### 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 , including when trade secrets are used for the purposes of delivering services . 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 .


### a trade secret may be unlawfully used to design , manufacture or market goods , or components thereof , which may spread across the internal market , thus affecting the commercial interests of the trade secret holder and the functioning of the internal market . in those cases and when the trade secret in question has a significant impact on the quality , value or price of the resulting good or on reducing the cost , facilitating or speeding up its manufacturing or marketing processes , it is important to empower judicial authorities to order appropriate measures with a view to ensure that those goods are not put on the market or are removed from it . considering the global nature of trade , it is also necessary that these measures include the prohibition of importing those goods into the union or storing them for the purposes of offering or placing them on the market . having regard to the principle of proportionality , corrective measures should not necessarily entail the destruction of the goods when other viable options are present , such as depriving the good of its infringing quality or the disposal of the goods outside the market , for example , by means of donations to by charitable organisations . ### a trade secret may be unlawfully used to design , manufacture , develop or market services or goods , or components thereof , which may spread across the internal market , thus affecting the commercial interests of the trade secret holder and the functioning of the internal market . in the cases where unlawful acquisition has been demonstrated and when the trade secret in question has a significant impact on the quality , value or price of the resulting good or on reducing the cost , facilitating or speeding up its manufacturing or marketing processes , it is important to empower judicial authorities to order appropriate measures with a view to ensure that those goods are not put on the market or are removed from it . considering the global nature of trade , it is also necessary that these measures include the prohibition of importing those goods into the union or storing them for the purposes of offering or placing them on the market . having regard to the principle of proportionality , corrective measures should not necessarily entail the destruction of the goods when other viable options are present , such as depriving the good of its infringing quality or the disposal of the goods outside the market , for example , by means of donations to by charitable organisations .


### in order to avoid that a person who knowingly , or with reasonable grounds for knowing , unlawfully acquires , uses or discloses a trade secret benefit from such conduct and to ensure that the injured trade secret holder , to the extent possible , is placed in the position in which he or she would have been had that conduct not taken place , it is necessary to provide for adequate compensation of the prejudice suffered as a result of the unlawful conduct . the amount of damages awarded to the injured holder of the trade secret should take account of all appropriate factors , such as loss of earnings incurred by the trade secret holder or unfair profits made by the infringer and , where appropriate , any moral prejudice caused to the trade secret holder . as an alternative , for example where , considering the intangible nature of trade secrets , it would be difficult to determine the amount of the actual prejudice suffered , the amount of the damages might be derived from elements such as the royalties or fees which would have been due had the infringer requested authorisation to use the trade secret in question . the aim is not to introduce an obligation to provide for punitive damages , but to ensure compensation based on an objective criterion while taking account of the expenses incurred by the holder of the trade secret , such as the costs of identification and research . ### in order to avoid that a person who knowingly , or with reasonable grounds for knowing , unlawfully acquires , uses or discloses a trade secret benefit from such conduct and to ensure that the injured trade secret holder , to the extent possible , is placed in the position in which he or she would have been had that conduct not taken place , it is necessary to provide for adequate compensation of the prejudice suffered as a result of the unlawful conduct . the amount of damages awarded to the injured holder of the trade secret should take account of all appropriate factors , such as loss of earnings incurred by the trade secret holder or unfair profits made by the infringer and , when the trade secret holder is a natural person , any moral prejudice caused to the trade secret holder . as an alternative , for example where , considering the intangible nature of trade secrets , it would be difficult to determine the amount of the actual prejudice suffered , the amount of the damages might be derived from elements such as the royalties or fees which would have been due had the infringer requested authorisation to use the trade secret in question . the aim is not to introduce an obligation to provide for punitive damages , but to ensure compensation based on an objective criterion while taking account of the expenses incurred by the holder of the trade secret , such as the costs of identification and research .


### 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 use existing systems of cooperation and exchange of information between member states , on the one hand , and between the member states and the commission on the other . 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 .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of the press and the media , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence .


### ' 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 :


### is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secret ; ### is in breach of a legally valid confidentiality agreement under national or union law or any other duty to limit the use or disclosure of the trade secret ;


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


### the obligation referred to in the first subparagraph shall cease to exist in any of the following circumstances : ### the obligation referred to in the first subparagraph shall continue to apply until after the end of the legal proceedings , except in any of the following circumstances :


### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the respondent 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 deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to 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 respondent 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 deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the respondent 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 deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the particular circumstances of the case . their assessment should , if appropriate , take into consideration the value and other characteristics of the trade secret , the measures taken to protect the trade secret , and the conduct of the respondent 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 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 .


### when setting the damages , the competent judicial authorities shall take into account all appropriate factors , such as the negative economic consequences , including lost profits , which the injured party has suffered , any unfair profits made by the infringer and , in appropriate cases , elements other than economic factors , such as the moral prejudice caused to the trade secret holder by the unlawful acquisition , use or disclosure of the trade secret . ### when setting the damages , the competent judicial authorities shall take into account all relevant factors , such as the negative economic consequences , including lost profits , which the injured party has suffered , any unfair profits made by the infringer and , in appropriate cases , elements other than economic factors , such as the moral prejudice caused to the trade secret holder by the unlawful acquisition , use or disclosure of the trade secret .


### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . _________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community , oj l 146 , 10 . 6 . 2009 , p . 1 ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 . ### the fund would contribute to the establishment of a strong , competitive and innovative defence industrial and technological base and go hand in hand with the union ' s initiatives towards a more integrated european defence market and in particular , the two directives6 on procurement and on eu transfers in the defence sector adopted in 2009 . the fund will form a cornerstone of a sound european defence industrial policy . _________________ 6 directive 2009 / 43 / ec of the european parliament and of the council , simplifying terms and conditions of transfers of defence - related products within the community , oj l 146 , 10 . 6 . 2009 , p . 1 ; directive 2009 / 81 / ec of the european parliament and of the council on the coordination of procedures for the award of certain works contracts , supply contracts and service contracts by contracting authorities or entities in the fields of defence and security , oj l 216 , 20 . 8 . 2009 , p . 76 .


### the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non - associated third countries or other non - associated third country entities during the action and for a specified period after its completion ; ### the results of the action shall remain within the beneficiary and shall not be subject to control or restrictions by non - associated third countries and shall not be made available outside the union without the approval of the member state in which the undertaking is established or other non - associated third country entities during the action and for a specified period after its completion ;


### 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 ;


### in accordance with the multi - level governance principle , the member state shall involve those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 . ### in accordance with the multi - level governance principle , the member state shall involve and respect those partners in the preparation of partnership agreements and throughout the preparation and implementation of programmes including through participation in monitoring committees in accordance with article 34 .


### the commission shall assess the partnership agreement and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations . ### the commission shall assess the partnership agreement and its compliance with this regulation and with the fund - specific rules . in its assessment , the commission shall , in particular , take into account relevant country - specific recommendations and respecting the partnership and multi - level governance principles .


### programmes benefitting from the general support of the esf + strand under shared management shall use common output and result indicators , as set out in annex 1 to this regulation to monitor progress in implementation . the programmes may also use programme - specific indicators . ### programmes benefitting from the general support of the esf + strand under shared management shall use common output and result indicators , as set out in annex 1 to this regulation to monitor progress in implementation . the programmes should also use programme - specific indicators .


### evaluations shall be carried out in a sufficiently timely manner to feed into the decision - making process . ### evaluations shall be carried out in a sufficiently timely manner to feed into the decision - making process and shall contain information on performance , eu added value&#160 ; and sound financial management .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall communicate the conclusions of the evaluations accompanied by its observations as well as with improved qualitative and quantitative information on performance and results against the objectives set , to the european parliament , the council , the european economic and social committee and the committee of the regions .


