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


### the competent authorities of the member states shall process requests for individual or global authorisations within a period of time to be determined by national law or practice . the competent authorities shall provide to the commission all information on the average times for processing applications for authorisations relevant for the preparation of the annual report referred to in article 24 . ### the competent authorities of the member states shall process requests for individual or global authorisations within 30 days of valid submission of the application . if the competent authority , for good reasons , requires more time to process the application , it shall inform the applicant accordingly within 30 days . the competent authority shall at all events decide on applications for individual or global export authorisations , at the latest , within 60 days of valid submission of the application .


### as a result , it is also appropriate to revise the definition of dual - use items , and to introduce a definition of cyber - surveillance technology . it should also be clarified that assessment criteria for the control of exports of dual - use items include considerations regarding their possible misuse in connection with acts of terrorism or human rights violations . ### as a result , it is also appropriate to introduce a definition of cyber - surveillance items . it should also be clarified that assessment criteria for the control of exports of cyber - surveillance items include considerations regarding their intended misuse in connection with human rights violations .


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


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


### individual export authorisations and global export authorisations shall be valid for one year , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority . ### individual export authorisations and global export authorisations shall be valid for three years , and may be renewed by the competent authority . global export authorisations for large projects shall be valid for a duration to be determined by the competent authority based , inter alia , on the duration of the export contract . the competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in article 14 .


### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for one year , and may be renewed by the competent authority . ### authorisations for the export of non - listed items shall be granted for specific items and end - users . the authorisations shall be granted by the competent authority of the member state where the exporter is resident or established or , in case when the exporter is a person resident or established outside the union , by the competent authority of the member state where the items are located . the authorisations shall be valid throughout the union . the authorisations shall be valid for three years , and may be renewed by the competent authority . the competent authority may however issue an authorisation for a shorter period under extraordinary circumstances and for compelling reasons if it is necessary when assessing the criteria in article 14 .


### the list of dual - use items set out in section b of annex i may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious violations of human rights or international humanitarian law or the essential security interests of the union and its member states . ### the list of cyber - surveillance items set out in section b of annex i may be amended if this is necessary due to risks that the export of such items may pose as regards the commission of serious and systematic violations of human rights or international humanitarian law , in particular violations of the freedom of expression , the freedom of assembly and the right to privacy in countries where internal repression and the absence of functioning rule of law mechanisms is assessed and reported on by the commission . when listing an item , it should be taken into account the ability to make a clear and objective specification of the item , the foreign availability of the item outside of the union , the ability to control effectively the export of the item as well as the controls by the international export control regimes . equally , the commission may decide to delist products already listed , in particular if in the course of the fast changing technological environment , the products meanwhile became a lower tie or mass products , easily available or technically easy modifiable .


### any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the member state where he is resident or established . registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt . ### a member state may require exporters established in that member state to register prior to the first use of this authorisation . registration shall be automatic and acknowledged by the competent authorities to the exporter without delay and in any case within 10 working days of receipt .


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


### if a supplier of technical assistance is aware that the dual - use items for which he proposes to supply technical assistance are intended , in their entirety or in part , for any of the uses referred to in article 4 , he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation . ### if a supplier of technical assistance is aware that the dual - use items for which he proposes to supply technical assistance outside the union are intended , in their entirety or in part , for any of the uses referred to in article 4 to , he must notify the competent authority which will decide whether or not it is expedient to make such technical assistance subject to authorisation .


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


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation .


### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established , no later than 10 days before the date of the first export . ### the registered exporter shall notify the first use of this authorisation to the competent authority of the member state where he is resident or established no later than 30 days after the date when the first export took place or , alternatively , and in accordance with a requirement by the competent authority of the member state where the exporter is established , prior to the first use of this authorisation . member states shall notify the commission of the notification mechanism chosen for this authorisation . the commission shall publish the information notified to it in the c series of the official journal of the european union .


### cyber - surveillance technology which can be used for the commission of serious violations of human rights or international humanitarian law , or can pose a threat to international security or the essential security interests of the union and its member states . ### cyber - surveillance technology which can be used for the commission of serious and systematic violations of the right to freedom of expression , freedom of assembly and privacy in countries where , according to a statement in a commission report , internal repression occurs and the rule of law does not prevail .


