### 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 . ### in their cap strategic plans and in particular through the elements of the intervention strategy referred to in point of article 97 , the member states shall allocate a greater overall percentage of the budget to achieve the specific environmental - and climate - related objectives set out in points , and of article 6 in comparison to the overall percentage of the budget provided to achieve the objective laid down in point of the first subparagraph of article 110 of regulation no 1306 / 2013 through support under the eagf and the eafrd in the period 2014 to 2020 . the member states shall make the following comparisons for the percentages of funds allocated to individual measures : measures set out in point article 28 of this regulation compared to article 43 of regulation no&#160 ; 1307 / 2013 interventions in accordance with articles 65 and 67 and point of article 68 compared to point of article 17 , articles 21 to 23 , 25 and 34 of regulation no 1305 / 2013 .


### 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 , at union level 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 , as well as aiming to maintain a level playing field between farmers from different member states .


### 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 .


### 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 .


### member states shall explain in their cap strategic plans , on the basis of available information , how they intend to achieve the greater overall contribution set out to in paragraph 1 . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in point of article 95 . ### member states shall explain in their cap strategic plans , on the basis of available information , how they intend to achieve the greater overall contribution set out to in paragraph 1 . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in point of article 95 . where relevant , member states may take specific measures to achieve the targets set out in article 91 . such measures are not required to be in direct continuation of existing measures . minor deviations from one year to another can be tolerated on the condition that progression towards the targets of the strategic planning period from 1 january 2021 to 31 december 2027 can be observed .


### member states shall explain in their cap strategic plans , on the basis of available information , how they intend to achieve the greater overall contribution set out to in paragraph 1 . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in point of article 95 . ### member states shall explain in their cap strategic plans how they intend to achieve the greater overall contribution set out to in paragraph 1 , including how they intend to ensure that the objectives set out on the basis of the indicators listed in article 91 will constitute an improvement to the current situation . that explanation shall be based on relevant information such as the elements referred to in points to of article 95 and in points and of article 95 .


### member states shall use the most recent and most reliable data for this assessment . ### member states shall use the most recent and most reliable data for this assessment , including up to date information about any stage of infringement procedure , and recently closed cases , related to these environmental and climate plans which effectively transpose the eu legislation . in order to contribute to eu objectives , in case of infringement , the measures proposed by the plan that is subject to infringement should not be considered by the needs assessment and should not be approved for financing .


### the member state shall decide the composition of the monitoring committee and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in article 94 . ### the member state shall decide the composition of the monitoring committee , with due regard for preventing conflicts of interest , and shall ensure a balanced representation of the relevant public authorities and intermediate bodies and of representatives of the partners referred to in article 94 that are relevant for the implementation of all objectives under article 6 .


### promote the faster and wider transposition of innovative solutions into practice ; and ### promote the faster and wider transposition of innovative agroecological solutions into practice ; and


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


### in order to 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 . member states should have the possibility to invite the commission to participate in the negotiations as an observer , or the commission should have the possibility to participate in the negotiations on its own initiative .


### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with union law . that member state may also request the assistance of the commission in those negotiations . ### where a member state gives the commission notice of negotiations pursuant to article 3 , the commission services may provide it with advice and guidelines on how to avoid the incompatibility of the intergovernmental agreement or of the amendment to an existing intergovernmental agreement under negotiation with union law . that member state may also request the assistance of the commission in those negotiations .


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


### the general plan should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential public health impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate mechanisms to ensure coherent risk communication . ### the general plan should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential environmental and public health impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk , the ways of managing it and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate mechanisms to ensure coherent risk communication which is constantly updated , clear and easy to access , and which also includes specifically dedicated instruments in order more easily to highlight alert information and to provide responses to the public concerning public health risks .


### the fitness check of the general food law identified certain shortcomings in the long - term capability of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels . the system has thus to be strengthened and member states should take a more active role to ensure that a sufficient pool of experts is available to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise . ### the fitness check of the general food law identified certain shortcomings in the long - term capability of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels . in order to tackle this phenomenon more effectively , the system has thus to be strengthened and promoted , and member states should take a more active role to ensure that a sufficient pool of experts is available by undertaking support actions and using incentives and rewards to increase the level of participation and the degree of interest in seeking to engage in it , to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise .


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


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


### the fitness check of the general food law demonstrated that although the authority has made considerable progress in terms of transparency , the risk assessment process , especially in the context of authorisation procedures covering the agri - food chain , is not always perceived as fully transparent . this is also partly due to the different transparency and confidentiality rules that are laid down not only in regulation no 178 / 2002 but also in other union legislative acts covering the agri - food chain . their interplay can impact on the acceptability of the risk assessment by the general public . ### the fitness check of the general food law demonstrated that the eu has promoted many measures to protect the quality and safety of food and products no 2073 / 2005 ; regulation no 853 / 2004 ; regulation no 854 / 2004 ; and in particular recital 12 of directive 2009 / 128 / ec ) and , although the authority has made considerable progress in terms of transparency , the risk assessment process , especially in the context of authorisation procedures covering the agri - food chain , is not yet perceived as fully transparent .