### the scientific committee on occupational exposure limits 55 assists the commission , in particular , in evaluating the latest available scientific data and in proposing occupational exposure limit values for the protection of workers from chemical risks , to be set at union level pursuant to council directive 98 / 24 / ec56 and directive 2004 / 37 / ec . other sources of scientific information , adequately robust and in the public domain were also considered . __________________ 55 commission decision 2014 / 113 / eu of 3 march 2014 on setting up a scientific committee on occupational exposure limits for chemical agents and repealing decision 95 / 320 / ec . 56 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . ### the scientific committee on occupational exposure limits 55 assists the commission , in particular , in identifying , evaluating and analysing in detail the latest available scientific data and in proposing occupational exposure limit values for the protection of workers from chemical risks , which are to be set at union level pursuant to council directive 98 / 24 / ec56 and directive 2004 / 37 / ec . other sources of scientific information , adequately robust and in the public domain were also considered . __________________ 55 commission decision 2014 / 113 / eu of 3 march 2014 on setting up a scientific committee on occupational exposure limits for chemical agents and repealing decision 95 / 320 / ec . 56 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) .


### 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 . an effort must be made to avoid overlaps between programmes and double funding . 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 .


### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec . ### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of all those relevant equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . the commission adopted a recommendation on standards for equality bodies [ c 3850 final ] , covering the mandate , independence , effectiveness and coordination and cooperation of equality bodies . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec .


### 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 ;


### supporting and protecting victims of such violence . ### supporting and protecting victims , groups at risk , and particularly vulnerable persons of such violence .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results , are conceived and collected efficiently , effectively , and in a timely manner , that the allocation of funds for specific projects is reflected accurately and that the synergies created between funding programmes are properly evidenced . participation of the entities involved in the programme shall be ensured to that end . proportionate reporting and least burdensome requirements shall be imposed on recipients of union funds and member states .


### bringing together europeans of different nationalities and cultures by giving them the opportunity to participate in town - twinning activities ; ### bringing together citizens of different nationalities and cultures by giving them the opportunity to participate in meetings , town - twinning activities , small scale and civil society projects , thus creating the conditions for a stronger bottom - up approach , aimed at shaping the union’s political agenda ;


### encouraging and facilitating active participation in the construction of a more democratic union as well as awareness of rights and values through support to civil society organisations ### encouraging and facilitating active and inclusive participation , with particular attention to marginalised groups of society , in the construction of a more democratic union , by promoting , inter alia , the use of e - democracy tools and the european citizens ' initiative ; raising awareness of promoting and defending rights and values through support to civil society organisations ;


### 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 .


### equality between women and men is a fundamental value and an objective of the european union . discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political , social and economic participation in society . in addition , the existence of structural and cultural barriers hinders the achievement of real gender equality . promoting gender equality in all activities of the union is therefore a core activity for the union and a driver for economic growth and should be supported by the programme . ### equality between women and men is a fundamental value and an objective of the european union . article 8 of the treaty gives the union the task of eliminating inequalities and promoting an effective equality between men and women through all its activities . discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political , social and economic participation in society . in addition , the existence of structural and cultural barriers hinders the achievement of real gender equality . promoting gender equality in all activities of the union , including in work and employment , where discrimination persists on the level of payment and on access to the labour market , is therefore a core activity for the union and a driver for economic growth and should be supported by the programme .


### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec . ### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of all those relevant equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec .


### 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 educational actions , and combating all forms of violence against children , young people and women , as well as violence against other groups at risk ;


### 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 .


### 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 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 economic , social and territorial cohesion , social inclusion and the fight against poverty , competitiveness , productivity , sustainable and inclusive growth , job creation , and investment , which will also prepare for member states 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 . ;


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


### 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 .


### 7 . 1 . all persons involved in keeping animals shall possess the necessary basic knowledge and skills as regards the health and the welfare needs of the animals . ### 7 . 1 . all persons involved in keeping animals shall possess the necessary knowledge and skills as regards the health and the welfare needs of the animals .


### 1 . 6 . 1 . all persons involved in keeping aquaculture animals shall possess the necessary basic knowledge and skills as regards the health and the welfare needs of the animals ### 1 . 6 . 1 . all persons involved in keeping aquaculture animals shall possess the necessary knowledge and skills as regards the health and the welfare needs of the animals


### 7 . 2 . husbandry practices , including stocking densities and housing conditions shall ensure that the developmental , physiological and ethological needs of animals are met . ### 7 . 2 . husbandry practices , including stocking densities and housing conditions shall ensure that the developmental , physiological and ethological needs of animals are met . minimising stress of the animals should be a guiding principle in husbandry .