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


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


### if no objections are received , the member states consulted shall be considered to have no objection and shall impose authorisations requirements for all ' essentially similar transactions ' . they shall inform their customs administration and other relevant national authorities about the authorisations requirements . ### if no objections are received , the member states consulted shall be considered to have no objection and shall impose authorisations requirements for all ' essentially similar transactions ' meaning an item with essentially identical parameters or technical characteristics to the same end use or consignee . they shall inform their customs administration and other relevant national authorities about the authorisations requirements . the commission shall publish in the official journal a short description of the case , the reasoning of the decision and indicate , if applicable , the new authorisation requirement in a new section e of annex ii .


### the competent authorities of the member states shall process requests for individual or global authorisations within a period of time to be determined by national law or practice . the competent authorities shall provide to the commission all information on the average times for processing applications for authorisations relevant for the preparation of the annual report referred to in article 24 . ### the competent authorities of the member states shall process requests for individual or global authorisations within 30 days of valid submission of the application . if the competent authority , for good reasons , requires more time to process the application , it shall inform the applicant accordingly within 30 days . the competent authority shall at all events decide on applications for individual or global export authorisations , at the latest , within 60 days of valid submission of the application .


### the authorising officer responsible may , depending on a risk assessment , waive the obligation to verify the operational capacity of public bodies or international organisations . ### the authorising officer responsible may , depending on a risk assessment , waive the obligation to verify the operational capacity of public bodies , member state organisations or international organisations .


### the commission may rely in full or in part on assessments made by itself or other entities , including donors , insofar as these assessments were made with regard to conditions equivalent to those set out in this regulation for the applicable method of budget implementation . to this end , the commission shall promote the recognition of internationally accepted standards or international best practices . ### the commission may rely in full or in part on assessments made by itself or other entities , including donors , insofar as these assessments were made with regard to conditions equivalent to those set out in this regulation for the applicable method of budget implementation . to this end , the commission shall promote the recognition of internationally accepted standards or international best practices . in case of indirect implementation by member state organisations as referred to in article 151a , the commission shall rely in full on assessments made by the relevant member state organisation .


### the first subparagraph shall not apply to public bodies and the international organisations referred to in article 151 . ### the first subparagraph shall not apply to public bodies , member state organisations , and the international organisations referred to in article 151 .


### the organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating member states via their national liaison officers . in the event that one or more member states refuse to take part in the concerted or joint inspection , the other national authorities may , where appropriate , only carry out the envisaged concerted or joint inspection in the participating member states . the member states that declined to participate in the inspection shall keep information about the envisaged inspection confidential . ### the organisation of a concerted or joint inspection shall be subject to the prior agreement of all participating member states before the beginning of such an inspection via their national liaison officers . in the event that one or more member states refuse to take part in the concerted or joint inspection , the other national authorities may only carry out the envisaged concerted or joint inspection in the participating member states . the member states that declined to participate in the inspection shall keep information about the envisaged inspection confidential .


### an agreement for setting up a joint inspection between the participating member states and the authority shall set out the conditions for carrying out such an exercise . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the authority shall establish a model agreement . ### an agreement for setting up a joint inspection between the participating member states and the agency shall set out the conditions for carrying out such an exercise , especially the scope of the inspection and the applicable law . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the agency shall establish a model agreement after consulting all member states .


### the management board shall elect a chairperson and a deputy chairperson from among the members with voting rights , and shall strive for gender balance . ### the management board shall elect a chairperson and a deputy chairperson from among the members with voting rights , and shall strive for gender and geographical balance . the chairperson and the deputy chairperson shall be elected by a majority of two - thirds of the members of the management board with voting rights .


### the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : ### the objective of the agency shall be to contribute to ensuring fair labour mobility and cross - border provision of services in the internal market . to this end , the agency shall :


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### encourage , facilitate and support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ;


### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships and apprenticeships and by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . _________________ 53 regulation [ single digital gateway – com256 ] ### to ensure they can benefit from a fair and effective internal market , the authority should promote opportunities for individuals and employers to be mobile or provide services and recruit anywhere within the union , in particular by ensuring ways of access for people with disabilities or special needs . this includes supporting the cross - border mobility of individuals by facilitating access to cross - border mobility services , such as the cross - border matching of jobs , traineeships , internships and apprenticeships and by promoting mobility schemes such as ' your first eures job ' or ' erasmuspro’ . the authority should also contribute to improving transparency of information , including on rights and obligations stemming from union law , and access to services to individuals and employers , in cooperation with other union information services , such as your europe advice , and taking full advantage and ensuring consistency with the your europe portal , which will form the backbone of the future single digital gateway53 . _________________ 53 regulation [ single digital gateway – com256 ]


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### however , in view of the many challenges to the effective application of eu rules regarding cross - border labour mobility and social security coordination , together with concerns about improving cooperation at union level in those sectors , a european labour authority be established , with a view to enhancing fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening compliance and cooperation between the member states to ensure the effective and efficient application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes .


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


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop common guidelines which can be applied&#160 ; by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ;


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


### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned may be required . ### the executive director shall decide whether it is necessary to locate one or more staff in one or more member states , either on a temporary or permanent basis . before deciding to establish a local office , the executive director shall obtain the prior consent of the commission , the management board and the member state concerned . the decision shall specify the scope of the activities to be carried out at the local office in a manner that avoids unnecessary costs and the duplication of administrative functions of the authority . a headquarters agreement with the member state concerned shall be required .


### at the request of one or several member states , the authority shall coordinate concerted or joint inspections in the areas under the scope of the authority ' s competences . the request may be submitted by one or several member states . the authority may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . ### at the request of one or several member states , the agency shall coordinate concerted or joint inspections in the areas under the scope of the agency ' s competences . the request may be submitted by one or several member states . the agency may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . member states take part in the concerned or joint inspection only after their agreement


### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the case at any point in the course of the mediation procedure . ### when presenting a case for mediation by the authority , member states shall ensure that all personal data related to that case is anonymised and the authority shall not process the personal data of individuals concerned by the such case at any point in the course of the mediation procedure or afterwards .


### where the authority of a member state decides not to participate in or carry out the concerted or joint inspection referred to paragraph 1 , it shall inform the authority in writing of the reasons for its decision duly in advance . in such cases , the authority shall inform the other national authorities concerned . ### a member state may decide not to take part in a concerned or joint inspection . where the authority of a member state decides not to participate in or carry out the concerted or joint inspection referred to in paragraph 1 , it shall inform the agency in writing of the reasons for its decision before the beginning of the planned inspection . in such cases , the agency shall inform the other national authorities concerned .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for mediation and resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . where an infringement of union law is detected , the authority shall inform the european commission without delay . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### promote and support cooperation between member states in their endeavours to inspire better cooperation in the cross - border enforcement of relevant union law , including providing technical , logistical assistance and training aiming to facilitate combined facilitating joint inspections ;


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


### an agreement for setting up a joint inspection between the participating member states and the authority shall set out the conditions for carrying out such an exercise . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the authority shall establish a model agreement . ### an agreement for setting up a joint inspection between the participating member states and the agency shall set out the conditions for carrying out such an exercise , especially the scope of the inspection and the applicable law . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the agency shall establish a model agreement after consulting all member states


### the court of justice of the european union shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the authority . ### the court of justice of the european union shall have jurisdiction to give judgement pursuant to any arbitration clause contained in a contract concluded by the authority , or on any non - contractual obligation , which shall not be resolved otherwise .


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


### notwithstanding paragraph 1 , holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with article 3 , provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purpose . ### notwithstanding paragraph 1 , holders of copyright and related rights or those holding any other rights in the content of online content services may contractually oblige the service provider to make use of means adopted pursuant to article 7a in order to verify that the online content service is provided in conformity with this regulation .


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


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


### notwithstanding paragraph 1 , holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with article 3 , provided that the required means are reasonable and do not go beyond what is necessary in order to achieve their purpose . ### notwithstanding paragraph 1 , holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider provides information on the measures taken in conformity with articles 3b and 3c and , if reasonable and strictly necessary , require the implementation of further measures , provided that the required measures are reasonable and do not go beyond what is necessary in order to achieve their purpose .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union .


