### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . an additional mandatory exception should give research organisations access to information in a format that enables it to be text and data mined . research organisations should also benefit from the exception when they engage in public - private partnerships , provided that they reinvest their profits in research . the new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are either not represented or not adequately represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ‘ towards a modern , more european copyright framework’26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . __________________ 26 com 626 final . ### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited , and relevant legislation needs to be future proof so as to not restrict technological development . new business models and new actors continue to emerge . the objectives and the principles laid down by the union copyright framework remain sound . however , legal uncertainty remains , for both rightholders and users , as regards certain uses , including cross - border uses , of works and other subject - matter in the digital environment . as set out in the communication of the commission entitled ' towards a modern , more european copyright framework ' 26 , in some areas it is necessary to adapt and supplement the current union copyright framework . this directive provides for rules to adapt certain exceptions and limitations to digital and cross - border environments , as well as measures to facilitate certain licensing practices as regards the dissemination of out - of - commerce works and the online availability of audiovisual works on video - on - demand platforms with a view to ensuring wider access to content . in order to achieve a well - functioning and fair marketplace for copyright , there should also be rules on the use of works and other subject - matter on online service providers and on the transparency of authors ' and performers ' contracts and of the accounting deriving from the exploitation of protected works according to those contracts . __________________ 26 com 626 final .


### ‘ text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns , trends and correlations ; ### ' text and data mining ' means any automated analytical technique which analyses works and other subject matter in digital form in order to generate information , including , but not limited to , patterns , trends and correlations .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to technologically limit the right to exercise the exception adopted pursuant to paragraph 1 .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers or any representatives appointed by them are entitled to claim additional remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent revenues and benefits derived from the exploitation of the works or performances .


### the collective management organisation is , on the basis of mandates from rightholders , broadly representative of rightholders in the category of works or other subject - matter and of the rights which are the subject of the licence ; ### the organisation in charge of granting licences is broadly representative of rightholders according to the&#160 ; law of the member state ;


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research and innovation , transformative use , education and cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec negatively impacts the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for research , teaching and preservation of cultural heritage should be reassessed and complemented in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies , illustration for teaching , user - generated content , freedom of panorama and for preservation and dissemination of cultural heritage should be introduced . for uses not covered by the exceptions or limitations provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### the licence , and in particular its application to unrepresented rightholders ; ### any licence , and in particular its application to unrepresented rightholders ;


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector , in an open readable format , accurate , timely , adequate and sufficient comprehensive information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations .


### the possibility of rightholders to object , referred to in point of paragraph 1 ; ### the possibility of rightholders to object , referred to in paragraph 2 and point of paragraph 4 ;


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often reluctant or unable to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an efficient alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . it should also be possible to agree upon the dispute settlement resolution in collective agreements .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker negotiating position when they grant licences or transfer their rights by contract , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer . however , they often face a lack of transparency . therefore , the regular sharing of adequate and accurate information by their direct contractual counterparts or their successors in title is necessary for transparency and balance in the system that governs the remuneration of authors and performers .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### evolution of digital technologies has led to the emergence of new business models and reinforced the role of the internet as the main marketplace for the distribution of copyright protected content . over the years , online services enabling their users to upload works and make them accessible to the public have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , is not available through customary channels in any form suitable for the work permanently in the collection of a cultural heritage institution . out of commerce works include both works that have previously been available commercially and works that have never been commercially available . member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter are out of commerce do not extend beyond what is necessary and reasonable and proportionate do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce .


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter or extract thereof , except for&#160 ; contents that are primarily intended to the educational and musical scores markets , for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) . ### in order to meet the union ' s commitments made at the 21st conference of the parties to the united nations framework convention on climate change , held in paris in 2015 , the decarbonisation of the transport sector needs to be accelerated and greenhouse gas emissions from that sector should be firmly on the path towards zero - emission by mid - century . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 .


### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target . , however , experience shows that niche manufacturers have the same potential as large manufacturers to meet the co2 targets and with regard to the targets set from 2025 onwards it is not considered appropriate to distinguish between those two categories of manufacturers . ### the procedure for granting derogations from the 95 g co2 / km fleet target to niche car manufacturers ensures that the reduction effort required by niche manufacturers is consistent with that of large volume manufacturers with regard to that target .


### a dedicated incentive mechanism should be introduced to facilitate a smooth transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles . ### a dedicated incentive mechanism should be introduced to facilitate a smooth and timely transition towards zero - emission mobility . this crediting mechanism should be designed so as to promote the deployment on the union market of zero - and low - emission vehicles .


### the european strategy for low - emission mobility16 sets a clear ambition : by mid - century , greenhouse gas emissions from transport will need to be at least 60% lower than in 1990 and be firmly on the path towards zero . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 . _________________ 16 communication from the commission to the european parliament , the council , the european economic and social committee and the committee of the regions a european strategy for low - emission mobility 501 final ) . ### in order to meet the eu ' s commitments at the 21st conference of the parties to the united nations framework convention on climate change held in paris in 2015 , the decarbonisation of the transport sector must be accelerated and greenhouse gas emissions should also be firmly on the path towards zero - emission by mid - century . emissions of air pollutants from transport that harm our health need to be drastically reduced without delay . emissions from conventional combustion engines will need to further reduce after 2020 . zero - and low emission vehicles will need to be deployed and gain significant market share by 2030 .


### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the second year following that of the budget commitment . ### the commission shall automatically decommit any portion of a budget commitment for rural development interventions in a cap strategic plan that has not been used for the purposes of prefinancing or for making interim payments or for which no declaration of expenditure fulfilling the requirements laid down in article 30 has been presented to it in relation to expenditure effected by 31 december of the third year following that of the budget commitment .


### member states may set up an early warning system that applies to individual cases of non - compliance occurring for the first time and which , given their minor severity , extent and permanence , shall not lead to a reduction or exclusion . where a subsequent check within three consecutive calendar years establishes that the non - compliance has not been remedied , the reduction pursuant to the first subparagraph shall be applied retroactively . ### member states shall set up an early warning system that applies to individual cases of non - compliance occurring for the first time and which , given their minor severity , extent and permanence , shall not lead to a reduction or exclusion . the beneficiary shall be notified of the obligation to take remedial action . where a subsequent check within three consecutive calendar years establishes that the non - compliance has not been remedied , the reduction pursuant to the first subparagraph shall be applied retroactively .


