### the programme should maintain a balanced approach between bottom - up and top - down funding , according to the nature of the research and innovation communities that are engaged , the types and purpose of the activities carried out and the impacts that are sought . the mix of these factors should determine the choice of approach for the respective parts of the programme , all of which contribute to all of the programme’s general and specific objectives . ### the programme should maintain a balanced and clear approach between bottom - up and top - down funding , according to the nature of the research and innovation communities that are engaged , the types and purpose of the activities carried out and the impacts that are sought . the mix of these factors should determine the choice of approach for the respective parts of the programme , all of which contribute to all of the programme’s general and specific objectives .


### the commission’s communication on the interim evaluation of horizon 2020 2 final ) has provided a set of recommendations for this programme , including its rules for participation and dissemination , building on the lessons learnt from the previous programme as well as input from eu institutions and stakeholders . those recommendations include to invest more ambitiously in order to reach critical mass and maximise impact ; to support breakthrough innovation ; to prioritise union research and innovation investments in areas of high added value , notably through mission - orientation , citizen involvement and wide communication ; to rationalise the union funding landscape , including by streamlining the range of partnership initiatives and co - funding schemes ; the development of more and concrete synergies between different union funding instruments , notably with the aim of helping to mobilise under - exploited r&i potential across the union ; to strengthen international cooperation and reinforce openness to third countries’ participation ; and to continue simplification based on implementation experiences from horizon 2020 . ### the commission’s communication on the interim evaluation of horizon 2020 2 final ) has provided a set of recommendations for this programme , including its rules for participation and dissemination , building on the lessons learnt from the previous programme as well as input from eu institutions and stakeholders . it is stated in the evaluation that the programme is clearly underfunded given the number of proposals put forward that were deemed to have exceeded the stringent quality threshold , and it is estimated that applicants spent eur 643 million preparing the proposals . the recommendations put forward include : invest more ambitiously in order to reach critical mass and maximise impact ; support breakthrough innovation ; prioritise union research and innovation investments in areas of high added value , notably through mission - orientation , citizen involvement and wide communication ; rationalise the union funding landscape , including by streamlining the range of partnership initiatives and co - funding schemes ; develop more and concrete synergies between different union funding instruments , notably with the aim of helping to mobilise under - exploited r&i potential across the union ; strengthen international cooperation and reinforce openness to participation by third countries ; and continue simplification based on implementation experiences from horizon 2020 .


### the programme should seek synergies with other union programmes , from their design and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules . ### the programme should seek synergies with other union programmes , from their design , simplification and strategic planning , to project selection , management , communication , dissemination and exploitation of results , to monitoring , auditing and governance . with a view to avoiding overlaps and duplication and increasing the leverage of union funding , transfers from other union programmes to horizon europe activities can take place . in such cases they will follow horizon europe rules .


### by derogation from article 237 of the financial regulation , external experts may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner . ### by derogation from article 237 of the financial regulation , external experts of proven independence may be selected without a call for expressions of interest , if justified and the selection is carried out in a transparent manner .


### member states have increasingly taken up support under the programme , beyond the initial expectations . the requests for support received by the commission during the 2017 cycle have , based on their estimated value , significantly exceeded the available annual allocation . during the 2018 cycle , the estimated value of requests received was five times the financial resources available for that year . almost all member states have requested support under the programme and requests are distributed across all policy areas covered by the programme . ### member states have increasingly taken up support under the programme , beyond the initial expectations . the requests for support received by the commission during the 2017 cycle have , based on their estimated value , significantly exceeded the available annual allocation resulting in several requests not having been selected for funding . during the 2018 cycle , the estimated value of requests received was five times the financial resources available for that year . almost all member states have requested support under the programme and requests are distributed across all policy areas covered by the programme .


### strengthening economic and social cohesion by reinforcing structural reforms is crucial for successful participation in the economic and monetary union . that is particularly important for member states whose currency is not the euro , in their preparation to join the euro area . ### strengthening economic and social cohesion by reinforcing structural reforms is crucial for successful participation in the economic and monetary union and for its long - term stability and prosperity . that is particularly important for member states whose currency is not the euro , in their preparation to join the euro area .


### the agency shall support member states in relation to the external dimension of the ceas . in this regard , and in agreement with the commission , the agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the ceas . ### the agency shall support member states in their relations with third - country authorities in matters covered by this regulation . in this regard , and in agreement with the commission , the agency shall coordinate the exchange of information and other action taken on issues arising from the implementation of instruments and mechanisms relating to the external dimension of the ceas .