### ' member state of residence ' means the member state where the subscriber is habitually residing ; ### ' member state of residence ' means the member state where the subscriber is habitually residing , defined as the place where one has established a permanent centre of interest with the intention of giving it a lasting character , a place where an individual routinely returns and with which he or she has a continuous connection , as established on the basis of verification means in accordance with this regulation ;


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


### the provision of an online content service to , as well as the access to and the use of this service by , a subscriber , in accordance with article 3 , shall be deemed to occur solely in the member state of residence including for the purposes of directive 96 / 9 / ec , directive 2001 / 29 / ec , directive 2006 / 115 / ec , directive 2009 / 24 and directive 2010 / 13 / eu . ### the provision of an online content service to , as well as the access to and the use of this service by , a subscriber , in accordance with article 3 , shall be deemed to occur solely in the member state of residence including for the purposes of directive 96 / 9 / ec , directive 2001 / 29 / ec , directive 2006 / 115 / ec , directive 2009 / 24 .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location in that member state , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders .


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers and choose freely to allow the access and use of their service to their subscribers . online content services which are provided without the payment of money should be outside the scope of this regulation as their mandatory inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as online content services which are provided without the payment of money are nevertheless important actors on the market , it should remain possible for them to offer cross - border portability to their subscribers under the strict condition that they take all the measures necessary to comply with this regulation . as concerns the determination and verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers .


### the agency shall have its seat in amsterdam , the netherlands . ### the agency shall have its seat in milan , italy .


### this regulation shall apply from the date on which the treaties cease to apply to the united kingdom or from 30 march 2019 , whichever is the earlier . ### this regulation shall apply from 30 march 2019 .


### the term of office of the administrative director shall be five years . by the end of this period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the administrative director . ### the term of office of the administrative director shall be four years . by the end of this period , the commission shall undertake an assessment which takes into account an evaluation of the performance of the administrative director .


### eurojust ' s competence shall cover the forms of crime listed in annex 1 . however , its competence shall not include the crimes for which the european public prosecutor ' s office is competent . ### eurojust ' s competence shall cover the forms of crime listed in annex 1 . however , eurojust shall not , in general , exercise its competence in respect of crimes for which the european public prosecutor ' s office exercises its competence . as an exception to this general rule , eurojust shall exercise its competence in criminal&#160 ; cases : –involving member states participating in enhanced cooperation , but in respect of which the european public prosecutor’s office does not exercise its competence , –involving member states which do not participate in enhanced cooperation on the establishment of that office , at the request of those member states or at the request of the european public prosecutor’s office . to this end , eurojust , the european public prosecutor’s office and the member states concerned shall consult and cooperate with each other . the practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement as referred to in article 38 .


### the administrative director shall be appointed by the college from a list of candidates proposed by the commission , following an open and transparent selection procedure . for the purpose of concluding the contract of the administrative director , eurojust shall be represented by the president of the college . ### the administrative director shall be appointed by the college on the grounds of merit and documented administrative and managerial skills , as well as relevant competence and experience , from a list of candidates proposed by the commission , following an open and transparent competition , following the publication of a call for expressions of interest in the official journal of the european union and elsewhere . the college shall decide in accordance with the opinion of the european parliament based on the joint recommendation of the committee on civil liberties , justice and home affairs and the committee on budgetary control .


### eurojust shall establish and maintain a special relationship with the european public prosecutor ' s office based on close cooperation and the development of operational , administrative and management links between them as defined below . to this end , the european public prosecutor and the president of eurojust shall meet on a regular basis to discuss issues of common concern . ### eurojust shall establish and maintain a special relationship with the european public prosecutor ' s office based on close cooperation and the development of operational , administrative and management links between them as defined below . to this end , the european public prosecutor and the president of eurojust shall meet on a regular basis to discuss issues of common concern and establish an action plan on the protection of financial interests of the union which shall take into account their respective fields of competence .


### the college , acting on a proposal from the commission which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than five years . ### the college , acting on a proposal from the executive board which takes into account the assessment referred to in paragraph 3 , may extend once the term of office of the administrative director for no more than four years .


### the commission should be represented in the college when it exercises its management functions and in the executive board , to ensure non - operational supervision and strategic guidance of eurojust . ### the commission should be represented in the college when it discusses or adopts administrative issues and in the executive board , to ensure non - operational supervision and strategic guidance of eurojust .


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


### in order to improve the efficiency of maritime transport and to limit the duplication of information which must be provided for operational purposes when a ship makes a port call , the information provided by the declarant to a national single windows should be also shared with certain other entities , such as port or terminal operators . ### in order to improve the efficiency of maritime transport and to limit the duplication of information which must be provided for operational purposes when a ship makes a port call , the information provided by the declarant to a national single window should be also shared with certain other entities , such as port or terminal operators , when authorised and taking into account confidentiality , commercial sensitivities and legal constraints .


