### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 6% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review . ### within the framework of sustainable urban development , it is considered necessary to support integrated territorial development in order to more effectively tackle the economic , environmental , climate , demographic and social challenges affecting urban areas , including functional urban areas , while taking into account the need to promote urban - rural linkages . the principles for selecting the urban areas where integrated actions for sustainable urban development are to be implemented , and the indicative amounts for those actions , should be set out in the programmes under the investment for jobs and growth goal with a minimum target of 10% of the erdf resources allocated at national level for that purpose . it should also be established that this percentage should be respected throughout the programming period in the case of transfer between priorities within a programme or between programmes , including at the mid - term review .


### fostering the integrated social , economic and environmental local development , cultural heritage and security , including for rural and coastal areas also through community - led local development . ### fostering the integrated social , economic and environmental local development , cultural heritage , tourism and security , including for rural , mountainous and coastal areas also through community - led local development .


### enhancing biodiversity , green infrastructure in the urban environment , and reducing pollution ; ### enhancing biodiversity , infrastructure in the urban and urban - rural area , zero emission urban mobility and reducing pollution ;


### enhancing growth and competitiveness of smes ; ### support technological upgrade and modernization , enhancing growth and competitiveness of smes ;


### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; ### investments in the environment , circular economy , including investments related to sustainable development and energy in accordance with the investment and infrastructure needs specific to each member state ;


### support of knowledge , policy development and communication . ### support of knowledge , territorial impact assessments , policy development and communication .


### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management by : ### ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , urban mobility , climate adaptation and risk prevention and management by :


### enhancing research and innovation capacities and the uptake of advanced technologies ; ### supporting the development&#160 ; and enhancement&#160 ; of innovation and research , infrastructure capacities and the uptake of advanced and technologies ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , culture , cultural heritage , sport and provision of their infrastructure as well as security in urban areas ; recalling that all the projects related to cultural heritage preservation , restoration , reuse and communication should take into consideration the recommendations on quality interventions on cultural heritage sites issued during the european year of cultural heritage 2018 ;


### developing skills for smart specialisation , industrial transition and entrepreneurship ; ### developing smes s for smart specialisation , industrial transition and industry 4 . 0 ;


### member states shall ensure an appropriate balance between investments under points and . ### member states shall decide an appropriate balance between investments under points and .


### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund via both shared management and the direct implementation mode under the connecting europe facility . ### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund and the erdf via both shared management and the direct implementation mode under the connecting europe facility .


### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , rural and coastal areas and local initiatives ' by : ### ' a europe closer to citizens by fostering the sustainable and integrated development of urban , rural , mountainous island and coastal areas and local initiatives ' by :


### promoting sustainable multimodal urban mobility ; ### promoting sustainable multimodal urban mobility and road and railway infrastructure ;


### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; ### member states of group 2 shall allocate at least 45 % of their total erdf resources under priorities other than for technical assistance to po 1 , and at least 30 % to po 2 ; , 80% of energy efficiency and renewable energy and 40% of support to enterprises through financial instruments .


### this initiative shall cover all urban areas and shall support the urban agenda of the union . ### this initiative shall cover all urban functional areas including rural urban links and shall support the urban agenda of the union .


### rco 34 - additional capacity for waste recycling ### rco 34 - additional capacity for waste prevention and recycling


### enhancing research and innovation capacities and the uptake of advanced technologies ; ### supporting the development and enhancement of research and innovation capacities , research infrastructure and the uptake of advanced technologies ;


### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas ; ### fostering the integrated social , economic and environmental development , cultural heritage and security in urban areas , including functional urban areas ;


### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls . ### certain cyber - surveillance technologies have emerged as a new category of dual - use items that have been used to directly interfere with human rights , including the right to privacy , the right to data protection , freedom of speech and freedom of association , by monitoring or exfiltrating data without obtaining a specific , informed and unambiguous authorization of the owner or administrator of the system and / or by incapacitating or damaging the targeted system . in response to calls from the european parliament and to evidence that certain cyber - surveillance technologies have been misused by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established , it is appropriate to control the export of those technologies . similarly the current level of control on encryption runs counter to the fact that encryption is a key means to ensure that citizens , businesses and governments can protect their data against criminals and other malicious actors , to secure access to services and to enable secure communications , including for human rights defenders . it is therefore appropriate to further facilitate the export of encryption .


### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of dual - use items subject to export controls in section b of annex i , such as cyber - surveillance technology , should be made in consideration of the risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation . ### decisions to update the common list of dual - use items subject to export controls in section a of annex i should be in conformity with the obligations and commitments that member states and the union have accepted as members of the relevant international non - proliferation regimes and export control arrangements , or by ratification of relevant international treaties . decisions to update the common list of dual - use items subject to export controls in section b of annex i , such as cyber - surveillance technology , should be made in consideration of the risks that the export of such items may pose as regards their use for violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established , or the essential security interests of the union and its member states . decisions to update the common list of dual - use items subject to export controls in section b of annex iv should be made in consideration of the public policy and public security interests of the member states under article 36 of the treaty on the functioning of the european union . decisions to update the common lists of items and destinations set out in sections a to j of annex ii should be made in consideration of the assessment criteria set out in this regulation .


### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls . ### certain cyber - surveillance technologies have emerged as a new category of items that have been used to directly interfere with human rights , including the right to privacy , the right to data protection , freedom of expression and freedom of assembly and association , by monitoring or exfiltrating data without obtaining a specific , informed and unambiguous authorization of the owner or administrator of the system and / or by incapacitating or damaging the targeted system . in response to calls from the european parliament , and evidence that certain cyber - surveillance tools have been misused by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established , it is appropriate to control the export of those technologies . serious human rights violations refer to situations as described in the user ' s guide to council common position 2008 / 944 / cfsp1a and equipment , as endorsed by the foreign affairs council on 20 july 2015 . _______________________ 1a council common position 2008 / 944 / cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment .


### in order to allow for a swift union response to changing circumstances as regards the assessment of the sensitivity of exports under union general export authorisations as well as technological and commercial developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending section a of annex i , annex ii and section b of annex iv to this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to allow for a swift union response to changing circumstances as regards the assessment of the sensitivity of exports under union general export authorisations as well as technological and commercial developments , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of amending sections a and b of annex i , annex ii and section b of annex iv to this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council should receive all documents at the same time as member states ' experts , and their experts systematically should have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations and global export authorisations shall be valid for two years , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority .


### exporters shall supply the competent authority with all relevant information required for their applications for individual and global export authorisation so as to provide complete information in particular on the end user , the country of destination and the end use of the item exported . ### exporters shall supply the competent authority with all relevant information required for their applications for individual and global export authorisation so as to provide complete information in particular on the end user , the country of destination and the end use of the item exported . when dealing with governmental end - users , the information supplied shall define specifically which department , agency , unit or sub - unit will be the final end - user of the item exported .


### the commission and the council shall make available guidance and / or recommendations to ensure common risk assessments by the competent authorities of the member states for the implementation of those criteria . ### the commission and the council shall make available guidance and / or recommendations to ensure common risk assessments by the competent authorities of the member states for the implementation of those criteria when this regulation enters into force .


### if a broker is aware that the dual - use items for which he proposes brokering services are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority which will decide whether or not it is expedient to make such brokering services subject to authorisation . ### if a broker is aware that the dual - use items or cyber - surveillance technologies for which he proposes brokering services are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority which will decide whether or not it is expedient to make such brokering services subject to authorisation .


### authorisations may be subject , if appropriate , to an end - use statement . ### authorisations for cyber - surveillance technology shall be subject to an end - use statement . authorisations for other items may be subject to an end - use statement if appropriate .


### if objections are received from any consulted member state , the requirement for authorisation shall be revoked unless the member state which imposes the authorisation requirement considers that an export might prejudice its essential security interests . in that case , that member state may decide to maintain the authorisation requirement . this should be notified to the commission and the other member states without delay . ### if objections are received from at least four member states representing at least 35% of the population of the union , the requirement for authorisation shall be revoked unless the member state which imposes the authorisation requirement considers that an export might prejudice its essential security interests , or risk being used by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established . in that case , that member state may decide to maintain the authorisation requirement . this should be notified to the commission and the other member states without delay .


### for use by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression in the country of final destination , as identified by relevant public international institutions , or european or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such serious violations by the proposed end - user ; ### for use by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious violations of human rights have been established by the competent bodies of the un , the council of europe , the union or national competent authorities , and where there is evidence of the use of this or similar items for directing or implementing such violations by the proposed end - user ;


### the scope of ' catch - all controls ' , that apply to non - listed dual use items in specific circumstances , should be clarified and harmonised , and should address the risk of terrorism and human rights violations . appropriate exchange of information and consultations on ' catch all controls ' should ensure the effective and consistent application of controls throughout the union . targeted catch - all controls should also apply , under certain conditions , to the export of cyber - surveillance technology . ### the scope of ' catch - all controls ' , that apply to non - listed dual use items and cyber - surveillance technologies in specific circumstances , should be clarified and harmonised , and should address the risk of terrorist acts and human rights violations . appropriate exchange of information and consultations on ' catch all controls ' should ensure the effective and consistent application of controls throughout the union . targeted catch - all controls should also apply , under certain conditions , to the export of cyber - surveillance technology .


### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for one year , and may be renewed by the competent authority . ### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for two years , and may be renewed by the competent authority .


### information regarding the enforcement of controls , including details of exporters deprived of the right to use the national or union general export authorisations 1 , reports of violations , seizures and the application of other penalties ; ### all information regarding the enforcement of controls , including details of exporters deprived of the right to use the national or union general export authorisations 1 , any reports of violations , seizures and the application of other penalties ;


### the commission and the council shall , where appropriate , make available guidance and / or recommendations for best practices for the subjects referred to in this regulation to ensure the efficiency of the union export control regime and the consistency of its implementation . the competent authorities of the member states shall also , where appropriate , provide complementary guidance for exporters , brokers and transit operators resident or established in that member state . ### the commission and the council shall , where appropriate , make available guidelines for best practices for the subjects referred to in this regulation to ensure the efficiency of the union export control regime and the consistency of its implementation . the competent authorities of the member states shall also , where appropriate , provide complementary guidance for exporters , brokers and transit operators resident or established in that member state .


### data on sensitive end users , actors involved in suspicious procurement activities , and , where available , routes taken . ### all data on sensitive end users , actors involved in suspicious procurement activities , and , where available , routes taken .


### information regarding the application of controls , including licensing data , and , where available , data on exports of dual - use items carried out in other member states ; ### all information regarding the application of controls , including licensing data , and , where available , data on exports of dual - use items carried out in other member states ;


### ' large project authorisation ' shall mean a global export authorisation granted to one specific exporter , in respect of a type or category of dual - use item which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year ; ### ' large project authorisation ' shall mean a global export authorisation granted to one specific exporter , in respect of a type or category of dual - use item or cyber - surveillance technology which may be valid for exports to one or more specified end users in one or more specified third countries for the duration of a specified project the realisation of which exceeds one year ;


### outreach to the private sector and transparency are essential elements for an effective export control regime . it is therefore appropriate to provide for the continued development of guidance to support the application of this regulation and for the publication of an annual report on the implementation of controls , in line with current practice . ### outreach to the private sector and transparency are essential elements for an effective export control regime . it is therefore appropriate to provide for the continued development of guidelines to support the application of this regulation and for the publication of an annual report on the implementation of controls , in line with current practice . given the importance of guidelines for the interpretation of some elements of this regulation , it is appropriate that these guidelines shall be publicly available when this regulation enters into force .


### considering the emergence of new categories of dual - use items , and in response to calls from the european parliament and indications that certain cyber - surveillance technologies exported from the union have been misused by persons complicit in or responsible for directing or committing serious violations of human rights or international humanitarian law in situations of armed conflict or internal repression , it is appropriate to control the export of those technologies in order to protect public security as well as public morals . these measures should not go beyond what is proportionate . they should , in particular , not prevent the export of information and communication technology used for legitimate purposes , including law enforcement and internet security research . the commission , in close consultations with the member states and stakeholders , will develop guidelines to support the practical applications of those controls . ### certain cyber - surveillance technologies have emerged as a new category of dual - use items that have been used to directly interfere with human rights , including the right to privacy , the right to data protection , freedom of speech and freedom of association , by monitoring or exfiltrating data without obtaining a specific , informed and unambiguous authorization of the owner or administrator of the system and / or by incapacitating or damaging the targeted system . in response to calls from the european parliament and to evidence that certain cyber - surveillance technologies have been misused by persons complicit in or responsible for directing or committing violations of international human rights law or international humanitarian law in countries where serious human rights violations have been established , it is appropriate to control the export of those technologies . similarly the current level of control on encryption runs counter to the fact that encryption is a key means to ensure that citizens , businesses and governments can protect their data against criminals and other malicious actors , to secure access to services and to enable secure communications , including for human rights defenders . it is therefore appropriate to further facilitate the export of encryption .


### concerted and joint inspections and their follow - up shall be carried out in accordance with the national law of the member states concerned . ### concerted and joint inspections and their follow - up shall be carried out in accordance with the national law of the member states concerned . national authorities shall also be fully associated in the process and have full and autonomous authority . where social partners are themselves in charge of inspections at national level , joint and concerted inspections should only take place if the social partners concerned so agree .


### upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also launch a mediation procedure on its own initiative before the mediation board , including on the basis of a referral from solvit , subject to the agreement of all member states concerned by that dispute . ### upon request of one of the member states concerned by a dispute , the authority shall launch a mediation procedure before its mediation board set up for this purpose in accordance with article 17 . the authority may also suggest a mediation procedure on its own initiative before the mediation board . in this case , the mediation will be launched following the agreement of all member states concerned by that dispute .


### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations , and two representatives of the commission . ### the stakeholder group shall be composed of six representatives of union - level social partners equally representing trade unions and employer’s organisations .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services , such as the transport sector . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should report them and cooperate on these matters with the commission , competent union bodies , and national authorities


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to strengthen fairness and trust in the single market and enhance the free movement of citizens . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify upon subscription that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . considering that for purposes of the verification what matters is not the location of usage , but rather , in which member state the subscriber is a resident , precise location data , beyond an original verification of residence , should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present ' means a transitory presence of a subscriber in a member state other than the member state of residence determined with the provider of the online content service ;


### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . ### in order to ensure that providers of online content services comply with the obligation to provide cross - border portability of their services without acquiring the relevant rights in another member state , it is necessary to stipulate that those service providers which lawfully provide portable online content services in the member state of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another member state . this should be achieved by establishing that the provision , the access to and the use of such online content service should be deemed to occur in the member state of the subscriber ' s residence . this regulation and in particular the legal mechanism localising the provision of , the access to and the use of an online content service in the member state of residence of the subscriber does not prevent a service provider from offering its subscriber who is temporarily present in another member state an online content service that the provider lawfully provides in that member state .


### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation . ### in order to ensure the cross - border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the member state of their temporary presence by providing them access to the same content on the same range and number of devices , for the same number of users and with the same range of functionalities as those offered in their member state of residence . this obligation is mandatory and therefore the parties may not exclude it , derogate from it or vary its effect . any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a member state and not infringe this regulation , for example restrictions to the functionalities of the service or to the quality of its delivery , would amount to a circumvention of the obligation to enable cross - border portability of online content services and therefore would be contrary to this regulation .


### notwithstanding paragraph 1 , holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with article 3 , provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purpose . ### notwithstanding paragraph 1 , the provider of an online content service shall make use of effective means in order to verify the member state of residence of its subscribers , unless otherwise expressly agreed with the holders of copyright and related rights or those holding any other rights in the content of online content services . these means shall be reasonable and shall not go beyond what is necessary in order to achieve their purpose .


### it shall apply from [ date : 6 months following the day of its publication ] . ### it shall apply from [ date : 12 months following the day of its publication ] .


### the provider of an online content service shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 . ### the provider of an online content service shall inform the subscriber , in advance , of the quality of delivery of the online content service provided in accordance with paragraph 1 .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states&#160 ; shall allow declarants to provide the information through existing system to system reporting channels , and port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states shall allow declarants to provide the information through existing system to system reporting channels , such as port community systems and national single windows , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### member states may allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window . ### member states shall allow declarants to provide the information through other reporting channels , such as port community systems , provided that those channels are voluntary for the declarants . in this case , member states shall ensure that those other channels make available the relevant information to the national single window .


### by six years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module . ### by six years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module with an eu access point interface able to relay data directly to the national single windows by the declarants for the fulfilment of reporting obligations .


### ' 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 :


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


### when the competent authorities limit the duration of the measure referred to in point of article 11 , such duration shall be sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret . ### member states shall ensure that the competent authorities limit the duration of the measure referred to in point of article 11 so that it is sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret .


### for the purpose of revealing an applicant’s misconduct , wrongdoing or illegal activity , provided that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest ; ### for the purpose of revealing a misconduct , wrongdoing or illegal activity , provided that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation and that the respondent acted in the public interest ;


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


### 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 commensurate to the actual prejudice suffered as a result of the offence . in accordance with their national laws and practices , member states may limit the liability for damages of employees towards their employers for the unlawful acquisition , use or disclosure of a trade secret of the employer when they act without intent .


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


### observation , study , disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the information ; ### observation , study , disassembly or test of a product or object that has been made available to the public or that it is lawfully in the possession of the acquirer of the information , unless the information acquired is used in a manner contrary to honest commercial practices ;


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


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


### ' infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ‘ infringing goods’ means goods whose design , quality , characteristics , functioning , manufacturing process or marketing benefits from trade secrets unlawfully acquired , used or disclosed .


### ‘ infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ‘ infringing goods or services’ means goods or services whose quality , characteristics or marketing benefits from trade secrets unlawfully acquired , used or disclosed .