### the agency shall establish and develop training for members of its own staff , members of all national administrations , courts and tribunals , and national services responsible for asylum matters in the member states . ### the agency shall establish and develop training for members of its own staff , members of all national administrations , courts and tribunals , national services responsible for asylum matters in the member states and , with the agreement of their administrative authorities , officials from third countries .


### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state but it shall not be less than 30 days . ### member states shall contribute to the asylum intervention pool through a national expert pool on the basis of the various defined profiles and by nominating experts corresponding to the required profiles . the duration of deployment shall be determined by the home member state , according with the longer term nomination needed to ensure adequate presence on the ground , but it shall not be less than 30 days .


### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . ### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and confidential communications . respect for the privacy and confidentiality of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . effective protection of the confidentiality of communications is essential for exercising the freedom of expression and information and other rights enshrined in the european convention for the protection of human rights and fundamental freedoms .


### while the principles and main provisions of directive 2002 / 58 / ec of the european parliament and of the council22 remain generally sound , that directive has not fully kept pace with the evolution of technological and market reality , resulting in an inconsistent or insufficient effective protection of privacy and confidentiality in relation to electronic communications . those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services , but do not have to comply with the same set of rules . another development concerns new techniques that allow for tracking of online behaviour of end - users , which are not covered by directive 2002 / 58 / ec . directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation . __________________ 22 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector . ### while the principles and main provisions of directive 2002 / 58 / ec of the european parliament and of the council remain generally sound , that directive has not fully kept pace with the evolution of technological and market reality , resulting in an inconsistent or insufficient effective protection of privacy and confidentiality in relation to electronic communications using the new media . those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services , but do not have to comply with the same set of rules . another development concerns new techniques that allow for tracking of online behaviour of end - users , which are not covered by directive 2002 / 58 / ec . directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation . __________________ 22 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector .


### 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 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 . this may also cover situations where end - users use a service across devices for the purpose of service personalization and content recommendation . 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 including advertisements , should not constitute access to such a device or use of the device processing capabilities . information society service providers should remain free to take appropriate measures in line with their respective business models , including restricting access to content when an end user uses an adblocker .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy setting options should differentiate between cookies from third parties that have a contractual relationship with website providers and other third party cookies . such privacy settings should be presented in an easily visible and intelligible manner .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ‘ direct marketing communications’ means any form of communication for the purpose of promoting products and services , whether written or oral , sent directly to an identified or identifiable end - users of an interpersonal communications service , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . for the purposes of this regulation , an interpersonal communications service shall also include a service that is not provided for remuneration ;


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication . ### without prejudice to point of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the operation of such services .


### protection of information stored in and related to end - users’ terminal equipment ### protection of information transmitted to , stored in , collected from or otherwise related to terminal equipment


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


### the information to be provided pursuant to point of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible , intelligible and clearly legible manner . ### the information to be provided pursuant to point of paragraph 2 may be provided in combination with standardized icons in order to give a meaningful overview of the collection in an easily visible , intelligible and clearly legible manner . such information may be provided by means of a transparency certification and labelling scheme for terminal equipment , indicating the equipment ' s quality , security and assurance properties .


### the commission shall be empowered to adopt delegated acts in accordance with article 27 determining the information to be presented by the standardized icon and the procedures for providing standardized icons . ### the commission shall be empowered to adopt delegated acts in accordance with article 25 determining the information to be presented by the standardized icon and the procedures for providing standardized icons , as well as establishing the transparency certification and labelling scheme referred to in paragraph 3 .


### the definition of and conditions for consent provided for under articles 4 and 7 of regulation 2016 / 679 / eu shall apply . ### the definition of and conditions for consent provided for under articles 4 and 7 of regulation 2016 / 679 / eu shall apply . access to an information society service may still be made conditional on the well - informed acceptance of a cookie or similar device , if it is used for a legitimate purpose , such as the provision of advertising and audience segmentation .


### the existing prudential regimes under regulation no 575 / 2013 and directive 2013 / 36 / eu are largely based on successive iterations of the international regulatory standards set for large banking groups by the basel committee on banking supervision and only partially address the specific risks inherent to the diverse activities of investment firms . the specific vulnerabilities and risks inherent to investment firms should therefore be further addressed by means of appropriate and proportionate prudential arrangements at union level . ### the existing prudential regimes under regulation no 575 / 2013 and directive 2013 / 36 / eu are largely based on successive iterations of the international regulatory standards set for large banking groups by the basel committee on banking supervision and only partially address the specific risks inherent to the diverse activities of investment firms . the specific vulnerabilities and risks inherent to investment firms should therefore be further addressed by means of effective , appropriate and proportionate prudential arrangements at union level , helping to provide a level playing field across the eu and guaranteeing effective prudential supervision , while keeping compliance costs in check and ensuring sufficient capital for the risks of most investment firms .