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


### the provision of an online support website . ### the provision of a helpdesk and an online support website in the official language of that member state and in english .


### in order to enable the functioning of the emswe , it is necessary to establish a comprehensive emswe data set which should cover all information elements that might be requested by national authorities or port operators for administrative or operational purposes , when a ship makes a port call . since the scope of reporting obligations varies from one member state to another , a national single window in a given member state should be designed to accept the emswe data set without any modification , and disregard any information not relevant for that member state . ### in order to enable the functioning of the emswe , it is necessary to establish a comprehensive emswe data set which should cover all information elements that might be requested by national authorities or port operators for administrative or operational purposes , when a ship makes a port call . since the scope of reporting obligations varies from one member state to another , a national single window in a given member state should be designed to accept the emswe data set without any modification , and disregard any information not relevant for that member state . this should be reflected in the development of an established governance dimension to the national single windows to ensure their smooth functioning . as the aim of this regulation is trade facilitation via the harmonisation of data requirements , the commission should , when defining a detailed data set , have regard to , and actively participate at the imo level in the development of , a high - quality independent data reference model .


### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transfer sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed . ### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transport sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , this regulation should leave flexibility for market players to develop new digital technologies .


### the existing national single windows in each member state should be maintained as the basis for the european maritime single window environment . the national single windows should constitute a comprehensive reporting entry point for maritime transport operators , performing the functionalities of data collection from the declarants and data distribution to all relevant competent authorities . ### the existing national single windows in each member state should be maintained as the basis for the european maritime single window environment . the national single windows should constitute a comprehensive reporting entry point for maritime transport operators , performing the functionalities of data collection from the declarants and data distribution to all relevant competent authorities . a governance dimension , with a clear legal basis , should be developed for each national single window so that they have the competences and responsibilities to collect , store and distribute the data to the relevant authorities , and so that any relevant information received in accordance with this regulation is made available to their national single windows via the safeseanet system in accordance with article 22a of the directive 2002 / 59 / ec ;


### the provision of an online support website . ### the provision of an online support website in the official languages of that member state and in english , without prejudice to the principle of multilingualism enshrined in the tfeu .


### the commission shall develop and update a harmonised reporting interface module for the national single windows . this module shall include the possibility to exchange information between the information system used by the declarant and the national single window . ### the commission and the member states shall ensure that a technology - neutral reporting interface module for the national single windows is developed , ensuring that it can process the harmonized data set referred to in article 4 . the member states shall ensure a governance mechanism is developed providing the national single window the competencies required to collect , store and distribute the data to the competence authorities .


### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface module referred to in paragraph 2 ; ### the functional specifications and quality control mechanisms for the reporting interface module referred to in paragraph 2 ;


### the relevant information of the entry summary declaration referred to in article 127 of regulation no 952 / 2013 is made available to the national single windows for reference and , where appropriate , reused for other reporting obligations listed in the annex . ### the relevant information of the entry summary declaration referred to in article 127 of regulation no 952 / 2013 is made available to the national single windows for reference and , where appropriate and compatible with union customs law following clearance by customs authorities , reused for other reporting obligations listed in the annex .


### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transfer sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed . ### emerging new digital technologies present ever - growing opportunities to increase the efficiency of the maritime transport sector and to reduce administrative burden . in order for the benefits of such new technologies to accrue as early as possible , the commission should be empowered to amend , by means of implementing acts , the technical specifications , standards and procedures of the harmonised reporting environment . new technologies should also be taken into account when this regulation is reviewed in order for the benefits of new technologies to accrue early , allowing market players to develop new digital technologies .


### the commission shall amend , by means of implementing acts , the technical specifications , standards and procedures , in order to take into account the availability of new technologies . ### the commission shall amend , by means of implementing acts , the functional specifications in order to take into account the availability of new technologies .