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


### 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 an exhaustive 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 , . in all circumstances that could give rise to an alert about potential risks to public health and / or clearly established problems which are indicative of an urgent need to protect human health , animal health or the environment , such information should be disclosed , as the interests of public health should always prevail over commercial interests .


### it is also necessary to set out specific requirements with respect to the protection of personal data for the purposes of the transparency of the risk assessment process taking into account regulation no 45 / 2001 of the european parliament and of the council24 and regulation 2016 / 679 of the european parliament and of the council25 . accordingly , no personal data should be made publicly available under this regulation , unless it is necessary and proportionate for the purposes of ensuring the transparency , independence and the reliability of the risk assessment process , while preventing conflicts of interests . _________________ 24 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . 25 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### it is also necessary to set out specific requirements with respect to the protection and the confidentiality of personal data for the purposes of the transparency of the risk assessment process taking into account regulation no 45 / 2001 of the european parliament and of the council24 and regulation 2016 / 679 of the european parliament and of the council25 . accordingly , no personal data should be made publicly available under this regulation , unless it is necessary and proportionate for the purposes of ensuring the transparency , independence and the reliability of the risk assessment process , while preventing conflicts of interests . _________________ 24 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . 25 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### it is also necessary to set out specific requirements with respect to the protection of personal data for the purposes of the transparency of the risk assessment process taking into account regulation no 45 / 2001 of the european parliament and of the council24 and regulation 2016 / 679 of the european parliament and of the council25 . accordingly , no personal data should be made publicly available under this regulation , unless it is necessary and proportionate for the purposes of ensuring the transparency , independence and the reliability of the risk assessment process , while preventing conflicts of interests . _________________ 24 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . 25 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec . ### it is also necessary to set out specific requirements with respect to the protection of personal data for the purposes of the transparency of the risk assessment process taking into account regulation no 45 / 2001 of the european parliament and of the council24 and regulation 2016 / 679 of the european parliament and of the council25 . accordingly , no personal data should be made publicly available under this regulation , unless it is necessary and proportionate for the purposes of ensuring the transparency , independence , suitability and reliability of the risk assessment process , while preventing conflicts of interests . _________________ 24 regulation no 45 / 2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data . 25 regulation 2016 / 679 of the european parliament and of the council of 27 april 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , and repealing directive 95 / 46 / ec .


### for the purposes of increased transparency and in order to ensure that requests for scientific outputs received by the authority are processed in an effective manner , standard data formats and software packages should be developed . in order to ensure uniform conditions for the implementation of regulation no 178 / 2002 with regard to the adoption of standard data formats and software packages , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council26 . _________________ 26 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### for the purposes of increased transparency and in order to ensure that requests for scientific outputs received by the authority are processed in an effective manner , standard data formats and software packages should be developed . in order to ensure uniform , harmonised conditions for the implementation of regulation no 178 / 2002 with regard to the adoption of standard data formats and software packages , implementing powers should be conferred on the commission . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council26 . _________________ 26 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


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


### 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 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 , vigilance and competence , and to prevent conflicts of interests .


### provide a sound basis for understanding risk management decisions ; ### provide a sound basis for identifying the best decisions on risk management ;


### foster public understanding of the risk analysis process so as to enhance confidence in its outcome ; ### foster public understanding of the risk analysis process so as to enhance confidence in its outcome and restore consumers’ trust in the eu and its institutions ;


### provide transparent information at each stage of the risk analysis process from the framing of requests for scientific advice to the provision of risk assessment and the adoption of risk management decisions ; ### constantly provide up - to - date and transparent information at each stage of the risk analysis process from the framing of requests for scientific advice to the provision of risk assessment and the adoption of risk management decisions ;


### take into account risk perceptions ; ### take into account the level of risk , its possible consequences and risk perceptions ;


### facilitate understanding and dialogue amongst all interested parties ; and , ### facilitate understanding and dialogue amongst all interested parties , such as consumers and consumer associations , environmental groups , animal welfare organisations , health organisations , citizens’ associations , scientific research centres , trade unions and also cooperatives , associations of producers and farmers , representatives of small and medium - sized enterprises , and the research and innovation sectors ; and ,


### adopt a reasoned decision on the confidentiality request taking into account the observations of the applicant within ten weeks from the date of receipt of the confidentiality request with respect to applications for authorisation and without undue delay in the case of supplementary data and information and notify the applicant and inform the commission and the member states , as appropriate , of its decision ; and , ### adopt a reasoned decision on the confidentiality request taking into account the observations of the applicant within eight weeks from the date of receipt of the confidentiality request with respect to applications for authorisation and without undue delay in the case of supplementary data and information and notify the applicant and inform the commission and the member states of its decision ; and ,


### identify the appropriate main tools and channels to be used for risk communication purposes , taking into account the needs of relevant target audience groups ; and , ### identify the appropriate main tools and channels to be used for risk communication purposes , taking into account the specific needs of relevant target audience groups and in particular arranging for specific communication for situations in which any emergencies are managed that might arise in the field of food or the environment , which presupposes an increase in dedicated communication tools and measures ; and ,


### establish appropriate mechanisms in order to strengthen coherence of risk communication amongst risk assessors and risk managers and ensure an open dialogue amongst all interested parties . ### establish appropriate mechanisms in order to strengthen coherence of risk communication amongst risk assessors and risk managers and ensure an open dialogue and constant interaction amongst all interested parties .