### sound prudential supervision should ensure that investment firms are managed in an orderly way and in the best interests of their clients . they should take into account the potential for investment firms and their clients to engage in excessive risk - taking and the different degrees of risk assumed and posed by investment firms . equally , such prudential supervision should aim to avoid undue administrative burden on investment firms . ### sound prudential supervision should ensure that investment firms are managed in an orderly way and in the best interests of their clients . they should take into account the potential for investment firms and their clients to engage in excessive risk - taking and the different degrees of risk assumed and posed by investment firms . equally , such prudential supervision should aim to avoid disproportionate administrative burden on investment firms . at the same time , these requirements should make it possible to strike a balance between ensuring the safety and soundness of different investment companies and avoiding excessive costs that might undermine the viability of their business activity .


### differences in the application of the existing framework in different member states threaten the level playing - field for investment firms within the union . those differences stem from the overall complexity of the application of the framework to different investment firms based on the services they provide , where some national authorities adjust or streamline such application in national law or practice . given that the existing prudential framework does not address all the risks faced and posed by some types of investment firms , large capital add - ons have been applied to certain investment firms in some member states . uniform provisions addressing those risks should be established in order to ensure harmonised prudential supervision of investment firms across the union . ### differences in the application of the existing framework in different member states threaten the level playing - field for investment firms within the union , hampering investors’ access to new opportunities and better ways of managing their risks . those differences stem from the overall complexity of the application of the framework to different investment firms based on the services they provide , where some national authorities adjust or streamline such application in national law or practice . given that the existing prudential framework does not address all the risks faced and posed by some types of investment firms , large capital add - ons have been applied to certain investment firms in some member states . uniform provisions addressing those risks should be established in order to ensure clear harmonised prudential supervision of investment firms across the union .


### for informational and supervisory purposes , and in particular to ensure the stability of the financial system , competent authorities of host member states should be able to carry out , on a case - by - case basis , on - the - spot checks , inspect the activities of branches of investment firms on their territory and require information about the activities of those branches . supervisory measures for those branches should however remain the responsibility of the home member state . ### for informational and supervisory purposes , and in particular to ensure the stability and security of the financial system , competent authorities of host member states should be able to carry out , on a case - by - case basis , on - the - spot checks , inspect the activities of branches of investment firms on their territory and require information about the activities of those branches . supervisory measures for those branches should however remain the responsibility of the home member state .


### to detect breaches of national provisions transposing this directive and breaches of [ regulation - - - / - - - - [ ifr ] , member states should have the necessary investigatory powers and should establish effective mechanisms to report potential or actual breaches . ### to detect breaches of national provisions transposing this directive and breaches of [ regulation - - - / - - - - [ ifr ] , member states should have the necessary investigatory powers and should establish effective and rapid mechanisms to report potential or actual breaches .


### the competent authorities of the home member state shall immediately provide the competent authorities of the host member state with any information and findings about any potential problems and risks posed by an investment firm to the protection of clients or the stability of the financial system in the host member state which they have identified when supervising the activities of an investment firm . ### the competent authorities of the home member state shall immediately provide the competent authorities of the host member state with any information and findings about any potential problems and risks posed by an investment firm to the protection of clients or the stability or security of the financial system in the host member state which they have identified when supervising the activities of an investment firm .


### where , following the communication of the information and findings referred to in paragraph 2 , the competent authorities of the host member state consider that the competent authorities of the home member state have not taken the necessary measures referred to in paragraph 3 , the competent authorities of the host member state may , after having informed the competent authorities of the home member state and eba , take appropriate measures to protect clients to whom services are provided and to protect the stability of the financial system . ### where , following the communication of the information and findings referred to in paragraph 2 , the competent authorities of the host member state consider that the competent authorities of the home member state have not taken the necessary measures referred to in paragraph 3 , the competent authorities of the host member state may , after having informed without delay the competent authorities of the home member state and eba , take appropriate measures to protect clients to whom services are provided and to protect the stability and security of the financial system .


