### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### the providers of publicly available directories shall obtain prior consent of end - users who are natural persons to include their personal data in the directory to organize personal data per categories , to the extent that such data are relevant for the purpose of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data or to withdraw their consent at any time .


### without prejudice to paragraph 1 , where technically possible and feasible , for the purposes of point of article 8 , consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet . ### where technically possible and feasible , in particular for the purposes of point of article 8 , consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet or by continuing to use an information society service , having received clear and complete information ensuring that the end - user has given consent .


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may only use these electronic contact details for direct marketing of its own similar products or services and only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent , or where the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in article 23 to of regulation 2016 / 679 or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the fundamental rights and freedoms in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard the general public interests referred to in article 23 to of regulation 2016 / 679 .


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### the end - user concerned has given his or her prior consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous .


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### if all end - users concerned have given their prior consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , these electronic contact details may be used for direct marketing of similar products or services if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### it is necessary to achieve the transmission of the communication , for the duration necessary for that purpose ; or ### it is necessary to achieve the transmission of the communication , for the duration necessary for that purpose and the data is stored in a binary format ; or


### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or ### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their prior consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or


### unduly compelling a government or international organisation to perform or abstain from performing any act , ### using violence or the threat of violence to compel or seek to compel a government or international organisation to perform or abstain from performing any act ,


### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles . ### this directive is without prejudice to fundamental rights and fundamental legal principles as enshrined in article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles .


### the commission shall , by [ 24 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . ### the commission shall , by [ 24 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive and of the effectiveness of the actions that member state have taken in terms of achieving the objective of this directive . on the basis of this evaluation , the commission shall decide on the appropriate follow - up ;


### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that any person providing or collecting funds , by any means , directly or indirectly , with the intention that they be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 is punishable as a criminal offence when committed intentionally .


### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 8 , with the exception of article 3 , and 12 to 14 is punishable as a criminal offence when committed intentionally , and where this manifestly causes a clear and imminent danger that one or more such offences may be committed .


### for an offence referred to in article 4 and title iii to be punishable , it shall not be necessary that a terrorist offence be actually committed , nor shall it be necessary to establish a link to a specific terrorist offence or , insofar as the offences in articles 9 to 11 are concerned , to specific offences related to terrorist activities . ### for an offence referred to in article 4 to be punishable , it shall not be necessary that a terrorist offence be actually committed .


### member states shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in article 3 and article 4 is punishable as a criminal offence when committed intentionally .


### member states shall take the necessary measures to ensure that to receive instruction , from another person in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or in other specific methods or techniques , for the purpose of committing of or contributing to the commission of one of the offences listed in points to of article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that to wilfully receive instruction , from another person , including on obtaining knowledge or practical skills , in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or in other specific methods or techniques , with the intent to commit or to contribute to the commission of one of the offences listed in points to of article 3 is punishable as a criminal offence


### member states shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in article 3 and article 4 is punishable as a criminal offence when committed intentionally .


### the implementation of the criminalisation under this directive should be proportional to the nature and circumstances of the offence , with respect to the legitimate aims pursued and to their necessity in a democratic society , and should exclude any form of arbitrariness or discrimination . ### the implementation of the criminalisation under this directive should be proportional to the nature and circumstances of the offence and of each case , with respect to the legitimate aims pursued and to their necessity in a democratic society , and should exclude any form of arbitrariness or discrimination .


### ' trade secret ' means information which meets all of the following requirements : ### ' trade secret ' means undisclosed know - how and business information which meets all of the following requirements :


### in order to facilitate the uniform application of the measures for the protection of trade secrets , it is appropriate to provide for systems of cooperation and the exchange of information as between member states , on the one hand , and between the member states and the commission on the other , in particular by creating a network of correspondents designated by member states . in addition , in order to review whether these measures fulfil their intended objective , the commission , assisted , as appropriate , by the european observatory on the infringements of intellectual property rights , should examine the application of this directive and the effectiveness of the national measures taken . ### in order to facilitate the uniform application of the measures for the protection of trade secrets , it is appropriate to provide for systems of cooperation and the exchange of information as between member states , on the one hand , and between the member states and the commission on the other , in particular by creating a network of correspondents designated by member states . in addition , in order to review whether these measures fulfil their intended objective , the commission should examine the application of this directive and the effectiveness of the national measures taken .