### 7 . 10 . any suffering to the animals shall be reduced to a minimum by applying adequate anaesthesia and / or analgesia and by carrying out the operation only at the most appropriate age by qualified personnel . ### 7 . 10 . any suffering to the animals shall be reduced to a minimum by applying adequate anaesthesia and / or analgesia and by carrying out the operation only at the most appropriate age by qualified personnel . pain relief for the animal shall be continued as long as deemed appropriate after any operation requiring it .


### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient cybersecurity . in this context , the limited use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ict products and services , undermining trust in digital solutions . ### the use of network and information systems by citizens , businesses and governments across the union is now pervasive . digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the internet of things millions , if not billions , of connected digital devices are expected to be deployed across the eu during the next decade . while an increasing number of devices are connected to the internet , security and resilience are not sufficiently built in by design , leading to insufficient it security . in this context , the limited and fragmented use of certification leads to insufficient information for organisations and individual users about the it security features of ict products and services , undermining trust in digital solutions . ict networks provide the backbone for digital products and services which have the potential to support all aspects of citizens’ lives and drive europe’s economic growth . to ensure that the objectives of the digital single market are fully achieved , the essential technological building blocks on which important areas such as e - health , iot , artificial intelligence , quantum technology as well as intelligent transport systems and advanced manufacturing rely , must be in place .


### increased digitisation and connectivity lead to increased cybersecurity risks , thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals , including vulnerable persons such as children . in order to mitigate this risk to society , all necessary actions need to be taken to improve cybersecurity in the eu to better protect network and information systems , telecommunication networks , digital products , services and devices used by citizens , governments and business – from smes to operators of critical infrastructures – from cyber threats . ### increased digitisation and connectivity lead to increased cybersecurity risks , thus making society at large more vulnerable to cyber threats and exacerbating dangers faced by individuals , including vulnerable persons such as children . in order to mitigate this risk to society , all necessary actions need to be taken to improve cybersecurity in the eu to better protect network and information systems , telecommunication networks , digital products , services and devices used by citizens , governments and business– from smes to operators of critical infrastructures – from cyber threats . in this respect the digital education action plan published by the european commission on 17 january 2018 is a step in the right direction , in particular the eu - wide awareness - raising campaign targeting educators , parents and learners to foster online safety , cyber hygiene and media literacy as well as the cyber - security teaching initiative building on the digital competence framework for citizens , to empower people to use technology confidently and responsibly .


### cyber - attacks are on the increase and a connected economy and society that is more vulnerable to cyber threats and attacks requires stronger defences . however , while cyber - attacks are often cross - border , policy responses by cybersecurity authorities and law enforcement competences are predominantly national . large - scale cyber incidents could disrupt the provision of essential services across the eu . this requires effective eu level response and crisis management , building upon dedicated policies and wider instruments for european solidarity and mutual assistance . moreover , a regular assessment of the state of cybersecurity and resilience in the union , based on reliable union data , as well as systematic forecast of future developments , challenges and threats , both at union and global level , is therefore important for policy makers , industry and users . ### cyber - attacks are on the increase and a connected economy and society that is more vulnerable to cyber threats and attacks requires stronger defences . however , while cyber - attacks are often cross - border , policy responses by cybersecurity authorities and law enforcement competences are predominantly national . large - scale cyber incidents could disrupt the provision of essential services across the eu . this requires effective eu level response and crisis management , building upon dedicated policies and wider instruments for european solidarity and mutual assistance . training needs in the area of cyber defence are substantial and increasing , and are most efficiently met cooperatively at union level . moreover , a regular assessment of the state of cybersecurity and resilience in the union , based on reliable union data , as well as systematic forecast of future developments , challenges and threats , both at union and global level , is therefore important for policy makers , industry and users .