### the front - end interfaces of these national single windows , on the side of the declarants , should be harmonised at union level , in order to facilitate reporting and further reduce administrative burden . this harmonisation should be achieved by the application in every national single window of a common interface software for system - to - system exchange of information developed at union level . the member states should bear the responsibility for integrating and managing this interface module and for updating the software regularly and timely when new versions are provided by the commission . the commission should develop the module and provide updates when needed . ### the front - end interfaces of these national single windows , on the side of the declarants , should be harmonised at union level , in order to facilitate reporting and further reduce administrative burden . however , any harmonization should be focused on data harmonization and be technologically neutral , as the development of digital technologies is market - driven , currently moving fast and any technological solution could very rapidly be outdated by new developments .


### testing periods for the member states and declarants to test their connection with any new versions of the interface module ; ### testing periods for the member states and for voluntary declarants to test their connection with any new versions of the interface module ;


### unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret . ### unlawful acquisition of a trade secret by a third party could have devastating effects on its legitimate holder since once publicly disclosed it would be impossible for that holder to revert to the situation prior to the loss of the trade secret . as a result , it is essential to provide for fast and accessible interim measures for the immediate termination of the unlawful acquisition , use or disclosure of a trade secret , including when such trade secret is used for the provision of services . such relief must be available without having to await a decision on the substance of the case , with due respect for the rights of defence and the principle of proportionality having regard to the characteristics of the case in question . guarantees of a level sufficient to cover the costs and the injury caused to the respondent by an unjustified request may also be required , particularly where any delay would cause irreparable harm to the legitimate holder of a trade secret .


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


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


### 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 .


### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by : ### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out by :


### 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 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 .


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


### 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 , for the purpose of protecting a legitimate interest recognised by union or national law , there shall be no entitlement to the application for the measures , procedures and remedies provided for in this directive when the alleged acquisition , use or disclosure of the trade secret was carried out in any of the following cases :


### the 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 , under the circumstances , should have known that the trade secret was used unlawfully within the meaning of paragraph 3 .


### the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functions ; ### the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functions and such disclosure was strictly necessary for those representative functions ;


### 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 .


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


### 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 may also allow competent judicial authorities to take such measures on their own initiative .


### in deciding whether to order a publicity measure and assessing its proportionality , the competent judicial authorities shall take into account the possible harm that such measure may cause to the privacy and reputation of the infringer , whenever the infringer is a natural person , as well as the value of the trade secret , the conduct of the infringer in acquiring , disclosing or using the trade secret , the impact of the unlawful disclosure or use of the trade secret , and the likelihood of further unlawful use or disclosure of the trade secret by the infringer . ### in deciding whether to order one of the measure referred to in paragraph 1 , and assessing its proportionality , the competent judicial authorities shall take into account whether publication of that information would be justified , in particular in the light of the following criteria : the conduct of the infringer in acquiring , disclosing or using the trade secret , the value of the trade secret and the impact of the unlawful acquisition , disclosure or use of the trade secret and the likelihood of further unlawful use or disclosure of the trade secret by the infringer .


### member states shall also ensure that the competent judicial authorities may , on a duly reasoned application by a party , take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret . ### member states shall also ensure that the competent judicial authorities may , on a reasoned application by a party , take specific measures necessary to preserve the confidentiality of any trade secret or alleged trade secret used or referred to in the course of the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret . member states may also authorise the competent judicial authorities to adopt ex officio measures .


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


### 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 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 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 :


### for the purpose of protecting a legitimate interest . ### for the purpose of protecting a legitimate interest prescribed by the law .


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


### the cybersecurity competence community shall consist of industry , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise . . ### the cybersecurity competence community shall consist of industry , including smes and associations of smes , the european standardisation organisations , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise .


### facilitating the participation of industry and other actors at the member state level in cross - border projects ; ### ensuring the participation of industry , in particular smes and other actors at the member state level in cross - border projects ;


### the cybersecurity competence community shall consist of industry , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the main stakeholders with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise . . ### the cybersecurity competence community shall consist of industry , smes , academic and non - profit research organisations , and associations as well as public entities and other entities dealing with operational and technical matters . it shall bring together the industrial stakeholders and other relevant actors with regard to cybersecurity technological and industrial capacities in the union . it shall involve national coordination centres as well as union institutions and bodies with relevant expertise .