### exercise of the right of workers representatives to information and consultation in accordance with union and national law and / or practices ; ### exercise of the right of workers or workers representatives to information and consultation in accordance with union and national law and / or practices ;


### the conscious and deliberate production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret . ### the production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret when the person carrying out such activities knew , or should , under the circumstances , have known that the trade secret was used unlawfully within the meaning of paragraph 3 .


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within not more than three years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### by xx xx 20xx [ four years after the end of the transposition period ] , the commission shall draw up an intermediate report on the application of this directive and submit it to the european parliament and the council . this report shall take due account of the report prepared by the european observatory on infringements of intellectual property rights . ### by xx xx 20xx [ four years after the end of the transposition period ] , the commission shall draw up an intermediate report on the application of this directive and submit it to the european parliament and the council . this report shall take due account of the report on the litigation trends and shall evaluate the impact of this directive in particular on the levels of open innovation , collaborative research and labour mobility .


### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by : ### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally by :


### unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret . ### unlawful acquisition , use or disclosure of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret .


### for making legitimate use of the right to freedom of expression and information ; ### for making legitimate use of the right to freedom of expression and information as reflected in article 11 of the charter of fundamental rights of the european union ;


### is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secret ; ### is in breach of a confidentiality agreement or any other duty to limit the use or disclosure of the trade secret ;


### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ; ### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret ;


### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ; ### unauthorised access to , copy or appropriation of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ;


### is in breach of a contractual or any other duty to limit the use of the trade secret . ### is in breach of a contractual or any other duty to limit the use or disclosure of the trade secret .


### in line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation without jeopardising other objectives and principles of public interest . in this respect , the measures and remedies ensure that competent judicial authorities account for the value of a trade secret , the seriousness of the conduct resulting in the unlawful acquisition , use or disclosure of the trade secret as well as the impact of such conduct . it should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation , as well as the interests of third parties including , where appropriate , consumers . ### in line with the principle of proportionality the measures and remedies intended to protect trade secrets should be tailored to meet the objective of a smooth functioning internal market for research and innovation , in particular by having a deterrent effect against the unlawful acquisition , use and disclosure of a trade secret , without jeopardising other objectives and principles of public interest . in this respect , the measures and remedies ensure that competent judicial authorities account for the value of a trade secret , the seriousness of the conduct resulting in the unlawful acquisition , use or disclosure of the trade secret as well as the impact of such conduct . it should also be ensured that the competent judicial authorities are provided with the discretion to weigh up the interests of the parties to the litigation , as well as the interests of third parties including , where appropriate , consumers .


### avoids the creation of barriers to legitimate trade in the internal market . ### avoids the creation of barriers to legitimate trade , competition and worker ' s mobility in the internal market ;


### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account all relevant aspects of the case , such as the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information .


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### when the competent authorities limit the duration of the measure referred to in point of article 11 , such duration shall be sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret . ### member states shall ensure that the competent authorities limit the length of duration of the measure referred to in point of article 11 , accordingly , so as to ensure that it is sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret and that it avoids the creation of unjustified obstacles to fair competition , innovation and labour mobility .


### by xx xx 20xx [ three years after the end of the transposition period ] , the european union trade marks and designs agency , in the context of the activities of the european observatory on infringements of intellectual property rights , shall prepare an initial report on the litigation trends regarding the unlawful acquisition , use or disclosure of trade secrets pursuant to the application of this directive . ### by xx xx 20xx [ three years after the end of the transposition period ] , the european commission shall prepare an initial report on the litigation trends regarding the unlawful acquisition , use or disclosure of trade secrets pursuant to the application of this directive .


### the measures adopted to protect trade secrets against their unlawful acquisition , disclosure and use should not affect the application of any other relevant law in other areas including intellectual property rights , privacy , access to documents and the law of contract . however , where the scope of application of directive 2004 / 48 / ec of the european parliament and of the council8 and the scope of this directive overlap , this directive takes precedence as lex specialis . __________________ 8 directive 2004 / 48 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights . ### deleted


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that the matter involved qualifies as a trade secret , that the applicant is the trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent .


### ‘ infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ‘ unlawful goods or services’ means goods placed on the market whose form quality , characteristics , manufacturing process or marketing have benefitted from trade secrets unlawfully acquired , used or disclosed .


