### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods by entering novel foods already authorised or notified in accordance with article 4 , 5 or 7 of regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . ### novel foods should not be placed on the market or used in food for human consumption unless they are included in a union list of novel foods authorised to be placed on the market within the union . therefore , it is appropriate to establish , by means of an implementing act , a union list of novel foods already authorised or notified in accordance with regulation no 258 / 97 in the union list , including any existing authorisation conditions . as those novel foods have already been evaluated for their safety , have been legally produced and marketed in the union and have not given rise to health concerns in the past , the advisory procedure should be used for the initial establishment of the union list . the list should be transparent , easily accessible and regularly updated .


### it is appropriate to authorise a novel food by updating the union list subject to the criteria and the procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use it is appropriate to provide for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect . ### it is appropriate to authorise a novel food by updating the union list subject to the criteria and procedures laid down in this regulation . a procedure that is efficient , time - limited and transparent should be put in place . as regards traditional foods from third countries having a history of safe use the applicants should be able to opt for a faster and simplified procedure to update the union list if no reasoned safety objections are expressed . as the updating of the union list implies the application of criteria laid down in this regulation , implementing powers should be conferred on the commission in that respect .


### criteria for the evaluation of the safety risks arising from novel foods should also be laid down . in order to ensure the harmonised scientific assessment of novel foods , such assessments should be carried out by the european food safety authority . ### criteria for the assessment of the safety risks arising from novel foods should also be laid down . in order to ensure the harmonised scientific assessment of novel foods , such assessments should be carried out by efsa whose assessments should prevail in case of diverging opinions on the safety of food .


### the procedure for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the application shall include : the name and description of the novel food ; the composition of the novel food ; scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; where applicable , a proposal for the conditions of use and a proposal for specific labelling requirements which do not mislead the consumer . ### the procedures for authorising the placing on the market within the union of a novel food and updating of the union list provided for in article 8 shall start either on the commission ' s initiative or following an application to the commission by an applicant . the commission shall make the application available to the member states . the application shall include : the name and address of the applicant ; the name and description of the novel food ; the production process ; the composition of the novel food ; scientific evidence demonstrating that the novel food does not pose a safety risk to human health ; where applicable , the analysis method ; where applicable , a proposal for the conditions of use and a proposal for specific labelling requirements which do not mislead the consumer .


### by way of derogation from paragraph 3 , the commission may end the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified . ### by way of derogation from paragraph 3 , the commission may terminate the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified .


### the applicant may withdraw its application referred to in paragraph 1 at any time before the adoption of efsa ' s opinion referred to in paragraph 2 , thereby terminating the procedure for authorising a novel food and updating the union list . ### the applicant may withdraw its application at any time , thereby terminating the procedure for authorising a novel food and updating the union list .


### under specific circumstances , in order to stimulate research and development within the agri - food industry , and thus innovation , it is appropriate to protect the investment made by innovators in gathering the information and data provided in support of an application for a novel food made in accordance with this regulation . the newly developed scientific evidence and proprietary data provided in support of an application for inclusion of a novel food in the union list should be protected . those data and information should , for a limited period of time , not be used to the benefit of a subsequent applicant , without the agreement of the prior applicant . the protection of scientific data provided by one applicant should not prevent other applicants from seeking the inclusion in the union list on the basis of their own scientific data or by referring to the protected data with the agreement of the prior applicant . however , the overall five year period of data protection which has been granted to the prior applicant should not be extended due to the granting of data protection to subsequent applicants . ### under specific circumstances , in order to stimulate research and development within the agri - food industry , and thus innovation , it is appropriate to protect the investment made by the applicants in gathering the information and data provided in support of an application for a novel food made in accordance with this regulation . the newly developed scientific evidence and proprietary data provided in support of an application for inclusion of a novel food in the union list should be protected . those data and information should , for a limited period of time , not be used to the benefit of a subsequent applicant , without the agreement of the initial applicant . the protection of scientific data provided by an applicant should not prevent other applicants from seeking the inclusion in the union list on the basis of their own scientific data or by referring to the protected data with the agreement of the initial applicant . however , the overall five year period of data protection which has been granted to the initial applicant should not be extended due to the granting of data protection to subsequent applicants .