### the industrial and scientific advisory board shall consist of no more than 16 members . the members shall be appointed by the governing board from among the representatives of the entities of the cybersecurity competence community . ### the industrial and scientific advisory board shall consist of no more than 16 members chosen among entities belonging to the cybersecurity competence community , whereof no more than 10 members shall be appointed from among the representatives of the industry , of which no more than 4 smes , and no more than 6 members shall be appointed from universities and rto . the appointment of the members shall also take into account their commitment to the contractual public - private partnership on cybersecurity .


### providing cybersecurity knowledge and technical assistance to industry and public authorities , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ; ### providing cybersecurity knowledge and technical assistance to industry , in particular smes , the manufacturing and traditional sectors , and public authorities , in particular by supporting actions aimed at facilitating access to the expertise available in the network and the cybersecurity competence community ;


### every year before 31 december , each beneficiary should submit a description of activities planned for the following year to achieve the policy objectives of the programme . those activities should be described in detail , including their objectives , expected results and impact , estimated costs and timeframe as well as relevant indicators to assess them . ### every year before 30 november , each beneficiary should submit a description of activities planned for the following year to achieve the policy objectives of the programme . those activities should be described in detail , including their objectives , expected results and impact , estimated costs and timeframe as well as relevant indicators to assess them .


### both organisations provided added value both to the sum of activities of their national members and to union consumers in a way that national consumer advocacy groups were unable to deliver . national organisations dealing with all kinds of consumers ' issues lack technical expertise in policy areas related to financial services . in addition , no other similar organisations have been identified at union level so far . the evaluation also showed that no other applicant responded to the successive yearly calls for proposal since 2012 , which tends to show that no other organisation is currently able to carry out similar union - wide activities . ### both organisations provided added value to the sum of activities of their national members and to union consumers . national organisations dealing with a wide range of consumers ' issues often lack technical expertise in policy areas related specifically to financial services and the related union policy - making process . in addition , no other similar organisations have been identified at union level so far . although the evaluation showed that no other applicant responded to the successive yearly calls for proposal since 2012 , the programme should be open to other potential beneficiaries after the end of the 2017 - 2020 period if they meet the requirements of the programme .


### in order to benefit from the programme , the beneficiaries shall submit every year before 31 december to the commission a proposal describing the activities referred to in article 1 planned for the following year . ### in order to benefit from the programme , the beneficiaries shall submit every year before 30 november to the commission a description of activities referred to in article 1 planned for the following year aimed to achieve the policy objectives of the programme . those activities shall be described in detail , including their objectives , estimated costs and timeframe , as well as relevant indicators in order to assess them .


### awareness and dissemination activities , including to a wide audience of non - experts ; ### awareness and dissemination activities to a wide audience of non - experts , consumers and other end - users of financial services ; activities of a purely political nature shall not be eligible for funding ;


### finance watch and better finance shall be beneficiaries of the programme . ### all organisations which meet the conditions stated in paragraph 2 and pursue the objectives referred to in article 2 shall be beneficiaries of the programme , eligible for grants .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom and in order to support existing licensing models , such us exclusive territorial licensing which enables the financing mechanism which are vital to audiovisual production , optimal distribution and the promotion of cultural diversity it should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission , such as geoblocking an geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


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


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


### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 . ### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council and directive 2006 / 115 / ec of the european parliament and of the council16 , instruments which have as their principal objective to establish and ensure a high level of protection for rightholders . _________________ directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 .


### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after the broadcast , to television and radio programmes which have been previously broadcast by the broadcasting organisation . in addition , ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content . the provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service . similarly , the provision of access to works or other protected subject matter independently of broadcast , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service . ### the ancillary online services covered by this regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast . they include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access , within a defined time period after broadcasting , to television and radio programmes which have been previously broadcast or , before broadcasting , to television and radio programmes which will be broadcasted by the broadcasting organisation . in addition , ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation , including by way of previewing , extending , supplementing or reviewing the relevant programme ' s content or any service by a broadcasting organisation that exclusively consists of the provision to the public of works produced by the broadcasting organisation . the provision of access to works or other protected subject matter independently and separately from the broadcasting organisation ' s programming , such as services giving access to individual musical or audiovisual works , music albums or videos , do not fall under the definition of ancillary online service


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


### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 . ### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council and directive 2006 / 115 / ec of the european parliament and of the council , which serves in particular to ensure protection of right holders .


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of fair remuneration if the access to the service is not provided based on individual subscriptions , a definable user group or in exchange of a price . such a risk can however be addressed through contractual agreements .