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


### the management board shall ensure that the broadest possible geographical distribution is achieved in the final appointments . ### the management board shall ensure that the broadest , most comprehensive and most participatory possible geographical distribution is achieved in the final appointments .


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


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


### the commission experts shall perform controls , including audits , to obtain assurance that testing facilities comply with relevant standards for carrying out tests and studies submitted to the authority as part of an application for an authorisation under union food law . these controls shall be organised in cooperation with the competent authorities of the member states . ### the commission experts shall perform controls , including audits , to obtain assurance that testing facilities are independent , transparent and staffed by highly skilled persons and comply with relevant standards for carrying out tests and studies submitted to the authority as part of an application for an authorisation under union food law . these controls shall be organised in cooperation with the competent authorities of the member states .


### the name and address of the applicant ; ### the name of the applicant ;


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


### the information systems operated by the authority to store its data , including confidential and personal data shall be designed to a high level of security appropriate to the security risks at stake , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ; ### the information systems operated by the authority to store its data , including confidential and personal data shall be designed in such a way as to provide guarantees that the highest standards of security appropriate to the security risks at stake will be attained , taking into account articles 39 to 39f of this regulation . access shall be based at the minimum on a system requiring two factor authentication or providing an equivalent level of security . the system shall ensure that any access to it is fully auditable . ;


### a delegated act adopted pursuant to article 8 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ; ### a delegated act adopted pursuant to article 8 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period may be extended by two months at the initiative of the european parliament or of the council . ;


### not later than five years after the date referred to in article [ entry into force of the regulation amending the gfl ] , and every five years thereafter , the commission shall assess the authority’s performance in relation to its objectives , mandate , tasks , procedures and location , in accordance with commission guidelines . the evaluation shall address the possible need to modify the mandate of the authority , and the financial implications of any such modification . ### not later than five years after the date referred to in article [ entry into force of the regulation amending the gfl ] , and every five years thereafter , the commission shall assess the authority’s performance in relation to its objectives , mandate , tasks , procedures and location , in accordance with commission guidelines . the evaluation shall address the possible need to modify the mandate of the authority , and the financial implications of any such modification . conversely , if the evaluation shows that the set objectives are being attained and the tasks assigned are being performed , it would be desirable to increase investment in order to secure more ambitious results .


### and , the authority shall assess the confidentiality request submitted by the applicant . ### and , the authority shall assess the confidentiality request submitted by the applicant and shall be required to respond - and provide the necessary justification - within two months of receipt of the application .


### as crime is often transnational in nature , effective cross - border cooperation is essential in order to seize and confiscate the proceeds and instrumentalities of crime . ### as crime is often transnational in nature , effective cross - border cooperation , continuing exchange of information and reciprocal support is essential in order to detect , seize and confiscate the proceeds and instrumentalities of crime .


### the commission ' s implementation reports on framework decisions 2003 / 577 / jha and 2006 / 783 / jha show that the existing regime for the mutual recognition of freezing and confiscation orders is not fully effective . the current instruments have not been implemented and applied uniformly in the member states , leading to insufficient mutual recognition . ### the commission ' s implementation reports on framework decisions 2003 / 577 / jha and 2006 / 783 / jha show that the existing regime for the mutual recognition of freezing and confiscation orders is not fully effective . the current instruments have not been implemented and applied uniformly in the member states , leading to insufficient mutual recognition and inefficient cross - border cooperation .


### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority , in order to obtain any necessary additional information . ### before deciding to apply a ground for non - recognition and non - execution , the executing authority should consult the issuing authority without any undue delay , in order to obtain necessary additional information .


### the execution of a confiscation or a freezing order should be governed by the law of the executing state and its authorities should alone be competent to decide on the procedures for execution . ### the execution of a freezing or a confiscation order should be governed by the law of the executing state and its authorities should alone be competent to decide on the procedures for execution .


### any interested party , including bona fide third parties , should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights , including the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with directive 2014 / 42 / eu . the action should be brought before a court in the executing state . ### any interested party , including bona fide third parties , should have legal remedies against the recognition and execution of a freezing or confiscation order to preserve his or her rights , including the right of access to the file and the effective possibility to challenge the order before a court or claim title of ownership or other property rights in accordance with directive 2014 / 42 / eu . the action should be brought before a court in the executing state .