### the competent authorities of the host member state shall , for supervisory purposes and where they consider it relevant for reasons of stability of the financial system in the host member state , have the power to carry out , on a case - by - case basis , on - the - spot checks and inspections of the activities carried out by branches of investment firms on their territory and require information from a branch about its activities . ### the competent authorities of the host member state shall , for supervisory purposes and where they consider it relevant for reasons of stability or security of the financial system in the host member state , have the power to carry out , on a case - by - case basis , on - the - spot checks and inspections of the activities carried out by branches of investment firms on their territory and require information from a branch about its activities .


### before carrying out those checks and inspections , the competent authorities of the host member state shall consult the competent authorities of the home member state . ### before carrying out those checks and inspections , the competent authorities of the host member state shall , without delay , consult the competent authorities of the home member state .


### after the completion of those checks and inspections , the competent authorities of the host member state shall communicate to the competent authorities of the home member state the information that is relevant for the risk assessment of the investment firm concerned . ### as soon as possible following completion of those checks and inspections , the competent authorities of the host member state shall communicate to the competent authorities of the home member state the information that is relevant for the risk assessment of the investment firm concerned .


### where an emergency situation arises , including a situation as described in article 18 of regulation no 1093 / 2010 or adverse developments in markets , which potentially jeopardises the market liquidity and the stability of the financial system in any of the member states where entities of an investment firm group have been authorised the group supervisor determined pursuant to article 42 shall , subject to section 2 , chapter 1 of this title , alert as soon as practicable , eba , esrb and any relevant competent authorities and shall communicate all information essential for the pursuance of their tasks . ### where an emergency situation arises , including a situation as described in article 18 of regulation no 1093 / 2010 or adverse developments in markets , which potentially jeopardises the market liquidity and the stability or security of the financial system in any of the member states where entities of an investment firm group have been authorised the group supervisor determined pursuant to article 42 shall , subject to section 2 , chapter 1 of this title , alert as soon as practicable , eba , esrb and any relevant competent authorities and shall communicate all information essential for the pursuance of their tasks .


### draft legislative resolution ### - having regard to the un security council resolutions 2195 , 2199 and 2253


### draft legislative resolution ### - having regard to un security council resolution 1373


### the european union is founded on the universal values of human dignity , freedom , equality and solidarity , respect for human rights and fundamental freedoms . it is based on the principle of democracy and the principle of the rule of law , principles which are common to the member states . ### the european union is founded on the universal values of human dignity , freedom , equality between women and men and solidarity , respect for human rights and fundamental freedoms . it is based on the principle of democracy and the principle of the rule of law , principles which are common to the member states .


### the terrorist threat has grown and rapidly evolved in recent years . individuals referred to as ' foreign terrorist fighters ' travel abroad for terrorism purposes . returning foreign terrorist fighters pose a heightened security threat to all eu member states . foreign terrorist fighters have been linked to several recent attacks or plots , including the attacks in paris on 13 november 2015 . in addition , the european union and its member states face increased threats from individuals inspired or instructed by terrorist groups abroad but who remain within europe . ### the terrorist threat has grown and rapidly evolved in recent years . individuals referred to as ' foreign terrorist fighters ' travel abroad for terrorism purposes . returning foreign terrorist fighters pose a heightened security threat to all eu member states . foreign terrorist fighters have been linked to several recent attacks or plots , including the attacks in paris on 13 november 2015 and in brussels on 22 march 2016 . in addition , the european union and its member states face increased threats from individuals residing in the eu but inspired or instructed by terrorist groups from abroad , or by returning foreign terrorist fighters .


### member state should adopt specific measures of protection , support and assistance responding to the specific needs of victims of terrorism , further qualifying and deepening the rights already contained in the directive 2012 / 29 / eu of the european parliament and the council28 . victims of terrorism are those defined in article 1 of the directive 2012 / 29 / eu , in relation to terrorist offences as referred to in article 3 . the measures to be taken by member states should ensure that in the event of a terrorist attack , the victims of terrorism will obtain emotional and psychological support , including trauma support and counselling , and any relevant legal , practical or financial information and advice . __________________ 28 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha of 15 march 2001 . ### member states should ensure that the position of the victims of terrorism is adequately recognised before , during and after criminal proceedings and should adopt specific measures of protection , support and assistance , with respectful and fair treatment of the victim , responding to the specific needs of victims of terrorism , further qualifying and deepening the rights already contained in the directive 2012 / 29 / eu of the european parliament and the council28 . victims of terrorism are those defined in article 1 of the directive 2012 / 29 / eu , in relation to terrorist offences as referred to in article 3 . the measures to be taken by member states should ensure that in the event of a terrorist attack , the victims of terrorism will obtain emotional and psychological support , including trauma support , counselling in combination with providing realistic fear management programs if needed , and any relevant legal , practical or financial information and advice . __________________ 28 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha of 15 march 2001 .


