### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than five years from the date of application of this regulation , and every five years thereafter . the reports shall be made public . ### the commission shall periodically review the functioning of the european citizens ' initiative and present a report to the european parliament and the council on the application of this regulation no later than three years from the date of application of this regulation , and every three years thereafter . the reports shall be made public .


### tthe commission and the european parliament shall co - organize the public hearing at the european parliament . representatives of the other institutions and advisory bodies of the union , as well as interested stakeholders , shall be given the opportunity to participate in the hearing . ### the european parliament shall organise the public hearing at its premises . representatives of the commission and the council , the european economic social committee and the committee of the regions , as well as other institutions and advisory bodies of the union , representatives of civil society , social partners , and other interested stakeholders , including national parliaments , shall be given the opportunity to participate in the hearing . the hearing shall be web - streamed and publically available on the eci website thereafter . following the hearing , the european parliament shall hold a plenary debate on the initiative and decide whether to adopt a motion for a resolution . within 12 months of the issuance of the commission communication pursuant to article 15 , the eci organisers shall be entitled to request a second public hearing at the european parliament . the european parliament shall organise the second public hearing within three months of the submission of the request .


### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . ### where it refuses to register or only partially registers an initiative in accordance with paragraph 4 , the commission shall duly inform the group of organisers of the reasons for its decision and of all possible judicial and extrajudicial remedies available to them . decisions on refusing to register or to partially register an initiative shall be published on the website of the european citizens’ initiative and shall fully detail and justify the commission ' s reasoning for such refusal , indicating the legal bases relied upon and enabling eci organisers to contest them .


### within five months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a communication its legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for taking or not taking action . ### within five months after the publication of the initiative in accordance with article 14 , and after the public hearing referred to in article 14 , the commission shall set out in a communication its legal and political conclusions on the initiative , the action it intends to take , if any , and its reasons for taking or not taking action . the commission shall give detailed and clear reasons and a full justification for a decision not to take any action explaining its conclusions to the public in a detailed and transparent manner , in accordance with the principle of good administration .


### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the public hearing should be co - organised by the commission and the european parliament within three months from the submission of the initiative and ensure a balanced representation of relevant public and private interests well as the representation at an appropriate level of the commission . other institutions and advisory bodies of the union as well as interested stakeholders should have the opportunity to participate in the hearing . ### in order to promote participation and public debate on the issues raised by the initiatives , where an initiative supported by the required number of signatories and fulfilling the other requirements of this regulation is submitted to the commission , the group of organisers should have the right to present that initiative at a public hearing at union level . the european parliament should organise the public hearing within three months from the submission of the initiative to the commission . the european parliament should ensure a balanced representation of the interests of relevant stakeholders , including civil society , social partners , and experts , as well as the representation at an appropriate level of the commission and the council . other institutions and advisory bodies of the union , in particular the european economic and social committee and the committee of the regions , as well as interested stakeholders should have the opportunity to participate in the hearing . the european parliament should endeavour to foster an appropriate level of debate on successful initiatives by holding a plenary debate after the public hearing , and by taking a decision on the possibility to vote on a motion for a resolution .


### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advice about the european citizens’ initiative . ### the commission shall make available an online collaborative platform providing citizens and groups of organisers with a discussion forum and information and advisory services about the european citizens’ initiative . the commission shall engage regularly with the eci organisers through the collaborative platform . all advisory services shall be available in formats accessible to persons with disabilities , in a timely manner , free of charge .


### the commission shall , upon request , provide information and assistance about the european citizens ' initiative to citizens and groups of organisers . ### the commission shall , upon request provide easily accessible , user - centric information and assistance about the european citizens ' initiative to citizens and groups of organisers , including assistance on the appropriate legal basis for an initiative under union law , as well as other legal , material and technical guidance to facilitate the successful registration of an initiative . such assistance shall be provided free of charge , and in collaboration with the europe direct contact centre and europe direct information centres as relevant .


### the commission shall raise public awareness about the existence of the european citizens ' initiative through communication activities and information campaigns , thereby contributing to promoting the active participation of citizens in the political life of the union . ### the commission , with the support of the european parliament and other union institutions , and member states shall raise public awareness about the existence of the european citizens ' initiative through communication activities and ad hoc information campaigns , grass - root initiatives and the use of social and digital media thereby contributing to promoting the active participation of citizens in the political life of the union and promoting awareness of how citizens can influence and shape the european union through a european citizens ' initiative . the commission may grant financial support to entities that contribute to the overall promotion of the citizens ' initiative as a democratic participation instrument , provide free technical support and legal advice to the organisers .


