### an authorisation shall be required for the provision , directly or indirectly , of technical assistance related to dual - use items , or related to the provision , manufacture , maintenance and use of dual - use items , if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended , in their entirety or in part , for any of the uses referred to in article 4 . ### an authorisation shall be required for the provision , directly or indirectly , of technical assistance related to dual - use items and cyber - surveillance technologies , or related to the provision , manufacture , maintenance and use of dual - use items and cyber - surveillance technologies , if the supplier of technical assistance has been informed by the competent authority that the items in question are or may be intended , in their entirety or in part , for any of the uses referred to in article 4 .


### if a supplier of technical assistance is aware that the dual - use items for which he proposes to supply technical assistance 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 technical assistance subject to authorisation . ### if a supplier of technical assistance is aware that the dual - use items or cyber - surveillance technologies for which he proposes to supply technical assistance 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 technical assistance subject to authorisation .


### a member state may prohibit or impose an authorisation requirement on the export of dual - use items not listed in annex i for reasons of public security or for human rights considerations . ### a member state may prohibit or impose an authorisation requirement on the export of dual - use items or cyber - surveillance technologies not listed in annex i for reasons of public security or for human rights considerations .


### the relevant commercial documents relating to intra - union transfers of dual - use items listed in annex i shall indicate clearly that those items are subject to controls if exported from the union . relevant commercial documents include , in particular , any sales contract , order confirmation , invoice or dispatch note . ### the relevant commercial documents relating to intra - union transfers of dual - use items or cyber - surveillance technologies listed in annex i shall indicate clearly that those items are subject to controls if exported from the union . relevant commercial documents include , in particular , any sales contract , order confirmation , invoice or dispatch note .


### 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 .


### where known , the end - use and end - user of the dual - use items . ### where known , the end - use and end - user of the dual - use items or cyber - surveillance technologies .


### the commission , in cooperation with the member states , shall develop a guidance to support interagency cooperation between licensing and customs authorities . ### the commission , in cooperation with the member states , shall develop guidelines to support interagency cooperation between licensing and customs authorities .


### the registers or records and the documents referred to in paragraphs 1 and 2 shall be kept for at least three years from the end of the calendar year in which the export took place or the brokering or technical assistance services were provided . they shall be produced , on request , to the competent authority . ### the registers or records and the documents referred to in paragraphs 1 and 2 shall be kept for at least five years from the end of the calendar year in which the export took place or the brokering or technical assistance services were provided . they shall be produced , on request , to the competent authority .


### “intrusion software” means “software” specially designed or modified to avoid detection by ‘ monitoring tools’ , or to defeat ‘ protective countermeasures’ , of a computer or network - capable device , and performing any of the following : the extraction of data or information , from a computer or network - capable device , or the modification of system or user data ; or b . the modification of the standard execution path of a program or process in order to allow the execution of externally provided instructions . notes : &#8220 ; intrusion software&#8221 ; does not include any of the following : hypervisors , debuggers or software reverse engineering tools ; b . digital rights management “software” ; or c . “software” designed to be installed by manufacturers , administrators or users , for the purposes of asset tracking or recovery . 2 . network - capable devices include mobile devices and smart meters . technical notes : ' monitoring tools ' : &#8220 ; software&#8221 ; or hardware devices that monitor system behaviours or processes running on a device . this includes antivirus products , end point security products , personal security products , intrusion detection systems , intrusion prevention systems or firewalls . 2 . ‘ protective countermeasures’ : techniques designed to ensure the safe execution of code , such as data execution prevention , address space layout randomisation or sandboxing . ### “intrusion software” means “software” specially designed or modified to be run or installed without ‘ authorisation’ from owners or ‘ administrators’ of computers or network - capable devices , and performing any of the following : the unauthorised extraction of data or information , from a computer or network - capable device , or the modification of system or user data ; or b . the modification of system or user data to facilitate access to data stored on a computer or network - capable device by parties other than parties authorised by the owner or ‘ administrator’ of the computer or network - capable device . notes : &#8220 ; intrusion software&#8221 ; does not include any of the following : hypervisors , debuggers or software reverse engineering tools ; b . digital rights management “software” ; or c . “software” designed to be installed by administrators or users , for the purposes of asset tracking , asset recovery or ‘ ict security testing’ ca . “software” that is distributed with the express purpose of helping detect , remove , or prevent its execution on computers or network - capable devices of unauthorised parties . 2 . network - capable devices include mobile devices and smart meters . technical notes : ' authorisation ' : the informed consent of the user . 2 . ‘ administrator’ : owner - authorised agent or user of a network , computer or network - capable device . 2a . ‘ ict security testing’ : discovery and assessment of static or dynamic risk , vulnerability , error , or weakness affecting “software” , networks , computers , network - capable devices , and components or dependencies therefor , for the demonstrated purpose of mitigating factors detrimental to safe and secure operation , use or deployment .