### member state should adopt specific measures of protection , support and assistance responding to the specific needs of victims of terrorism , further qualifying and deepening the rights already contained in the directive 2012 / 29 / eu of the european parliament and the council28 . victims of terrorism are those defined in article 1 of the directive 2012 / 29 / eu , in relation to terrorist offences as referred to in article 3 . the measures to be taken by member states should ensure that in the event of a terrorist attack , the victims of terrorism will obtain emotional and psychological support , including trauma support and counselling , and any relevant legal , practical or financial information and advice . __________________ 28 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha of 15 march 2001 . ### member state should adopt specific measures of protection , support and assistance responding to the specific needs of victims of terrorism , further qualifying and deepening the rights already contained in the directive 2012 / 29 / eu of the european parliament and the council28 . victims of terrorism are those defined in article 1 of the directive 2012 / 29 / eu , in relation to terrorist offences as referred to in article 3 . the measures to be taken by member states should ensure that in the event of a terrorist attack , the victims of terrorism will obtain emotional and psychological support , including trauma support and counselling , and any relevant legal , practical or financial information , advice or adequate aid . __________________ 28 directive 2012 / 29 / eu of the european parliament and of the council of 25 october 2012 establishing minimum standards on the rights , support and protection of victims of crime , and replacing council framework decision 2001 / 220 / jha of 15 march 2001 .


### 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 and information , freedom of association and freedom of thought conscience and religion , the general prohibition of discrimination in particular on grounds of race , colour , gender , sexual orientation , ethnic or social origin , genetic features , language , disability , religion or belief , political or any other opinion , the right to respect for private and family life and the right to protection of personal data , the principle of legality and proportionality of criminal offences and penalties , covering also the requirement of precision , clarity and foreseeability in criminal law , the presumption of innocence as well as freedom of movement as set forth in article 21 of the treaty on the functioning of the european union and directive 2004 / 38 / ec . this directive has to be implemented in accordance with these rights and principles .


### the directive should replace framework decision 2002 / 475 / jha29 for the member states bound by this directive . ________________ 29 as amended by council framework decision 2008 / 919 / jha of 28 november 2008 amending framework decision 2002 / 475 / jha . ### this directive replaces framework decision 2002 / 475 / jha for the member states bound by this directive .


### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences , offences related to a terrorist group and offences related to terrorist activities , as well as specific measures of protection of and assistance to victims of terrorism . ### this directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of terrorist offences , offences related to a terrorist group and offences related to terrorist activities , as well as specific measures of protection and support of and assistance to victims of terrorism .


### attacks upon a persons ' life which may cause death ; ### attacks upon a persons ' life which may cause death or injury ;


### attacks upon the physical integrity of a person ; ### attacks upon the physical integrity of a person , including rape , sexual assault , trafficking and slavery of women and girls which often leads to death , and manipulation of women and girls in order to mislead them to travel to conflict areas outside the union or joining terroristic activities ;


### manufacture , possession , acquisition , transport , supply or use of weapons , explosives or of nuclear , biological or chemical weapons , as well as research into , and development of , biological and chemical weapons ; ### manufacture , possession , acquisition , transport , supply or use of weapons , malicious software as referred to in article 7 of directive 2013 / 40 / eu of the european parliament and of the council1a , explosives or of nuclear , biological or chemical weapons , as well as research into , and development of , biological and chemical weapons ; _______________ 1a directive 2013 / 40 / eu of the european parliament and of the council of 12 august 2013 on attacks against information systems and replacing council framework decision 2005 / 222 / jha .


### 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 .


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


### member states shall take the necessary measures to ensure that to receive instruction , from another person in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , or in other specific methods or techniques , for the purpose of committing of or contributing to the commission of one of the offences listed in points to of article 3 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that to receive instruction , from another person in the making or use of explosives , firearms or other weapons or noxious or hazardous substances , development of malware to be exclusively used for a terrorist purpose or in other specific methods or techniques , for the purpose of committing of or contributing to the commission of one of the offences listed in points to of article 3 is punishable as a criminal offence when committed intentionally .