### this regulation shall not have the effect of amending the obligation to respect the fundamental rights and legal principles as enshrined in article 6 teu . ### this regulation shall not have the effect of amending the obligation to respect fundamental rights and legal principles , in particular the right to a defence , the right to a fair trial and the right to property , as provided for by article 6 teu .


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


### a confiscation order , or a certified copy of it , shall be transmitted together with the certificate provided for in article 7 by the issuing authority directly to the executing authority or , where applicable , to the central authority referred to in article 27 by any means capable of producing a written record under conditions allowing the executing authority to establish authenticity . ### a confiscation order , shall be transmitted together with the certificate provided for in article 7 by the issuing authority directly to the executing authority or , where applicable , to the central authority referred to in article 27 by any means capable of producing a written record under conditions allowing the executing authority to establish authenticity .


### a confiscation order may only be transmitted pursuant to article 4 to one executing state at any one time . ### in principle , a confiscation order may only be transmitted pursuant to article 4 to one executing state at any one time .


### a freezing order may only be transmitted pursuant to article 14 to one executing state at any one time . ### in principle , a freezing order may only be transmitted pursuant to article 14 to one executing state at any one time .


### if all or a part of the freezing or confiscation order has been executed in the issuing state or in another executing state , specifying the amount for which the freezing or confiscation order has not yet been executed ; ### if all or a part of the confiscation order has been executed in the issuing state or in another executing state , specifying the amount for which the confiscation order has not yet been executed ;


### where the issuing state has indicated that it wishes to withdraw the order from the executing state for any reason , the executing state shall terminate the execution of the confiscation order immediately . ### where the issuing state has indicated that it wishes to withdraw the order from the executing state for any reason , the executing state shall terminate the execution of the confiscation order immediately or within 3 working days at the latest .


### where it is not possible in a specific case to meet the time limits set out in paragraphs 2 or 4 , the executing authority shall , without delay , inform the issuing authority by any means , giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the confiscation . in such a case , the time limit laid down in paragraphs 2 or 4 , may be extended by a maximum of 30 days . ### where it is not possible in a specific case to meet the time limits set out in paragraphs 2 or 4 , the executing authority shall , within 3 working days at the latest , inform the issuing authority by any means , giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the confiscation . in such a case , the time limit laid down in paragraphs 2 or 4 , may be extended by a maximum of 30 days .


### where it is not possible in a specific case to meet the time limits set out in paragraphs 3 or 6 , the executing authority shall immediately inform the issuing authority by any means , giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the freezing . ### where it is not possible in a specific case to meet the time limits set out in paragraphs 3 or 6 , the executing authority shall immediately or within 3 working days at the latest , inform the issuing authority by any means , giving the reasons for the delay and shall consult with the issuing authority on the appropriate timing to carry out the freezing .


### without prejudice to article 22 , following the execution , the executing authority shall notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with article 14 . ### without prejudice to article 22 , following the execution , the executing authority shall , without delay , notify its decision to the person against whom the freezing order has been issued and to any interested party including bona fide third parties of which the executing authority has been informed in accordance with article 14 .


### 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 sufficient , comprehensible information on the reasons for the freezing order , on the authority which issued the order and on the existing legal remedies under the national law of the executing state .


### after consulting the issuing authority , the executing authority , taking into account the circumstances of the case , may make a reasoned request to the issuing authority to limit the period for which the property shall be frozen . if the issuing authority does not agree to such a limitation , it shall inform the executing authority thereof , stating its reasons . if the issuing authority does not do so within six weeks of receiving the request , the executing authority may lift the freezing order . ### after consulting the issuing authority , the executing authority , taking into account the circumstances of the case , may make a reasoned request to the issuing authority to limit the period for which the property shall be frozen . if the issuing authority does not agree to such a limitation , it shall inform the executing authority thereof , stating its reasons . if the issuing authority does not do so within four weeks of receiving the request , the executing authority may lift the freezing order .


### the issuing authority shall immediately inform the executing authority by any means capable of producing a written record of any decision or measure as a result of which the order ceases to be enforceable or shall be withdrawn for any other reason . ### the issuing authority shall immediately or within 48 working hours at the latest , inform the executing authority by any means capable of producing a written record of any decision or measure as a result of which the order ceases to be enforceable or shall be withdrawn for any other reason .


### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , 50 % of the amount shall be transferred by the executing state to the issuing state . ### if the amount obtained from the execution of the confiscation order is more than eur 10 000 , the amount shall be transferred as follows , 30 % to the executing state and 70% to the issuing state .


### homogeneous incorporation of the veterinary medicinal product into the feed is also crucial for the manufacture of a safe and efficient medicated feed . therefore , the possibility to establish criteria , such as target values , for the homogeneity of the medicated feed should be provided for . ### homogeneous distribution of the veterinary medicinal product in the feed is also crucial for the manufacture of a safe and efficient medicated feed . therefore , the possibility to establish criteria , such as target values , for the homogeneity of the medicated feed should be provided for .


### for intra union trade of medicated feed , it should be ensured that the veterinary medicinal product contained therein has been duly authorised in the member state of destination according to directive 2001 / 82 / ec . ### for intra union trade of medicated feed , it should be ensured that the veterinary medicinal product contained therein , or another veterinary medicinal product with equivalent active substances or composition , has been duly authorised in the member state of destination according to regulation 2015 / . . . .


### feed business operators manufacturing , whether they operate in a feed mill , with a specially equipped lorry or on - farm , storing , transporting or placing on the market medicated feed and intermediate products , should be approved by the competent authority , in line with the approval system laid down in regulation no 183 / 2005 , in order to ensure both feed safety and product traceability . provision should be made for a transition procedure concerning establishments already approved under directive 90 / 167 / eec . ### feed business operators manufacturing , whether they operate in a feed mill , with a specially equipped mobile infrastructure or on - farm , storing , transporting or placing on the market medicated feed and intermediate products , should be approved by the competent authority , in line with the approval system laid down in regulation no 183 / 2005 , in order to ensure both feed safety and product traceability . provision should be made for a transition procedure concerning establishments already approved under directive 90 / 167 / eec .


### the definitions of ' food - producing animal ' , ' feed materials ' , ' compound feed ' , ' complementary feed ' , ' mineral feed ' , ' labelling ' , ' label ' , ' minimum storage life ' and ' batch ' as laid down in article 3 of regulation no 767 / 2009 ; ### the definitions of ' food - producing animal ' , ' non - food producing animal ' , ' feed materials ' , ' compound feed ' , ' complementary feed ' , ' mineral feed ' , ' labelling ' , ' label ' , ' minimum storage life ' and ' batch ' as laid down in article 3 of regulation no 767 / 2009 ;


### the definition of ' establishment ' as laid down in article 3 of regulation no 183 / 2005 ; ### the definition of ' establishment ' and ' feed business operator ' as laid down in article 3 of regulation no 183 / 2005 ;


### ' intermediate product ' : a mixture of one or more veterinary medicinal products with one or more feeds , intended to be used for the manufacture of medicated feed ; ### ' intermediate medicated feed ' : feed resulting from the mixture of one or more veterinary medicinal products authorised for this use with one or more feeds , intended to be used for the manufacture of medicated feed ;


### ‘ non - target feed’ : feed which is not intended to contain a specific veterinary medicinal product ; ### ‘ non - target feed’ : feed which is not intended to contain a veterinary medicinal product ;


### ‘ distributor’ : any feed business operator that supplies medicated feed , packaged and ready for use , to the animal holder ; ### ‘ distributor’ : any feed business operator that supplies medicated feed , packaged and ready for use , to the animal holder or , in the case of medicated feed supplied for non - food producing animals , another operator authorised to distribute veterinary medicines ;


### 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 the requirements of regulation no 183 / 2005 and regulation no 767 / 2009 and additional requirements established in annex i and iii to this regulation .


### the medicated feed is manufactured in compliance with the relevant conditions laid down in the summary of the product characteristics referred to in article 14 of directive 2001 / 82 / ec , related to the veterinary medicinal products to be incorporated in the medicated feed ; ### the medicated feed is manufactured in compliance with the relevant conditions laid down in the summary of the product characteristics referred to in article 30 of regulation 2015 / . . . , related to the veterinary medicinal products to be incorporated in the medicated feed , including , in particular , provisions regarding interactions between the veterinary medicinal products and the feed that may impair the safety or the efficacy of the medicated feed ;


### feed business operators manufacturing medicated feed shall ensure the homogeneous incorporation of the veterinary medicinal product or the intermediate product into the feed . ### feed business operators manufacturing medicated feed shall ensure the homogeneous distribution of the veterinary medicinal product or the intermediate product in the feed .


### the commission may , by means of implementing acts , establish criteria for the homogenous incorporation of the veterinary medicinal product into the medicated feed or into the intermediate product , taking into account the specific properties of the veterinary medicinal products and of the mixing technology . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 20 . ### the commission may , by means of implementing acts , establish criteria for the homogenous distribution of the veterinary medicinal product in the medicated feed or into the intermediate product , taking into account the specific properties of the veterinary medicinal products and of the mixing technology . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 20 .


### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall apply measures in accordance with article 3 and 4 to avoid carry - over . ### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall apply measures in accordance with article 3 and 4 to avoid carry - over , in accordance with the alara principle , in order to avoid risk for animal health , human health or the environment .


### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall apply measures in accordance with article 3 and 4 to avoid carry - over . ### feed business operators manufacturing , storing , transporting and placing on the market medicated feed and intermediate products shall apply measures in accordance with article 3 and 4 to restrict carry - over to as low a level as possible .


### in addition to article 11 , articles 12 and 14 of regulation no 767 / 2009 , the labelling of medicated feed and intermediate products shall comply with annex iii to this regulation . ### in addition to articles 11 , 11 , 12 , 14 , 15 , 15 , 15 , 15 , 17 , 17 , 17 , 17 , 17 and 17 of regulation no 767 / 2009 , the labelling of medicated feed and intermediate products should comply with annex iii to this regulation .


### where the member state of manufacture of medicated feed is not the same as the member state where it is used by the animal holder , the veterinary medicinal product shall be authorised in accordance with directive 2001 / 82 / ec in the member state of use . ### where the member state of manufacture of medicated feed is not the same as the member state where it is used by the animal holder , the veterinary medicinal product shall be authorised in accordance with regulation 2015 / . . . in the member state of use or contain the same active substances and a composition , in quantitative and qualitative terms , equivalent to a veterinary medicinal product already authorised under directive 2001 / 82 / ec .


### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used . ### the prescribed medicated feed may be used only for animals examined by the person who issued the prescription and only for a diagnosed disease or health risk . the person who issued the prescription shall verify that this medication is justified for the target animals on veterinary grounds . furthermore he shall ensure that the administration of the veterinary medicinal product concerned is not incompatible with another treatment or use and that there is no contra - indication or interaction where several medicinal products are used .


### the prescription shall , in line with the summary of the product characteristics of the veterinary medicinal product , indicate the inclusion rate of the veterinary medicinal product calculated on the basis of the relevant parameters . ### the prescription shall , in line with the summary of the product characteristics of the veterinary medicinal product , indicate the inclusion rate of the active substance of the veterinary medicinal product per kilogram of medicated feed .


### 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 develop appropriate collection systems in cooperation with the operators of the sector 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 .


### the delegation of power referred to in articles 7 and 18 shall be conferred on the commission for an indeterminate period of time from the date of entry into force of this regulation . ### the power to adopt delegated acts referred to in articles 7 and 18 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation . the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five year period . the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period .


### the presence of undesirable substances within the meaning of directive 2002 / 32 / ec and of other contaminants in relation to human and animal health shall be monitored , and appropriate measures to minimise this presence shall be taken . ### the presence of undesirable substances within the meaning of directive 2002 / 32 / ec in relation to human and animal health shall be monitored , and appropriate measures to minimise this presence shall be taken .


### the label of medicated feed and intermediary products shall include the following particulars : ### the label of medicated feed and intermediary products shall include , in accordance with the requirements of this annex and of regulation no 767 / 2009 the following particulars , in a simple , clear and easily understandable manner for the end users :


### the expression ' medicated feed ' or ' intermediate product for medicated feed ' supplemented by the expression ' complete ' or ' complementary ' , as appropriate , and the target species ; ### the expression ' medicated feed ' or ' intermediate product for medicated feed ' supplemented by the expression ' complete ' or ' complete dietetic ' or ' complementary ' or ' complementary dietetic ' , as appropriate , and the target species ;


### a recommendation to read the package leaflet of the veterinary medicinal products , including a hyperlink where it can be found , a warning that the product is only for the treatment of animals , as well as another warning that the product must be kept out of the sight and reach of children ; ### a recommendation to read the package leaflet of the veterinary medicinal products , including a hyperlink where it can be found , a warning that the product is only for the treatment of animals , a warning that the product must be kept out of the sight and reach of children , as well as another warning that people in the proximity of animals treated with medicated feed may be contaminated .


### the instructions for use , in accordance with the veterinary prescription and with the summary of product characteristics referred to in article 14 of directive 2001 / 82 / ec ; ### the instructions for use , in accordance with the summary of product characteristics referred to in article 14 of directive 2001 / 82 / ec , or with the veterinary prescription , if available at the time of manufacture .


### this regulation lays down a financial envelope for the period 2018 - 2020 which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management23 , for the european parliament and the council during the annual budgetary procedure . the prime reference amount includes redeployments from the erasmus + programme and from the employment and social innovation programme for the financial years 2018 , 2019 and 2020 , and it is complemented by contributions from several union programmes under different headings , such as the european social fund , the union civil protection mechanism , the life programme and the european agricultural fund for rural development . _________________ 23 interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management , oj c 373 , 20 . 12 . 2013 , p . 1 . ### this regulation lays down a financial envelope of eur 341 , 5 million in current prices for the period 2018 - 2020 which is to constitute the prime reference amount , within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management23 , for the european parliament and the council during the annual budgetary procedure . the financial envelope should include the amount of eur 197 , 7 million that was originally earmarked to finance the intra - union european voluntary service activities under the erasmus + programme for the financial years 2018 , 2019 and 2020 , given that those activities are to be transferred to the european solidarity corps programme . considering the need to avoid any negative impact on the financing of existing multiannual programmes , the remaining amount for the financing of the european solidarity corps should be drawn exclusively from unallocated margins under the multiannual financial framework ceilings . _________________ 23 interinstitutional agreement of 2 december 2013 between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management , oj c 373 , 20 . 12 . 2013 , p . 1 .