### list of other dual - use items ### list of cyber - surveillance technologies


### 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


### to facilitate the management of labour market adjustments , the authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as cases of restructuring or major projects impacting employment in border regions . ### to facilitate the management of labour market adjustments , the authority should facilitate cooperation among relevant stakeholders , notably the social partners in order to address labour market disruptions affecting more than one member state , such as cases of restructuring .


### promote and share best practices ; ### promote and share best practices taking into account the specific collective bargaining rights in the member states ;


### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions . ### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events with cross - border implications .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which legally offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper temporary access and use of such online content services cross border should be eliminated .


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . these practices play a strong role in the financing of european cultural content and respond to the needs of european markets . while such practices should not hamper the legitimate access to and use of online content services by consumers when they are temporarily present in another member state , the territorial licencing system remains vital for the continuation of a strong european cultural diversity .


### 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 .


### as the regulation will therefore apply to some contracts and rights acquired before the date of its application , it is also appropriate to provide for a reasonable period between the date of entry into force of this regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation , as well as allowing service providers to amend the terms of use of their services . ### as the regulation will therefore apply to some contracts and rights acquired before the date of its application , it is also appropriate to provide for a reasonable period between the date of entry into force of this regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation , as well as allowing service providers to amend the terms of use of their services . changes to the terms of use of online content services offered in packages combining an electronic communications service and an online content service made strictly in order to comply with this regulation should not trigger any right for subscribers under national laws transposing the regulatory framework for electronic communications networks and services to withdraw from contracts for the provision of such electronic communications services .


### 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 , where possible on the basis of the data available to the provider , shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 .


### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frameworks on a bilateral or multilateral basis . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . __________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 . ### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frame works on a bilateral or multilateral basis . furthermore , a reliable and efficient customs programme plays a vital role in safeguarding the financial interest of the eu . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . __________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 .


### the programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building , including human competency and the development and operation of european electronic systems . ### the programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building , including human competency and the development and operation of european electronic systems . worth noting is the cost - saving element for member states arising from the programme as it provides infrastructure and capacities that do not have to be developed and duplicated from national customs budgets .


### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur 950 000 000 in current prices . ### the financial envelope for the implementation of the programme for the period 2021 &#8211 ; 2027 shall be eur 842 844 000 in 2018 prices .


### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating the achievement of its objectives . it may moreover cover expenses relating to studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme . ### the amount referred to in paragraph 1 may also cover expenses for preparation , monitoring , control , audit , evaluation and other activities for managing the programme and evaluating its performance and the achievement of its objectives . it may moreover cover expenses relating to studies , meetings of experts , information and communication actions , in so far as they are related to the objectives of the programme , as well as expenses linked to information technology networks focusing on information processing and exchange , including corporate information technology tools and other technical and administrative assistance needed in connection with the management of the programme .


### the multiannual work programmes shall be adopted by the commission by means of implementing acts . those implementing acts shall be adopted in accordance with the procedure referred to in article 18 . ### the multiannual work programmes shall be adopted by the commission by means of implementing acts and communicated to the european parliament and the council . those implementing acts shall be adopted in accordance with the procedure referred to in article 18 .


### indicators to report on progress of the programme towards the achievement of the specific objectives set out in article 3 are set in annex 2 . ### in compliance with its reporting requirements pursuant to article [ 38 ] of the financial regulation , the commission shall present to the european parliament and the council information on performance of the programme . reporting on performance shall include information on both progress and shortfalls .


### to ensure effective assessment of progress of the programme towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 17 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework . ### indicators to report on performance of the programme towards the achievement of the specific objectives set out in article 3 are set in annex 2 . to ensure effective assessment of progress of the programme towards the achievement of its objectives , the commission is empowered to adopt delegated acts in accordance with article 17 to amend annex 2 to review or complement the indicators where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework in order to provide the european parliament and the council with updated qualitative as well as quantitative information on performance of the programme .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds . the commission shall provide the european parliament and the council with reliable information on the quality of the performance data used .