### organising or otherwise facilitating travelling abroad for terrorism ### organising or otherwise facilitating travelling abroad for terrorism purposes


### member states shall take the necessary measures to ensure that drawing up false administrative documents with a view to committing one of the offences listed in points to of article 3 and point of article 4 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that drawing up and using of false administrative documents , with special attention to the travel documents , with a view to committing one of the offences listed in points to of article 3 and point of article 4 is punishable as a criminal offence when committed intentionally .


### aiding or abetting , inciting and attempting each member state shall take the necessary measures to ensure that aiding or abetting an offence referred to in articles 3 to 8 and 11 to 14 is made punishable . 2 . each member state shall take the necessary measures to ensure that inciting an offence referred to in articles 3 to 14 is made punishable . 3 . each member state shall take the necessary measures to ensure that attempting to commit an offence referred to in articles 3 , 6 , 7 , 9 and 11 to 14 , with the exception of possession as provided for in point of article 3 and the offence referred to in point of article 3 , is made punishable . ### aiding or abetting , inciting and attempting each member state shall take the necessary measures to ensure that aiding or abetting an offence referred to in articles 3 to 8 and 11 to 14b is made punishable . 2 . each member state shall take the necessary measures to ensure that inciting an offence referred to in articles 3 to 14b is made punishable . 3 . each member state shall take the necessary measures to ensure that attempting to commit an offence referred to in articles 3 , 6 , 7 , 9 and 11 to 14b , with the exception of possession as provided for in point of article 3 and the offence referred to in point of article 3 , is made punishable .


### 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 ;


### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . they shall include in particular : ### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . in addition to the services required under article 9 of directive 2012 / 29 / eu , specialist services for victims of terrorism shall include in particular :


### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . they shall include in particular : ### member states shall ensure that specific services to assist and support victims of terrorism are in place . such services shall be gender - sensitive where relevant , have the capacity and organisational structure necessary to provide assistance and support to these victims immediately after an attack and as long as necessary thereafter , in accordance with the specific needs of each victim . the services shall be confidential , free of charge and easily accessible to all victims of terrorism . they shall include in particular :


### emotional and psychological support , such as trauma support and counselling ; ### specialist emotional and psychological support , such as trauma support and counselling specifically adapted to the needs of victims of terrorism ;


### 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 .


### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of formal intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access and exploit the knowledge that is valuable to the entity and not widely known . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance . ### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy and gives a competitive advantage . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development and determines their innovative performance . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of formal intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access to&#160 ; commercially valuable information&#160 ; and exploit the knowledge that is valuable to the entity and not widely known to the society as a whole . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies , either long - term or more short - lived . especially small and medium - sized enterprises value&#160 ; and rely on trade secrets more , because&#160 ; the use of other formal intellectual property rights tend to be more expensive and&#160 ; smes often do not have sufficient specialized human or financial resources to record , manage and&#160 ; protect the intellectual property rights . &#160 ; by protecting such a wide range of know - how and confidential commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance .


### international efforts taken in the framework of the world trade organisation to address this problem led to the conclusion of the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations . ### international efforts taken in the framework of the world trade organisation to address this problem led to the conclusion of the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . in order to protect trade secrets against misappropriation , some member states have legislation in place , however some member states have not defined trade secrets and does not have binding legislation against misappropriation of trade secrets , which creates gaps and barriers to effectively functioning internal market . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations .


### in the interest of innovation and to foster competition , the provisions of this directive should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product . ### in the interest of innovation and to foster competition , the provisions of this directive must not create any exclusive right on the know - how or information protected as trade secrets . these provisions may not be invoked solely in order to restrict competition . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product .


### 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 .


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down minimum rules on the protection against the unlawful acquisition , disclosure and use 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 also be considered an unlawful use of a trade secret when the person carrying out such activities knew , or should , under the circumstances , have known that the trade secret was acquired , used or disclosed unlawfully within the meaning of paragraph 3 .


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


### the obligation referred to in the first subparagraph shall cease to exist in any of the following circumstances : ### the obligation referred to in the first subparagraph shall remain in force after the legal proceedings have ended . however , such obligation shall cease to exist in any of the following circumstances :


### where in the course of the proceedings , the alleged trade secret is found not to fulfil the requirements set in point of article 2 ; ### where in the course of the proceedings , the alleged trade secret is found , in a final and binding decision , not to fulfil the requirements set in point of article 2 ;


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


### when the pecuniary compensation is ordered instead of the order referred to in point of article 11 , such pecuniary compensation shall not exceed the amount of royalties or fees which would have been due , had that person requested authorisation to use the trade secret in question , for the period of time for which use of the trade secret could have been prohibited . ### when the pecuniary compensation is ordered instead of the order referred to in points and of article 11 , such pecuniary compensation shall not exceed the amount of royalties or fees which would have been due , had that person requested authorisation to use the trade secret in question , for the period of time for which use of the trade secret could have been prohibited .


### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy . this investment in generating and applying intellectual capital determines their competitiveness in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of formal intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access and exploit the knowledge that is valuable to the entity and not widely known . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance . ### businesses and non - commercial research institutions invest in acquiring , developing and applying know - how and information , which is the currency of the knowledge economy and gives a competitive advantage . this investment in generating and applying intellectual capital determines their competitiveness and innovative performance in the market and therefore their returns to investment , which is the underlying motivation for business research and development . businesses have recourse to different means to appropriate the results of their innovative activities when openness does not allow for the full exploitation of their research and innovation investments . use of intellectual property rights such as patents , design rights or copyright is one of them . another is to protect access to commercially valuable information and exploit the knowledge that is valuable to the entity and not known among , or readily accessible to , persons within the circles that normally deal with the kind of information in question or by other persons who might obtain economic value from its disclosure or use . such know - how and business information , that is undisclosed and intended to remain confidential is referred to as a trade secret . small and medium - sized enterprises , especially , value and rely on trade secrets more , because the use of intellectual property rights tends to be expensive and smes often do not have sufficient specialised human and financial resources to manage and protect intellectual property rights . businesses , irrespective of their size , value trade secrets as much as patents and other forms of intellectual property right and use confidentiality as a business and research innovation management tool , covering a diversified range of information , which extends beyond technological knowledge to commercial data such as information on customers and suppliers , business plans or market research and strategies . by protecting such a wide range of know - how and commercial information , whether as a complement or as an alternative to intellectual property rights , trade secrets allow the creator to derive profit from his / her creation and innovations and therefore are particularly important for research and development and innovative performance .


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . the dissemination of knowledge and information should be considered essential to ensuring dynamic , positive and equal business development opportunities , especially for small and medium - sized enterprises .


### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . ### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of civil redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . such information or know - how should furthermore have commercial value , whether actual or potential , and the disclosure of it would be likely to harm the legitimate economic interest of the person lawfully controlling it . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question .


### in the interest of innovation and to foster competition , the provisions of this directive should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product . ### in the interest of innovation and to foster competition , the provisions of this directive should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product . however , with a view to combating unfair competition and safeguarding innovation , the acquisition , use or disclosure of a trade secret without the consent of its holder which is deemed lawful within the meaning of article 4 should be regarded as unlawful if it is shown to be the result of conduct at odds with honest business practice .


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


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


### the prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets , thus jeopardising the effectiveness of the measures and remedies provided for . for this reason , it is necessary to establish , subject to appropriate safeguards ensuring the right to a fair trial , specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence . these should include the possibility to restrict access to evidence or hearings , or to publish only non - confidential elements of judicial decisions . such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain . ### the prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets , thus jeopardising the effectiveness of the measures and remedies provided for . for this reason , it is necessary to establish , subject to appropriate safeguards ensuring the right to a fair trial , specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence . these should include the possibility to restrict public access to hearings , or to publish only non - confidential elements of judicial decisions . such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain .


### the prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets , thus jeopardising the effectiveness of the measures and remedies provided for . for this reason , it is necessary to establish , subject to appropriate safeguards ensuring the right to a fair trial , specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence . these should include the possibility to restrict access to evidence or hearings , or to publish only the non - confidential elements of judicial decisions . such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain . ### the prospect of losing the confidentiality of a trade secret during litigation procedures often deters legitimate trade secret holders from instituting proceedings to defend their trade secrets , thus jeopardising the effectiveness of the measures and remedies provided for . for this reason , it is necessary to establish , subject to appropriate safeguards ensuring the right to a fair trial , specific requirements aimed at protecting the confidentiality of the litigated trade secret in the course of legal proceedings instituted for its defence . these should include the possibility to restrict access to evidence or hearings , or to publish only the non - confidential elements of judicial decisions . as the main purpose of the proceedings is to assess the nature of the information which is the subject of the dispute , these restrictions should not be such as to prevent at least one person from each of the parties and their respective legal representatives from having full access to all the documents in the file . it should also be for the judge to satisfy himself , when imposing such restrictions , that each of the parties has adequate representation . such protection should remain in force after the legal proceedings have ended for as long as the information covered by the trade secret is not in the public domain .