### under specific circumstances , in order to stimulate research and development within the agri - food industry , and thus innovation , it is appropriate to protect the investment made by innovators in gathering the information and data provided in support of an application for a novel food made in accordance with this regulation . the newly developed scientific evidence and proprietary data provided in support of an application for inclusion of a novel food in the union list should be protected . those data and information should , for a limited period of time , not be used to the benefit of a subsequent applicant , without the agreement of the prior applicant . the protection of scientific data provided by one applicant should not prevent other applicants from seeking the inclusion in the union list on the basis of their own scientific data or by referring to the protected data with the agreement of the prior applicant . however , the overall five year period of data protection which has been granted to the prior applicant should not be extended due to the granting of data protection to subsequent applicants . ### under specific circumstances , in order to stimulate research and development within the agri - food industry , and thus innovation , it is appropriate to protect the investment made by innovators in gathering the information and data provided in support of an application for a novel food made in accordance with this regulation . the newly developed scientific evidence and proprietary data provided in support of an application for inclusion of a novel food in the union list should be protected . those data and information should , for a limited period of time , not be used to the benefit of a subsequent applicant , without the agreement of the prior applicant . the protection of scientific data provided by one applicant should not prevent other applicants from seeking the inclusion in the union list on the basis of their own scientific data or by referring to the protected data with the agreement of the prior applicant . however , the overall ten year period of data protection which has been granted to the prior applicant should not be extended due to the granting of data protection to subsequent applicants .


### for those applications which have been submitted under regulation no 258 / 97 before the date of application of this regulation risk assessment and authorisation procedures should be concluded in accordance with this regulation . furthermore , due to clarification of the definition of novel food laid down in this regulation and to enhance legal certainty , a food that was legally placed on the market at the date of application of this regulation , should in principle be allowed to be placed on the market until the risk assessment and authorisation procedures have been concluded . therefore , transitional rules should be laid down to ensure a smooth transition to the rules of this regulation . ### for those applications which have been submitted under regulation no 258 / 97 before the date of application of this regulation risk assessment and authorisation procedures should be concluded in accordance with this regulation . furthermore , due to clarification of the definition of novel food laid down in this regulation and to enhance legal certainty , a food that was legally placed on the market at the date of application of this regulation , should in principle be allowed to be placed on the market until the risk assessment and authorisation procedures have been concluded . therefore , transitional provisions should be laid down to ensure a smooth transition to the rules of this regulation .


### subject matter and scope ### subject matter , purpose and scope


### food business operators shall consult a member state where they are unsure whether or not a food which they intend to place on the market within the union falls within the scope of this regulation . in that case , food business operators shall provide the necessary information to the member state on request to enable it to determine in particular the extent to which the food in question was used for human consumption within the union before 15 may 1997 . ### where they are unsure whether or not a food which they intend to place on the market within the union falls within the scope of this regulation , food business operators shall consult a member state . food business operators shall provide the necessary information to the member state on request to enable it to determine whether or not a food falls within the scope of this regulation .


### the commission may , by means of implementing acts , specify the procedural steps of the consultation process provided for in paragraph 2 . ### by . . . + the commission shall adopt an implementing act establishing guidance specifying which forms of food or food ingredient fall within the scope of this regulation for each of the categories in article 2 and the procedural steps of the consultation process . ____________________ + publications office : please insert date : 12 months after the entry into force of this regulation .


### only novel foods authorised and included in the union list may be placed on the market within the union as such and used in or on foods under the conditions of use specified therein . ### only novel foods authorised and included in the union list may be placed on the market within the union as such and / or used in or on foods according to the conditions of use and to the labelling requirements specified therein .


### contents of the union list ### contents and updating of the union list


### the entry for a novel food in the union list provided for in paragraph 2 shall include where relevant : a specification of the novel food ; the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; a post - market monitoring requirement in accordance with article 23 . ### the entry for a novel food in the union list provided for in paragraph 2 shall include the specification of the novel food and where relevant : the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; post - market monitoring requirements in accordance with article 23 .


### where the commission requests an opinion from efsa , it shall forward the valid application to efsa . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : whether the novel food concerned is as safe as food from a comparable food category already existing on the market within the union ; whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . ### where the commission requests an opinion from efsa , it shall forward the valid application to efsa within one month . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . in assessing the safety of novel foods , efsa shall , where appropriate , consider the following : whether the novel food concerned is as safe as food from a comparable food category already existing on the market within the union ; whether the composition of the novel food and the conditions of its use do not pose a safety risk to human health in the union . whether a novel food , which is intended to replace another food , does not differ from that food in such a way that its normal consumption would be significantly nutritionally disadvantageous for the consumer .


### efsa shall forward its opinion to the commission , the member states and , where applicable , to the applicant . ### efsa shall forward its opinion to the commission , the member states and to the applicant .