### evaluations shall be carried out in a timely manner to feed into the decision - making process . ### evaluations shall assess the programme ' s results , impact , effectiveness , efficiency , utility and eu added value and they shall be carried out in a timely manner to feed into the decision - making process . these evaluations should make a clear distinction between the implementation of the program in the european union and in third countries .


### the commission shall communicate the conclusions of the evaluations , accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall communicate the conclusions of the evaluations , accompanied by its observations and lessons learned , to the european parliament , the council , the european economic and social committee and the committee of the regions .


### where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument , the third country shall grant the necessary rights and access required for the authorizing officer responsible , the european anti - fraud office , the european court of auditors to comprehensively exert their respective competences . in the case of olaf , such rights shall include the right to carry out investigations , including on - the - spot checks and inspections , provided for in regulation no 883 / 2013 of the european parliament and of the council concerning investigations conducted by the european anti - fraud office . ### where a third country participates in the programme by a decision under an international agreement or by virtue of any other legal instrument , the third country shall grant the necessary rights and access required for the authorizing officer responsible , the european anti - fraud office , the european court of auditors and the european public prosecutor ' s office to comprehensively exert their respective competences . in the case of olaf and the eppo , such rights shall include the right to carry out investigations , including on - the - spot checks and inspections , provided for in regulations no 883 / 2013 of the european parliament and of the council concerning investigations conducted by the european anti - fraud office and by council regulation no 1939 / 2017 implementing enhanced cooperation on establishment of the eppo .


### it shall apply from [ op - insert four years after entry into force of this regulation ] . ### it shall apply from [ op - insert four years after entry into force of this regulation ] or one year after the adoption of all the delegated and implementing acts planned in the regulation , whichever date is the latest .


### the functionalities referred to in point of article 7 and those related to the customs formalities specified in point 7 of part a of the annex shall become effective when the electronic systems referred to in article 6 of regulation no 952 / 2013 which are necessary for the application of those formalities are operational , in accordance with the work programme established by the commission pursuant to articles 280 and 281 of regulation no 952 / 2013 . ### the functionalities referred to in point of article 7 and those related to the customs formalities specified in point 7 of part a of the annex shall become effective after evaluation and proof of full functionality of emswe and implementation and interoperation of all other data elements of emswe data set between national single windows of participating member states and when the electronic systems referred to in article 6 of regulation no 952 / 2013 which are necessary for the application of those formalities are operational , in accordance with the work programme established by the commission pursuant to articles 280 and 281 of regulation no 952 / 2013 .


### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . ### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . it is also appropriate to define at union level the situations where the acquisition , use and disclosure of a trade secret is lawful or unlawful , and to limit the period of application of redress procedures , for the directive to serve its purpose of consistent protection of trade secrets in the union .


### 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 .


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


### in the interest of legal certainty and considering that legitimate trade secret holders are expected to exercise a duty of care as regards the preservation of the confidentiality of their valuable trade secrets and the monitoring of their use , it appears appropriate to restrict the possibility to initiate actions for the protection of trade secrets to a limited period following the date on which the trade secret holders became aware , or had reason to become aware , of the unlawful acquisition , use or disclosure of their trade secret by a third party . ### in the interest of preserving both a smooth functioning of the internal market for research and innovation and of legal certainty , and considering that legitimate trade secret holders are expected to exercise a duty of care as regards the preservation of the confidentiality of their valuable trade secrets and the monitoring of their use , it appears appropriate to restrict the possibility to initiate actions for the protection of trade secrets to a limited period , following the date on which the trade secret holders became aware , or had reason to become aware , of the unlawful acquisition , use or disclosure of their trade secret by a third party .


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


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


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


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally , by a person who is found to meet any of the following conditions :


### member states shall ensure that there shall be no entitlement to the application for the measures , procedures and remedies provided for in this directive when the alleged acquisition , use or disclosure of the trade secret was carried out in any of the following cases : ### the acquisition , use and disclosure of trade secrets shall be considered lawful to the extent that the alleged acquisition , use or disclosure of the trade secret was carried out in any of the following cases :


### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account all relevant aspects of the case , such as the value of the trade secret , the measures taken to protect the trade secret , the intentional or unintentional conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information .


### 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 .


### national coordination centres should be selected by member states . in addition to the necessary administrative capacity , centres should either possess or have direct access to cybersecurity technological expertise in cybersecurity , notably in domains such as cryptography , ict security services , intrusion detection , system security , network security , software and application security , or human and societal aspects of security and privacy . they should also have the capacity to effectively engage and coordinate with the industry , the public sector , including authorities designated pursuant to the directive 2016 / 1148 of the european parliament and of the council23 , and the research community . _________________ 23 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### national coordination centres should be selected by member states . in addition to the necessary administrative capacity , centres should either possess or have direct access to cybersecurity technological expertise in cybersecurity , notably in domains such as cryptography , ict security services , intrusion detection , system security , network security , software and application security , or human and societal aspects of security and privacy . they should also have the capacity to effectively engage and coordinate with the industry , the public sector , including authorities designated pursuant to the directive 2016 / 1148 of the european parliament and of the council23 , and the research community . in addition , awareness shall be raised amongst the general public about cybersecurity through appropriate communicative means . _________________ 23 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### the union contributes to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance holders , pension fund participants , individual shareholders , borrowers or smes . ### the union contributes to ensuring a high level of consumer protection and to placing consumers at the heart of the single market by supporting and complementing member states ' policies in seeking to ensure that citizens can fully reap the benefits of the internal market and that , in so doing , their legal and economic interests are properly addressed and defended . a well - functioning and trustworthy financial services sector is a key component of the single market . it requires a solid framework for regulation and supervision , which simultaneously ensures financial stability and focuses on supporting a sustainable economy . at the same time , it should provide a high level of protection to consumers and other financial services end - users , including retail investors , savers , insurance policyholders , pension fund members and beneficiaries , individual shareholders , borrowers or smes .


### since 2007 , the confidence of consumers in particular and of other financial services ' end - users has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness of the financial sector , it is therefore important to increase the involvement of consumers and other end - users , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector . ### since 2007 , the confidence of consumers in particular and of other financial services ' end - users has been shaken by the financial and economic crisis . to restore citizens ' confidence in the soundness of the financial sector , it is therefore important to increase the active participation and involvement of consumers and other end - users of financial information , including retail investors , savers , insurance policyholders , pension fund members and beneficiaries , individual shareholders , borrowers or smes , as well as of stakeholders representing their interests , in the union decision - making process in the financial sector .


### to achieve this objective , the commission initiated at the end of 2011 a pilot project aimed at providing grants to support the development of a financial expertise centre to the benefit of consumers , other end - users and stakeholders representing their interests and to enhance their capacity to participate in union policy making in the field of financial services . the main policy objectives were to ensure that union policy - makers , when initiating new legislation , would be provided with views other than those expressed by the financial sector professionals , that the wider public is better informed about issues at stake in financial regulation and that the participation of consumers , is enhanced in union policy - making in the area of financial services , resulting in well - balanced legislation . ### to achieve this objective , the commission initiated at the end of 2011 a pilot project aimed at providing grants to support the development of a financial expertise centre to the benefit of consumers , other end - users and stakeholders representing their interests and to enhance their capacity to participate in union policy making in the field of financial services . the main policy objectives were to ensure that union policy - makers , when initiating new legislation , would be provided with views other than those expressed by the financial sector professionals , that the wider public is better informed about issues at stake in financial regulation , enhance financial literacy and that the active participation of consumers and other end - users of financial information , including retail investors , savers , insurance policyholders , pension fund members and beneficiaries , individual shareholders , borrowers or smes , is enhanced in union policy - making in the area of financial services , resulting in well - balanced legislation .


### 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 ;


### to contribute to the information of consumers and other financial services end - users , as well as stakeholders representing their interests , about issues at stake in the regulation of the financial sector . ### to contribute to the information 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 , about issues at stake in the regulation of the financial sector .


### in order to implement the programme , the commission shall adopt annual work programmes . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs . ### in order to implement the programme , the commission shall assess and endorse the annual work programmes , unless any of the activities stated in the work programme does not promote objectives in line with the values and objectives of the union . those annual work programmes shall set out the objectives to be pursued , the expected results of the actions performed by the beneficiaries , the method of implementation of those actions and the total amount required to perform those actions . they shall also contain a detailed description of the actions to be financed , an indication of the amount allocated to each action and an indicative implementation timetable . for the action grants , the annual work programmes shall set out priorities and essential award criteria . the maximum rate of co - financing shall be 60% of eligible costs .


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services which retransmit television or radio programmes including works or other protected subject matter perform an act of communication to the public , whether the television or radio programmes are retransmitted using the same technology as that used for the original broadcast or a different one and whether or not the retransmission is performed in the area of reception , actual or intended , of the original broadcast .


### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu18and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . _________________ 18 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market , oj l 84 , 20 . 3 . 2014 , p . 72–98 . ### in order to provide legal certainty to operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile or similar networks , and to overcome disparities in national law regarding such retransmission services , rules similar to those that apply to cable retransmission as defined in directive 93 / 83 / eec should apply . the rules established in that directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation . this is without prejudice to directive 2014 / 26 / eu and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation . the right of prohibition as such is maintained , and only the way in which it is exercised is regulated to a certain extent . this also implies that it is always possible to decide whether or not to grant the right of retransmission .


### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union , ### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , be better achieved at union level , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights with a view to providing such services in any memberstate .


### the financial intervention by the union under specific objective 4 . advanced digital skills shall support the development of advanced digital skills in areas supported by this programme , thus contributing to increase europe’s talent pool , fostering greater professionalism , especially with regard to high performance computing , big data analytics , cybersecurity , distributed ledger technologies , robotics and artificial intelligence . the financial intervention shall pursue the following operational objectives : ### the financial intervention by the union under specific objective 4 . advanced digital skills shall support the development of advanced digital skills in areas supported by this programme , thus contributing to increase europe’s talent pool , fostering greater professionalism , especially with regard to high performance computing , big data analytics , cybersecurity , attack counteracting , distributed ledger technologies , robotics and artificial intelligence . to ensure relevant courses and short - and long - term training there should be consideration of different levels of skills from basic level to upskilling experienced and highly skilled it - professionals . the financial intervention shall pursue the following operational objectives :


### facilitate the development , update and use of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks ; ### facilitate the development , deployment and update of solutions and frameworks by european public administrations , businesses and citizens , including the re - use of interoperability solutions and frameworks ;


### technical and scientific work , including studies and coordination activities , necessary to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments . ### technical and scientific work , including studies and coordination activities , necessary to safeguard prevention of the appearance of new as well as unknown pests and diseases and to ensure the correct implementation of the legislation in the area related to the specific objective referred to in article 3 and the adaptation of that legislation to scientific , technological and societal developments .


### article 2 of the association agreement provides that the respect for democratic principles , human rights and fundamental freedoms and respect for the principle of the rule of law , constitute essential elements of that agreement . it is appropriate to introduce the possibility to temporarily suspend the preferences in case of failure to respect the fundamental principles of human rights , democracy and the rule of law by ukraine . ### article 2 of the association agreement provides that the respect for democratic principles , human rights and fundamental freedoms and respect for the principle of the rule of law , constitute essential elements of that agreement . it is appropriate to introduce the possibility to temporarily suspend the preferences in the case of failure to respect the fundamental principles of human rights , democracy and the rule of law by ukraine , as has been done in other association agreements signed by the union .


### building on the previous system of cross - compliance implemented until 2020 , the system of new conditionality links full receipt of cap support to the compliance by beneficiaries of basic standards concerning the environment , climate change , public health , animal health , plant health and animal welfare . the basic standards encompass in a streamlined form a list of statutory management requirements and standards of good agricultural and environmental conditions of land . these basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the cap , thus delivering a higher level of environmental and climate ambition as the commission announced in its communications on the ‘ future of food and farming’ and the multiannual financial framework . conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards . it also aims to make the cap more compatible with the expectations of society through improving consistency of the policy with the environment , public health , animal health , plant health and animal welfare objectives . conditionality should form an integral part of the environmental architecture of the cap , as part of the baseline for more ambitious environmental and climate commitments , and should be comprehensively applied across the union . for those farmers who do not comply with those requirements , member states should ensure that proportionate , effective and dissuasive penalties are applied in accordance with [ the hzr regulation ] . ### building on the previous system of cross - compliance implemented until 2020 , the system of new conditionality links full receipt of cap support to the compliance by beneficiaries of basic standards concerning the environment , climate change , public health , animal health , plant health and animal welfare . the basic standards encompass in a streamlined form a list of statutory management requirements and standards of good agricultural and environmental conditions of land . these basic standards should better take into account the environmental and climate challenges and the new environmental architecture of the cap , thus delivering a higher level of environmental and climate ambition as the commission announced in its communications on the ‘ future of food and farming’ and the multiannual financial framework . conditionality aims to contribute to the development of sustainable agriculture through better awareness on the part of beneficiaries of the need to respect those basic standards . it also aims to make the cap more compatible with the expectations of society through improving consistency of the policy with the environment , public health , animal health , plant health and animal welfare objectives . beneficiaries should also be appropriately compensated for delivering these standards . conditionality should form an integral part of the environmental architecture of the cap , as part of the baseline for more ambitious environmental and climate commitments , and should be comprehensively applied across the union . for those farmers who do not comply with those requirements , member states should ensure that proportionate , effective and dissuasive penalties are applied in accordance with [ the hzr regulation ] .


### installation of young farmers and rural business start - up ; ### installation of young farmers , rural business start - up and business development ;


### member states shall establish a list of ineligible investments and categories of expenditure , including at least the following : ### member states shall establish a non - exhaustive list of ineligible investments and categories of expenditure , including at least the following :


### purchase of land with the exception of land purchase for environmental conservation or land purchased by young farmers through the use of financial instruments ; ### purchase of land with the exception of land purchase for environmental conservation , purchase of land not built on and land built on up to 10 % of the total eligible expenditure for the operation concerned or land purchased by young farmers and other entrepreneurs through the use of financial instruments ;


### the start - up of rural business linked to agriculture and forestry or farm household income diversification ; ### the start - up and development of rural business activities linked to agriculture , forestry , bioeconomy , circular economy , tourism and other sectors in rural areas or farm household income diversification ;


### the business start - up of non - agricultural activities in rural areas being part of local development strategies . ### the business start - up and development of non - agricultural activities in rural areas .


### the member state shall provide to the commission all necessary additional information and , where appropriate , revise the proposed plan . ### the commission shall provide the member state with a list of the specific information needed to evaluate the approval of the plan . the member state shall provide to the commission the additional information requested and , where appropriate , revise the proposed plan . if the commission deems information provided by the member state insufficient , the commission shall provide reasons for the decision .


### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally or partially responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled . member states should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship . member states should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment , to provide cost - free mandatory training , and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement . ### several different natural or legal persons may in practice assume the functions and responsibilities of an employer . member states should remain free to determine more precisely the person who are considered totally or partially responsible for the execution of the obligations that this directive lays down for employers , as long as all those obligations are fulfilled in line with the corporate social responsibility of an entity founded on work . member states should also be able to decide that some or all of these obligations are to be assigned to a natural or legal person who is not party to the employment relationship . member states should be able to establish specific rules to exclude individuals acting as employers for domestic workers in the household from the obligations to consider and respond to a request for a different type of employment , to provide cost - free mandatory training , and from coverage of the redress mechanism based on favourable presumptions in the case of missing information in the written statement .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain our rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and to fostering the rich diversity of european society , also based on our common history and memory . article 11 of the eu treaty further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain our rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people’s democratic , civic and social participation and to fostering the rich diversity of european society , also based on our common history and memory . a strong and independent women’s rights and lgtbi movement is essential for improving gender equality . it is key for the eu , in line with its core values , to provide sufficient support to these organisations , grassroots groups and defenders , particularly those working in challenging contexts . article 11 of the eu treaty further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action .


### financing should remain one of the important tools for the successful implementation of the ambitious goals set by the treaties . they should be attained inter alia by establishing a flexible and effective justice programme which should facilitate planning and implementation of those goals . ### financing should remain one of the important tools for the successful implementation of the ambitious goals set by the treaties . they should be attained inter alia by establishing a flexible and effective justice programme , which should facilitate planning and implementation of those goals . the programme should support the work of women´s rights organisations and human rights defenders in the eu and worldwide , in upholding the rule of law and initiatives that counteract the increasingly shrinking space for independent civil society . the specific situation of small and medium - sized civil society organisations that need multiannual operating grants and unearmarked funding , covering core and structural expenses , rather than short - term , project - based funding , should be duly taken into account .


### 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 .


### to facilitate effective access to justice for all and effective redress , including by electronic means , by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime as well as the procedural rights of suspects and accused persons in criminal proceedings . ### to facilitate effective , equal and discrimination free access to justice for all and effective redress , including by electronic means , by promoting efficient civil and criminal procedures and by promoting and supporting the rights of victims of crime , particularly women and children , as well as the procedural rights of suspects and accused persons in criminal proceedings .


### indicators to report on progress of the programme towards the achievement of the specific objectives set out in article 3 are set out in annex ii . ### gender - disaggregated indicators to report on progress of the programme towards the achievement of the specific objectives set out in article 3 are set out in annex ii .


### evaluations shall be carried out in a timely manner to feed into the decision - making process . ### evaluations shall be carried out in a timely manner to feed into the decision - making process and to monitor the implementation of actions carried out under the programme and the achievement of the specific objectives set out in article 3 and in accordance with article 5 . all evaluations shall be gender sensitive and include a specific chapter on gender equality with a detailed analysis of the programme budget dedicated to gender equality related activities .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . the group of experts consulted shall be gender balanced .