### the performance reporting on output indicators for the purposes of the annual performance clearance referred to in article 52 and the performance reporting on result indicators for the multiannual performance monitoring referred to in article 115 of regulation … / … [ cap strategic plan regulation ] , demonstrating that article 35 of this regulation is complied with , is correct ### the reporting on output indicators for the purposes of the annual performance clearance referred to in article 52 , demonstrating that article 35 of this regulation is complied with , and the performance reporting on result indicators for the multiannual performance monitoring referred to in article 115 of regulation … / … [ cap strategic plan regulation ] are correct ;


### member states may provide mandatory training under the farm advisory system provided for in section 3 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] to the beneficiaries who have received an early warning . ### member states shall foresee specific training on conditionality under the farm advisory system provided for in section 3 of chapter 1 of title iii of regulation … / … [ cap strategic plan regulation ] to the beneficiaries who have received an early warning which can be made mandatory .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### at the beginning of each year eur 400 million in current prices shall be entered in the crisis reserve in the period 2021 - 2027 , whether or not the crisis reserve is used . the commission may adjust the amount of the crisis reserve during the year when appropriate in view of crisis developments , taking into account available assigned revenues or repayments of irregularities from agriculture in heading 2 as a first and main source .


### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . ### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . the initial amount of the agricultural reserve in 2021 shall be set up in the budget of the common agricultural policy .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the amount of the crisis reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the crisis reserve during the year when appropriate in view of crisis developments taking into account available appropriations .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the agricultural reserve shall be gradually established over the period 2021 - 2027 through an annual financial allocation of at least eur 400 million in current prices at the beginning of each year to reach a maximum of eur 1 . 5 billions . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf .


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if action plan presented by the member state is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . the commission will take into account the timeframe indicated for the execution of the action plan before any suspension procedure is taken .


### as regards the multi - annual performance monitoring the commission should also have the power to suspend payments . accordingly in cases of delayed or insufficient progress towards targets , set out in the national cap strategic plan , the commission should be empowered to request the member state concerned to take the necessary remedial actions in accordance with an action plan to be established in consultation with the commission and containing clear progress indicators , by means of an implementing act . where the member state fails to submit or to implement the action plan or where the action plan is manifestly insufficient to remedy the situation , the commission should have the power to suspend the monthly or interim payments , by means of an implementing act . ### as regards the multi - annual performance monitoring the commission should also have the power to suspend payments . accordingly in cases of delayed or insufficient progress towards targets , set out in the national cap strategic plan , and where the member state cannot provide duly justified reasons , the commission should be empowered to request the member state concerned to present an action plan to be established in consultation with the commission . the action plan shall describe the necessary remedial actions and the expected timeframe for its execution . where the member state fails to submit or to implement the action plan or where it becomes evident that the action plan is manifestly insufficient to remedy the situation , the commission should have the power to suspend the monthly or interim payments , by means of an implementing act .


### in the event of legal proceedings or of an administrative appeal having suspensory effect , the period for automatic decommitment referred to in paragraph 1 or 2 shall , in respect of the amount relating to the operations concerned , be interrupted for the duration of those proceedings or that administrative appeal , provided that the commission receives a substantiated notification from the member state by 31 january of year n + 3 . ### in the event of legal proceedings or of an administrative appeal having suspensory effect , the period for automatic decommitment referred to in paragraph 1 or 2 shall , in respect of the amount relating to the operations concerned , be interrupted for the duration of those proceedings or that administrative appeal , provided that the commission receives a substantiated notification from the member state by 31 january of year n + 4 .


### with a view to ensuring that the amounts for the financing of the cap comply with the annual ceilings , the financial discipline mechanism by which the level of direct support is adjusted , should be maintained . however , the threshold of eur 2000 should be abolished . an agricultural reserve should be maintained to support the agricultural sector in the event of market developments or major crises affecting the agricultural production or distribution . article 12 of regulation [ new financial regulation ] foresees that non - committed appropriations may be carried over to to the following financial year only . in order to significantly simplify the implementation for beneficiaries and national administrations , a roll - over mechanism should be used , using any unused amounts of the reserve for crises in the agricultural sector established in 2020 . for this purpose a derogation from article 12 is necessary , allowing for non - committed appropriations of the agricultural reserve to be carried over without time limitation to finance the agricultural reserve in the following financial year . furthermore , as regards the financial year 2020 , a second derogation is necessary as the total unused amount of the reserve available at the end of year 2020 should be carried over to the year 2021 to the corresponding line of the new agricultural reserve without being returned to the budgetary lines which cover direct payment interventions under the cap strategic plan . ### with a view to ensuring that the amounts for the financing of the cap comply with the annual ceilings , the financial discipline mechanism by which the level of direct support is adjusted , should be maintained .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may propose to adjust the amount of the annual reserve through the annual budgetary procedure or may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year , and taking into account the available appropriations under the eagf .


### a reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or in the case of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf . ### an agricultural reserve intended to provide additional support for the agricultural sector for the purpose of market management or stabilisation or to be mobilized in order to promptly and effectively respond to crisis affecting the production of crises affecting the agricultural production or distribution shall be established at the beginning of each year in the eagf .


### in 2021 : 1 % of the amount of support from the eafrd for the entire duration of the cap strategic plan ; ### in 2021 : 1 . 5 % of the amount of support from the eafrd for the entire duration of the cap strategic plan ;


### member states should send the annual accounts and an annual performance report on the implementation of the cap strategic plan to the commission by 15 february n + 1 . where these documents are not sent , thus preventing the commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs , the commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received . ### member states should send the annual accounts and an annual performance report on the implementation of the cap strategic plan to the commission by 15 february n + 1 . given the more complex nature of the result indicators and the necessary adaptation to the new delivery model , the deadline for the performance reporting on the realised results and distance to respective targets may be extended until 30 of april , at the latest . where these documents are not sent , thus preventing the commission from clearing the accounts for the concerned paying agency or checking the eligibility of the expenditure against reported outputs , the commission should be empowered to suspend the monthly payments and to interrupt the quarterly reimbursement until the outstanding documents are received .