### it is recognised that , since the adoption of the 2013 eu cybersecurity strategy and the last revision of the agency ' s mandate , the overall policy context has changed significantly , also in relation to a more uncertain and less secure global environment . in this context and within the framework of the new union cybersecurity policy , it is necessary to review the mandate of enisa to define its role in the changed cybersecurity ecosystem and ensure it contributes effectively to the union ' s response to cybersecurity challenges emanating from this radically transformed threat landscape , for which , as recognised by the evaluation of the agency , the current mandate is not sufficient . ### it is recognised that , since the adoption of the 2013 eu cybersecurity strategy and the last revision of the agency ' s mandate , the overall policy context has changed significantly , also in relation to a more uncertain and less secure global environment . in this context and in the context of the positive role the agency has played over the years in pooling of expertise , coordination , capacity building and within the framework of the new union cybersecurity policy , it is necessary to review the mandate of enisa to define its role in the changed cybersecurity ecosystem and ensure it contributes effectively to the union ' s response to cybersecurity challenges emanating from this radically transformed threat landscape , for which , as recognised by the evaluation of the agency , the current mandate is not sufficient .


### the agency should assist the member states and union institutions , bodies , offices and agencies in their efforts to build and enhance capabilities and preparedness to prevent , detect and respond to cybersecurity problems and incidents and in relation to the security of network and information systems . in particular , the agency should support the development and enhancement of national csirts , with a view of achieving a high common level of their maturity in the union . the agency should also assist with the development and update of union and member states strategies on the security of network and information systems , in particular on cybersecurity , promote their dissemination and track progress of their implementation . the agency should also offer trainings and training material to public bodies , and where appropriate ' train the trainers ' with a view to assisting member states in developing their own training capabilities . ### the agency should assist the member states and union institutions , bodies , offices and agencies in their efforts to build and enhance capabilities and preparedness to prevent , detect and respond to cybersecurity problems and incidents and in relation to the security of network and information systems . in particular , the agency should support the development and enhancement of national csirts , with a view of achieving a high common level of their maturity in the union . the agency should also assist with the development and update of union and member states strategies on the security of network and information systems , in particular on cybersecurity , promote their dissemination and track progress of their implementation . the agency should also offer trainings and training material to public bodies , and where appropriate ' train the trainers ' with a view to assisting member states in developing their own training capabilities . the agency should also serve as a contact point for member states and union institutions , who should be able to request an assistance of the agency within the competences and roles assigned to it .


### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices . ### the agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations . the agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents , and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience . the agency should furthermore organise , in line with the digital education action plan and in cooperation with the member states and the union institutions , bodies , offices and agencies regular outreach and public education campaigns directed to end - users , aiming at promoting safer individual online behaviour and raising awareness of potential threats in cyberspace , including cybercrimes such as phishing attacks , botnets , financial and banking fraud , as well as promoting basic authentication and data protection advice . the agency should play a central role in accelerating end - user awareness on security of devices .


### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as risk management , incident reporting and information sharing , as well as facilitating the exchange of best practices between competent authorities in this regard ; ### assisting member states to implement consistently the union policy and law regarding cybersecurity notably in relation to directive 2016 / 1148 , including by means of opinions , guidelines , advice and best practices on topics such as secure software and systems development , risk management , incident reporting and information sharing , technical and organisational measures , in particular the establishment of coordinated vulnerability disclosure programmes , as well as facilitating the exchange of best practices between competent authorities in this regard ;


### facilitate the establishment and take - up of european and international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 ; ### facilitate the establishment and take - up of european and / or international standards for risk management and for the security of ict products and services , as well as draw up , in collaboration with member states , advice and guidelines regarding the technical areas related to the security requirements for operators of essential services and digital service providers , as well as regarding already existing standards , including member states ' national standards , pursuant to article 19 of directive 2016 / 1148 and share this information among member states ;


### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses . ### the agency’s host member state shall provide the best possible conditions to ensure the proper functioning of the agency , including a single location for the entire agency , the accessibility of the location , the existence of adequate education facilities for the children of staff members , appropriate access to the labour market , social security and medical care for both children and spouses .


