work , in particular the preparatory work to be undertaken by the authority’s staff or by designated national scientific organisations referred to in the article 36 including by organising the possibility for preparing scientific opinions to be peer - reviewed by the panels before they adopt them . 5f . each panel shall include a maximum of 21 members . ” ,


### in order to further strengthen the link between risk assessors and risk managers at union and national levels as well as the coherence and consistency of risk communication , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt a general plan on risk communication on matters covering the agri - food chain . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to improve the interactive exchange of information , throughout the risk analysis process , amongst the risk assessors and risk managers at union and national levels , as well as with economic operators of the food chain , consumer and other civil society organisations , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to adopt a general plan on risk communication on matters covering the agri - food chain . it is of particular importance that the commission carries out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .