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


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the natural or legal person in lawful control of a trade secret , intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person in lawful control of it or with gross negligence , by a person who is found to meet any of the following conditions :


### provides for safeguards against their abuse . ### provides for safeguards against their abuse , which ensure compensation of defendants in the event of abusive or wrongful accusation .


### is proportionate ; ### is proportionate to the economic detriment incurred by the trade secret holder ;


### the measures adopted to protect trade secrets against their unlawful acquisition , disclosure and use should not affect the application of any other relevant law in other areas including intellectual property rights , privacy , access to documents and the law of contract . however , where the scope of application of directive 2004 / 48 / ec of the european parliament and of the council8 and the scope of this directive overlap , this directive takes precedence as lex specialis . __________________ 8 directive 2004 / 48 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights . ### the measures adopted to protect trade secrets against their unlawful acquisition , disclosure and use should not affect the application of any other relevant law in other areas including protection of the environment and environmental liability , consumer protection , health and safety requirements , health protection , intellectual property rights , privacy , access to documents and information , and the law of contract . however , where the scope of application of directive 2004 / 48 / ec of the european parliament and of the council8 and the scope of this directive overlap , this directive takes precedence as lex specialis __________________ 8 directive 2004 / 48 / ec of the european parliament and of the council of 29 april 2004 on the enforcement of intellectual property rights .


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


### any other conduct which , under the circumstances , is considered contrary to honest commercial practices . ### conduct considered contrary to honest commercial practices


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


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


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### open innovation is a catalyst for new ideas to find their way to the market - meeting the needs of consumers and tackling societal challenges . it is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . such an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the union economy . trade secrets have a role in protecting the exchange of knowledge between businesses and / or research institutions , within and across the borders of the internal market , in the context of research and development and innovation . the existing union legal framework against unlawful acquisition , use or disclosure of trade secrets by third parties is fragmented in 28 different laws , which creates barriers to the effective functioning of the internal market .


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


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


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . ### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , freedom of the press and the media , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence .


### is in breach of a contractual or any other duty to limit the use of the trade secret . ### is in breach of a legally valid contractual duty to limit the use or disclosure of the trade secret .


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ‘ offender’ means any natural or legal person who , either directly or through a third party , has unlawfully acquired , used or disclosed trade secrets , in a manner contrary to honest commercial practices ;


### is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secret ; ### is in breach of a legally valid confidentiality agreement under national or union law or any other duty to limit the use or disclosure of the trade secret ;


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


### for the purpose of protecting a legitimate interest . ### for the purpose of protecting a legitimate interest , as recognised by union or national law .


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


### avoids the creation of barriers to legitimate trade in the internal market . ### avoids the creation of barriers to legitimate trade , and of restrictions of competition and workers ' mobility in the internal market .


### exercise of the right of workers representatives to information and consultation in accordance with union and national law and / or practices ; ### exercise of the right of workers or workers ' representatives to information , consultation and participation in accordance with union and national law and / or practices ;


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


### has commercial value because it is secret ; ### has actual or potential significant commercial value because it is secret and because its disclosure would be significantly detrimental to the legitimate economic interest of the person lawfully controlling it ;


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


### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . ### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret . such definition should therefore be constructed as to cover business information and undisclosed know - how where there is a legitimate interest in keeping confidential , a commercial value of this information because it is kept confidential , and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question and by competitors . the conditions establishing unlawful use or disclosure should not limit the use of acquired experience and know - how through honest practices for instance in the framework of a labour agreement or any other contractual relationship . this should ensure that labour mobility will not be endangered while at the same time ensuring adequate protection for trade secrets . this directive is without prejudice to the autonomy of the social partners and their right to enter into collective agreements in accordance with national law , traditions and practices and while respecting the provisions of the treaty .


### ’infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ‘ unlawful goods ' means products or services whose design , characteristics , manufacturing process or marketing are demonstrated to have benefited from trade secrets unlawfully acquired , used or disclosed .


### by xx xx 20xx [ four years after the end of the transposition period ] , the commission shall draw up an intermediate report on the application of this directive and submit it to the european parliament and the council . this report shall take due account of the report prepared by the european observatory on infringements of intellectual property rights . ### by xx xx 20xx [ four years after the end of the transposition period ] , the commission shall draw up an intermediate report on the application of this directive , including on its possible deleterious effects on fundamental rights and on workers ' mobility as well as possible further improvements on innovation cooperation , paying special attention to the effects on smes , and submit it to the european parliament and the council . this report shall take due account of the report on litigation trends and shall evaluate the impact of this directive in particular on the levels of open innovation , collaborative research and labour mobility .


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


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


### when the competent authorities limit the duration of the measure referred to in point of article 11 , such duration shall be sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret . ### member states shall ensure that the competent authorities limit the length of duration of the measure referred to in point of article 11 , accordingly , so as to ensure that it is sufficient to eliminate any commercial or economic advantage that the infringer could have derived from the unlawful acquisition , disclosure or use of the trade secret and that it avoids the creation of unjustified obstacles to fair competition , innovation and labour mobility .


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


### open innovation is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . trade secrets have an important role in protecting the exchange of knowledge between businesses within and across the borders of the internal market in the context of research and development and innovation . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . open innovation is a catalyst for new ideas to find their way to the market meeting the needs of consumers and tackling societal challenges . in an internal market where barriers to such cross - border collaboration are minimised and where cooperation is not distorted , intellectual creation and innovation should encourage investment in innovative processes , services and products . such an environment conducive to intellectual creation and innovation is also important for employment growth and improving competitiveness of the union economy . trade secrets are amongst the most used form of protection of intellectual creation and innovative know - how by businesses , yet they are at the same time the least protected by the existing union legal framework against their unlawful acquisition , use or disclosure by third parties . ### open innovation is a catalyst for new ideas to find their way to the market - meeting the needs of consumers and tackling societal challenges . it is an important lever for the creation of new knowledge and underpins the emergence of new and innovative business models based on the use of co - created knowledge . collaborative research , including cross - border cooperation , is particularly important to increase the levels of business research and development within the internal market . such an environment conducive to intellectual creation and innovation and where employment mobility is ensured is also important for employment growth and improving competitiveness of the union economy . trade secrets have a role in protecting the exchange of knowledge between businesses and / or research institutions , within and across the borders of the internal market , in the context of research and development and innovation . the existing union legal framework against unlawful acquisition , use or disclosure of trade secrets by third parties is fragmented in 28 different laws , which creates barriers to the effective functioning of the internal market .


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


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


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


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


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ‘ offender’ means any natural or legal person who , either directly or through a third party , has unlawfully acquired , used or disclosed trade secrets , in a manner contrary to honest commercial practices ;


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of undisclosed know - how and business information , without the authorization of the natural or legal persons that are in lawful control of such information , and in a manner that is contrary to honest commercial practices . the member states may provide for more far - reaching provisions , provided that compliance with articles 4 and 5 , article 6 , article 7 , the second subparagraph of article 8 , article 8 and , article 9 , articles 10 and 12 and article 14 is ensured .


### is in breach of a confidentiality agreement or any other duty to maintain secrecy of the trade secret ; ### is in breach of a legally valid confidentiality agreement under national or union law or any other duty to limit the use or disclosure of the trade secret ;


### member states shall ensure that trade secret holders are entitled to apply for the measures , procedures and remedies provided for in this directive in order to prevent , or obtain redress for , the unlawful acquisition , use or disclosure of a trade secret . ### member states shall ensure that natural or legal persons lawfully controlling a&#160 ; trade secret are entitled to apply for the measures , procedures and remedies provided for in this directive in order to obtain redress for , the unlawful acquisition , use or disclosure of a trade secret .