### to ensure the effective participation of citizens in the democratic life of the union , the commission should examine a valid initiative and respond to it . the commission should therefore set out its legal and political conclusions as well as the action it intends to take within a period of five months from the receipt of the initiative . the commission should explain in a clear , comprehensible and detailed manner the reasons for its intended action , and should likewise give its reasons if it does not intend to take any action . ### to ensure the effective participation of citizens in the democratic life of the union , the commission after the public hearing and plenary debate in the european parliament and after proper dialogue with the eci organisers , should examine a valid initiative and respond to it in due time taking into account that successful initiatives should have an appropriate follow up . the commission should therefore set out its legal and political conclusions as well as the legislative or non - legislative actions it intends to take within a period of five months from the receipt of the initiative . the commission justify adequately in a clear , comprehensible and detailed manner , substantiating the reasons for its intended action , and should likewise give in an even more developed way detailed and clear reasons if it does not intend to take any action , be it partial or complete refusal . in both cases a second public hearing should be organised to discuss the conclusions communicated by the commission , under the same rule as the first .


### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , provide translations into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 . ### after the commission has registered an initiative in accordance with article 6 , it shall provide the translation of the content of that initiative into all the official languages of the union for its publication in the register and its use for the collection of statements of support in accordance with this regulation . a group of organisers may , in addition , ask the commission to translate into all the official languages of the union of the annex for its publication in the register and also , as the case may be , of the draft legal act referred to in annex ii and submitted in accordance with article 6 . if an annex or an explanatory statement has less than 5 000 characters , the group of organisers may also request the commission to translate the annex free of charge into all official languages of the union .


### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased to a sufficient level that allows the union to provide support that meets the needs of the requesting member states . ### in order to meet the growing demand for support from member states , and in view of the need to support the implementation of structural reforms in member states whose currency is not the euro , the financial allocation for the programme should be increased , by using flexibility instrument under article 11 of the current multiannual financial framework , to a sufficient level that allows the union to provide support that meets the needs of the requesting member states .


### the agency may , with the agreement of the host member state , invite officials from third countries to observe the operational and technical measures outlined in article 16 , where their presence does not jeopardise the achievement of objectives of those measures , and where it may contribute to improving cooperation and the exchange of best practices . ### the agency may , with the agreement of the host member state , invite officials from third countries to observe the operational and technical measures outlined in article 16 , particularly where this may contribute to improving cooperation and the exchange of best practices .


### the agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a member state on its own initiative or at the request of the commission whenever there are serious concerns regarding the functioning of any aspect of that member state ' s asylum or reception systems . ### the agency may initiate a monitoring exercise for the assessment of the asylum or reception systems of a member state at the request of the commission whenever there are serious concerns regarding the functioning of any aspect of that member state ' s asylum or reception systems .


### the agency shall cooperate with international organisations , in particular unhcr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission . ### the agency shall cooperate with un entities and international organisations , in particular the unhcr and the ohchr , in areas governed by this regulation , within the framework of working arrangements concluded with those bodies , in accordance with the treaty and the provisions on the competence of those bodies . the management board shall decide on the working arrangements which shall be subject to prior approval of the commission .


### manage and further develop a portal for gathering information on countries of origin ; ### manage and further develop a fully transparent , publicly accessible portal for gathering and disseminating information on countries of origin including on use of sources , in accordance with regulation 1049 / 2001 ;


### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with the values and humanitarian tradition of the european union and governed by the principle of solidarity and fair sharing of responsibility . ### the objective of the union ' s policy on asylum is to develop and establish a common european asylum system , consistent with relevant international and union law , in particular the charter of fundamental rights of the european union , the values and humanitarian tradition of the european union and governed by the principle of solidarity and fair sharing of responsibility .


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


### the agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the commission and the member states and , where appropriate , the relevant union agencies . ### the agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the commission and the member states and , where appropriate , the relevant union agencies , including europol for facilitating the exchange of fingerprints .