### awareness raising , dissemination of information to improve the knowledge of union policies and of union law including substantive and procedural law , of judicial cooperation instruments , of the relevant case - law of the court of justice of the european union , and of comparative law and of european and international standards ; ### awareness raising , dissemination of information to improve the knowledge of union policies and of union law including substantive and procedural law , of judicial cooperation instruments , of the relevant case - law of the court of justice of the european union , and of comparative law and of european and international standards ; activities by civil society organisations including advocacy , litigation , public mobilisation and education , and the provision of human rights - based services ; targeted support to local and national csos working on local and national issues .


### training relevant stakeholders to improve the knowledge of union policies and union law including inter alia substantive and procedural law , the use of eu judicial cooperation instruments , the relevant case - law of the court of justice of the european union , legal language and of comparative law . ### training relevant stakeholders to improve the knowledge of union policies and union law including inter alia substantive and procedural law , union law on rights , support and protection of victims of crime , the use of eu judicial cooperation instruments , the relevant case - law of the court of justice of the european union , legal language and of comparative law .


### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data will be collected as regards the following set of key indicators : ### the programme will be monitored on the basis of a set of indicators intended to measure the extent to which the general and specific objectives of the programme have been achieved and with a view to minimising administrative burdens and costs . to that end , data where applicable disaggregated by gender and age , will be collected as regards the following set of key indicators :


### this regulation should not affect acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters . ### this regulation should be without prejudice to acts of union law concerning judicial cooperation in civil matters , notably the provisions on the law applicable to contractual obligations and on jurisdiction set out in regulations no 593 / 2008 of the european parliament and of the council24 and 1215 / 2012 of the european parliament and of the council25 , including the application of those acts and provisions in individual cases . in particular , the mere fact that a trader acts in accordance with the provisions of this regulation should not be construed as implying that he directs his activities to the consumer ' s member state for the purpose of such application . for that reason , and in order to ensure legal certainty for traders complying with this regulation , it should be made clear that the mere fact that a trader makes its online interface accessible for customers from another member state or does not apply different general conditions of access in the cases laid down in this regulation , including where relevant through the conclusion of contracts , or accepts payment instruments from another member state , should not in itself be regarded , for the purpose of determining the applicable law and jurisdiction , as indicating that the trader ' s activities are directed to the member state of the consumer , unless additional elements are proved from which the existence of an intention on the part of the trader to direct activities to such member states in accordance with union law can be concluded . _________________ 24 regulation no 593 / 2008 of the european parliament and of the council of 17 june 2008 on the law applicable to contractual obligations . 25 regulation no 1215 / 2012 of the european parliament and of the council of 12 december 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters .


### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax ### traders falling under the special scheme provided in chapter 1 of title xii of council directive 2006 / 112 / ec27 are not required to pay vat in the member state where they are established . for those traders , when providing electronically supplied services , the prohibition of applying different general conditions of access for reasons related to the nationality , place of residence or place of establishment of the customer would imply a requirement to register in order to account for vat of other member states and might entail additional costs , which would be a disproportionate burden , considering the size and characteristics of the traders concerned . therefore , those traders should be exempted from that prohibition for such time as such a scheme is applicable . _________________ 27 council directive 2006 / 112 / ec of 28 november 2006 on the common system of value added tax


### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . ### under union law , traders are in principle free to decide which means of payment they wish to accept , including payment brands . however , once this choice has been made , in view of the existing legal framework for payment services , there are no reasons for traders to discriminate customers within the union by refusing certain commercial transactions , or by otherwise applying certain different conditions of payment in respect of those transactions , for reasons related to the nationality , place of residence or place of establishment of the customer . in this particular context , such unjustified unequal treatment for reasons related to the location of the payment account , the place of establishment of the payment service provider or the place of issue of the payment instrument within the union should be expressly prohibited as well . it should be further recalled that regulation no 260 / 2012 already prohibits all payees , including traders , from requiring bank accounts to be located in a certain member state for a payment in euro to be accepted . the trader should remain free to request charges for the use of a payment instrument . however , this right is subject to the restriction introduced by article 62 of the directive 2015 / 2366 , meaning amongst others that these additional charges cannot be higher than the actual cost the trader has incurred .