### for the same reason , it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret . for prohibitory measures to be effective , their duration , when circumstances require a limitation in time , should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition , use or disclosure of the trade secret . in any event , no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent . ### for the same reason , it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret . for prohibitory measures to be effective , their duration should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition , use or disclosure of the trade secret and should be limited in time to avoid the creation of unjustified barriers to competition in the internal market . in any event , no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent .


### legitimate use of the right to freedom of expression and information ; ; ### use of the right to media freedom , freedom of expression and of information ;


### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ; ### unauthorised access to , copy or appropriation of any trade secret , whether in the form of documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ;


### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the actual prejudice suffered . ### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages appropriate to the actual prejudice suffered as a result of the infringement . in accordance with their national law and practice , member states may restrict the liability for damages of employees towards their employers for the unlawful acquisition , use or disclosure of a trade secret of the employer when they act without intent .


### the person concerned originally acquired knowledge of the trade secret in good faith and fulfils the conditions of article 3 ; ### the person concerned at the time of use or disclosure neither knew nor had reason , under the circumstances , to know that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully ;


### the smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents incompatible with the objectives of this directive . therefore , it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications . it is also important that measures and remedies provided for should not restrict the freedom of expression and information or whistleblowing activity . therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed . ### the smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents , such as creating unjustified barriers to the internal market or to labour mobility , that are incompatible with the objectives of this directive . therefore , it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications . it is also important that measures and remedies provided for should not restrict the freedom of expression and information or whistleblowing activity . therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed .


### has been subject to reasonable steps under the circumstances , by the person lawfully in control of the information , to keep it secret ; ### has been subject to reasonable steps under the circumstances , by the person who holds the information , to keep it secret ;


### unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret . ### unlawful acquisition , use or disclosure of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret .


### this directive should not affect the application of competition law rules , in particular articles 101 and 102 of the treaty on the functioning of the european union . the measures provided for in this directive should not be used to restrict competition unduly in a manner contrary to that treaty . ### this directive should not affect the application of competition law rules , in particular articles 101 and 102 of the treaty on the functioning of the european union . the measures provided for in this directive should not be used to unfairly restrict competition , delay access to the internal market , or create barriers to labour mobility in a manner contrary to that treaty .


### the conscious and deliberate production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall be considered an unlawful use of a trade secret . ### the production , offering or placing on the market of infringing goods , or import , export or storage of infringing goods for those purposes , shall also be considered an unlawful use of a trade secret when the person carrying out such activities knew , or should , under the circumstances , have known that the products were infringing .


### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that , in considering a request for the adoption of the injunctions and corrective measures provided for in article 11 and assessing their proportionality , the competent judicial authorities take into account all relevant aspects of the case , such as the value of the trade secret , the measures taken to protect the trade secret , the intentionality of the infringer in acquiring , disclosing or using the trade secret , the conduct of the infringer in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information .


### for the same reason , it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret . for prohibitory measures to be effective , their duration , when circumstances require a limitation in time , should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition , use or disclosure of the trade secret . in any event , no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent . ### for the same reason , it is also important to provide for measures to prevent further unlawful use or disclosure of a trade secret . for prohibitory measures to be effective and proportionate , their duration should be sufficient to eliminate any commercial advantage which the third party could have derived from the unlawful acquisition , use or disclosure of the trade secret , including when such a trade secret is used for the provision of services , and should be limited in time to avoid the creation of unjustified barriers to competition in the internal market . in any event , no measure of this type should be enforceable if the information originally covered by the trade secret is in the public domain for reasons that cannot be attributed to the respondent .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme should contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , this programme should contribute to mainstream climate actions and to the achievement of an overall target of 30 % of the union budget expenditures supporting climate objectives . relevant actions will be identified during the programme ' s preparation and implementation , and reassessed in the context of the relevant evaluations and review processes .


### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the capability development plan . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . where appropriate , regional and international priorities , including those in the north atlantic treaty organisation context , may also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided . ### the promotion of innovation and technological development in the union defence industry should take place in a manner coherent with the security and defence interests of the union . accordingly , the action ' s contribution to those interests and to the defence research and capability priorities commonly agreed by member states should serve as an award criterion . within the union , common defence research and capability shortfalls are identified in the common security and defence policy framework notably through overarching strategic research agenda and the cdp , including the cdp strategic context cases . other union processes such as the coordinated annual review on defence and the permanent structured cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the eu level of ambition on security and defence . regional and international priorities , including those in the north atlantic treaty organisation context , should also be taken into account if they are in line with union priorities and do not prevent any member state or an associated country from participating , while also taking into account that unnecessary duplication should be avoided .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least two member states . these entities shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not exclusively controlled by non - associated third countries or by non - associated third country entities .


### the commission shall implement information and communication actions relating to the fund , and its actions and results . financial resources allocated to the fund shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall implement information and communication actions relating to the fund , and its actions and results . financial resources allocated to the fund shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 , and set - up and maintain a standing stakeholder conference on the development of a common european armaments and capability policy .


### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . ultimately , the fund will lead to greater interoperability between member states ' capabilities . ### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . the fund will also have to lead to greater interoperability between member states ' capabilities , while promoting the standardisation of military systems .


### the overall increase in the funding rate of an action shall not exceed 30 percentage points . ### an action developed by member states or associated third countries which meet the 2% gdp target to be spent on defence , or which spend 20% of their defence budgets on major equipment , shall benefit from a funding rate increased by their cumulated gdp percentage points spent on defence ;


### the general objective of the fund is to foster the competitiveness , efficiency and innovation capacity of the european defence industry , by supporting collaborative actions and cross - border cooperation between legal entities throughout the union , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the industrial life cycle , thus contributing to the union strategic autonomy . the fund should also contribute to the freedom of action of the union and its autonomy , in particular in technological and industrial terms . ### the general objective of the fund is to enable the union to apply its competence to implement a common foreign and security policy , including the progressive framing of a common defence policy , to contribute to the strategic priorities under the cfsp / csdp framework , and to foster the inclusivity , integration , interoperability , competitiveness , efficiency and innovation capacity of the technological and industrial base of the european defence sector , by supporting collaborative actions and cross - border cooperation between legal entities throughout europe , including smes and mid - caps as well as fostering the better exploitation of the industrial potential of innovation , research and technological development , at each stage of the life cycle of a defence product or service . it is important that more concrete proposals are put forward on how to improve the cross - border defence market access of smes and mid - caps . the fund should also contribute to the union ' s security and defence interests , to the freedom of action of the union , to its strategic , technological and industrial autonomy , as well as to the development and improvement of more advanced member states ' defence capabilities . taking more responsibility for its own security will also serve nato .


### where appropriate , indirect eligible costs beyond the flat rate of 25 % may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission . ### as an alternative , indirect eligible costs may be determined in accordance with the beneficiary ' s usual cost accounting practices on the basis of actual indirect costs provided that these cost accounting practices are accepted by national authorities under comparable funding schemes in accordance with article [ 185 ] of the financial regulation and communicated to the commission .


### independent experts shall be chosen on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them . ### independent experts shall be chosen on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them . the commission must also ensure that experts do not assess , advise or assist on matters in which they have a conflict of interest .


### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned and in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child . ### the procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the member state concerned , in accordance with the safeguards laid down in the charter of fundamental rights of the european union , in the convention for the protection of human rights and fundamental freedoms and in the united nations convention on the rights of the child , and with the best practices for fingerprinting appended in annex 1a .


### member states should refer to the commission’s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 , which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state’s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . __________________ 34 com 150 final , 27 . 5 . 2015 ### member states should abide by the commission’s staff working document on implementation of the eurodac regulation as regards the obligation to take fingerprints adopted by the council on 20 july 201534 – annexed hereto – which sets out a best practice approach to taking fingerprints of irregular third - country nationals . where a member state’s national law allows for the taking of fingerprints by force or coercion as a last resort , those measures must fully respect the eu charter of fundamental rights . third - country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image , except in duly justified circumstances that are permitted under national law . __________________ 34 swd 150 final , 27 . 5 . 2015