### the european union agency for asylum should work in close cooperation with member states ' asylum authorities , with national immigration and asylum services and other services , drawing on the capacity and expertise of those services , and with the commission . member states should cooperate with the agency to ensure that it is able to fulfil its mandate . it is important that the agency and the member states act in good faith and have a timely and accurate exchange of information . any provision of statistical data should respect the technical and methodological specifications of regulation no 862 / 2007 . 8 __________________ 8 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers . ### the european union agency for asylum should work in close cooperation with member states ' asylum authorities , with national immigration and asylum services and other services , drawing on the capacity and expertise of those services , with the commission and with the european external action service . member states should cooperate with the agency to ensure that it is able to fulfil its mandate . it is important that the agency and the member states act in good faith and have a timely and accurate exchange of information . any provision of statistical data should respect the technical and methodological specifications of regulation no 862 / 2007 . 8 __________________ 8 regulation no 862 / 2007 of the european parliament and of the council of 11 july 2007 on community statistics on migration and international protection and repealing council regulation no 311 / 76 on the compilation of statistics on foreign workers .


### monitor compliance by member states with operational standards , indicators guidelines and best practices on asylum ; ### support the monitoring of the compliance by member states with operational standards , indicators guidelines and best practices on asylum ;


### cooperation with the unhcr and other international organisations ### cooperation with un entities and international organisations


### monitor the implementation and assess all aspects of the ceas in member states , in particular the dublin system , reception conditions , asylum procedures , the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by member states , including as regards the respect of fundamental rights , child protection safeguards and the needs of vulnerable persons ; ### support the monitoring of implementation and assessment of all aspects of the ceas in member states , in particular the dublin system , reception conditions , asylum procedures , the application of criteria determining protection needs and the nature and quality of protection afforded to persons in need of international protection by member states , including as regards the respect of fundamental rights , child protection safeguards and the needs of vulnerable persons ;


### the agency shall be a centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin . ### the agency shall be an independent centre for gathering relevant , reliable , accurate and up - to date information on countries of origin of persons applying for international protection , including child - specific , gender - specific and sexual orientation - specific information and targeted information on persons belonging to vulnerable groups . it shall draw up and regularly update reports and other products providing for information on countries of origin at the level of the union including on thematic issues specific to countries of origin .


### without prejudice to paragraph 1 , where technically possible and feasible , for the purposes of point of article 8 , consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet . ### without prejudice to paragraph 1 , where technically possible and feasible , for the purposes of point of article 8 , consent may be expressed by using the appropriate technical settings of a software application enabling access to the internet . this specific form of consent is without prejudice to information society service providers ' capacity to ask for end - user consent . end - users consent given to a specific information society service provider should be binding on and prevail over privacy setting of software permitting electronic communications .


### ‘ 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 ;


### confidentiality of electronic communications data ### confidentiality of electronic communications content


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications data shall be confidential . any interference with electronic communications data during conveyance , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications content , by persons other than the end - users , shall be prohibited , except when permitted by this regulation .


### the end - user has given his or her consent ; or ### the user has given his or her specific consent , which shall not be mandatory to access the service ; or


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , these electronic contact details may be used for direct marketing of similar or analogue products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent . ### where a natural or legal person obtains electronic contact details for electronic mail from its customer , in the context of the sale of a product or a service , in accordance with regulation 2016 / 679 , these electronic contact details may be used for direct marketing of similar products or services if customers are clearly and distinctly given the opportunity to object , free of charge and in an easy manner , to such use . the right to object shall be given at the time of collection and each time a message is sent .


### 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 end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited unless the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party and except on the following grounds :


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


### emotional and psychological support , such as trauma support and counselling ; ### medical , emotional and psychological support , such as trauma support and counselling ;


### the offenses related to public provocation to commit a terrorist offence act comprise , inter alia , the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population , provided that such behaviour causes a danger that terrorist acts may be committed . ### the offenses related to public provocation to commit a terrorist offence act comprise , inter alia , the glorification and justification of terrorism or the dissemination of messages or images including those related to the victims of terrorism as a way to gain publicity for the terrorists cause or seriously intimidating the population , provided that such behaviour causes a clear and concrete danger that terrorist acts may be committed . to strengthen actions against public provocation to commit a terrorist offence , and also taking into account the increased use of technology , in particular the internet , it seems appropriate for member states to take measures to remove or to block access to webpages publicly inciting to commit terrorist offences . where such measures are taken , they should be set by transparent procedures and provide adequate safeguards , in particular to ensure that restrictions are limited to what is necessary and are proportionate and fully respect fundamental rights .