### ' online interface ' means any software , including a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ; ### ' online interface ' means any software , including a website or part of a website and applications , operated by or on behalf of a trader , which serves to give customers access to the trader ' s goods or services with a view to engaging in a commercial transaction with respect to those goods or services ;


### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer originally sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection . ### traders shall not , for reasons related to the nationality , place of residence or place of establishment of the customer , redirect customers to a version of their online interface that is different from the online interface which the customer first sought to access , by virtue of its layout , use of language or other characteristics that make it specific to customers with a particular nationality , place of residence or place establishment , unless the customer gives his or her explicit consent prior to such redirection .


### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer originally sought to access . ### where a trader blocks or limits access of customers to an online interface or redirects customers to a different version of the online interface in compliance with paragraph 4 , the trader shall provide a clear justification . that justification shall be given in the language of the online interface that the customer first sought to access .


### since the objective of this regulation , namely to contribute to the institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , governance , administration , economic and social sectors , including through assistance for the efficient and effective use of the union funds cannot be sufficiently achieved by the member states alone , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , since the scope of the support would be mutually agreed with the member state concerned . ### since the objective of this regulation , namely to contribute to the institutional , administrative and structural reforms in the member states by providing support to national authorities for measures aimed at reforming institutions , the territorial governance structure at national , regional , and local level , administration , economic and social sectors , including through assistance for the efficient and effective use of the union funds , cannot be sufficiently achieved by the member states alone , but can rather , by reason of their scale and effects , be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this regulation does not go beyond what is necessary in order to achieve that objective , since the scope of the support would be mutually agreed with the member state concerned .


### the development and implementation of solutions that address national challenges which have impact on cross - border or union - wide challenges ; ### the development and implementation of solutions that address national challenges which have impact on cross - border or union - wide challenges , and that contribute to social and economic cohesion ;


### to assist the national authorities to enhance the efficiency and effectiveness of human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills . ### to assist the national , regional , and local authorities to enhance the efficiency and effectiveness of human resources management , where appropriate , through definition of clear responsibilities and increase of professional knowledge and skills .


### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can deploy and access state - of - the - art digital technologies , in particular high performance computing , artificial intelligence and cybersecurity ; ### ensure that the public sector and areas of public interests , such as health and care , education , judiciary , transport , energy , environment , cultural and creative sectors , can deploy , access and&#160 ; have the necessary skills through training&#160 ; to use&#160 ; state - of - the - art digital technologies , in particular high performance computing , artificial intelligence and cybersecurity ;


### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications . ### the esf + should provide support to improving the quality , effectiveness and labour market relevance of education and training systems in order to facilitate the acquisition of key competences notably as regards digital skills which all individuals need for personal fulfilment and development , employment , social inclusion and active citizenship . the esf + should help progression within education and training and transition to work and reintegration to work , support lifelong learning and employability , and contribute to competitiveness and societal and economic innovation by supporting scalable and sustainable initiatives in these fields . this could be achieved for example through work - based learning and apprenticeships , lifelong guidance , skills anticipation in cooperation with industry , up - to - date training materials , forecasting and graduate tracking , training of educators , validation of learning outcomes and recognition of qualifications .


### the esf + should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived . with a view that at union level at least 4% of the resources of the esf + strand under shared management supports the most deprived , member states should allocate at least 2% of their national resources of the esf + strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact , such as homelessness , child poverty and food deprivation . due to the nature of the operations and the type of end recipients , it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived . ### the esf + should contribute to the reduction of poverty by supporting national schemes aiming to alleviate food and material deprivation and promote social integration of people at risk of poverty or social exclusion and the most deprived . with a view that at union level at least 4% of the resources of the esf + strand under shared management supports the most deprived , member states should allocate at least 2% of their national resources of the esf + strand under shared management to address the forms of extreme poverty with the greatest social exclusion impact , such as homelessness , child poverty and food deprivation , while maintaining the minimum level of basic social security within the national social security schemes . due to the nature of the operations and the type of end recipients , it is necessary that simpler rules apply to support which addresses material deprivation of the most deprived .


### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion . ### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 30% of their national esf + resources under shared management to fostering social inclusion and combating extreme poverty .


### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion . ### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 30% of their national esf + resources of the esf + strand under shared management to poverty eradication and fostering social inclusion and integration .


### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 25% of their national esf + resources of the esf + strand under shared management to fostering social inclusion . ### to ensure that the social dimension of europe as set out in the european pillar of social rights is duly put forward and that a minimum amount of resources is targeting those most in need member states should allocate at least 30% of their national esf + resources of the esf + strand under shared management to fostering social inclusion and fighting absolute poverty .