### when deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality , the competent judicial authorities shall take into account the legitimate interests of the parties and , where appropriate of third parties , and any potential harm for either of the parties , and where appropriate third parties , resulting from the granting or rejection of such application . ### when deciding on the granting or the rejection of the application referred to in paragraph 2 and assessing its proportionality , the competent judicial authorities shall take into account the need to guarantee the right to an effective remedy and to a fair trial , the legitimate interests of the parties and , where appropriate of third parties , and any potential harm for either of the parties , and where appropriate third parties , resulting from the granting or rejection of such application .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that the&#160 ; know - how or business information involved qualifies as a trade secret , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent .


### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union policy - making in the area of financial services ; ### to further enhance the active participation and involvement of consumers and other financial services end - users , including retail investors , savers , insurance policyholders , pension fund members and beneficiaries , individual shareholders , borrowers or smes , as well as stakeholders representing their interests , in union policy - making in the area of financial services ;


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services , it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross - border dissemination of television and radio programmes by facilitating the clearance of these rights . it is possible to decide whether or not to grant this right , in view of contractual freedom . the possibility provided for the member states to regulate the activities of collective management organisations does not impinge on the free contractual negotiation of rights provided for in this regulation .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , as well as certain other retransmissions , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be included in the scope of this regulation as long as they are provided in a controlled environment such as a defined group of subscribers or registered users and comparable to closed circuits networks .


### therefore , cross - border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities . ### therefore , cross - border provision of online services of broadcasters and retransmissions of television and radio programmes originating in other member states should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities .


### where more than one collective management organisation manages rights of that category for the territory of that member state , the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right . if in such a situation the right holder does not choose the collective management organisation , it shall be for the member state for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations is deemed to be mandated to manage the right of that right holder . ### where more than one collective management organisation manages rights of that category for the territory of that member state , the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , both open and closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . ip - based retransmission services , both offered on closed - circuit networks and on the open internet , should be included in the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights as long as they ensure a controlled environment comparable to closed circuit networks and can show that their services are provided to a clearly - definable group of subscribers or registered users . the inclusion of such services is crucial for allowing , in line with consumer expectations , portability of such services within the member state of residence , as well as beyond , through the mechanism established by regulation 2017 / . . . of the european parliament and of the council 1a . __________________ 1a proposal for a regulation of the european parliament and of the council on ensuring the cross - border portability of online content services in the internal market ) .


### application of the principle of ‘ country of origin’ to ancillary online services ### application of the principle of ‘ country of origin’ to online services


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .


### holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation . ### holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission , other than by cable , only through a collective management organisation .


### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; ### contributing to a high level of health for humans , animals and plants along the food chain and in related areas , including by preventing and eradicating diseases and pests , and to support the improvement of the welfare of animals as well as a sustainable food production and consumption ; thereby focusing on stimulating research , innovation and the exchange of best practises between stakeholders in these fields ;


### in view of the economic reform efforts undertaken by ukraine , and in order to support the development of closer economic relations with the european union , it is appropriate to increase the trade flows concerning the import of certain agricultural products and to grant concessions in the form of autonomous trade measures in selected industrial products in line with the acceleration of the elimination of customs duties on trade between the european union and ukraine . ### in view of enhancing the economic reform efforts undertaken by ukraine , and in order to support and accelerate the development of closer economic relations with the european union , it is appropriate and necessary to increase the trade flows concerning the import of certain agricultural products and to grant concessions in the form of autonomous trade measures in selected industrial products in line with the acceleration of the elimination of customs duties on trade between the european union and ukraine .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of basic income support for sustainability to be granted to a farmer pursuant to this chapter for a given calendar year exceeding the financial ceiling specified by the member state .


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


### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ; ### ' permanent grassland and permanent pasture ' shall be land not included in the crop rotation of the holding for five years or more , as well as , where member states so decide , that has not been tilled for five years or more ; and that is used to grow grasses or other herbaceous forage naturally or through cultivation . it may include other species such as shrubs and / or trees which can be grazed or produce animal feed ;


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


### to support and promote judicial training , with a view to fostering a common legal , judicial and rule of law culture ; ### to support and promote gender sensitive and victims - oriented judicial training , with a view to fostering a common legal , judicial and rule of law culture taking into consideration the gender perspective and eu equality legislation ;


### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice . ### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention and victims’ rights protection , with due regard for the gender - sensitive perspective . respect for fundamental rights as well as for common principles and values , such as non - discrimination , solidarity , gender equality , equal treatment on the basis of sex , race or ethnic origin , religion or belief , disability , age and sexual orientation , protection of vulnerable group , effective , universal and gender - sensitive access to justice for all , equality before the law , the rule of law , and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice .


### judicial training can involve different actors , such as member states’ legal , judicial and administrative authorities , academic institutions , national bodies responsible for judicial training , european - level training organisations or networks , or networks of court coordinators of union law . bodies and entities pursuing a general european interest in the field of training of the judiciary , such as the european judicial training network , the academy of european law , the european network of councils for the judiciary , the association of the councils of state and supreme administrative jurisdictions of the european union , the network of the presidents of supreme judicial courts of the european union and the european institute of public administration , should continue to play their role in promoting training programmes with a genuine european dimension for the judiciary and judicial staff , and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the commission pursuant to this regulation . ### judicial training can involve different actors , such as member states’ legal , judicial and administrative authorities , academic institutions , national bodies responsible for judicial training , european - level training organisations or networks , or networks of court coordinators of union law and equality bodies . cross - cutting cooperation between judges and medical professionals must be supported in order to provide necessary training to judiciary and judicial staff in regard to cases that deal with gender based violence and violence against women . bodies and entities pursuing a general european interest in the field of training of the judiciary , such as the european judicial training network , the academy of european law , the european network of councils for the judiciary , the association of the councils of state and supreme administrative jurisdictions of the european union , the network of the presidents of supreme judicial courts of the european union and the european institute of public administration , should continue to play their role in promoting training programmes with a genuine european dimension for the judiciary and judicial staff , and could therefore be granted adequate financial support in accordance with the procedures and the criteria set out in the annual work programmes adopted by the commission pursuant to this regulation . taking into account that women judges are underrepresented in the top positions , women judges , prosecutors and other legal professions shall be encouraged to participate in the training activities .


### according to article 2 of the treaty on european union , ' the union is founded on the values of respect for human dignity , freedom democracy , equality , the rule of law and the respect for human rights , including the rights of the persons belonging to minorities . these values are common to the member states in a society where pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail ' . article 3 further specifies that the ' union ' s aim is to promote peace , its values and the well - being of its people ' and , among others , ' it shall respect its rich cultural and linguistic diversity , and shall ensure that europe ' s cultural heritage is safeguarded and enhanced ' . these values are further reaffirmed and articulated in the rights , freedoms and principles enshrined in the charter of fundamental rights of the european union . ### according to article 2 of the treaty on european union , ' the union is founded on the values of respect for human dignity , freedom democracy , equality , the rule of law and the respect for human rights , including the rights of the persons belonging to minorities . these values are common to the member states in a society where pluralism , non - discrimination , tolerance , justice , solidarity and equality between women and men prevail ' . article 3 further specifies that the ' union ' s aim is to promote peace , its values and the well - being of its people ' and , among others , ' it shall respect its rich cultural and linguistic diversity , and shall ensure that europe ' s cultural heritage is safeguarded and enhanced ' . article 8 tfeu further states that the european union shall , through all its activities , aim at eliminating inequalities , promote gender equality and combat discrimination when defining and implementing its policies and activities ; these values are further reaffirmed and articulated in the rights , freedoms and principles enshrined in the charter of fundamental rights of the european union .


### actions covered by this regulation should contribute to the creation of a european area of justice , increasing cross - border cooperation and networking and achieving the correct , coherent and consistent application of union law . funding activities should also contribute to a common understanding of the union’s values , the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows for those actions to be pursued consistently across the union and brings economies of scale . moreover , the union is in a better position than member states to address cross - border situations and to provide a european platform for mutual learning . ### actions covered by this regulation should contribute to the creation of a european area of justice , increasing cross - border cooperation and networking , raising awareness on and achieving the correct , practical coherent and consistent application of union law , in particular eu equality law , and promote better implementation of and coordination between the various eu victims protections instruments in particular directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha , directive 2011 / 99 / eu of the european parliament and of the council of 13 december 2011 on the european protection order , regulation 606 / 2013 on mutual recognition of protection measures in civil matters and directive 2011 / 36 / eu of the european parliament and council of 5 april 2011 on preventing and combating trafficking in human beings and protecting its victims ; funding activities should also contribute to a common understanding of the union’s values , the rule of law , to better knowledge of union law and policies , to sharing know - how and best practices in using judicial cooperation instruments by all concerned stakeholders , as well as to a proliferation of interoperable digital solutions underpinning seamless and efficient cross - border cooperation , and should provide a sound analytical basis to support the development , enforcement and proper implementation of union law and policies . union intervention allows forthose actions to be pursued consistently across the union and brings economies of scale . moreover , the union is in a better position than member states to address cross - border situations and to provide a european platform for mutual learning .