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


### ' trade secret ' means information which meets all of the following requirements : ### ' trade secret ' means business - related information , know - how , facts , decisions and data which meet all of the following requirements :


### ' trade secret ' means information which meets all of the following requirements : ### ' trade secret ' means commercial , technological and any other kind of information , including know - how , which meets all of the following requirements :


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


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ‘ infringer’ means any natural and / or legal person who has unlawfully acquired , used or disclosed trade secrets ;


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ‘ infringer’ means any natural or legal person who has unlawfully or in a manner contrary to honest commercial practices acquired , used or disclosed trade secrets , thereby enabling the causation of damages to or actually damaging the interests of the trade secret holder ;


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


### member states shall ensure that trade secret holders are entitled to apply for the measures , procedures and remedies provided for in this directive in order to prevent , or obtain redress for , the unlawful acquisition , use or disclosure of a trade secret . ### member states shall guarantee the right of trade secret holders to apply for the measure , procedures and remedies provided for in this directive in order to prevent , or obtain redress for , the unlawful acquisition , use or disclosure of a trade secret .


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


### breach or inducement to breach a confidentiality agreement or any other duty to maintain secrecy ; ### breach , inducement or complicity to breach a confidentiality agreement or any other duty to maintain secrecy ;


### has acquired the trade secret unlawfully ; ### has acquired the trade secret unlawfully or in a manner contrary to honest commercial practices ;


### is in breach of a contractual or any other duty to limit the use of the trade secret . ### is in breach of a contractual or any other duty to prohibit the use of the trade secret for any other purposes than those expressly set out by the trade secret holder .


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


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


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


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


### member states shall ensure that there shall be no entitlement to the application for the measures , procedures and remedies provided for in this directive when the alleged acquisition , use or disclosure of the trade secret was carried out in any of the following cases : ### member states shall ensure , through the competent judicial authorities , that there shall be no entitlement to the application for the measures , procedures and remedies provided for in this directive when , from the evidence taken during the judicial proceedings , the alleged acquisition , use or disclosure of the trade secret was carried out in any of the following cases :


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


### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , such competent judicial authorities shall be entitled to take the following measures : ### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings improperly or in bad faith , such competent judicial authorities shall be entitled to take the following measures :


### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , such competent judicial authorities shall be entitled to take the following measures : ### member states shall ensure that competent judicial authorities can , at the request of the respondent , apply appropriate measures provided for by national law if a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith or for abusive ends . such competent judicial authorities shall be entitled to take the following measures :


### member states shall ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , such competent judicial authorities shall be entitled to take the following measures : ### member states may ensure that where competent judicial authorities determine that a claim concerning the unlawful acquisition , disclosure or use of a trade secret is manifestly unfounded and the applicant is found to have initiated the legal proceedings in bad faith with the purpose of unfairly delaying or restricting the respondent’s access to the market or otherwise intimidating or harassing the respondent , such competent judicial authorities shall be entitled to take the following measures :


### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . ### member states shall ensure , through the competent judicial authorities , that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings have been informed with regard to the obligation not to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access .


### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . ### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings or administrative proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings or administrative proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access .


### 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 ;


### 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 public access to hearings , when trade secrets may be disclosed , and their corresponding records or transcript .


### to make available a non - confidential version of any judicial decision , in which the passages containing trade secrets have been removed . ### to make available to third parties a non - confidential version of any judicial decision , in which the passages containing trade secrets have been removed .


### member states shall ensure that the competent judicial authorities may make the interim measures referred to in article 9 subject to the lodging by the applicant of adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the respondent and , where appropriate , by any other person affected by the measures . ### .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that where the application is granted , the competent judicial authorities shall be required to assess the proportionality of the decision taking into account the specific circumstances of the case , such as the value of the trade secret and the measures taken to protect it .


### 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 characteristics of the case . this assessment shall include , where appropriate , the value of the trade secret , the measures taken to protect the trade secret or other specific features of the trade secret , as well as the intentional or unintentional conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful use or disclosure 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 , where a judicial decision is taken finding an unlawful acquisition , use or disclosure of a trade secret , the competent judicial authorities may , at the request of the applicant order against the infringer : ### member states shall ensure that , where a judicial decision is taken finding an unlawful acquisition , use or disclosure of a trade secret , the competent judicial authorities may , at the request of the applicant , order one or more of the following measures against the infringer :


### 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 , including freedom of expression and information .