### in duly justified cases , where efsa requests additional information from the applicant , the period of nine months provided for in paragraph 1 may be extended . after consulting the applicant , efsa shall specify a period within which that additional information may be provided and shall inform the commission of the additional period required . where the commission does not object within eight working days of being informed by efsa , the period of nine months provided for in paragraph 1 shall be automatically extended by that additional period . the commission shall inform the member states of that extension . ### in duly justified cases , where efsa requests additional information from the applicant , the nine month period provided for in paragraph 1 may be extended . after consulting the applicant , efsa shall specify a period within which that additional information is to be provided and shall inform the commission thereof . where the commission does not object within eight working days of being informed by efsa , the nine month period provided for in paragraph 1 shall be automatically extended by that additional period . the commission shall inform the member states of that extension .


### efsa shall make the additional information referred to in paragraph 3 available to the commission and to the member states . ### efsa shall make the additional information referred to in paragraphs 3 and 5 available to the commission and to the member states .


### within nine months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 where applicable ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 . ### within six months from the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act updating the union list taking account of : the conditions provided for in article 6 ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 .


### notification of traditional foods from third countries an applicant , who intends to place on the market within the union a traditional food from a third country , shall notify that intention to the commission . the notification shall include the following information : the name and a description of the traditional food ; its composition ; its country of origin ; documented data demonstrating the history of safe food use in a third country ; where applicable , the conditions of use and specific labelling requirements , which do not mislead the consumer . ### notification of traditional foods from third countries an applicant , who intends to place on the market within the union a traditional food from a third country , may opt to submit a notification of that intention to the commission . the notification shall include the following information : the name and address of the applicant ; the name and a description of the traditional food ; its composition ; its country of origin ; documented data demonstrating the history of safe food use in a third country ; where applicable , the conditions of use and specific labelling requirements , which do not mislead the consumer .


### procedure for traditional foods from third countries ### procedure for notifying the placing on the market of traditional foods from third countries


### the commission shall forward the valid notification provided for in article 13 without delay to the member states and to efsa . ### the commission shall forward the valid notification provided for in article 13 within one month to the member states and to efsa .


### the commission shall inform the member states , efsa and the applicant of the outcome of the procedure referred to in paragraph 2 . ### the commission shall inform the applicant of any reasoned safety objection as soon as it is submitted . the member states , efsa and the applicant shall be informed of the outcome of the procedure referred to in paragraph 2 .


### the application provided for in article 14 shall include in addition to the information already provided in accordance with article 13 , documented data relating to the reasoned safety objections submitted in accordance with article 14 . ### the application provided for in the second subparagraph of article 14 shall include in addition to the information already provided in accordance with article 13 , documented data relating to the reasoned safety objections submitted in accordance with article 14 .


### in duly justified cases , where efsa requests additional information from the applicant , the period of six months provided for in paragraph 1 may be extended . after consulting the applicant , efsa shall specify a period within which that additional information may be provided and shall inform the commission of the additional period needed . where the commission does not object within eight working days of being informed by efsa , the period of six months provided for in paragraph 1 shall be automatically extended by that additional period . the commission shall inform the member states of that extension . ### in duly justified cases , where efsa requests additional information from the applicant , the six - month period provided for in paragraph 1 may be extended . after consulting the applicant , efsa shall specify a period within which that additional information is to be provided and shall inform the commission thereof . where the commission does not object within eight working days of being informed by efsa , the six - month period provided for in paragraph 1 shall be automatically extended by that additional period . the commission shall inform the member states of that extension .


### in such cases , efsa shall give its opinion within the period of six months provided for in paragraph 1 . ### in such cases , efsa shall give its opinion within the six - month period provided for in paragraph 1 .


### authorisation of a traditional food from a third country and update of the union list ### authorisation of a traditional food from a third country and updates of the union list


### within three months of the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act to authorise the placing on the market within the union of the traditional food from a third country and to update the union list , taking into account the following : the conditions provided for in article 6 where applicable ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 . ### within three months of the date of publication of efsa ' s opinion , the commission shall submit to the committee referred to in article 27 a draft implementing act authorising the placing on the market within the union of the traditional food from a third country and shall update the union list , taking into account the following : the conditions provided for in article 6 ; any relevant provisions of union law ; the efsa ' s opinion ; any other legitimate factors relevant to the application under consideration . that implementing act shall be adopted in accordance with the examination procedure referred to in article 27 .


### by way of derogation from paragraph 1 , the commission may end the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified . where applicable , it shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration . ### by way of derogation from paragraph 1 , the commission may terminate the authorisation procedure and decide not to proceed with an update , at any stage of the procedure , where it considers that such an update is not justified . where applicable , the commission shall take account of the views of member states , the efsa ' s opinion and any other legitimate factors relevant to the update under consideration .


### for removing a traditional food from a third country from the union list or for adding , removing or changing conditions , specifications or restrictions associated with the inclusion of a traditional food from a third country on the union list , articles 9 to 12 apply . ### articles 9 to 12 apply for removing a traditional food from a third country from the union list or for adding , removing or changing specifications , conditions of use , additional specific labelling requirements or post - market monitoring requirements associated with the inclusion of a traditional food from a third country on the union list .


### implementing power concerning administrative and scientific requirements concerning traditional foods from third countries by . . . 25 the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information required to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation . ### implementing acts laying down administrative and scientific requirements concerning traditional foods from third countries by . . . 25the commission shall adopt implementing acts concerning : the contents , drafting and presentation of the notification provided for in article 13 and of the application provided for in article 14 ; the arrangements for checking the validity of those notifications and applications ; the procedural steps for the exchange of information with the member states and with efsa for submitting reasoned safety objections as referred to in article 14 , and ; the type of information to be included in the opinion of efsa referred to in article 16 . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 27 . ____________________ 25 publications office : please insert date : 24 months after the date of entry into force of this regulation .


### confidentiality of the application for updating of the union list ### confidentiality of application for updates of the union list


### applicants may request confidential treatment of certain information submitted under this regulation where disclosure of such information may significantly harm their competitive position . ### applicants may request confidential treatment of certain information submitted under this regulation where disclosure of such information may harm their competitive position .


### for the purposes of paragraph 1 , applicants shall indicate which of the information provided they wish to be treated as confidential and provide all the necessary information to substantiate their request for confidentiality . verifiable justification shall be given in such cases . ### for the purposes of paragraph 1 , applicants shall indicate which parts of the information provided they wish to be treated as confidential and provide all the necessary information to substantiate their request for confidentiality . verifiable justification shall be given in such cases .


### after being informed of the commission’s position on the request , applicants may withdraw their application within three weeks so as to preserve the confidentiality of the information provided . confidentiality shall be preserved until that period expires . ### after the commission ' s position on the request has been communicated , confidentiality shall be observed for a period of three weeks in case the applicant decides to withdraw the application .


### after expiry of the time period referred to in paragraph 3 , the commission may decide after consulting with the applicants which information may remain confidential and , in the case a decision has been taken , shall notify the member states and the applicants accordingly . however , confidentiality shall not apply to the following information : the name and address of the applicant ; the name and description of the novel food ; the proposed use of the novel food ; a summary of the studies submitted by the applicant ; where applicable , the analysis method . ### after expiry of the time period referred to in paragraph 3 , if the applicant has not withdrawn the application , the commission shall decide , giving serious consideration to the applicant ' s request , which parts of the information shall remain confidential and , in case a decision has been taken , notify the member states and the applicant accordingly . however , confidentiality shall not apply to the following information : the name and address of the applicant ; the name and description of the novel food ; the proposed conditions of use of the novel food ; a summary of the studies submitted by the applicant ; the results of the studies carried out to demonstrate the safety of the food .


### the application of paragraphs 1 to 6 shall not affect the circulation of information concerning the application between the commission , the member states and efsa ### the application of paragraphs 1 to 6 shall not affect the exchange of information concerning the application between the commission , the member states and efsa


### on request by the applicant , supported by appropriate and verifiable information included in the application provided for in article 9 , newly developed scientific evidence or scientific data supporting the application may not be used for the benefit of a subsequent application during a period of five years from the date of the authorisation and the inclusion of the novel food in the union list without the agreement of the prior applicant . ### on request by the applicant , supported by appropriate and verifiable information included in the application provided for in article 9 , newly developed scientific evidence or scientific data supporting the application may not be used for the benefit of a subsequent application during a period of five years from the date of the authorisation of the novel food without the agreement of the initial applicant .


### the fact that the novel food is authorised for placing on the market within the union only by the applicant specified in point during the period of data protection , unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data designated as such by the prior applicant or with the agreement of the prior applicant ; ### the fact that the novel food is authorised for placing on the market within the union only by the applicant specified in point during the period of data protection , unless a subsequent applicant obtains authorisation for the novel food without reference to the proprietary scientific evidence or scientific data designated as such by the prior applicant or with the agreement of the initial applicant ;


### scientific evidence or scientific data protected in accordance with article 24 or for which the protection period under that article has expired shall not be protected again . ### scientific evidence or scientific data protected in accordance with article 24 or for which the protection period under that article has expired shall not be granted renewed protection .


### the issuing member state shall ensure that requested persons , that exercise their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state , according to article 10 of directive 2013 / 48 / eu , have the right to legal aid in that member state for the purpose of the european arrest warrant proceedings in the executing member state . ### the issuing member state shall fully assess whether it is proportionate and in the interests of justice , for the requested persons that are exercising their right to appoint a lawyer in the issuing member state to assist the lawyer in the executing member state , according to article 10 of directive 2013 / 48 / eu , to be eligible for legal aid in that member state for the purpose of the european arrest warrant proceedings in the executing member state ;


### the support and funding for initiatives should be transparent . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . ### the support and funding for initiatives should be transparent and accountable . therefore groups of organisers should provide updated information on the sources of support and funding for their initiatives between the date of registration and the date at which the initiative is submitted to the commission . entities , notably organisations which under the treaties contribute to forming european political awareness and expressing the will of citizens of the union , should be able to promote and provide support and funding to initiatives , provided that they do so in accordance with the procedures and conditions laid down by this regulation and with full transparency . the commission should perform quality and random checks on the financial and funding sources provided by the eci organisers . citizens should also be able to trigger an alert in case of suspicions of wrongdoings . the sources of support and funding should also be publicly available and regularly updated together with the rest of the information on the eci initiative published online .


### in at least one quarter of the member states , the number of signatories is at least equal to the minimum number set out in annex i , corresponding to the number of the members of the european parliament elected in each member state , multiplied by 750 , at the time of registration of the initiative . ### in at least five of the member states , the number of signatories is at least equal to the minimum number set out in annex i , corresponding to the number of the members of the european parliament elected in each member state , multiplied by 750 , at the time of registration of the initiative .


### an initiative shall be prepared and managed by a group of at least seven natural persons . members of the european parliament shall not be counted for the purpose of that minimum number . ### an initiative shall be prepared and managed by a group of at least five natural persons . members of the european parliament shall not be counted for the purpose of that minimum number .


### the members of the group of organisers shall be citizens of the union , of the age to be entitled to vote in elections to the european parliament and residents of at least seven different member states . ### the members of the group of organisers shall be citizens of the union , of the age to be entitled to vote in elections to the european parliament and residents of at least five different member states .


### for the purpose of online collection of statements of support , the commission shall set - up and operate , by 1 january 2020 , a central online collection system , in accordance with commission decision 2017 / 46 of 10 january 2017 . ### for the purpose of online collection of statements of support , the commission shall set - up and operate , by 1 january 2020 , a central online collection system , in accordance with commission decision 2017 / 46 of 10 january 2017 and subject to regulation 2016 / 679 .


### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns , thereby contributing to promoting the active participation of citizens in the political life of the union . ### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns and shall also use digital platforms and technologies&#160 ; to reach out and&#160 ; engage community , thereby contributing to promoting the active participation of citizens in the political life of the union , since targeted communication strategies , including social media , are critical for enhancing the effectiveness of the&#160 ; european&#160 ; citizens ' &#160 ; initiative&#160 ; and for ensuring transparency .


### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services and distort effective competition in the internal market . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers . ### the disparities between the laws and administrative measures adopted by the member states in relation to accessibility of products and services for persons with functional limitations including persons with disabilities create barriers to the free movement of such products and services . economic operators , in particular small and medium - sized enterprises , are particularly affected by those barriers .


### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing cohesion , competitiveness , productivity , sustainable growth , and job creation should also contribute to the preparations for future participation in the euro area by those member states whose currency is not the euro . ### it is thus appropriate to stress in the general objective of the programme – within its contribution towards responding to economic and social challenges – that enhancing cohesion , competitiveness , productivity , sustainable growth , and job creation should also contribute to the preparations for future participation in the euro area by those member states whose currency is not the euro . a thorough ex - post evaluation of how the programme has assisted structural reforms in member states is a necessary part of that general objective .


### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with the values and humanitarian tradition of the european union and governed by the principle of solidarity and fair sharing of responsibility . ### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with the values and humanitarian tradition of the european union and governed by the principle of subsidiarity , solidarity and fair sharing of responsibility .


### the european union agency for asylum should gather and analyse information on the situation of asylum in the union and in third countries insofar as this may have an impact on the union . that should enable the agency to assist member states in better understanding the factors for asylum - related migration towards and within the union , as well as for the purpose of early warning and preparedness of member states . ### the european union agency for asylum should gather and analyse information on the situation of asylum in the union and in third countries insofar as this may have an impact on the union and specifically on a member state directly affected due to proximity with the third state . that should enable the agency to assist member states in better understanding the geo - political factors for asylum - related migration towards and within the union , as well as for the purpose of early warning and preparedness of member states .


### the common eu list of safe countries of origin established by regulation no xxx / xxx9 should be regularly reviewed by the commission . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . __________________ 9 oj l [ … ] . ### the eu list of safe countries of origin established by regulation no xxx / xxx 9 should be regularly reviewed by the commission , as well as in special circumstances , whenever considered necessary . having regard to the agency ' s expertise , it should assist the commission in reviewing that list . the agency should also , at the request of the commission , provide it with information on specific third countries which could be included in the common eu list of safe countries of origin , and on third countries designated as safe countries of origin or safe third countries or to which the concepts of safe third country , first country of asylum or european safe third country by member states apply . this list may be different for each category of asylum seeker . __________________ 9 oj l [ &#8230 ; ] .


### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , the european union agency for asylum should support the development of solidarity within the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . ### for member states that are faced with specific and disproportionate pressure on their asylum and reception systems due , in particular , to their geographical or demographic situation , particularly for italy and greece , the european union agency for asylum should support the development of solidarity between the countries of the union and assist in the better relocation of beneficiaries of international protection among member states , while ensuring that asylum and reception systems are not abused . with a view to managing and preventing further collapses of the system , the european union agency for asylum should draw a clear distinction between the status of economic migrant and the status of beneficiary of international protection , and should be clear in making its selection .


### the european union agency for asylum should cooperate with international organisations , in particular the united nations high commissioner for refugees in matters covered by this regulation in the framework of working arrangements so as to benefit from their expertise and support . to that end , the roles of unhcr and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the agency . the working arrangements should receive the commission ' s prior approval . ### the european union agency for asylum should cooperate with national and international organisations , in particular the united nations high commissioner for refugees in matters covered by this regulation in the framework of working arrangements so as to benefit from their expertise and support . to that end , the roles of unhcr and the other relevant international organisations should be fully recognised and those organisations should be involved in the work of the agency . the working arrangements should receive the commission ' s prior approval .


### the commission and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight over its workings . the management board should , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission . ### the commission and the member states should be represented on the management board of the european union agency for asylum in order to exercise a policy and political oversight and scrutiny over its workings . the management board should , where possible , consist of the operational heads of the member states ' asylum administrations or their representatives . it should be given the necessary powers , in particular to establish the budget , verify its execution , adopt the appropriate financial rules , establish transparent working procedures for decision - making by the agency , and appoint an executive director and deputy executive director . the agency should be governed and operated in line with the principles of the common approach on union decentralised agencies adopted on 19 july 2012 by the european parliament , the council and the european commission .


### the agency shall gather and analyse information on the situation of asylum in the union and third countries insofar as this may have an impact on the union , including up - to - date information on root causes , migratory and refugee flows as well as on any sudden arrivals of large numbers of third - country nationals which may cause disproportionate pressure on asylum and reception systems , with a view to foster quick and reliable mutual information to the member states and to identify possible risks to the member states ' asylum systems . ### the agency shall gather and analyse information on the situation of asylum in the union and third countries insofar as this may have an impact on the union or a single member state , including up - to - date information on root causes , migratory and refugee flows as well as on any sudden arrivals of large numbers of third - country nationals which may cause disproportionate pressure on asylum and reception systems , with a view to foster quick and reliable mutual information to the member states and to identify possible risks to the member states ' asylum systems .


### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission , develop operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . the agency shall , following consultation with the commission and after adoption by the management board , communicate those standards , indicators , guidelines or best practices to the member states . ### the agency shall , on its own initiative or at the request of the commission , and in consultation with the commission , develop technical operational standards on the implementation of the instruments of union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of union law on asylum . the agency shall , following consultation with the commission and after adoption by the management board , communicate those standards , indicators , guidelines or best practices to the member states .


### the agency shall , at the request of member states , assist them to apply the operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance . ### the agency shall , at the request of member states , assist them to apply the technical operational standards , guidelines and best practices to their asylum and reception systems by providing the necessary expertise or operational and technical assistance .


### the agency shall apply the commission ' s rules on security as set out in commission decisions 2015 / 443 35 and 2015 / 444 . 36 those rules shall apply , in particular , to the exchange , processing and storage of classified information . __________________ 35 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 36 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information . ### the agency shall apply the commission ' s rules on security as set out in commission decisions 2015 / 443 35 and 2015 / 444 36 as well as governing rules on personal data protection . those rules shall apply , in particular , to the exchange , processing and storage of classified information . __________________ 35 commission decision 2015 / 443 of 13 march 2015 on security in the commission . 36 commission decision 2015 / 444 of 13 march 2015 on the security rules for protecting eu classified information .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users ' consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited except for permissible uses as set forth in this regulation . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties or their electronic communications service providers , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata during transmission for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , by accessing electronic communications data during their transmission on public communications networks . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that monitor browsing habits . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications during transmission is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission by the electronic communications network or service . this regulation also does not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . filtering of unlawful content , including child and juvenile pornography , is permissible .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual ' s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires robust privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user ' s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user ' s terminal equipment should be allowed only with the end - user ' s consent or on some other legitimate basis in union or member state law and for specific and transparent purposes .


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to store information in terminal equipment or to access information stored in terminal equipment should be limited to situations that comply with all obligations pursuant to regulation 2016 / 679 . this concerns , for instance , the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a service that is beneficial to the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . similarly , providers of terminal equipment and the software needed to operate such equipment regularly need access to configuration and other device information and the processing and storage capabilities to maintain the equipment , prevent security vulnerabilities and correct problems related to the equipment ' s operation . information society providers and electronic communications service providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities .


### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties , absent any separate , specific consent obtained from the end - user . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that provide route guidance , may have also the same capabilities . terminal equipment operating systems and standalone communications software do not provide these capabilities . while website providers are ultimately responsible for honouring the technical means of consent provided through a browser ' s general privacy settings , web browsers mediate much of what occurs between the end - user and the website . from this perspective , they help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . examples of appropriate browser settings include settings that allow users to block all cookies or only third - party cookies , and those that allow users to send a ' do not track ' request with their browsing traffic .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 27 of regulation 2016 / 679 .


### service providers who offer electronic communications services should inform end - users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security risks does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service . the provision of information about security risks to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 . ### service providers who offer publicly available electronic communications services should inform end - users of measures they can take to protect the security of their communications from particular and significant security threats , for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security threats does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any security risks and restore the normal security level of the service . the provision of information about security threats to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 .


### providers of the electronic communications services may process electronic communications content only : ### providers of the electronic communications services may process electronic communications content during transmission only :


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


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the storage or collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds :


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is necessary for of providing an electronic communications service , including carrying out the transmission of an electronic communication over an electronic communications network ; or


### in the case of software which has already been installed on 25 may 2018 , the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software , but no later than 25 august 2018 . ### in the case of software which has already been installed on 25 may 2018 , the requirements under paragraphs 1 and 2 shall be complied with at the time of the first update of the software , but no later than six months after this regulation enters into force .


### competent authorities make every effort to comply with the guidelines and recommendations issued by eba pursuant to article 16 of regulation no 1093 / 2010 of the european parliament and of the council38 and to respond to the warnings and recommendations issued by the european systemic risk board pursuant to article 16 of regulation no 1092 / 2010 of the european parliament and of the council39 ; __________________ 38 regulation no 1093 / 2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority , amending decision no 716 / 2009 / ec and repealing commission decision 2009 / 78 / ec . 39 regulation no 1092 / 2010 of the european parliament and of the council of 24 november 2010 on european union macro - prudential oversight of the financial system and establishing a european systemic risk board . ### competent authorities make every effort to ensure compliance with the guidelines and recommendations issued by eba pursuant to article 16 of regulation no 1093 / 2010 of the european parliament and of the council38 and to respond to the warnings and recommendations issued by the european systemic risk board pursuant to article 16 of regulation no 1092 / 2010 of the european parliament and of the council39 ; __________________ 38 regulation no 1093 / 2010 of the european parliament and of the council of 24 november 2010 establishing a european supervisory authority , amending decision no 716 / 2009 / ec and repealing commission decision 2009 / 78 / ec . 39 regulation no 1092 / 2010 of the european parliament and of the council of 24 november 2010 on european union macro - prudential oversight of the financial system and establishing a european systemic risk board .


### member states shall ensure that investment firms subject to this section implement the requirements of this section in their subsidiaries that are financial institutions as defined in article 4 of [ regulation - - - / - - - - [ ifr ] , including those established in third countries , unless the parent undertaking in the union can demonstrate to the competent authorities that the application of this section is unlawful under the laws of the third country where those subsidiaries are established . ### member states shall ensure that investment firms subject to this section implement the requirements of this section in their subsidiaries that are financial institutions as defined in article 4 of [ regulation - - - / - - - - [ ifr ] , including those established in third countries , unless the parent undertaking in the union demonstrates to the competent authorities that the application of this section is unlawful under the laws of the third country where those subsidiaries are established .


### member states shall ensure that investment firms apply the principles referred to in paragraph 1 in a manner that is appropriate to their size and internal organisation and to the nature , the scope and complexity of their activities . ### member states shall ensure that investment firms apply the principles referred to in paragraph 1 in a manner that is proportionate and appropriate to their size , internal organisation and to the nature , the scope and complexity of their activities .


### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 1 million or more per financial year , in pay brackets of eur 1 million , including information on their job responsibilities , the business area involved and the main elements of salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on an aggregate home member state basis in a common reporting format . eba , in consultation with esma , may elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected . ### member states shall ensure that investment firms provide competent authorities , where requested , with information on the number of natural persons per investment firm that are remunerated eur 500 000 or more per financial year , in pay brackets of eur 500 000 , including information on their job responsibilities , the business area involved and the salary , bonus , long - term award and pension contribution . competent authorities shall forward that information to eba , which shall publish it on a disaggregated home / host member state basis in a common reporting format . eba , in consultation with esma , shall elaborate guidelines to facilitate the implementation of this paragraph and to ensure the consistency of the information collected .


### draft legislative resolution ### - having regard to the communique of the nuclear security summit , washington , 1 april 2016


### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles . ### this directive respects the principles recognised by article 2 of the treaty on the european union , respects fundamental rights and freedoms and observes the principles recognised in particular by the charter of fundamental rights of the european union , including those set out in chapters ii , iii , v and vi thereof which encompass inter alia the right to liberty and security , freedom of expression , freedom of speech , freedom of information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence and the right to a fair trial , the outcome of which is determined by the individual circumstances of the case , as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec , recognising that exceptions may be made on the grounds of public policy or national security . this directive has to be implemented in accordance with these rights and principles .


### release of dangerous substances , or causing fires , floods or explosions the effect of which is to endanger human life ; ### release , or threatened release , of dangerous substances , including radiological or biological material , or causing fires , floods or explosions , the effect of which is to endanger human life or to cause widespread fear and alarm ;


### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group . ### participating in the activities of a terrorist group , including by supplying information or material resources , or by funding its activities in any way , with knowledge of the fact that such participation will contribute to the criminal activities of the terrorist group , whether these activities take place within a member state or another country .


### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that the distribution , or otherwise making available , of a message to the public , with the intent to incite the commission or encourage the preparation or instigation of one of the offences listed in points to of article 3 , where such conduct , whether or not directly advocating terrorist offences , causes a danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally .


### the offence is committed against the institutions or people of the member state in question or against an institution , body , office or agency of the european union and based in that member state . ### the offence is committed against the institutions or people of the member state in question or against an institution , body , office or agency of the european union and based in that member state . , or where a foreign national receives training overseas with the intention of carrying out an attack within that member state ;


### the commission shall , by [ 24 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive . ### the commission shall , by [ 12 months after the deadline for implementation of this directive ] , submit a report to the european parliament and to the council , assessing the extent to which the member states have taken the necessary measures to comply with this directive .


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . member states may provide for higher protection against the unlawful acquisition , use or disclosure of trade secrets .


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


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall lay down the rules applicable to limitation periods for substantive claims or bringing actions for the application of the measures , procedures and remedies provided for in this directive . those rules shall determine when the limitation period begins to run , the duration of the limitation period and the circumstances under which the limitation period is interrupted or suspended . the duration of the limitation period shall not exceed six years .


### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the specific circumstances of the case . this assessment shall include , where appropriate , value of the trade secret , the measures taken to protect the trade secret , or other specific features of 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 .


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


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


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


### to restrict access to hearings , when trade secrets may be disclosed , and their corresponding records or transcript . in exceptional circumstances , and subject to appropriate justification , the competent judicial authorities may restrict the parties’ access to those hearings and order them to be carried out only in the presence of the legal representatives of the parties and authorised experts subject to the confidentiality obligation referred to in paragraph 1 ; ### to restrict access to hearings , when trade secrets or alleged trade secrets may be disclosed , and their corresponding records or transcript , to a limited number of persons , provided that at least one person from each party , its respective lawyer or representative to the proceedings and court officials are given full access to such hearing , records or transcript ;


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


### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be effectively controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement . ### given that the fund aims particularly at enhancing cooperation between legal entities and member states across europe , an action should be eligible for funding only if it is undertaken by a cooperation of at least three legal entities based in at least three different member states and / or associated countries . every type of cooperation that includes legal entities from an associated country should also include at least two legal entities from two different member states . at least three of these legal eligible entities established in at least two different member states and / or associated countries should not be controlled , directly or indirectly , by the same entity or should not control each other . in order to boost the cooperation between member states the fund may support joint pre - commercial procurement .


### in case a development action supported by the fund is managed by a project manager appointed by member states or associated countries , the commission should inform the project manager prior to executing the payment to the recipient so that the project manager can ensure that the time - frames are respected by the recipients . under certain circumstances , the project manager could provide the commission with its observations on the progress of the action so that the commission can validate whether the conditions to proceed to the payment are fulfilled . ### in case a development action supported by the fund is managed by a project manager appointed by member states or associated countries , the commission should consult the project manager prior to executing the payment to the recipient so that the project manager can ensure that the time - frames are respected by the recipients . under certain circumstances , the project manager could provide the commission with its observations on the progress of the action so that the commission can validate whether the conditions to proceed to the payment are fulfilled .


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