### 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 by any means , including the internet , of a message to the public , with the intent to incite or glorify the commission of one of the offences listed in points to of article 3 , where such conduct , whether directly or indirectly advocating the commission of terrorist offences , causes a clear and substantial danger that one or more such offences may be committed , is punishable as a criminal offence when committed intentionally .


### unduly compelling a government or international organisation to perform or abstain from performing any act , ### using violence or the threat of violence to compel or seek to compel a government or international organisation to perform or abstain from performing any act ,


### 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 , possessing or using false administrative documents with a view to committing one of the offences listed in points to of article 3 and point of article 4 , as well as in articles 9 and 10 , is punishable as a criminal offence when committed intentionally .


### 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 .


### furthermore , the provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services , assets and goods , including trade transactions involving the entry into or exit from the union should be punishable in the member states , as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that the operations or the proceeds thereof are intended to be used , in full or part , for terrorist purposes or will benefit terrorist groups . ### furthermore , the provision of material support for terrorism through persons engaging in or acting as intermediaries in the supply or movement of services , assets and goods , including trade transactions involving the entry into or exit from the union , such as the sale , acquisition or exchange of a cultural object of archaeological , artistic , historical or scientific interest , where it is reasonable to believe that it has been stolen , illegally alienated , clandestinely excavated or illegally exported from an area controlled by a terrorist group should be punishable in the member states , as aiding and abetting terrorism or as terrorism financing if performed with the knowledge that the operations or the proceeds thereof are intended to be used , in full or part , for terrorist purposes or will benefit terrorist groups .


### 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 states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that providing or collecting funds or other financial assets , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14c or 16 is punishable as a criminal offence when committed intentionally . this shall specifically include the provision or collection of funds or other financial assets derived from forms of organised crime .


### jurisdictional rules should be established to ensure that the terrorist offence may be effectively prosecuted . in particular , it appears necessary to establish jurisdiction for the offences committed by the providers of training for terrorism , whatever their nationality , in view of the possible effects of such behaviours on the territory of the union and of the close material connexion between the offences of providing and receiving training for terrorism . ### jurisdictional rules should be established to ensure that terrorist offences may be effectively prosecuted . in particular , it appears necessary to establish jurisdiction , for the offences committed by the providers of training for terrorism of citizens of the union and persons residing in the union , whatever the nationality of the providers may be , in view of the possible effects of such behaviours on the territory of the union and of the close material connexion between the offences of providing and receiving training for terrorism . any prosecution of a third - country national should respect the agreements on extradition and on police and judicial cooperation in criminal matters with the third countries concerned .


### 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 assembly and 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 interpreted in accordance with these rights and principles .


### terrorist financing should be punishable in the member states and cover the financing of terrorist acts , the financing of a terrorist group , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences . aiding and abetting or attempting terrorist financing should also be punishable . ### without prejudice to directive 2015 / 849 / eu of the european parliament and of the council1a , terrorist financing should be punishable in the member states and cover the financing of terrorist acts , the financing of a terrorist group , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences , even in the absence of a link to a specific terrorist act or acts . aiding and abetting or attempting terrorist financing should also be punishable . __________________ 1a directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and of the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### 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 .


### for an offence referred to in article 4 and title iii to be punishable , it shall not be necessary that a terrorist offence be actually committed , nor shall it be necessary to establish a link to a specific terrorist offence or , insofar as the offences in articles 9 to 11 are concerned , to specific offences related to terrorist activities . ### for an offence referred to in article 4 to be punishable , it shall not be necessary that a terrorist offence be actually committed .


### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally . ### member states shall take the necessary measures to ensure that providing or collecting funds , by any means , directly or indirectly , with the intent that they should be used , or knowing that they are to be used , in full or in part , to commit any of the offence referred to in articles 3 to 9 is punishable as a criminal offence when committed intentionally .


### considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters , it is necessary to criminalise the travelling abroad for terrorist purposes , being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group . any act of facilitation of such travel should also be criminalised . ### considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters , it is necessary to criminalise the travelling abroad for terrorist purposes , being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group . any act of facilitation of such travel should also be criminalised . the act of travelling should be criminalised under very specific conditions and only when the intention of doing so for a terrorist purpose is proven by inferring , as much as possible , from objective , factual circumstances .


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


### 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 . ### 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 14c , 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 .