### these rights and values must continue to be promoted and enforced , shared among the citizens and peoples within the union and be at the heart of europe’s societies , therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the rights and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . __________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 . ### these rights and values must continue to be promoted and enforced , shared among the citizens and peoples within the union and be at the heart of europe’s societies , therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , equality , rights and eu values : human rights , respect for human dignity , freedom , democracy , gender equality , the rule of law and the principle of non - discrimination . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the rights and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . __________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 .


### ' general conditions of access ' means all terms , conditions and other information , including sale prices , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ; ### ' general conditions of access ' means all terms , conditions and other information , including sale prices , requirements based on telephone prefixes , regulating the access of customers to goods or services offered for sale by a trader , which are set , applied and made available to the public at large by or on behalf of the trader and which apply in the absence of an individually negotiated agreement between the trader and the customer ;


### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . ### in certain cases , blocking , limiting of access or redirection without the customer ' s consent to an alternative version of an online interface for reasons related to the customer ' s nationality , place or residence or place of establishment might be necessary in order to ensure compliance with a legal requirement in union law or in the laws of member states in accordance with union law . such laws can limit customers ' access to certain goods or services , for instance by prohibiting the display of specific content in certain member states . traders should not be prevented from complying with such requirements and thus be able to block , limit the access or redirect certain customers or customers in certain territories to an online interface , insofar as that is necessary for that reason . furthermore , the application of this regulation should not prevent member states from applying their fundamental rules and principles relating to the freedom of press and freedom of expression .


### agreements imposing on traders obligations , in respect of passive sales , to act in violation of this regulation shall be automatically void . ### agreements imposing on traders obligations , in respect of passive sales within the meaning of commission regulation no 330 / 2010 , to act in violation of this regulation shall be automatically void .


### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation . ### the discriminatory practices that this regulation seeks to address typically take place through general terms , conditions and other information set and applied by or on behalf of the trader concerned , as a precondition for obtaining access to the goods or services in question , and that are made available to the public at large . such general conditions of access include inter alia prices , requirements based on telephone prefixes . payment conditions and delivery conditions . they can be made available to the public at large by or on behalf of the trader through various means , such as information published in advertisements , on websites or pre - contractual or contractual documentation . such conditions apply in the absence of an individually negotiated agreement to the contrary entered into directly between the trader and the customer . terms and conditions that are individually negotiated between the trader and the customers should not be considered general conditions of access for the purposes of this regulation .


### support under the programme should be provided by the commission upon request by a member state , in areas such as budget and taxation , public function , institutional and administrative reforms , the justice system , anti - fraud , anti - corruption and anti - money laundering , business environment , private sector development , investment , competition , public procurement , privatization processes , access to finance , investment , trade , sustainable development , innovation , education and training , labour policies , public health , asylum , migration policies , agriculture and rural development and financial sector policies . ### support under the programme should be provided by the commission upon request by a member state , in areas such as budget and taxation , public function , institutional and administrative reforms , the justice system , anti - fraud , anti - corruption and anti - money laundering , business environment , private sector development , investment , competition , public procurement , privatization processes , access to finance , investment , trade , sustainable regional development , innovation , education and training , labour policies , public health , asylum , migration policies , agriculture and rural development , sustainable tourism , and financial sector policies .


### to support the national authorities to enhance their capacity to formulate , develop and implement reform policies and strategies and pursue an integrated approach ensuring consistency between goals and means across sectors ; ### to support the national authorities to enhance their capacity to plan and formulate , develop and implement reform policies and strategies and pursue an integrated approach ensuring consistency between goals and means across sectors ;


### when programming the esf + resources under shared management for 2026 and 2027 at mid - term in accordance with article [ 14 ] of [ the future cpr ] , member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2024 on the basis of eurostat data , shall allocate at least 10% of their esf + resources under shared management for the years 2026 to 2027 to these actions . ### when programming the esf + resources under shared management for 2026 and 2027 at mid - term in accordance with article [ 14 ] of [ the future cpr ] , member states having a rate of young people aged 15 to 29 not in employment , education or training above the union average in 2024 on the basis of eurostat data , shall allocate at least 15% of their esf + resources under shared management for the years 2026 to 2027 to these actions . .


### the esf + should promote flexible upskilling and reskilling opportunities for all , notably digital skills and key enabling technologies , with a view to providing people with skills adjusted to digitalisation , technological change , innovation and social and economic change , facilitating career transitions , mobility and supporting in particular low - skilled and / or poorly qualified adults , in line with the skills agenda for europe . ### the esf + should promote flexible upskilling and reskilling opportunities for all , notably digital skills and key enabling technologies , with a view to providing people with skills adjusted to digitalisation , technological change , innovation and social and economic change , facilitating career transitions , mobility and supporting in particular low - skilled , persons with disabilities and / or poorly qualified adults , in line with the skills agenda for europe .


### outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 15% of the esf + resources under shared management in their programmes to the targeted actions set out in the first subparagraph . this allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs . ### outermost regions meeting the conditions set out in the first and second subparagraphs shall allocate at least 20% of the esf + resources under shared management in their programmes to the targeted actions set out in the first subparagraph . this allocation shall be taken into account for verifying compliance with the minimum percentage at national level set out in the first and second subparagraphs . this allocation shall not replace funding necessary for infrastructure and development for outermost regions .


### the delivery of food and / or material assistance may be complemented with re - orientation towards competent services and other accompanying measures aiming at the social inclusion of the most deprived persons . ### the delivery of food and / or material assistance shall be complemented with re - orientation towards competent services and other accompanying incentives or psychological motivation aiming at the social inclusion of the most deprived persons .


### promoting social integration of people at risk of poverty or social exclusion , including the most deprived and children ; ### promoting social integration of people at risk of poverty and / or social exclusion , including the most deprived , persons with disabilities and children ;


### in light of the persistent need to enhance efforts to address the management of the migration flows in the union as a whole and in order to ensure a coherent , strong and consistent support to the solidarity and responsibility - sharing efforts , the esf + should provide support to promote the socio - economic integration of third country nationals complementary to the actions financed under the asylum and migration fund . ### in light of the persistent need to enhance efforts to address the management of the migration flows in the union as a whole and in order to ensure a coherent , strong and consistent support to the solidarity and responsibility - sharing efforts , the esf + should provide support to promote the socio - economic integration of third country nationals complementary to the actions financed under the asylum and migration fund . member states should allocate adequate resources to local authorities for migrant integration at local level .


### enhancing the equal and timely access to quality , sustainable and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ; ### enhancing the equal and timely access to quality , sustainable , accessible and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ;


### improving the quality , effectiveness and labour market relevance of education and training systems , to support acquisition of key competences including digital skills ; ### improving the quality , effectiveness and labour market relevance of education and training systems , to support acquisition of key abilities and competences including digital skills ; promote e - inclusion and facilitate the transition from education to work ;


### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , without discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation . ### all programmes implemented under the esf + strand under shared management , as well as the operations supported by the employment and social innovation and health strands shall ensure equality between men and women throughout their preparation , implementation , monitoring and evaluation . they shall also promote equal opportunities for all , including access to the labour market for persons with disabilities , without discrimination based on sex , racial or ethnic origin , religion or belief , disability or health condition , age or sexual orientation throughout their preparation , implementation , monitoring and evaluation .


### modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor - made assistance and support to labour market matching , transitions and mobility ; ### modernising labour market institutions and services to assess and anticipate skills needs and ensure timely and tailor - made assistance and support to labour market matching , transitions across the life - cycle and mobility ;


### promoting equal access to and completion of , quality and inclusive education and training , in particular for disadvantaged groups , from early childhood education and care through general and vocational education and training , and to tertiary level , as well as adult education and learning , including facilitating learning mobility for all ; ### promoting equal access to and completion of , quality and inclusive education and training , ensuring it is non segregated and adequately addresses early school leaving , among others through second chance opportunities , in particular for disadvantaged groups , from early childhood education and care through general and vocational education and training , and to tertiary level , as well as adult education and learning , including facilitating learning mobility for all and accessibility for persons with disabilities ;


### enhancing the equal and timely access to quality , sustainable and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services ; ### enhancing the equal and timely access to quality , sustainable and affordable services ; modernising social protection systems , including promoting access to social protection ; improving accessibility , effectiveness and resilience of healthcare systems and long - term care services and family care services ;


### the purchase of furniture , equipment and vehicles except where the purchase is necessary for achieving the objective of the operation , or these items are fully depreciated , or the purchase of these items is the most economic option . ### the purchase of furniture , equipment and vehicles except where the purchase is necessary for achieving the objective of the operation , or these items are fully depreciated , or the purchase of these items is the most economic option , or if needed to ensure reasonable accommodation to ensure universal accessibility for persons with disabilities .


### promoting lifelong learning , notably flexible upskilling and reskilling opportunities for all taking into account digital skills , better anticipating change and new skills requirements based on labour market needs , facilitating career transitions and promoting professional mobility ; ### promoting lifelong learning , notably flexible upskilling and reskilling opportunities in formal , non - formal and informal settings , taking into account digital skills , better anticipating change and new skills requirements based on labour market needs , facilitating career transitions and promoting professional mobility and participation in society ;