### the amount referred to in paragraph 1 includes a financial envelope of eur 294 200 00033 in current prices supplemented by contributions from : _________________ 33 this financial envelope constitutes the prime reference amount within the meaning of point 17 of the interinstitutional agreement between the european parliament , the council and the commission on budgetary discipline , on cooperation in budgetary matters and on sound financial management . ### the amount referred to in paragraph 1 includes a financial envelope of eur 197 700 000 in current prices , which corresponds to the amount originally earmarked to finance the intra - union european voluntary service activities under the erasmus + programme . the remaining amount of eur 143 800 000 for the financing of the european solidarity corps shall be drawn exclusively from unallocated margins under the multiannual financial framework ceilings .


### up to 1 , 5 % to the student loan guarantee facility ; ### 3 , 5 % of the student loan guarantee facility ;


### union support in the fields of the protection of the financial interests of the union , of irregularity reporting , and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme , the eu anti - fraud programme , with a view to increasing synergies and budgetary flexibility , and to simplifying management . ### union support in the fields of the protection of the financial interests of the union , of irregularity reporting , and of mutual administrative assistance and cooperation in customs and agricultural matters should be streamlined under a single programme , the eu anti - fraud programme , with a view to increasing synergies and budgetary flexibility , and to simplifying management . in addition , avoiding duplication and finding synergies between the eu anti - fraud programme and other relevant programmes in areas such as justice , customs , and home affairs will be explored in the context of the preparation of the annual work programmes .


### the purchase of equipment through the union instrument for financial support for customs control equipment26 may have a positive impact on the fight against fraud affecting the financial interests of the eu . there is a joint responsibility on the union instrument for financial support for customs control equipment and the programme to avoid any duplication in the union support . the programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the union instrument for financial support for customs control equipment , or equipment for which the beneficiaries are authorities other than the authorities targeted by the union instrument for financial support for customs control equipment . avoiding overlaps should be notably ensured in the context of the preparation of the annual work programmes . _________________ 26 [ ref ] ### the purchase of equipment through the union instrument for financial support for customs control equipment26 may have a positive impact on the fight against fraud affecting the financial interests of the eu . there is a joint responsibility on the union instrument for financial support for customs control equipment and the programme to avoid any duplication in the union support . the programme should essentially target its support to the acquisition of types of equipment which do not fall under the scope of the union instrument for financial support for customs control equipment , or equipment for which the beneficiaries are authorities other than the authorities targeted by the union instrument for financial support for customs control equipment . moreover , there should be a clear link between the outcome of the funded equipment and the protection of the financial interest of the union . avoiding overlaps as well as establishing synergies between the eu anti - fraud programme and other relevant programmes in areas such as justice , customs , and home affairs should be notably ensured in the context of the preparation of the work programmes . _________________ 26 [ ref ]


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee , the committee of the regions , and the european court of auditors . ### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee , the committee of the regions , and the european court of auditors , and publish them on the commission ' s website .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . acknowledging the origin , and ensuring visibility , of the union funding shall not be required where there is a risk of compromising the effective performance of anti - fraud and customs operational activities . ### the recipients of union funding shall acknowledge the origin and ensure maximum visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . acknowledging the origin , and ensuring visibility , of the union funding shall not be required where there is a risk of compromising the effective performance of anti - fraud and customs operational activities .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 2 . ### the commission shall regularly implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 2 .


### 2 : percentage of member states receiving support each year of the programme . ### 2 : list of member states receiving support each year of the programme and respective share in funding .


### in order to approximate the national sanctioning systems of the member states , scales of sanctions should be established reflecting the different categories of the customs infringements and their seriousness . for the purpose of imposing effective , proportionate and dissuasive sanctions , member states should also ensure that their competent authorities take into account specific aggravating or mitigating circumstances when determining the type and level of sanctions to be applied . ### in order to approximate the national sanctioning systems of the member states , scales of sanctions should be established reflecting the different categories of the customs infringements and the degree of fault . for the purpose of imposing effective , proportionate and dissuasive non - criminal sanctions , member states should also ensure that their competent authorities take into account specific aggravating or mitigating circumstances when determining the type and level of sanctions to be applied .


### this directive establishes a framework concerning the infringements of union customs legislation and provides for sanctions for those infringements . ### this directive seeks to contribute to the proper functioning of the internal market and to lay down the framework concerning infringements of union customs legislation , and it provides for non - criminal sanctions for those infringements by approximating the provisions laid down by law , regulation , or administrative action in member states .


### customs infringements and sanctions ### customs infringements and non - criminal customs sanctions


### member states shall lay down rules on sanctions in respect of the customs infringements set out in articles 3 to 6 . ### member states shall lay down rules on non - criminal sanctions in respect of the customs infringements set out in articles 3 to 6 , where committed by negligence or intentionally .