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to support , disseminate and protect our common values , rights and rich diversity , keeping them alive and vibrant . the ultimate objective is to defend , nurture and sustain a rights - based , equal , inclusive and democratic society including a vibrant civil society . the activities financed should aim at encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society both within and among member states , based on our common values , history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### the rights and values programme should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field . that should be achieved by building on the positive experience of the predecessor programmes . this will enable to fully exploit the potential of synergies , to more effectively support the policy areas covered and to increase their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches . ### the rights and values programme should allow developing synergies to tackle the challenges that are common to the dissemination , promotion and protection of values and to reach a critical dimension to have concrete results in the field . that should be achieved by building on the positive experience of the predecessor programmes and also developing new innovative measures . this will enable to fully exploit the potential of synergies , to more effectively support the policy areas covered and to increase their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , open , inclusive and democratic society by funding activities that promote a vibrant , well - developed , self - reliant and empowered civil society , including advocacy for the promotion and protection of our common values , and that encourage people ' s democratic , civic and social participation and foster peace and the rich diversity of european society , based on our common values , history and memory . article 11 of the treaty of the european union requires that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . the commission should maintain a regular dialogue with the beneficiaries of the programme as well as other relevant stakeholders by setting up a civil dialogue group .


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values cannot be taken for granted and must continue to be protected , promoted , enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism , and divisions and the still persisting challenges of intolerance and discrimination it is more important than ever to promote , strengthen and defend justice , rights , eu values and the rule of law , which is inseparable from democracy itself , and a condition for its effectiveness . to promote and support human rights , respect for human dignity , social rights , rights of minorities , freedom , democracy , equality , and the rule of law will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to support , disseminate and protect our common values , rights and rich diversity , keeping them alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes defending a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common values , history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme . ### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims , groups at risk and particularly vulnerable persons . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , groups at risk , and particularly vulnerable persons , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme .


### preventing and combating inequalities and discrimination on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well policies to combat racism and all forms of intolerance ; ### preventing and combating inequalities and discrimination on grounds of sex , racial or ethnic origin , religion , belief or opinion , disability , age or sexual orientation , and supporting comprehensive policies to promote gender equality and anti - discrimination and their mainstreaming as well as policies to combat racism and all forms of intolerance , including online ;


### preventing and combating all forms of violence against children , young people and women , as well as violence against other groups at risk ; ### preventing , including with informative and educational actions , and combating all forms of violence , including domestic violence , against children , young people , women and seniors , as well as violence against other groups at risk , and particularly vulnerable persons ;


### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state , and should feel able to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law . ### citizens should also be more aware of their rights deriving from citizenship of the union , and should feel at ease about living , travelling , studying , working and volunteering in another member state . the free movement of workers , in particular , is a fundamental principle of the treaty enshrined in article 45 tfeu . citizens , therefore , should be entitled to enjoy and exercise all their citizenship rights , place their trust in equal access , full enforceability and protection of their rights without any discrimination , no matter where in the union they happen to be . as regards to the free movement of workers , and pursuant to article 46 tfeu , the union should take action to abolish discrimination based on nationality between workers of the eu , and to remove barriers to the free movement of workers . civil society needs to be supported for the promotion , safeguarding and raising awareness of eu common values under article 2 teu and in contributing to the effective enjoyment of rights under union law .


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . _________________________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values cannot be taken for granted and must continue to be protected , promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism , and divisions and the still persisting challenges of intolerance and discrimination it is more important than ever to promote strengthen and defend justice , rights , eu values and the rule of law , which is inseparable from democracy itself , and a condition for its effectiveness . to promote and support human rights , respect for human dignity , social rights , rights of minorities , freedom , democracy , equality , and the rule of law will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism , prejudice and anti - democratic ideologies , by means of new and more dangerous ways , using ‘ fake news’ and cyber - attacks , spreading hate and mistrust against our open and inclusive societies , it is more important than ever to strengthen and defend justice , rights , eu values and the rule of law , which is inseparable from democracy itself , and a condition for its effectiveness . to promote and support human rights , respect for human dignity , freedom , democracy , equality , and the rule of law will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable growth , job creation , and investment , which will also prepare for participation in the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ; ### the general objective of the programme shall be to contribute to institutional , administrative and growth - sustaining and inclusive structural reforms in the member states by providing support to national authorities for measures aimed at reforming and strengthening institutions , governance , public administration , and economic and social sectors in response to economic and social challenges , with a view to enhancing cohesion , competitiveness , productivity , sustainable and inclusive growth , job creation , investment , and convergence in and outside the euro area , in particular in the context of economic governance processes , including through assistance for the efficient , effective and transparent use of the union funds . ;