### drawing up false administrative documents to committing a terrorist offence ### drawing up , possessing or using false administrative documents to committing a terrorist offence


### 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 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 . furthermore , member states should take into account the risks of intimidation and retaliation for victims and , generally speaking , for persons who may give testimony in criminal proceedings related to terrorist offences . victims of terrorism should also be granted legal aid by all member states . ____________________ 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 .


### mitigating circumstances ### particular circumstances


### 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 .


### 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 .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves with a sufficient degree of certainty that a trade secret exists , that the applicant is the 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 .


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


### 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 actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within not more than three years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 . ### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 .


### 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 .


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


### has commercial value because it is secret ; ### has actual or potential commercial value because it is secret ;


### member states shall ensure that the measures referred to in in point of article 11 are revoked or otherwise cease to have effect , upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point of article 2 for reasons that cannot be attributed to the respondent . ### member states shall ensure that the measures referred to in points and of article 11 are revoked or otherwise cease to have effect , upon request of the respondent if in the meantime the information in question no longer fulfils the conditions of point of article 2 for reasons that cannot be attributed to the respondent .


### the destruction of all or part of any document , object , material , substance or electronic file containing or implementing the trade secret or , where appropriate , the delivery up to the trade secret holder of all or part of those documents , objects , materials , substances and electronic files . ### the destruction of all or part of any document , object , material , substance or electronic file containing or implementing the trade secret or , where appropriate , the delivery up to the applicant of all or part of those documents , objects , materials , substances and electronic files .


### has been subject to reasonable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . ### has been subject to reasonable steps under the circumstances , by their holder , to keep it secret ;


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


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action .


### 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 .


### 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 the alleged trade secret is found by a final decision not to fulfil the requirements set out in point of article 2 ;


### 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 the alleged trade secret is found not to fulfil the requirements set out in point of article 2 by a final decision ;


### 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 may be disclosed , and their corresponding records or transcript , to a clearly defined set of people , provided that it includes at least one person from each of the parties , and their lawyers and / or legal representatives , as required in the context of the proceedings ;


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


### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the actual prejudice suffered . ### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the prejudice suffered . damages may also be paid for a future prejudice if the occurrence of such prejudice is undoubted .


### 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 until the legal proceedings have ended . in any case , the obligation shall cease to exist in any of the following circumstances :


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


### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 . ### the acquisition , use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of acquisition , use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3 .


### for making legitimate use of the right to freedom of expression and information ; ### for making legitimate and fair use of the right to freedom of expression and information ;


### 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 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 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 the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent . ### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that the matter involved qualifies as a trade secret , that the applicant is the 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 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 actions for the application of the measures , procedures and remedies provided for in this directive may be brought within at least one year but not more than two years after the date on which the applicant became aware , or had reason to become aware , of the last fact giving rise to the action . ### member states shall ensure that actions for the application of the measures , procedures and remedies provided for in this directive may not be made more than five years .


### ‘ 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 , characteristics , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed .


### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ; ### unauthorised access to or copy or taking of any documents , objects , materials , substances or electronic files of the trade secret holder , containing the trade secret or from which the trade secret can be deduced where the person carrying out any of these acts knew or should , under the circumstances , have known that he was engaged in unauthorised acquisition of that trade secret ;


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


### 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 ;


### 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 the alleged trade secret is found by a final decision not to fulfil the requirements set out in point of article 2 ;


### 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 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 trade secret holder is given an opportunity at the start of the legal proceedings to notify the court of the information which is subject to some of the restrictions on provision and whose disclosure may endanger the economic interests or reputation of the parties or of a third party . the court shall determine whether the claim has merit .


### 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 acquisition , disclosure and use of undisclosed know - how and business information , without the authorisation of the holder and in a manner that is contrary to honest business practices .


### 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 .


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


### member states shall ensure that , 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 final 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 :


### the use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained from another person who was using or disclosing the trade secret unlawfully within the meaning of the paragraph 3 . ### the acquisition , use or disclosure of a trade secret shall also be considered unlawful whenever a person , at the time of acquisition , use or disclosure , knew or should , under the circumstances , have known that the trade secret was obtained directly or indirectly from another person who was using or disclosing the trade secret unlawfully within the meaning of paragraph 3 .