### member states shall ensure that legal persons are held liable for customs infringements committed for their benefit by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on any of the following : ### member states shall ensure that legal persons are held liable for customs infringements as referred to in articles 3 to 6 committed for their benefit by any person , acting either individually or as part of an organ of the legal person , and having a leading position within the legal person , based on any of the following :


### member states shall ensure that effective , proportionate and dissuasive sanctions are imposed for the customs infringements referred to in article 3 within the following limits : ### member states shall ensure that effective , proportionate and dissuasive sanctions , not governed by criminal law , are imposed for the customs infringements referred to in article 3 within the following limits :


### member states shall ensure that the limitation period for the enforcement of a decision imposing a sanction is three years . that period shall start to run on the day on which that decision becomes final . ### member states shall ensure that the limitation period for the enforcement of a decision imposing a sanction is five years . that period shall start to run on the day on which that decision becomes final .


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


### the general plan should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential public health impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate mechanisms to ensure coherent risk communication . ### the general plan should lay down the practical arrangements for making available to the public the necessary information to achieve a high level of transparency of the risk management process . it should identify the key factors to be taken into account when risk communications’ activities are considered , such as the different levels of risk , the nature of the risk and its potential public health impact , who and what are directly or indirectly affected by the risk , the levels of risk exposure , the ability to control risk and other factors that influence risk perception including the level of urgency as well as the applicable legislative framework and relevant market context . the general plan should also identify the tools and channels to be used and should establish appropriate mechanisms to ensure effective risk communication .


### the fitness check of the general food law identified certain shortcomings in the long - term capability of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels . the system has thus to be strengthened and member states should take a more active role to ensure that a sufficient pool of experts is available to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise . ### the fitness check of the general food law identified certain shortcomings in the long - term capacity of the authority to maintain its high - level expertise . in particular , there has been a decrease in the number of candidates applying to be members of the scientific panels . member states should support the dissemination of the authority’s calls for expressions of interest for membership of the scientific panels and scientific committee , to ensure that a sufficient pool of experts is available to meet the needs of the union risk assessment system in terms of high level of scientific expertise , independence and multidisciplinary expertise .


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


### studies , including tests , submitted by business operators in support of applications for authorisations under union sectoral food law usually comply with internationally recognised principles , which provide a uniform basis for their quality in particular in terms of reproducibility of results . however , issues of compliance with the applicable standards may arise in some cases and this is why national systems are in place to verify such compliance . it is appropriate to provide an additional level of guarantees to reassure the general public on the quality of studies and to lay down an enhanced auditing system whereby member state controls on the implementation of those principles by the laboratories carrying out such studies and tests would be verified by the commission . ### studies , including tests , submitted by business operators in support of applications for authorisations under union sectoral food law usually refer to internationally recognised principles , which provide a uniform basis for their quality in particular in terms of reproducibility of results . however , non - compliance with the applicable standards may arise and this is why national systems are in place to verify such compliance . in order to ensure the quality of studies it is appropriate to enhance the auditing system whereby member states control and ensure the implementation of those principles by the laboratories carrying out such studies and tests and whereby member states’ controls are to be verified by the commission .


### 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 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 , vigilance and competence , and to prevent conflicts of interests .


### 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 further strengthen the link between risk assessors and risk managers at union and national levels , as well as with other stakeholders in the food chain such as economic operators , 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 . the general plan on risk communication shall lay down the practical arrangements for making available to the public the necessary information to achieve a high level of transparency of the risk management process . therefore , 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 .


### provide a sound basis for understanding risk management decisions ; ### provide a scientific basis for identifying the best decisions on risk management ;


### provide transparent information at each stage of the risk analysis process from the framing of requests for scientific advice to the provision of risk assessment and the adoption of risk management decisions ; ### constantly provide up - to - date and transparent information at each stage of the risk analysis process from the framing of requests for scientific advice to the provision of risk assessment and the adoption of risk management decisions ;


### facilitate understanding and dialogue amongst all interested parties ; and , ### facilitate understanding , dialogue and cooperation amongst all interested parties , such as consumers and consumer associations , environmental groups , animal welfare organisations , health organisations , citizens’ associations , scientific research centres , trade unions and also cooperatives , associations of producers and farmers , representatives of small and medium - sized enterprises , and the research and innovation sectors ; and ,


### 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 ;


### two members and the alternate members appointed by the commission and representing the commission , with the right to vote . ### two members and two alternate members , appointed by the commission and representing the commission , with the right to vote .


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


### the members of the scientific committee who are not members of scientific panels and the additional members referred to in paragraph 5b shall be appointed by the management board , acting upon a proposal from the executive director , for a five year term of office , which may be renewable , following publication in the official journal of the european union , in relevant leading scientific publications and on the authority’s website of a call for expressions of interest . ” , ### the members of the scientific committee who are not members of the scientific panels , the members of the scientific panels and the additional members referred to in paragraph 5a shall be appointed by the management board for a renewable five year term of office in accordance with the following procedure : a call for expressions of interest shall be published in the official journal of the european union , in relevant leading scientific publications and on the authority ' s website ; member states shall ensure the broad dissemination of the call for expressions of interest across the scientific community ; on the basis of the applications received and in accordance with the authority’s independence policy and implementing rules applicable to scientific panels’ members , 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 applications 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 .