### the structural reform support programme was established with the objective of strengthening the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic and social cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms is an appropriate tool for achieving such a development . ### the structural reform support programme was established with the objective of providing additional union support in order to strengthen the capacity of member states to prepare and implement growth - sustaining administrative and structural reforms , including through assistance for the efficient and effective use of the union funds . support under the programme is provided by the commission , upon request by a member state , and can cover a wide range of policy areas . it is well placed to complement and further strengthen the implementation of the european semester cycle , particularly its annual growth survey and country - specific recommendations , in order to achieve sustainable growth and job creation and make progress towards the long - term europe 2020 targets . developing resilient economies built on strong economic and social structures , which allow member states to efficiently absorb shocks and swiftly recover from them , contributes to economic and social cohesion . the implementation of institutional , administrative and growth - sustaining structural reforms is an appropriate tool for achieving such a development .


### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing cohesion , competitiveness , productivity , sustainable growth , and job creation should also contribute to the preparations for future participation in the euro area by those member states whose currency is not the euro . ### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing economic , social and territorial cohesion , social inclusion and the fight against poverty , competitiveness , productivity and sustainable and inclusive growth , job creation and investment should also contribute to the preparations for future participation in the euro area by those member states whose currency is not the euro .


### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . ### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased to a sufficient level , via the flexibility instrument provided for by the current multiannual financial framework , which will allow the union to provide support that meets the needs of the requesting member states . member states should be encouraged to make use of the possibility , provided for under article 11 of regulation no 2017 / 825 , of transferring part of their resources from the technical assistance component of the european structural and investment fund to the programme , for the purpose of support for the implementation of reforms , including reforms linked to euro adoption .


### the risk of non - compliance with the organic production rules is considered higher in agricultural holdings which include units not managed under organic production rules . therefore , after an appropriate conversion period , all agricultural holdings in the union which aim to become organic should be entirely managed in compliance with the requirements applicable to organic production . organic agricultural holdings should undergo the same conversion period in all member states , irrespective of whether they have previously adhered to agri - environmental measures supported by union funds . however , no conversion period is necessary in the case of fallow land . in order to ensure quality , traceability and compliance with this regulation and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules supplementing the general conversion rules or supplementing and amending the specific conversion rules . ### the risk of non - compliance with the organic production rules is considered higher in agricultural holdings which include units not managed under organic production rules . therefore , after an appropriate conversion period , all agricultural holdings in the union which aim to become organic should be entirely managed in compliance with the requirements applicable to organic production . mixed farms should be allowed if a clear separation between the organic and conventionally managed units can be made and contamination can be avoided . organic agricultural holdings should undergo the same conversion period in all member states , irrespective of whether they have previously adhered to agri - environmental measures supported by union funds . however , no conversion period is necessary in the case of fallow land . in order to ensure quality , traceability and compliance with this regulation and adaptation to technical developments , the power to adopt certain acts should be delegated to the commission in respect of establishing rules supplementing the general conversion rules or supplementing and amending the specific conversion rules .


### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the database for the listing of the varieties for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of commission’s exercise of implementing powers . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards the technical details for the establishment of the single database for the listing of the varieties , in particular traditional and rare varieties , for which plant reproductive material obtained by the organic production method is available , as regards the authorisation or the withdrawal of the authorisation of the products and substances that may be used in organic production in general and in the production of processed organic food in particular , including the procedures to be followed for the authorisation and the lists of those products and substances and , where appropriate , their description , compositional requirement and conditions for use , as regards the specific and practical modalities regarding the presentation , composition and size of the indications referring to the code numbers of control authorities and control bodies and of the indication of the place where the agricultural raw materials have been farmed , the assignment of code numbers to control authorities and control bodies and the indication of the place where the agricultural raw materials have been farmed , as regards the details and specifications regarding the content , form and way of notification of the notifications by operators and groups of operators of their activity to the competent authorities and the form of publication of the fees that may be collected for the controls , as regards the exchange of information between groups of operators and competent authorities , control authorities and control bodies and between member states and the commission , as regards the recognition or withdrawal of the recognition of control authorities and control bodies which are competent to carry out controls in third countries and the establishment of the list of those control authorities and control bodies and rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of imported organic products , as regards the establishment of a list of third countries recognised under article 33 of regulation no 834 / 2007 and the amendment of that list as well as rules to ensure the application of measures in relation to cases of non - compliance , or suspicion thereof , affecting the integrity of organic products imported from those countries , as regards the system to be used to transmit the information necessary for the implementation and monitoring of this regulation , and as regards the establishment of the list of control authorities and control bodies recognised under article 33 of regulation no 834 / 2007 and the amendment of that list . those powers should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council34 . __________________ 34 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by the member states of the commission’s exercise of implementing powers .