### rules concerning how previously undetected cybersecurity vulnerabilities in ict products and services are to be reported and dealt with ; ### rules requiring vulnerabilities in ict products and services that are not publicly known to be reported expeditiously by the appropriate authorities to relevant vendors and manufacturers using a coordinated vulnerability disclosure process .


### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . ### this directive aims at minimum harmonisation and shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level .


### member states shall ensure that , at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action , and has indicated further evidence which lies in the control of the defendant , the court or administrative authority may order , in accordance with national procedural rules , that such evidence be presented by the defendant , subject to the applicable union and national rules on confidentiality . ### member states shall ensure that , at the request of a qualified entity that has presented reasonably available facts and evidence sufficient to support the representative action , and has indicated further evidence which lies in the control of the defendant , the court or administrative authority may order that such evidence be presented by the defendant . this order should be based on an assessment of the need , scope and proportionality of the requested disclosure , in accordance with national procedural rules and subject to the applicable union and national rules on confidentiality .


### as the three so - called tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required and ways to enhance efficiency and synergies should be exploited . in addition , where relevant , the agency should seek to engage in efficient cooperation with the european commission ' s in - house research capacities . ### as the three tripartite agencies , the european foundation for the improvement of living and working conditions , the european agency for safety and health at work and the european centre for the development of vocational training address issues related to the labour market and working environment and vocational education and training and skills , close coordination among the three agencies is required so that the work of the agencies does not overlap where they have similar fields of interest , while ways to enhance efficiency and synergies should be exploited and any duplication among agencies , as well as between them and the commission , concerning their mandates , objectives and activities should be avoided . in addition , where relevant , the agency should seek to engage in efficient cooperation with the commission ' s and the european parliament ' s in - house research capacities . the added value of eurofound is its unique pan - european comparable data on an extremely rich and a wide range of living and working conditions provided not only to union institutions , member states , and the social partners but also to the general public .


### analyse trends in living and working conditions and labour market developments ; ### collect data by means of surveys and analyse trends in living and working conditions and labour market developments ;


### 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 .


### members of the management board and their alternates shall be appointed in light of their knowledge in the field of social and work - related policies , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board ' s work . all parties shall aim to achieve a balanced representation between men and women on the management board . ### members of the management board and their alternates shall be appointed in light of their knowledge in the field of social , employment and work - related policies , taking into account relevant managerial , administrative and budgetary skills . all parties represented in the management board shall make efforts to limit turnover of their representatives , in order to ensure continuity of the board ' s work . all parties shall aim to achieve a balanced representation between men and women on the management board .


### the term of office for members and their alternates shall be four years . that term shall be extendable . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced . ### the term of office for members and alternates shall be two years . after those two years , their place shall be taken by another member to ensure a balanced and alternating representation between representatives , member state by member state . the member of the management board shall ensure that the general interests of the union and of eurofound are defended , and a balanced position maintained among the member states . upon the expiry of their term of office or in the event of their resignation , members shall remain in office until their appointments are renewed or until they are replaced .


### the annual work programme shall comprise detailed objectives and expected results including performance indicators . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 5 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . ### the annual work programme shall comprise detailed objectives and expected results including performance indicators as well as activities and programmes to be subject to ex ante or ex post evaluation . it shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action , in accordance with the principles of activity - based budgeting and management . the annual work programme shall be coherent with the multi - annual work programme referred to in paragraph 5 . it shall clearly indicate tasks that have been added , changed or deleted in comparison with the previous financial year . annual and multi - annual programming shall include the strategy for relations with third countries or international organisation referred to in article 30 and the actions linked to that strategy .


### the management board may invite any person whose opinion may be of interest to attend its meetings as an observer . ### the management board may invite any person whose opinion may be of interest to attend its meetings as an observer . third - country eea states that participate in the agency’s activities may be represented at the management board meetings with observer status .


### preparing an action plan following - up conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the management board and the executive board ; ### preparing an action plan following - up conclusions of internal or external audit reports and evaluations , as well as investigations by the european anti - fraud office and reporting regularly on progress to the commission and regularly to the management board and the executive board ;


### executive director ### executive director and deputy director


### the executive director may be removed from office only upon a decision of the management board acting on a proposal from the commission . ### in the event of misconduct , unsatisfactory performance or recurring or serious irregularities , the executive director may be removed from office only upon a decision of the management board acting on a proposal , based on a reasoned assessment , from the commission .