### the annual performance report referred to in article 52 showing that the expenditure was made in accordance with article 35 ; ### the annual outputs report showing that the expenditure was made in accordance with article 35 in the light of the annual values contained in the cap strategic plan , as provided for in article 99 of the cap strategic plans regulation ; the commission may make observations on the annual outputs report within one month from its submission . where the commission does not make any observations within that deadline , the report shall be deemed to have been accepted ;


### that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the commission at 31 december of year n + 2 ; ### that part of the budget commitments for which a declaration of expenditure has been made but for which reimbursement has been reduced or suspended by the commission at 31 december of year n + 3 ;


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation or is not in line with the union ' s international agreements or with pcd , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 .


### where irregularities and other cases of non - compliance by beneficiaries with the conditions of the rural development interventions referred to in the cap strategic plan are detected , member states shall make financial adjustments by totally or partially cancelling the union financing concerned . member states shall take into consideration the nature and gravity of the non - compliance detected and the level of the financial loss to the eafrd . ### where irregularities and other cases of non - compliance by beneficiaries with the conditions of the rural development interventions referred to in the cap strategic plan or the regional intervention programmes are detected , member states shall make financial adjustments by totally or partially cancelling the union financing concerned . member states shall take into consideration the nature and gravity of the non - compliance detected and the level of the financial loss to the eafrd .


### under eafrd , an operation may receive different forms of support from the cap strategic plan and from other european structural and investments funds funds or union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in title iii of regulation no… / … . in such cases member states shall not declare expenditure to the commission for : ### under eafrd , an operation may receive different forms of support from the cap strategic plan and from other european structural and investments funds funds or union instruments only if the total cumulated aid amount granted under the different forms of support does not exceed the highest aid intensity or aid amount applicable to that type of intervention as referred to in title iii of regulation no… / … . in such cases expenditure declared in a payment application shall not be declared for either of the following :


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the amount of the crisis reserve shall be at least eur 300 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the crisis reserve during the year when appropriate in view of crisis developments taking into account available appropriations .


### the sums referred to in paragraph 1 shall be paid to the union ' s budget and , in the event of reuse , shall be used exclusively to finance eagf or eafrd expenditure . ### the sums referred to in paragraph 1 shall be paid into the budget of the union and shall be used exclusively to finance eagf or eafrd expenditure respectively and shall predominantly cover the agricultural reserve established under the eagf within the limits laid down in article 14 .


### the proper functioning of the governance systems put in place , which give the necessary guarantees concerning the outputs reported in the annual performance report , as provided for in points and of article 63 of the financial regulation , ### the proper functioning of the internal control systems put in place and of compliance with the basic union requirements , which give the necessary guarantees concerning the outputs reported in the annual performance report , as provided for in points and of article 63 of the financial regulation ,


### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay . ### the competent authority shall , by way of a formal act , decide on the issuing or , following a review , the withdrawal of the accreditation of the paying agency , the certification body and the coordinating body on the basis of an examination of the accreditation criteria to be adopted by the commission in accordance with point of article 10 . the competent authority shall inform the commission of accreditations and withdrawals of accreditations without delay .


### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should have a corresponding output regarding and should comply with the basic union requirements and the governance systems . ### involving paying agencies that have been accredited by the member states is a crucial prerequisite under the new delivery model for having reasonable assurance that the objectives and targets set out in the relevant cap strategic plans will be reached by the interventions financed by the union ' s budget . it should , therefore , be explicitly provided in this regulation that only expenditure effected by accredited paying agencies can be reimbursed from the union ' s budget . in addition , the expenditure financed by the union for the interventions referred to in the cap strategic plan regulation should have a corresponding output and should comply with the basic union requirements and the governance systems .


### interim payments shall be made for each cap strategic plan . they shall be calculated by applying the contribution rate for each type of intervention to the public expenditure effected pertaining to it as referred to in article 85 of regulation &#8230 ; / &#8230 ; [ cap strategic plan regulation ] . ### interim payments shall be made for each cap strategic plan or for each regional intervention programme , as applicable . they shall be calculated by applying the contribution rate for each type of intervention to the public expenditure effected pertaining to it as referred to in article 85 of regulation &#8230 ; / &#8230 ; [ cap strategic plan regulation ] .


### the commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found . ### the commission shall assess the amounts to be excluded on the basis of the gravity of the deficiencies found taking into account the principle of proportionality .


### the provision of information financed pursuant to point of article 7 shall aim , in particular , to help explain , implement and develop the cap and to raise public awareness of its content and objectives to reinstate consumer confidence following crises through information campaigns , to inform farmers and other parties active in rural areas and to promote the european model of agriculture , as well as to help citizens understand it . ### information financed pursuant to point of article 7 shall aim in particular to help explain , implement and develop the cap and to raise public awareness of its content and its objectives , including climate change mitigation , environmental protection , animal welfare , maintaining social structures in rural areas , as well as its global dimension , while assuming responsibility for the cap’s impact , in particular , on developing countries and to inform citizens , following crises , through impartial and objective information campaigns , to inform farmers and other parties active in rural areas , and to promote a sustainable union model of agriculture , as well as to help citizens understand it .


### where the member state fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### in the event of serious deficiencies in the functioning of the governance systems , the commission may ask the member state concerned to implement the necessary remedial actions in accordance with an action plan with clear progress indicators , to be established in consultation with the commission . the commission may adopt implementing acts laying down further rules on the elements of action plans and the procedure for setting up action plans . these implementing acts shall be adopted in accordance with the verification procedure referred to in article 101 .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### at the beginning of each year eur 400 million in current prices shall be entered in the crisis reserve in the period 2021 - 2027 , whether or not the crisis reserve is used . the commission may adjust the amount of the crisis reserve during the year when appropriate in view of crisis developments , taking into account available assigned revenues or repayments of irregularities from agriculture in heading 2 as a first and main source .


### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if that action plan is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . ### where the member states fails to submit or to implement the action plan referred to in paragraph 1 or if action plan presented by the member state is manifestly insufficient to remedy the situation , the commission may adopt implementing acts suspending the monthly payments referred to in article 19 or the interim payments referred to in article 30 . the commission will take into account the timeframe indicated for the execution of the action plan before any suspension procedure is taken .


### without prejudice to the responsibilities of the member states for the implementation and application of the integrated system , the commission may seek the assistance of specialised bodies or persons in order to facilitate the establishment , monitoring and operation of the integrated system , in particular , with a view to providing the competent authorities of the member states with technical advice . ### without prejudice to the responsibilities of the member states for the implementation and application of the integrated system , the commission shall seek the assistance of specialised bodies or persons in order to facilitate the establishment , monitoring and operation of the integrated system , in particular , with a view to providing the competent authorities of the member states with technical advice .


### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year and taking into account available appropriations under the eagf . ### the amount of the agricultural reserve shall be at least eur 400 million in current prices at the beginning of each year of the period 2021 - 2027 . the commission may propose to adjust the amount of the annual reserve through the annual budgetary procedure or may adjust the amount of the agricultural reserve during the year when appropriate in view of market developments or perspectives in the current or following year , and taking into account the available appropriations under the eagf .


### “the objective will be implemented by the making available of : — updated headline target indicators for europe 2020 on the commission website ; — statistics to support the monitoring of the implementation of europe 2020 flagship initiatives ; — additional indicators as an input for the ex - ante and ex - post evaluations of the economic , social and environmental policies of the union ; and — employment indicators distinguishing between part - time and full - time employment , as well as indicators on unemployment that take into account people in activation policies such as training . ” ### in objective 1 . 1 . 1 , the second paragraph is replaced by the following : “the objective will be implemented by : — the making available of updated headline target indicators for the europe 2020 strategy on the eurostat website ; — the inclusion , in connection with new statistical products , of the 17 goals and 169 targets under the united nations’ sustainable development goals strategy ; — the making available of additional indicators as an input for the ex - ante and ex - post evaluations of the economic , social and environmental policies of the union as part of the europe 2020 strategy in terms of growth , high - quality employment , poverty reduction and social exclusion ; — the making available of employment indicators distinguishing between part - time and full - time employment , as well as indicators on unemployment that take into account people in activation policies such as training . ”


### provide high - quality statistical information , which should be available in a timely manner for the european semester , to monitor the implementation of europe 2020 . new indicators shall , to the extent possible , be based on available statistical data . ### provide high - quality statistical information , which must be available in a timely manner , with a view to monitoring implementation of europe 2020 . new indicators shall , to the extent possible , be based on available statistical data .


### “enhance the indicators and statistical information available on economic globalisation and global value chains for union decision - makers and the public at large . ” ### in objective 1 . 3 . 1 , the first paragraph is replaced by the following : “enhance the indicators and statistical information available on economic globalisation and global value chains for eu decision - makers and the public at large . that information should make for a better understanding of the economic , social and environmental impact of globalisation . ”


### “provide statistics on key areas of social policy where the citizen is the centre of interest , such as well - being , sustainability , social cohesion , poverty , inequalities , demographic challenges , the labour market , education and training , including childhood education , adult learning , vocational training and learning mobility of young people , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the internal market , mobility of young people , technological innovation and new lifestyle choices . those statistics shall be disaggregated by gender where appropriate , for groups that are of special interest to social policy makers . priorities shall be set in accordance with article 6 . ” ### the first paragraph is replaced by the following : “provide statistics on the main areas of social policy where the citizen is the centre of interest , such as well - being , sustainability , social cohesion , poverty , inequalities , demographic challenges , the labour market , education and training , including education for children , adult education , vocational training and learning , culture , physical activity , quality of life , safety , health , disability , consumption , free movement and the internal market , mobility of young people , technological innovation and new lifestyle choices . those statistics shall be disaggregated by gender , where appropriate , for groups that are of special interest to social policy makers . priorities shall be set in accordance with article 6 . ”


### “— developing and producing a set of indicators to measure competitiveness ; and” ### in objective 1 . 2 . 1 , second paragraph , the third indent is replaced by the following : “— developing and producing a set of indicators to measure competitiveness and take account of its impact on employment rate , working conditions and pay , providing statistical input for an enhanced stability and growth pact specifically aimed at the production and provision of high - quality statistics on government deficit and debt , and developing indicators to assess the types of investment carried out and the quality thereof in terms of sustainability and impact on growth . ”


### “— reinforcement of links with national accounts in the areas of social protection , health and education” ### “— reinforcement of links with national accounts in the areas of health , education and social protection , including housing , access to services and social inclusion ; — development of a plan for measuring economic output beyond the sole criterion of gdp . ”


### “increase the efficiency and effectiveness of statistical production processes . considering the fact that the lisbon treaty has called for better regulation , a streamlining of the legislation related to the pillar of business statistics is needed . in so doing , due consideration should be given to the limitations of the resources available to producers and the overall burden on respondents in line with the commission regulatory fitness and performance programme . provide high - quality statistics on key areas where enterprises are the centre of interest , such as business statistics , short - term indicators , their investment in human capital and skills , international transactions , globalisation , internal market monitoring , r&d and innovation , and tourism . special attention should be paid to the availability of data in high value - added industrial or services sectors , in particular in the green , digital or social economy . “ ### “increase the efficiency and effectiveness of statistical production processes . provide high - quality statistics on key areas where enterprises are the centre of interest , such as business statistics , short - term indicators , their investment in human capital , in - service training and skills , international transactions , globalisation , internal market monitoring , r&d and innovation , and tourism . special attention should be paid to the availability of data in high value - added industrial or services sectors , in particular in the green , digital or social economy . “


### the growing areas are of high ecological status as defined by directive&#160 ; 2000 / 60 / ec75 , and are not unsuitable from a health point of view ; __________________ 75 directive 2006 / 113 / ec of the european parliament and of the council of 12 december 2006 on the quality required of shellfish waters . ### the growing areas are of high ecological status as defined by directive&#160 ; 2000 / 60 / ec75 , or have a quality equivalent to the production zones classed as a and b in regulation no&#160 ; 854 / 200476 and are not unsuitable from a health point of view ; __________________ 75 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for the community action in the field of water policy . 76 regulation of the european parliament and of the council of 29 april 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption .


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area , including pasture and / or woodland , for at least half of their life , and permanently from when they are fully feathered . open air areas for poultry shall be mainly covered with annual or perennial vegetation , and shall be provided with protective facilities allowing animals to hide and to scratch around , and shall permit fowl to have easy access to adequate numbers of drinking troughs ;


### ‘ group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### ‘ group of operators’ means a group of small operators in which each operator is a farmer who has a holding whose surface area places it in the lower third by area of the holdings in its country of origin and / or whose agricultural turnover places it in the lower third by turnover of the holdings in its country of origin and within which the activities of the operators concerned may include , in addition to producing food or feed , the processing , preparation or marketing of food or feed .


### 100 days for female turkeys . ### 98 days for female turkeys intended for cutting ,


### 4 . 2 . use of plant reproductive material not obtained from organic production plant reproductive material not obtained from organic production may be used only when it comes from a production unit in conversion to organic production or where it is justified for use in research , test in small - scale field trials or for genetic resources conservation purposes agreed by the competent authority of the member state . ### 4 . 2 . use of seeds or plant reproductive material not obtained from organic production seeds or plant reproductive material not obtained from organic production may be used only if authorised by the commission in accordance with article 17 and if one of the following conditions is fulfilled : – organic material is not available , as confirmed by the competent authority ; – its use is considered necessary for the regional conservation of biodiversity or a sufficiently wide genetic pool ; – it comes from a production unit which is in the course of conversion to organic production ; or – its use is justified for research or testing in small - scale field trials .


### processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic . however , special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically , as is the case for products of hunting and fishing . moreover , for the purposes of consumer information and transparency in the market , and to encourage the use of organic ingredients , it should also be made possible to refer to organic production in the ingredients list under certain conditions . ### processed food should be labelled as organic only where all or almost all the ingredients of agricultural origin are organic . however , special labelling provisions should be laid down for processed foods which include agricultural ingredients that cannot be obtained organically , as is the case for products of hunting and fishing . moreover , for the purposes of consumer information and transparency in the market , and to encourage the use of organic ingredients , it should also be made possible to refer to organic production in the ingredients list under certain conditions , and to the origin of organic products .


### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv , their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union and in any language listed in that annex for the labelling and advertising of products which comply with this regulation . ### for the purposes of this regulation , a product shall be regarded as bearing terms referring to organic production where , in the labelling , advertising material or commercial documents , such a product , its ingredients or feed materials are described in terms suggesting to the purchaser that the product , its ingredients or feed materials have been obtained in accordance with this regulation . in particular , the terms listed in annex iv or their equivalents in other languages that , while not being official languages of the union , their status is officially recognised by the constitution of a member state ; their derivatives or diminutives , such as ' bio ' and ' eco ' , alone or combined , may be used throughout the union [ and in any language listed in that annex ] for the labelling and advertising of products referred to in article 2 which comply with this regulation .


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy , and insufficient implementation of existing rules and controls at union level , can jeopardise public confidence and lead to market failure . therefore , the sustainable development of organic production in the union should be based on sound production rules and harmonised implementation at national and union levels . past experience has revealed major deficiencies in controls at union level . it is therefore important to improve data collection , communication , monitoring and coordination of the implementation of the applicable rules in all member states and at union level . for this purpose , a eu organic agency should be established .


### each member state shall ensure that a computerised database is established for listing the varieties and heterogeneous material , according to regulation no xx / xxx for which plant reproductive material obtained by the organic production method is available on its territory . ### each member state shall ensure that an indicative computerised database is established for listing the varieties and heterogeneous material for which plant reproductive material obtained by the organic production method is available on its territory . by way of derogation from the directives on plant reproductive material 1 a , the use of heterogeneous material such as landraces or population varieties and open pollinated varieties , i . e . prm which has not been obtained by controlled pollination or by the hybridisation of inbred lines , shall be permitted for organic farming , provided that such material has been obtained by the organic production method . __________________ directive 66 / 401 / eec on the marketing of fodder plant seed - directive 66 / 402 / eec on the marketing of cereal seed - directive 2002 / 53 / ec on the common catalogue of varieties of agricultural plant species - directive 2002 / 54 / ec on the marketing of beet seed - directive 2002 / 55 / ec on the marketing of vegetable seed - directive 2002 / 56 / ec on the marketing of seed potatoes - directive 2002 / 57 / ec on the marketing of seed of oil and fibre plants - directive 2008 / 72 / ec on the marketing of vegetable propagating and planting material , other than seed - directive 68 / 193 / eec on the marketing of material for the vegetative propagation of the vine - directive 98 / 56 / ec on the marketing of propagating material of ornamental plants - directive 92 / 33 / eec on the marketing of vegetable propagating and planting material , other than seed - directive 2008 / 90 / ec on the marketing of fruit plant propagating material and fruit plants intended for fruit production - directive 1999 / 105 / ec on the marketing of forest reproductive material


### poultry shall have access to an open air area for at least one third of their life . in particular , continuous daytime open air access shall be provided from as early an age as practically possible , whenever physiological and physical conditions allow , except in the case of temporary restrictions imposed on the basis of union legislation ; ### laying hens and finisher poultry shall have access to an open air area for at least one third of their life , except in the case of temporary restrictions imposed on the basis of union legislation ;


### concerning soil management and fertilisation , conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners . ### concerning soil management and fertilisation , conditions should be laid down for the use of cultivation practices allowed in organic plant production and for the use of fertilisers and conditioners . member states should , in this respect , encourage producers in organic farming areas to form groups in order to reduce the risk of contamination by substances used in conventional farming .


### in order to ensure the traceability of the imported products intended to be placed on the market within the union as organic , the commission shall be empowered to adopt delegated acts in accordance with article 36 concerning documents , issued in electronic form wherever possible , that are necessary for the purposes of import . ### the traceability of the imported products intended to be placed on the market within the union as organic and their conformity to this regulation must be assured . through this implementing act the commission establishes specific rules for the content of the certificates referred to in paragraph 1 and the procedure to be followed for their establishment and control , in particular concerning the role of the competent authorities , control authorities and control bodies , and the possibility of taking regional differences into account in balancing ecological , climate and local conditions , as well as practical conditions regarding specific production matters . these implementing acts are adopted in accordance with the examination procedure referred to in article 37 .


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore , the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in this respect , a european monitoring office should be set up to enforce production rules and ensure product traceability so as to meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation .


### 7 . 6 . tethering or isolation of livestock shall be prohibited , unless for individual animals for a limited period of time , and in so far as this is justified for veterinary reasons . competent authorities may authorise cattle in micro - enterprises to be tethered if it is not possible to keep the cattle in groups appropriate to their behaviour requirements provided they have access to pastures during the grazing period , and at least twice a week access to open air areas when grazing is not possible . ### 7 . 6 . tethering or isolation of livestock shall be prohibited , unless for individual animals for a limited period of time , and in so far as this is justified for veterinary reasons . isolation of livestock may be authorised , for a limited period , only for the safety of workers and the welfare of the animals . competent authorities may authorise tethering by farms with less than 50 animals if it is not possible to keep the cattle in groups appropriate to their behaviour requirements provided they have access to pastures during the grazing period , and at least twice a week access to open air areas when grazing is not possible climatic conditions and the state of the ground should be taken into consideration and the tethering arrangements should not restrict the natural movements of the animal .


### – sea salt , ### – salt ,


### the indication ‘ eu’ or ‘ non - eu’ may be replaced or supplemented by the name of a country if all agricultural raw materials of which the product is composed have been farmed in that country . ### the indication ‘ eu’ or ‘ non - eu’ may be supplemented by the name of a country or region if all agricultural raw materials of which the product is composed have been farmed in that country or region .


### ‘ group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### group of operators means a group run exclusively by farmers , each of whom may , in addition to producing food or feed , be engaged in processing of food or feed , and whose holdings are close to one another and produce the same product ;


### the commission should consider the situation of the availability of organic plant reproductive material and animals for breeding purposes and present a report to this end to the european parliament and the council in 2021 . ### in order to ensure that organic plant reproductive material , feed , and animals raised for breeding purposes are available on the market in sufficient quantities , and before submitting any proposals for the phasing - out of exceptions , the commission should carry out a study based on data collection and on analysis of the situation in the member states . on the basis of that study , the commission should by the end of 2018 present a report to the european parliament and the council identifying the reasons for the insufficient development and lack of organic plant reproductive material , feed and animals for organic breeding and outlining a plan for closing these gaps and possible measures , including support measures to stimulate the market for those products .


### organic production is only credible if accompanied by effective verification and controls at all stages of production , processing and distribution . organic production should be subject to official controls or other official activities carried out in accordance with regulation no of the european parliament and of the council33 to verify compliance with the rules on organic production and labelling of organic products . __________________ 33 regulation no xx / xxx of the european parliament and of the council of [ … ] on official controls and other official activities performed to ensure the application of food and feed law , rules on animal health and welfare , plant health , plant reproductive material , plant protection products and amending regulations no 999 / 2001 , 1829 / 2003 , 1831 / 2003 , 1 / 2005 , 396 / 2005 , 834 / 2007 , 1099 / 2009 , 1069 / 2009 , 1107 / 2009 , regulations no 1151 / 2012 , [ … . ] / 2013 [ office of publications , please insert number of regulation laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material ] , and directives 98 / 58 / ec , 1999 / 74 / ec , 2007 / 43 / ec , 2008 / 119 / ec , 2008 / 120 / ec and 2009 / 128 / ec . ### organic production is only credible if accompanied by effective verification and controls at all stages of production , processing and distribution . organic production should be subject to official controls or other official activities carried out in accordance with regulation no of the european parliament and of the council33 to verify compliance with the rules on organic production and labelling of organic products . nevertheless , the official checks to verify the authenticity of organic production and compliance with the rules should not serve needlessly to increase bureaucracy and administrative burdens , either for the control bodies or for organic producers . __________________ 33 regulation no xx / xxx of the european parliament and of the council of [ … ] on official controls and other official activities performed to ensure the application of food and feed law , rules on animal health and welfare , plant health , plant reproductive material , plant protection products and amending regulations no 999 / 2001 , 1829 / 2003 , 1831 / 2003 , 1 / 2005 , 396 / 2005 , 834 / 2007 , 1099 / 2009 , 1069 / 2009 , 1107 / 2009 , regulations no 1151 / 2012 , [ … . ] / 2013 [ office of publications , please insert number of regulation laying down provisions for the management of expenditure relating to the food chain , animal health and animal welfare , and relating to plant health and plant reproductive material ] , and directives 98 / 58 / ec , 1999 / 74 / ec , 2007 / 43 / ec , 2008 / 119 / ec , 2008 / 120 / ec and 2009 / 128 / ec .


### plant reproductive material not obtained from organic production may be used only when it comes from a production unit in conversion to organic production or where it is justified for use in research , test in small - scale field trials or for genetic resources conservation purposes agreed by the competent authority of the member state ### 4 . 2 . 1 in order to ensure access to seeds and plant multiplication material , where these inputs are not available : seeds and plant reproductive material from a production unit in conversion to organic production may be used ; where point a ) does not apply , member states may authorise the use of non - organic seeds or plant reproduction material if organic seeds or plant reproduction material are not available . however , paragraph to below shall apply for the purpose of using non - organic potato seeds and plants . 1 . 4 . 2 . 2 the use of non - organic potato seeds and plants is authorised provided the potato seeds and plants in question have not been treated with plant protection products other than those allowed for seed treatment in accordance with article 19 paragraph 1 , unless the chemical treatment is prescribed on grounds of plant health by the competent authority of the member state , in compliance with directive 2000 / 29 / ec of the council , for all varieties of a given species in the area where the potato seeds or plants need to be used . 1 . 4 . 2 . 3 member states can delegate responsibility for granting the authorisation referred to in paragraph 1 . 4 . 2 . 1 , point b ) , to other public administrations under their supervision or to the control authorities or bodies referred to in article 3 paragraphs and . 1 . 4 . 2 . 4 authorisation to use potato seeds or plants not obtained using organic production methods can only be granted in the following cases : where no variety of the species that the user wishes to obtain is listed in the database ; where no supplier , namely an operator selling potato seeds or plants to other operators , is in a position to deliver potato seeds or plants before sowing or planting , when the user has ordered them in good time ; where the variety the user wishes to obtain is not listed in the database and the user can show that none of the listed varieties of the same species is appropriate and therefore authorisation is important for its production ; d ) where authorisation is justified for use in research , tests in small - scale field trials or for genetic resources for variety conservation purposes agreed by the competent authority of the member state . 1 . 4 . 2 . 5 authorisation shall be granted before sowing . 1 . 4 . 2 . 6 authorisation can only be granted individually for one season at a time and the authority or body responsible for authorisations shall list the quantities of authorised potato seeds or plants . 1 . 4 . 2 . 7 by way of derogation to paragraph 1 . 4 . 2 . 6 , the competent authority of the member state may grant a general authorisation to all users : for given species where and insofar as the condition provided for in paragraph 1 . 4 . 2 . 4 . point a ) is met ; for a particular variety where and insofar as the conditions provided for in paragraph 1 . 4 . 2 . 4 , point c ) , are met . the authorisations referred to in the first paragraph are clearly set out in the database mentioned in article 48 . 1 . 4 . 2 . 8 authorisation can only be granted at times when the database is updated by each member state . 1 . 4 . 2 . 9 in order to improve the use of organic seed within the union , each member state shall publish on the database website a national list of seeds and plants that can only be used in organic form . this list must specify the species and varieties of each of the seeds and plants only usable in organic form .


### the observance of high health , environmental and animal welfare standards in the production of organic products is intrinsic to the high quality of those products . as underlined in the communication from the commission to the european parliament and to the council , the european economic and social committee and the committee of the regions on agricultural product quality policy11 , organic production forms part of the union ' s agricultural product quality schemes together with geographical indications , traditional specialties guaranteed and products of the outermost regions of the union , as laid down in regulation no 1151 / 2012 of the european parliament and of the council12 and regulation no 228 / 2013 of the european parliament and of the council13 , respectively . in this sense , organic production pursues the same objectives within the common agricultural policy which are inherent to all the agricultural product quality schemes of the union . __________________ 11 com 234 final . 12 regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs . 13 regulation no 228 / 2013 of the european parliament and of the council of 13 march 2013 laying down specific measures for agriculture in the outermost regions of the union and repealing council regulation no 247 / 2006 . ### the observance of high health , environmental and animal welfare standards in the production of organic products is intrinsic to the high quality of those products . as underlined in the communication from the commission to the european parliament and to the council , the european economic and social committee and the committee of the regions on agricultural product quality policy , organic production forms part of the union ' s agricultural product quality schemes together with geographical indications , traditional specialties guaranteed and products of mountain regions and of the outermost regions of the union , as laid down in regulation no 1151 / 2012 of the european parliament and of the council and regulation no 228 / 2013 of the european parliament and of the council , respectively . in this sense , organic production pursues the same objectives within the common agricultural policy which are inherent to all the agricultural product quality schemes of the union . __________________ 11 com 234 final . 12 regulation no 1151 / 2012 of the european parliament and of the council of 21 november 2012 on quality schemes for agricultural products and foodstuffs . 13 regulation no 228 / 2013 of the european parliament and of the council of 13 march 2013 laying down specific measures for agriculture in the outermost regions of the union and repealing council regulation no 247 / 2006 .


### as livestock production naturally involves the management of agricultural land , where the manure is used to nourish crop production , landless livestock production should be prohibited . the choice of breeds should take account of their capacity to adapt to local conditions , their vitality and their resistance to disease , and a wide biological diversity should be encouraged . ### as livestock production naturally involves the management of agricultural land , where the manure is used to nourish crop production , landless livestock production should be prohibited . the choice of breeds should take account of their capacity to adapt to local conditions , their vitality and their resistance to disease , and a wide biological diversity should be encouraged , provided that this is not at the expense of indigenous and local breeds and species , the keeping of which should be supported .


### to ensure that a wide gene - pool is maintained , the collection of juvenile seaweed in the wild shall take place on a regular basis to supplement indoor culture stock ; ### to ensure that a wide gene - pool is maintained , the collection of seaweed in the wild shall take place on a regular basis to maintain and increase the diversity of indoor culture stock ;


### ‘ group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### ‘ group of operators’ means a group of small operators in which each operator is a farmer who has a holding whose surface area places it in the lower third by area of the holdings in its country of origin and / or whose agricultural turnover places it in the lower third by turnover of the holdings in its country of origin and within which the activities of the operators concerned may include , in addition to producing food or feed , the processing , preparation or marketing of food or feed .


### mutilations which lead to stress , harm , disease or suffering of animals should be prohibited . ### all mutilations which lead to stress , harm , disease or suffering of animals should be prohibited . attaching elastic bands to the tails of sheep and tail - docking may be authorised by the competent authority for reasons of safety or animal and human health or if they are intended to improve the health , welfare or hygiene of the livestock . dehorning of young mammals should be approved only if adequate anaesthesia and analgesia are applied .


### 100 days for female turkeys . ### 98 days for female turkeys intended for cutting and 126 days for male turkeys intended for cutting .


### in house stocking rate for mobile houses with a floor area of not more than 150 m2 farm size limits ### 16 with a maximum of 30 kg liveweight / m2 a maximum of 1 flock per poultry house and a maximum of 4 buildings per production unit .


### open air areas for poultry shall be mainly covered with vegetation composed of a diverse range of plants and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs . the vegetation on the open - air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses . the open air areas shall not extend beyond a radius of 150 m from the nearest pop - hole of the poultry house . however an extension of up to 350 m from the nearest pop - hole of the poultry house is permissible provided that a sufficient number of shelters and drinking troughs are evenly distributed throughout the whole open - air area with at least four shelters per hectare ; ### open air areas for poultry shall be mainly covered with vegetation . the vegetation on the open - air area must be harvested and removed at regular intervals to reduce the potential for nutrient surpluses . the open air areas shall not extend beyond a radius of 150 m from the nearest pop - hole of the poultry house . however an extension of up to 350 m from the nearest pop - hole of the poultry house is permissible provided that a sufficient number of shelters or shrubs / foliage are evenly distributed throughout the whole open - air area with at least four shelters or groves per hectare ;


### 7 . 8 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 7 . 8 . any avoidable suffering shall be prevented during the entire life of the animal , including at the time of slaughter .


### 7 . 9 . mutilation of animals shall be prohibited . ### 7 . 9 . all mutilation of animals shall be prohibited , with the exception of dehorning , in cases where it can be motivated by animal welfare and work safety concerns .


### where the organic production logo of the european union is used , an indication of the place where the agricultural raw materials of which the product is composed have been farmed shall also appear in the same visual field as the logo and shall take one of the following forms , as appropriate : ### with the exception of products from the wine sector referred to in article 1 of regulation no 1308 / 2013 establishing a common organisation of the markets in agricultural products , where the organic production logo of the european union is used , an indication of the place where the agricultural raw materials of which the product is composed have been farmed shall also appear in the same visual field as the logo and shall take one of the following forms , as appropriate :


### exclude the use of gmos and products produced from or by gmos with the exception of veterinary medicinal products ; ### exclude the use of gmos and products produced from or by gmos with the exception of veterinary medicinal products , which must themselves always be indicated as containing gmos when this is the case ;


### for the purposes of paragraph 1 , with regard to gmos or products produced from or by gmos for food and feed , operators may rely on the labels of a product or any other accompanying document , affixed or provided pursuant to directive 2001 / 18 / ec , regulation no 1829 / 2003 of the european parliament and of the council48 or regulation no 1830 / 2003 of the european parliament and of the council49 . __________________ 49 regulation 1830 / 2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001 / 18 / ec . ### any reference to or use of the term ‘ organic’ or ‘ bio’ on contaminated food shall also be prohibited , even if such contamination was due to the adventitious or technically unavoidable presence of genetically modified material and occurred during seed production , cultivation , harvest , transport or processing . __________________


### poultry shall either be reared until they reach a minimum age or else shall come from slow - growing poultry strains as defined by the competent authority . where slow - growing poultry strains are not used by the farmer the minimum age at slaughter shall be as follows : ### poultry for meat production must be derived from slow - growing poultry stains adapted for outdoor rearing , namely with an average daily gain of 35 g / day as chicks . member states may define stricter criteria for slow growth .


### inputs from organic production ; ### inputs from organic production , and , in the case of plant reproductive material , priority should be given to varieties selected for the specific needs and objectives of organic farming where available ;


### – algae , including seaweed ; ### – algae , including seaweed and lithothamnium ;


### 7 . 8 . any suffering shall be kept to a minimum during the entire life of the animal , including at the time of slaughter . ### 7 . 8 . any avoidable suffering shall be prevented throughout the entire life of the animal , including at the time of transport and slaughter .


### only organic feed materials of animal origin as well as feed materials and feed additives authorised for use in organic production pursuant to article 19 may be used in the processing of organic feed and in the feeding of organic animals . ### only organic feed materials of plant or animal origin , animal feed materials derived from invertebrates and fermented products of organic origin as well as feed additives authorised for use in organic production pursuant to article 19 may be used in the processing of organic feed and in the feeding of organic animals . non - organic protein animal feeds may be used provided : that they are not available in organic form ; that they are produced or prepared without chemical solvents ; and that their use is limited to piglets weighing less than 35kg and to poultry and to specific protein compounds . this is an exception to the rules on production linked to the unavailability of organic agricultural input products in accordance with article 17 2 . b . when farmers are unable to obtain entirely organic pig and poultry protein feeds , the maximum percentage of non - organic protein feed permitted over a 12 month period for these species shall not exceed 5 % and shall be reduced in relation to the availability of organic protein feeds . non - organic spices , herbs and molasses may be used provided : that they are not available in organic form ; that they are produced or prepared without chemical solvents ; and that their use is limited to 1 % of the ration for a species , calculated annually as a percentage of dry animal feed of agricultural origin . this is an exception to the rules on production linked to the unavailability of organic agricultural input products in accordance with article 17 2 . b . , when farmers are unable to obtain fully entirely organic spices , herbs and molasses . the percentage shall be reduced in relation to the availability of organic spices , herbs and molasses . products derived from sustainable fishing may be used , provided : that they are produced or prepared without chemical solvents ; that their use is restricted to non - herbivores ; and that the use of fish protein hydrolysates is restricted to young animals . this is an exception to the rules on production linked to the unavailability of organic agricultural input products in accordance with article 17 2 . b . , when farmers are unable to obtain products derived exclusively from sustainable fishing and organic fish production . the percentage shall be reduced in relation to the availability of products derived from organic fish production .


### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound production rules which are harmonised at union level . in addition , those production rules should meet operators ' and consumers ' expectations regarding the quality of organic products and the compliance with the principles and rules laid down in this regulation . ### research projects have demonstrated that consumer confidence is crucial in the market for organic food . in the long run , rules that are not trustworthy can jeopardise public confidence and lead to market failure . therefore the sustainable development of organic production in the union should be based on sound and transparent production rules which are harmonised at union level with due regard to the varying geographic and climate conditions within the union . in addition , those production rules should meet operators ' and consumers ' expectations regarding the safety and quality of organic products and compliance with the principles and rules laid down in this regulation .


### because of the local nature of mass catering operations , measures taken by member states and private schemes in this area are considered adequate to ensure the functioning of the single market . therefore , food prepared by mass caterers on their premises should not be subject to this regulation . equally , products of hunting and fishing of wild animals should not be covered by this regulation since the production process cannot be fully controlled . ### food prepared by mass caterers on their premises should be subject to this regulation . products of hunting and fishing of wild animals should not be covered by this regulation since the production process cannot be fully controlled .


### the maximum number of animals per hectare shall respect the following limits : ### the maximum number of animals per hectare shall respect the following limits or be calculated on the basis of corresponding national provisions adopted pursuant to the implementation of directive 91 / 676 / eec :


### poultry shall have access to an open air area for at least one third of their life . open air areas for poultry shall be mainly covered with vegetation and be provided with protective facilities and permit fowl to have easy access to adequate numbers of drinking troughs ; ### poultry shall have access to an open air area , including pasture and / or woodland , for at least half of their life , and permanently from when they are fully feathered . open air areas for poultry shall be mainly covered with annual or perennial vegetation , and shall be provided with protective facilities allowing animals to hide and to scratch around , and shall permit fowl to have easy access to adequate numbers of drinking troughs ;


### 7 . 9 mutilation of animals shall be prohibited . ### 7 . 9 operations such as attaching elastic bands to the tails of sheep , tail - docking , cutting of teeth , trimming of beaks and dehorning must not be carried out systematically in organic farming . however , the competent authority may authorise these operations case by case for safety reasons , or if necessary to improve the health , well - being or hygiene of the livestock .


### the commission should consider the situation of the availability of organic plant reproductive material and animals for breeding purposes and present a report to this end to the european parliament and the council in 2021 . ### in order to ensure that organic plant reproductive material , feed , and animals raised for breeding purposes are available on the market in sufficient quantities , and before submitting any proposals for the phasing - out of exceptions , the commission should carry out a study based on data collection and on analysis of the situation in the member states . on the basis of that study , the commission should by the end of 2018 present a report to the european parliament and the council identifying the reasons for the insufficient development and lack of organic plant reproductive material , feed and animals for organic breeding and outlining a plan for closing these gaps and possible measures , including support measures to stimulate the market for those products .


### ‘ group of operators’ means a group in which each operator is a farmer who has a holding of up to 5 hectares of utilised agricultural area and who may , in addition to producing food or feed , be engaged in processing of food or feed ; ### group of operators means a group of operators which has legal personality and is empowered to market its members ' products . the products covered by the certification issued to the group are marketed by the group leader , who is the certification holder and has responsibility for ensuring compliance with this regulation .