### the entire agricultural holding or aquaculture operation shall be managed in compliance with the requirements applicable to organic production ; ### the agricultural holding or aquaculture&#160 ; operation may be split into clearly and effectively separated units or production units which are not all managed under organic production , provided that : as regards livestock , &#160 ; different species shall&#160 ; be involved ; as regards plants , different varieties that can be easily differentiated shall be involved . in case of research and educational centres , nurseries , seed multipliers , hatcheries in the framework of aquaculture and algae production and breeding operations , the requirements concerning different species and varieties referred to in points and shall not apply ;


### exercise areas shall permit dunging and rooting by porcine animals . for the purposes of rooting different substrates can be used . ### exercise areas shall permit dunging and rooting by porcine animals . for the purposes of rooting different substrates can be used . the environment shall be provided with enrichment materials as this contributes positively to the well - being of porcine animals .


### the entire agricultural holding or aquaculture operation shall be managed in compliance with the requirements applicable to organic production ; ### to encourage the conversion to organic production and possibility for the farmer to adapt to market conditions , &#160 ; a holding is allowed to be split into clearly separated units that can be managed either organically or in a conventional manner . in the case of multiple modes of production , a reliable record of the separation shall be kept by the operator ;


### where applicable , one or more assurance levels ; ### where applicable , one or more assurance levels taking into account inter - alia a risk - based approach ;


### lays down a framework for the establishment of european cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity of ict products and services in the union . such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other union acts . ### lays down a framework for the establishment of european cybersecurity certification schemes for the purpose of ensuring an adequate level of cybersecurity of ict products , processes and services in the union . such framework shall apply without prejudice to specific provisions regarding voluntary or mandatory certification in other union acts .


### ‘ european cybersecurity certificate’ means a document issued by a conformity assessment body attesting that a given ict product or service fulfils the specific requirements laid down in a european cybersecurity certification scheme ; ### ‘ european cybersecurity certificate’ means a document issued either by a conformity assessment body or by self - assessment , where permitted , attesting that a given ict product , process or service fulfils the specific requirements laid down in a european cybersecurity certification scheme ;


### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product , process , service , system , or a combination of those by an independent third party , other than the product manufacturer or service provider . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere , for example as specified in technical standards . ### conformity assessment is the process demonstrating whether specified requirements relating to a product , process , service , system , person or body have been fulfilled . for the purposes of this regulation , certification should be considered as a type of conformity assessment regarding the cybersecurity features of a product , process , service , system , or a combination of those by an independent third party , other than the product manufacturer or service provider . certification cannot guarantee per se that certified ict products and services are cyber secure . it is rather a procedure and technical methodology to attest that ict products and services have been tested and that they comply with certain cybersecurity requirements laid down elsewhere , for example as specified in technical standards . undertakings should also ensure the security by design and by default of their ict products and services taking into account the state of the art .


### the agency shall assist the union institutions , agencies and bodies , as well as member states , in developing and implementing policies related to cybersecurity . ### the agency shall assist the union institutions , agencies and bodies , as well as member states , in developing and implementing policies related to cybersecurity and raising awareness among citizens and businesses .


### the agency shall increase cybersecurity capabilities at union level in order to complement the action of member states in preventing and responding to cyber threats , notably in the event of cross - border incidents . ### the agency shall increase it security capabilities at union level in order to complement and support the action of member states in preventing and responding to cyber threats , notably in the event of cross - border incidents .


### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , public authorities and workers ' and employers’ organisations . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies . ### in carrying out its tasks , the agency shall maintain a close dialogue particularly with specialised bodies , whether public or private , national or international , public authorities and workers ' and employers ' organisations as well as with national tripartite bodies , where they exist . the agency , without prejudice to its own aims , shall ensure cooperation with other european union agencies aimed at avoiding overlaps and promoting synergy and complementarity in their activities , in particular with the european agency for safety and health at work , the european centre for the development of vocational training and , where relevant , with other eu agencies .