### the agency may establish local offices in one or more member states , subject to their consent and in accordance with article 11 . ### the agency may establish a liaison office in brussels in accordance with article 11 .


### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , the monitoring and assessment of progress against those objectives and priorities and for the development of revised or new priorities . ### activities supported under the programme should contribute towards the achievement of the union ' s objectives and priorities , including the un sustainable development goals , the monitoring and assessment of progress against those objectives and priorities and the development of revised or new priorities .


### through the following activities , this pillar will , in line with article 4 , strengthen the impact of research and innovation in developing , supporting and implementing union policies , and support the uptake of innovative solutions in industry and society to address global challenges . it will also contribute to the other programme ' s specific objectives as described in article 3 . ### through the following activities , this pillar will , in line with article 4 , strengthen the impact of research and innovation in developing , supporting and implementing union policies , including the un sustainable development goals , and support the uptake of innovative solutions in industry and society to address global challenges . it will also contribute to the other programme ' s specific objectives as described in article 3 .


### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers . ### since online intermediation services and online search engines typically have a global dimension , this regulation should apply to providers of those services regardless of whether they are established in a member state or outside the union , provided that two cumulative conditions are met . firstly , the business users or corporate website users should be established in the union . secondly , the business users or corporate website users should , through the provision of those services , offer their goods or services to consumers located in the union at least for part of the transaction . in accordance with regulation no 44 / 2001 and regulation no 593 / 2008 , this would mean that the online intermediation services and online search engines have targeted or directed sales to consumers located in one or more member states , irrespective of where in the union . such consumers should be located in the union , but do not need to have their place of residence in the union nor have the nationality of any member state . accordingly , this regulation should not apply where the business users or corporate websites users are not established in the union or where they are established in the union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the union or to persons who are not consumers .


### in line with the relevant case - law of the court of justice of the european union and in light of the fact that the dependent position of business users has been observed principally in respect of online intermediation services that serve as a gateway to consumers in the form of natural persons , the notion of consumer used to delineate the scope of this regulation is to be understood as referring solely to natural persons , where they are acting for purposes which are outside their trade , business , craft or profession . ### in line with the relevant case - law of the court of justice of the european union and in light of the fact that the dependent position of business users has been observed principally in respect of online intermediation services that serve as a gateway to consumers in the form of natural persons , the notion of consumer used to delineate the scope of this regulation is to be understood as referring solely to natural persons , where they are acting for purposes which are outside their trade , business , craft or profession . for the purpose of this regulation , therefore , online intermediation services and search engines that allow solely direct or target offers of goods and services from businesses to other businesses are excluded because while there may be an imbalance relationship , there is not direct consequence on consumers .


### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 15 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . ### ensuring transparency in the general terms and conditions can be essential to promoting sustainable business relationships and to preventing unfair behaviour to the detriment of business users . providers of online intermediation services should therefore also ensure that the terms and conditions are easily available at all stages of the contractual relationship , including to prospective business users at the pre - contractual phase , and that any modifications to those terms are notified to business users within a set notice period which is reasonable and proportionate in light of the specific circumstances and which is at least 10 days . that notice period should not apply where , and to the extent that , it is waived in an unambiguous manner by the business user concerned , where a modification is of a purely administrative nature and have no negative effect on the end - user , where a modification is needed to prevent an imminent harm or danger to the service or consumer , or where , and to the extent that , the need to implement the modification without respecting the notice period stems from a legal obligation incumbent on the service provider under union or national law . a business users should be seen as taking an affirmative action accepting a modification and waiving this notice period by continuing to actively use the online intermediation services after notification , either by changing or adding additional goods , content or services , or by a statement of acceptance . the continued offering of goods , content and services placed on the online intermediation services before the modification notice , without the interaction of the business user , should not be deemed as an affirmative action accepting a modification .


### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 33422 . the statement of reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision . _________________ 22 commission recommendation no 2018 / 334 of 1 march 2018 on measures to effectively tackle illegal content online . ### a provider of online intermediation services can have legitimate reasons to decide to suspend or terminate the provision of its services , in whole or in part , to a given business user , including by delisting individual goods or services of a given business user or effectively removing search results . however , given that such decisions can significantly affect the interests of the business user concerned , they should be properly informed of the reasons thereof . the statement of reasons should allow business users to ascertain whether there is scope to challenge the decision , thereby improving the possibilities for business users to seek effective redress where necessary . in addition , requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content , in line with commission recommendation no 2018 / 334 . in order to avoid an unjustified burden by online intermediation services due the potential number of cases , the statement of reasons should take place in two parts . the online intermediation services immediately inform the business user of the general reasons for the decision on the grounds that the provider had set out in advance in its terms and condition . upon the request of the business users , an additional statement of specific reasons should identify the objective ground or grounds for the decision , based on the grounds that the provider had set out in advance in its terms and conditions , and refer in a proportionate manner to the relevant specific circumstances that led to that decision should be provided without delay to the business user .


### where a provider of online intermediation services itself offers certain goods or services to consumers through its own online intermediation services , or does so through a business user which it controls , that provider may compete directly with other business users of its online intermediation services which are not controlled by the provider . in such situations , in particular , it is important that the provider of online intermediation services acts in a transparent manner and provides a description of any differentiated treatment , whether through legal , commercial or technical means , that it might give in respect of goods or services it offers itself compared to those offered by business users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services . ### where a provider of online intermediation services or online search engine itself offers certain goods or services to consumers through its own online intermediation services or online search engine , or does so through a business user which it controls , that provider may compete directly with other business or corporate website users of its services which are not controlled by the provider . in such situations , in particular , it is important to establish a general rule that the provider of online intermediation services or online search engine acts in a manner which is proportionate , transparent and not detrimental to competition . providers of online intermediation services or online search engines should make available a description of any differentiated treatment , whether through legal , commercial or technical means , including but not limited to the setting of a default option that favours the provider or online search engine or any entity it controls , that it might give in respect of goods or services it offers itself compared to those offered by business or corporate website users . to ensure proportionality , this obligation should apply at the level of the overall online intermediation services , rather than at the level of individual goods or services offered through those services .


### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user . in addition , ensuring that providers of online intermediation services publish information on the functioning and effectiveness of their internal complaint - handling system should help business users to understand the types of issues that can arise in the context of the provision of different online intermediation services and the possibility of reaching a quick and effective bilateral resolution . ### in order to enable business users , including those whose use of the relevant online intermediation services might have been suspended or terminated , to have access to immediate , suitable and effective redress possibilities , providers of online intermediation services should provide for an internal complaint - handling system . that internal complaint - handling system should be aimed at ensuring that a significant proportion of complaints can be solved bilaterally by the provider of the online intermediation services and the relevant business user in a reasonable period of time . in addition , providers of online intermediation services should regularly review their internal complaint - handling system .


### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators with which they are willing to engage . mediators which provide their services from a location outside the union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under union law or the law of the member states , including the requirements of this regulation and the applicable law regarding protection of personal data and trade secrets . in order to be accessible , fair , and as swift , efficient and effective as possible , those mediators should meet certain set criteria . ### mediation can offer providers of online intermediation services and their business users a means to resolve disputes in a satisfactory manner , without having to use judicial proceedings which can be lengthy and costly . therefore , providers of online intermediation services should facilitate mediation by , in particular , identifying mediators with which they are willing to engage . mediators which provide their services from a location outside the union should only be identified where it is guaranteed that the use of those services does not in any way deprive the business users concerned of any legal protection offered to them under union law or the law of the member states , including the requirements of this regulation and the applicable law regarding protection of personal data and trade secrets . nonetheless , providers of online intermediation services and their business users should remain free to jointly identify any mediator of their choice after a dispute has arisen between them . in order to be accessible , fair , and as swift , efficient and effective as possible , all identified mediators should meet certain set criteria .