### no later than seven years after the date of transposition of this directive , an evaluation of this directive shall be carried out . the commission shall communicate the conclusions of the evaluation accompanied by its observations to the european parliament , the council and the european economic and social committee . ### no later than five years after the date of transposition of this directive , an evaluation of this directive shall be carried out . in particular , the expediency of this directive with regard to technological developments relating to autonomous and semi - autonomous vehicles should be assessed , and it should be examined whether the regime of liability of this directive takes into account the new technological conditions or whether a new strict liability offence should be introduced which is based solely on autonomous vehicles as a source of danger and at the same time involves no uncontrolled liability risks in order not to stand in the way of the use of new technologies . the commission shall communicate the conclusions of the evaluation , accompanied by its observations , to the european parliament , the council and the european economic and social committee , attaching , where necessary , a legislative proposal .


### eur 552 000 000 to the objective referred to in article 3 . ### eur 490 000 000 in 2018 prices to the objective referred to in article 3 .


### by derogation from the paragraph 3 beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security of the union and its member states . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund . ### by derogation from the paragraph 3 , if there are no competitive substitutes readily available in the union , and if this usage would not contravene the security and defence interests of the union and its member states , beneficiaries and subcontractors involved in the action may use their assets , infrastructure , facilities and resources located or held on the territory of a non - associated third country if this is necessary for achieving the objectives of an action and provided that this will not put at risk the security and the defence interests of the union and its member states . under the same conditions , when performing an eligible action , beneficiaries and their subcontractors may cooperate with an entity established in a non - associated third country . the costs related to the use of such infrastructure , facilities , assets or resources and to such cooperation shall not be eligible under the fund .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### the action shall be undertaken in a cooperation within a consortium of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be controlled , directly or indirectly , by the same entity , and shall not control each other .


### indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs , excluding direct eligible costs for subcontracting , financial support to third parties and any unit costs or lump sums which include indirect costs . ### indirect eligible costs shall be determined by applying a flat rate of 25 % of the total direct eligible costs .


### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries or non - associated third country entities . ### all infrastructure , facilities , assets and resources used in actions financed under the fund shall be located on the territory of the union or associated countries . furthermore , when performing an eligible action , beneficiaries and their subcontractors shall cooperate only with legal entities established in the union or in an associated country and not controlled by non - associated third countries .


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


### the commission will take into account the other activities financed under the horizon europe framework programme in order to avoid unnecessary duplication and ensure the cross - fertilisation between civil and defence research . ### the commission will take into account the other activities financed under the horizon europe framework programme in order to avoid unnecessary duplication , ensure the cross - fertilisation and synergy between civil and defence research and ensure that horizon europe remains a purely civil research programme .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be identified on the basis of excellence based on calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public .


### applicants and their subcontractors shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity . ### applicants and subcontractors involved in the action shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity .


### unless otherwise provided for in the work programme referred to in article 27 , the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . at least three of these eligible entities established in at least two member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other . ### the action shall be undertaken in a cooperation of at least three legal entities which are established in at least three different member states and / or associated countries . every consortium that includes legal entities from an associated country shall also include at least two legal entities from two different member states . at least three of these eligible entities established in at least three member states and / or associated countries shall not , during the whole implementation of the action , be effectively controlled , directly or indirectly , by the same entity , and shall not control each other .


### applicants and their subcontractors shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country or by a non - associated third country entity . ### applicants and their subcontractors shall be eligible for funding provided that they are established in the union or in an associated country , have their executive management structures in the union or in an associated country and are not controlled by a non - associated third country .


### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity may be eligible for funding if this is necessary for achieving the objectives of the action and provided that its participation will not put at risk the security interests of the union and its member states . in order to ensure protection of the security interests of the union and its member states , the call for proposals shall require the applicant to provide information demonstrating notably that : ### by derogation from paragraph 1 , an applicant established in the union or in an associated country and controlled by a non - associated third country or a non - associated third country entity shall be eligible for funding provided that guarantees approved by the member state in which it is established in accordance with its national procedure are made available to the commission . those guarantees may refer to the undertaking’s executive managements structure established in the union . if deemed appropriate by the member state in which the undertaking is established , those guarantees may also refer to specific governmental rights in the control over the undertaking . the guarantees shall provide assurances that the involvement in an action of such an undertaking would not contravene the security and defence interests of the union and its member states as established in the framework of the common foreign and security policy pursuant to title v of the teu , or the objectives set out in article 3 . the guarantees shall in particular substantiate that , for the purpose of the action , measures are in place to ensure that :