### avoids the creation of barriers to legitimate trade in the internal market . ### avoids the creation of barriers to legitimate trade , competition and worker mobility in the internal market


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


### any other conduct which , under the circumstances , is considered contrary to honest commercial practices . ### conduct considered contrary to honest commercial practices


### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret without restricting the subject matter to be protected against misappropriation . such definition should therefore be constructed as to cover business information , technological information and know - how where there is both a legitimate interest in keeping confidential and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question . ### it is appropriate to provide for rules at union level to approximate the national legislative systems so as to ensure a sufficient and consistent level of redress across the internal market in case of unlawful acquisition , use or disclosure of a trade secret . for this purpose , it is important to establish a homogenous definition of a trade secret . such definition should therefore be constructed as to cover business information and undisclosed know - how where there is a legitimate interest in keeping confidential , a commercial value of this information because it is kept confidential , and a legitimate expectation in the preservation of such confidentiality . by nature , such definition should exclude trivial information and should not extend to the knowledge and skills gained by employees in the normal course of their employment and which are known among or accessible to persons within the circles that normally deal with the kind of information in question and by competitors . the conditions establishing unlawful use or disclosure should not limit the use of acquired experience and know - how through honest practices for instance in the framework of a labour agreement or any other contractual relationship . this should ensure that labour mobility will not be endangered while at the same time ensuring adequate protection for trade secrets . this directive is without prejudice to the autonomy of the social partners and their right to enter into collective agreements in accordance with national law , traditions and practices and while respecting the provisions of the treaty .


### it is also important to identify the circumstances under which legal protection is justified . for this reason , it is necessary to establish the conduct and practices which are to be regarded as unlawful acquisition , use or disclosure of a trade secret . disclosure by union’s institutions and bodies or national public authorities of business - related information they hold pursuant to the obligations of regulation no 1049 / 2001 of the european parliament and of the council6 or to other rules on the access to documents should not be considered unlawful disclosure of a trade secret . __________________ 6 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### it is also important to identify the circumstances under which legal protection is justified . for this reason , it is necessary to establish the conduct and practices which are to be regarded as unlawful acquisition , use or disclosure of a trade secret . disclosure by union’s institutions and bodies or national public authorities of business - related information they hold pursuant to the obligations of regulation no 1049 / 2001 of the european parliament and of the council6 or to other rules on the access to documents is not be considered unlawful disclosure of a trade secret . similarly , the acquisition or disclosure of a trade secret by a public body , fulfilling its mandate in accordance with national or union law , should not constitute unlawful use or disclosure . this should also be the case for ensuring the protection of a legitimate interest , including consumer protection , the protection of workers , the protection of health and the environment , the safeguard of fundamental rights , including freedom of expression and information , and the prevention of unfair competition . __________________ 6 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


### 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 ; ### the purpose of revealing an applicant’s misconduct , wrongdoing or illegal activity in an appropriate way , provided that the accused , without being negligent , could assume that the alleged acquisition , use or disclosure of the trade secret was necessary for such revelation ;


### member states shall ensure that , where a judicial decision is taken finding an unlawful acquisition , use or disclosure of a trade secret , the competent judicial authorities may , at the request of the applicant order against the infringer : ### member states shall ensure that , where a final judicial decision is taken finding an unlawful acquisition , use or disclosure of a trade secret , the competent judicial authorities may , at the request of the applicant order against the infringer :


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


### support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the common foreign and security policy , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . ultimately , the fund will lead to greater interoperability between member states ' capabilities . ### support highly efficient collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by member states within the framework of the capability development plan , thus contributing to greater efficiency of defence spending within the union , achieving greater economies of scale , reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the union . ultimately , the fund shall seek greater interoperability between member states ' capabilities . .


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


### independent experts shall be chosen on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them . ### independent experts shall be chosen by the european commission on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them .


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of experts on defence ethics . the commission shall ensure the transparency of the ethics procedures as much as possible . ### all proposals shall be systematically screened ex - ante to identify those actions raising complex or serious ethics issues and submit them to an ex - ante ethics impact assessment . this review must extend beyond the narrow confines of privacy and data protection take into account the broader societal impacts of the underlying security r&d agenda . proposals that raise substantial ethical and / or societal impact concerns must be subject to enhanced scrutiny and control . in particular each project under that call will be subject to ethical review . ethics screenings and assessments shall be carried out by the commission with the support of independent experts with various background , including from civil society . the commission shall ensure the transparency of the ethics procedures and report every six months to the european parliament . .


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


### directive 2004 / 37 / ec aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data . ### directive 2004 / 37 / ec aims to protect workers against risks to their health and safety from exposure to carcinogens or mutagens at the workplace and lays down minimum requirements to that effect including limit values , on the basis of the available scientific and technical data . binding occupational exposure limits should be set at the lowest level in force in at least one member state . the number of substances and the corresponding binding occupational exposure limits should be regularly updated in order to achieve the best achievable workers ' protection throughout the internal market .


### in accordance with the recommendations of the committee , where available , skin notations and / or limit values for the inhalation route of exposure are established in relation to a reference period of eight - hours time - weighted average and , for certain carcinogens or mutagens , to shorter reference periods , in general fifteen minutes time - weighted average , to take account of the effects arising from short - term exposure . ### in accordance with the recommendations of the committee and of any other up to date public and robust source of scientific information , where available , skin notations and / or limit values for the inhalation route of exposure are established in relation to a reference period of eight - hours time - weighted average and , for certain carcinogens or mutagens , to shorter reference periods , in general fifteen minutes time - weighted average , to take account of the effects arising from short - term exposure .


### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens , cannot be sufficiently achieved by the member states , but can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens and mutagens , cannot be sufficiently achieved by the member states , but can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives .


### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the committee identified the possibility of significant uptake through the skin for these mixtures . it is therefore appropriate to set out a skin notation in part b of annex iii to directive 2004 / 37 / ec indicating the possibility of significant dermal uptake . ### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . scoel identified the possibility of significant uptake through the skin for these mixtures . it is therefore appropriate to set out a skin notation in part b of annex iii to that directive indicating the possibility of significant dermal uptake .


### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the committee identified the possibility of significant uptake through the skin for these mixtures . it is therefore appropriate to set out a skin notation in part b of annex iii to directive 2004 / 37 / ec indicating the possibility of significant dermal uptake . ### certain polycyclic aromatic hydrocarbons mixtures , including those containing benzo [ a ] pyrene , meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the scoel identified the possibility of significant uptake through the skin for these mixtures . the acsh has agreed on the importance of introducing an occupational exposure limit value for pahs and has recommended to carry out the work to evaluate the scientific aspects with the view to proposing an occupational exposure limit value at some time in the future . it is therefore appropriate to set out a skin notation in part b of annex iii to directive 2004 / 37 / ec indicating the possibility of significant dermal uptake and to carry out further investigations to set a limit value for benzo [ a ] pyrene in order better to protect workers from polycyclic aromatic hydrocarbons mixtures .


### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the committee identified the possibility of significant uptake through the skin for these mixtures . it is therefore appropriate to set out a skin notation in part b of annex iii to directive 2004 / 37 / ec indicating the possibility of significant dermal uptake . ### certain polycyclic aromatic hydrocarbons mixtures , particularly those containing benzo [ a ] pyrene , meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . exposure to such mixtures may occur during work involving burning processes , such as from combustion engine exhaust , and high temperature combustion processes , among others . the existing entry 2 in annex i to that directive should therefore be extended to also cover other occupational exposure situations during which workers are exposed to these substances and their mixtures . in addition , on the basis of available information , including scientific and technical data , it is appropriate to establish a limit value for pahs mixtures with benzo [ a ] pyrene as indicator in part a and to set out a skin notation in part b of annex iii to that directive indicating the possibility of significant dermal uptake .


### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the committee identified the possibility of significant uptake through the skin for these mixtures . it is therefore appropriate to set out a skin notation in part b of annex iii to directive 2004 / 37 / ec indicating the possibility of significant dermal uptake . ### certain polycyclic aromatic hydrocarbons mixtures containing benzo [ a ] pyrene meet the criteria for classification as carcinogenic in accordance with regulation no 1272 / 2008 and therefore are carcinogens as defined in directive 2004 / 37 / ec . the existing point 2 in annex i to that directive should therefore be extended to also cover other occupational exposure situations during which workers are exposed to these substances and their mixtures . in addition , on the basis of available information , including scientific and technical data , it is appropriate to establish a limit value for pahs mixtures with benzo [ a ] pyrene as indicator in part a and to set out a skin notation in part b of annex iii to that directive indicating the possibility of significant dermal uptake .


### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 2016 . ### before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law - making . the composition of the group of experts consulted shall ensure gender balance . when preparing and drawing up delegated acts , the commission shall ensure a timely and simultaneous transmission of all documents , including the draft acts , to the european parliament and the council at the same time as to member states ' experts . where they consider this necessary , the european parliament and the council may each send experts to meetings of the commission expert groups dealing with the preparation of delegated acts to which member states ' experts are invited . to that end , the european parliament and the council shall receive the planning for the following months and invitations for all experts meetings .


### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society , on an equal basis with others . people with disabilities are faced with barriers to , among other things , access the labour market , benefit from an inclusive and quality education , avoid poverty and social exclusion , enjoy access to cultural initiatives and media , or use their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order . ### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of persons with disabilities in society , on an equal basis with others . persons with disabilities , which include those who have long - term physical , mental , intellectual or sensory impairments , are faced with barriers to , among other things , access the labour market , benefit from an inclusive and quality education , avoid poverty and social exclusion , enjoy access to cultural initiatives and media , or use their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order . in this regard the programme should pay special attention to awareness raising activities to the challenges people with disability face in participating fully in society and enjoying their rights as equal citizens .


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### independent human rights bodies and civil society organisations play an essential role in promoting , safeguarding and raising awareness of the union’s common values under article 2 teu , and in contributing to the effective enjoyment of rights under union law , including the charter of fundamental rights of the eu . as reflected in the european parliament resolution of 18 april 2018 , adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively . complementing efforts at national level , eu funding should therefore contribute to support , empower and build the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under eu law and the charter of fundamental rights of the eu , including through advocacy and watchdog activities , as well as to promote , safeguard and raise awareness of the union’s common values at national level . ### independent human rights bodies and civil society organisations play an essential role in promoting , safeguarding and raising awareness of the union’s common values under article 2 teu , and in contributing to the effective enjoyment of rights under union law , including the charter of fundamental rights of the eu . as reflected in the european parliament resolution of 19 april 2018 , an increase in funding and adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively . complementing efforts at national level , eu funding should therefore contribute to support , empower and build , including through adequate core funding and simplified cost options , financial rules and procedures , the capacity of independent civil society organisations active in the promotion of human rights whose activities help the strategic enforcement of rights under eu law and the charter of fundamental rights of the eu , including through advocacy and watchdog activities , as well as to promote , safeguard and raise awareness of the union’s common values at national level .


### in order to ensure uniform conditions for the implementation of this regulation , 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 indicators as indicated in article 14 and 16 and annex ii . 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 receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to supplement this regulation with a view to carrying out the programme and ensuring effective assessment of its progress towards the achievement of its objectives , 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 work programmes pursuant to article 13 and indicators as indicated in articles 14 and 16 and annex ii . 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 receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts .


### the general objective of the programme is to protect and promote rights and values as enshrined in the eu treaties , including by supporting civil society organisations , in order to sustain open , democratic and inclusive societies . ### the general objective of the programme is to protect and promote rights and values as enshrined in the treaties , including democracy , the rule of law and fundamental rights as enshrined in article 2 teu , in particular by supporting and building the capacity of civil society organisations at local , regional , national and transnational level , in order to sustain open , rights - based , democratic , equal and inclusive societies .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , open , inclusive and democratic society by funding activities that promote a vibrant , well - developed , self - reliant and empowered civil society , including advocacy for the promotion and protection of our common values , and that encourage people ' s democratic , civic and social participation and foster peace and the rich diversity of european society , based on our common values , history and memory . article 11 of the treaty of the european union requires that the institutions shall maintain an open , transparent and regular dialogue with civil society and shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . the commission should maintain a regular dialogue with the beneficiaries of the programme as well as other relevant stakeholders by setting up a civil dialogue group .


### the programme should be open , subject to certain conditions , to the participation of european free trade association members which are members of the european economic area and efta members which are not members of the eea and other european countries . acceding countries , candidate countries and potential candidate countries benefiting from a pre - accession strategy should also be able to participate in the programme . ### as regards the implementation of the specific objectives of promoting gender equality and rights , promoting citizens’ engagement and participation in the democratic life of the union at local , regional , national and transnational level as well as combating violence , the programme should be open , subject to certain conditions , to the participation of european free trade association members which are members of the european economic area and efta members which are not members of the eea and other european countries . acceding countries , candidate countries and potential candidate countries benefiting from a pre - accession strategy should also be able to participate in the programme .


### those rights and values must continue to be promoted and enforced and shared among the citizens and peoples and be at the heart of the eu project . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 ### those rights and values must continue to be cultivated , protected , promoted , enforced and shared among the citizens and peoples and be at the heart of the eu project , as the deterioration of those rights and values in any member state can have detrimental effects on the union as a whole . therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the eu budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as part of the new fund , the justice programme will continue to support the further development of union area of justice and cross - border cooperation . the citizens , rights and values programme will bring together the 2014 - 2020 programme rights , equality and citizenship established by regulation no 1381 / 2013 of the european parliament and of the council8 and the europe for citizens programme established by council regulation no 390 / 20149 , . __________________ 8 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 9 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020


### eur [ 408 . 705 . 000 ] for the specific objectives referred to in article 2 and 2 ; ### eur [ 474 . 457 . 000 ] for the specific objectives referred to in points and of article 2 ;


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate and least burdensome reporting requirements shall be imposed on recipients of union funds and member states . in order to facilitate reporting requirements being met , the commission shall make available user - friendly formats and provide orientation and support programmes particularly targeted to civil society organisations , who may not always have the know - how and adequate resources and staff to meet reporting requirements .


### the rights and values programme should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field . that should be achieved by building on the positive experience of the predecessor programmes . this will enable to fully exploit the potential of synergies , to more effectively support the policy areas covered and to increase their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches . ### the rights and values programme should address the most important challenges to the promotion and protection of values , taking into account that the challenges may vary across the union . to ensure concrete impact , the programme should build on the lessons of the predecessor programmes . it should also take advantage of synergies with other policies and programmes of the union and of other actors . this should increase their effectiveness and efficiency as well as their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches .


### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - muslim hatred and other forms of intolerance . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010 ’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 . ### non - discrimination is a fundamental principle of the union . article 19 of the treaty on the functioning of the european union provides for action to combat discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . non - discrimination is also enshrined in article 21 of the charter . the specific features of the diverse forms of discrimination should be taken into account and appropriate action should be developed in parallel to prevent and combat discrimination on one or more grounds . the programme should support actions to prevent and combat discrimination , racism , xenophobia , anti - semitism , anti - ziganism , anti - muslim hatred and other forms of intolerance against persons belonging to minorities . in that context , particular attention should also be devoted to preventing and combating all forms of violence , hatred , segregation and stigmatisation , as well as combating bullying , harassment and intolerant treatment . the programme should be implemented in a mutually reinforcing manner with other union activities that have the same objectives , in particular with those referred to in the commission communication of 5 april 2011 entitled ‘ an eu framework for national roma integration strategies up to 202010 ’ and in the council recommendation of 09 december 2013 on effective roma integration measures in the member states11 . __________________ 10 com173 . 11 oj c 378 , 24 . 12 . 2013 , p . 1 .


### the rights and values programme should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field . that should be achieved by building on the positive experience of the predecessor programmes . this will enable to fully exploit the potential of synergies , to more effectively support the policy areas covered and to increase their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches . ### the programme should allow developing synergies to tackle the challenges that are common to the promotion and protection of our common values and to reach a critical dimension to have concrete results in the field . that should be achieved by building on and further developing the positive experience of the predecessor programmes . this will enable to fully exploit the potential of synergies , to more effectively support the policy areas covered and to increase their potential to reach people . to be effective , the programme should take into account the specific nature of the different policies , their different target groups and their particular needs through tailor - made approaches .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 2 . ### the commission shall implement information and communication actions relating to the programme , and its actions and results .


### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of people with disabilities in society , on an equal basis with others . people with disabilities are faced with barriers to , among other things , access the labour market , benefit from an inclusive and quality education , avoid poverty and social exclusion , enjoy access to cultural initiatives and media , or use their political rights . as a party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order . ### attitudinal and environmental barriers as well as lack of accessibility hinder the full and effective participation of persons with disabilities in society , on an equal basis with others . persons with disabilities are faced with barriers when it comes to , among other things , accessing the labour market , benefitting from an inclusive and quality education , avoiding poverty and social exclusion , enjoying access to culture , cultural initiatives and media , and using their political rights . asa party to the united nations convention on the rights of persons with disabilities , the union and all its member states have committed to promote , protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities . the provisions of the uncrpd have become an integral part of the union legal order .


### supporting and protecting victims of such violence . ### supporting and protecting victims of such violence , including by facilitating and ensuring access to justice , access to victim support services and access to safe police reporting for all victims of violence .


### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates and unit costs , as well as financing not linked to costs as referred to in article 125 of the financial regulation . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . __________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law . ### the types of financing and the methods of implementation under this regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results , taking into account , in particular , the costs of controls , the administrative burden , the size and capacity of relevant stakeholders and targeted beneficiaries , and the expected risk of non - compliance . this should include consideration of the use of lump sums , flat rates , unit costs and cascading grants , as well as co - funding criteria which take into account volunteer work and financing not linked to costs as referred to in article 125 of the financial regulation . co - funding requirements should be accepted in kind and may be waived in cases of limited complementary funding . in accordance with the financial regulation , regulation no 883 / 2013 of the european parliament and of the council20 council regulation no 2988 / 9521 council regulation no 2185 / 9622 and council regulation 2017 / 193923 the financial interests of the union are to be protected through proportionate measures , including the prevention , detection , correction and investigation of irregularities and fraud , the recovery of funds lost , wrongly paid or incorrectly used and , where appropriate , the imposition of administrative sanctions . in particular , in accordance with regulation no 883 / 2013 and regulation no 2185 / 96 the european anti - fraud office may carry out administrative investigations , including on - the - spot checks and inspections , with a view to establishing whether there has been fraud , corruption or any other illegal activity affecting the financial interests of the union . in accordance with regulation 2017 / 1939 , the european public prosecutor’s office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the union as provided for in directive 2017 / 1371 of the european parliament and of the council24 . in accordance with the financial regulation , any person or entity receiving union funds is to fully cooperate in the protection of the union’s financial interests , to grant the necessary rights and access to the commission , olaf , the eppo and the european court of auditors and to ensure that any third parties involved in the implementation of union funds grant equivalent rights . __________________ 20 regulation no 883 / 2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti - fraud office and repealing regulation no 1073 / 1999 of the european parliament and of the council and council regulation no 1074 / 1999 , no 2988 / 95 of 18 december 1995 on the protection of the european communities financial interests . 22 council regulation no 2185 / 96 of 11 november 1996 concerning on - the - spot checks and inspections carried out by the commission in order to protect the european communities’ financial interests against fraud and other irregularities . 23 council regulation 2017 / 1939 of 12 october 2017 implementing enhanced cooperation on the establishment of the european public prosecutor’s office . 24 directive 2017 / 1371 of the european parliament and of the council of 5 july 2017 on the fight against fraud to the union’s financial interests by means of criminal law .


### equality between women and men is a fundamental value and an objective of the european union . discrimination against and unequal treatment of women violates their fundamental rights and prevents their full political , social and economic participation in society . in addition , the existence of structural and cultural barriers hinders the achievement of real gender equality . promoting gender equality in all activities of the union is therefore a core activity for the union and a driver for economic growth and should be supported by the programme . ### equality between women and men is a fundamental value and an objective of the european union . article 8 tfeu gives the union the task of eliminating inequalities and promoting an effective equality between men and women through all its activities . discrimination against and unequal treatment of any person based on their sex and / or gender violates their fundamental rights and prevents their full political , social and economic participation in society . in addition , the existence of structural and cultural barriers hinders the achievement of real gender equality . promoting and mainstreaming gender equality in all activities of the union , including in work and employment , where discrimination persists on the level of pay and on access to the labour market , is therefore a core activity for the union and a driver for economic growth and should be supported by the programme .


### third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorizing officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences . ### in relation to the implementation of the specific objectives of promoting gender equality and rights , citizens’ engagement and participation in the democratic life of the union at local , regional , national and transnational level and combating violence , third countries which are members of the european economic area may participate in union programmes in the framework of the cooperation established under the eea agreement , which provides for the implementation of the programmes by a decision under that agreement . third countries may also participate on the basis of other legal instruments . a specific provision should be introduced in this regulation to grant the necessary rights for and access to the authorizing officer responsible , the european anti - fraud office as well as the european court of auditors to comprehensively exert their respective competences .


### it lays down the objectives of the programme , the budget for the period 2021 – 2027 , the forms of union funding and the rules for providing such funding . ### it lays down the objectives and scope of the programme , the budget for the period 2021 – 2027 , the forms of union funding and the conditions for providing such funding .


### the work programme shall be adopted by the commission by means of an implementing act . that implementing act shall be adopted in accordance with the advisory procedure referred to in article 19 . ### the commission is empowered to adopt delegated acts in accordance with article 16 to supplement this regulation by establishing the appropriate work programme .


### a delegated act adopted pursuant to article 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council . ### a delegated act adopted pursuant to articles 13 or 14 shall enter into force if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object . that period shall be extended by two months at the initiative of the european parliament or of the council .


### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain rights - based , equal , inclusive and democratic society . that includes a vibrant civil society , encouraging people ' s democratic , civic and social participation and fostering the rich diversity of european society , based on our common history and memory . article 11 of the treaty of the european union further specifies that the institutions shall , by appropriate means , give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . ### the justice , rights and values fund and its two underlying funding programmes will focus primarily on people and entities , which contribute to make our common values , rights and rich diversity alive and vibrant . the ultimate objective is to nurture and sustain a common values and rights - based , open , equal , inclusive and democratic society by funding activities that promote a vibrant and empowered civil society . such activities include encouraging people ' s democratic , civic and social participation and fostering peace and the rich diversity of european society , based on our common values , history and memory . article 11 of the treaty of the european union requires that the institutions maintain an open , transparent and regular dialogue with civil society and give , by appropriate means , citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of union action . the commission should thus maintain a regular dialogue with the beneficiaries of the programme , as well as with other relevant stakeholders .


### this regulation establishes the rights and values programme . ### this regulation establishes the citizens , rights and values programme .