### member states shall establish a register of the fishing vessels authorized to carry on board or land quantities of blackspot seabream caught in the alboran sea that constitute more than 20% of the catch in live weight after sorting per tide . ### member states shall establish a register of the fishing vessels authorized to carry on board or land quantities of blackspot seabream caught in the alboran sea that constitute more than 20 % of the catch in live weight after sorting per tide . that register shall be maintained and updated .


### emerging technologies in food production processes may have an impact on food and thereby on food safety . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food or when foods contain or consist of engineered nanomaterials , as defined in article 2 of regulation no 1169 / 2011 of the european parliament and of the council16 . __________________ 16 regulation no 1169 / 2011 of the european parliament and of the council of 25 october 2011 on the provision of food information to consumers , amending regulation no 1924 / 2006 and no 1925 / 2006 of the european parliament and of the council , and repealing commission directive 87 / 250 / eec , council directive 90 / 496 / eec , commission directive 1999 / 10 / ec , directive 2000 / 13 / ec of the european parliament and of the council , commission directive 2002 / 67 / ec and 2008 / 5 / ec and commission regulation . ### emerging technologies in food production processes have an impact on food and thereby on food safety , consumer health and the environment . therefore , it should also be clarified that a food should be considered as a novel food where a production process which was not previously used for food production in the union is applied to that food .


### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , or a change in particle size of such a substance , for example through nanotechnology , it may have an impact on food and thereby on food safety . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . ### when there is a significant change in the production process of a substance that has been used in accordance with directive 2002 / 46 / ec , regulation no 1925 / 2006 or regulation no 609 / 2013 , it has an impact on food and thereby on food safety , consumer health and the environment . therefore , that substance should be considered a novel food under this regulation and should be re - evaluated first in accordance with this regulation and subsequently in accordance with the relevant specific legislation . when there is a change in the particle size of such a substance , for example through nanotechnology , the substance must be prohibited .


### the implementing powers relating to the definition of ‘ novel food’ , the consultation process for determination of novel food status , other updates of the union list , the drafting and presentation of applications or notifications for the inclusion of foods in the union list , the arrangements for checking the validity of applications or notifications , confidentiality treatment and transitional provisions , should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers . ### the implementing powers relating to the drafting and presentation of applications or notifications for the inclusion of foods in the union list and the arrangements for checking the validity of applications or notifications should be exercised in accordance with regulation no 182 / 2011 of the european parliament and of the council22 . the power to adopt delegated acts in accordance with article 290 tfeu should be delegated to the commission in respect of the authorisation of novel foods and of traditional foods from a third country , the updating of the union list , and the consultation process for determination of a novel food status . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level . the commission , when preparing and drawing up delegated acts , should ensure simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . __________________ 22 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission ' s exercise of implementing powers .


### food to which a new production process not used for food production within the union before 15&#160 ; may 1997 is applied , where that production process gives rise to significant changes in the composition or structure of the food which affect its nutritional value , the way it is metabolised or the level of undesirable&#160 ; substances ; ### food to which a new production process not used for food production within the union before 15&#160 ; may 1997 is applied , where that production process gives rise to significant changes in the composition or structure of the food which affect its nutritional value , the way it is metabolised , the level of undesirable&#160 ; substances , &#160 ; or where that production process might give rise to ethical concerns ;


### it does not , on the basis of the scientific evidence available , pose a safety risk to human health ; ### it does not , on the basis of the independent peer - reviewed scientific evidence available , pose a safety risk to human or animal health or the&#160 ; environment ;


### the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; ### the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , taking into account the emergence of new allergies in particular , the exceeding of maximum intake levels and risks in case of excessive consumption ;


### the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ; ### where relevant , the conditions under which the novel food may be used , in order to avoid , in particular , possible adverse effects on particular groups of the population , the exceeding of maximum intake levels and risks in case of excessive consumption ;


### additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ; ### where relevant , additional specific labelling requirements to inform the final consumer of any specific characteristic or food property , such as the composition , nutritional value or nutritional effects and intended use of the food , which renders a novel food no longer equivalent to an existing food or of implications for the health of specific groups of the population ;


### a post - market monitoring requirement in accordance with article 23 . ### where relevant , a post - market monitoring requirement in accordance with article 23 .


### the procedure for authorising the placing on the market within the union of a novel food and updating the union list as provided for in article 8 shall end with the adoption of an implementing act in accordance with article 11 . ### the commission shall be empowered to adopt delegated acts , in accordance with article 26 concerning the authorisation of the placing on the market within the union of novel foods and the updating of the list laid down in the annex .


### where the commission requests an opinion from efsa , it shall forward the valid application to efsa . efsa shall adopt its opinion within nine months from the date of receipt of a valid application . ### efsa shall adopt its opinion within nine months from the date of receipt of a valid application .


### the commission shall forward the valid notification provided for in article 13 without delay to the member states and to efsa . ### the commission shall forward the valid notification provided for in article 13 without delay to the member states and to efsa and shall make it available to the public on its website .


### where the additional information referred to in paragraph 1 is not received within the extended period referred to in that paragraph , the commission shall act on the basis of the information already provided . ### where the additional information referred to in paragraph 1 is not forwarded within the new period laid down , the commission shall not issue an authorisation .


### 85% of paper and cardboard . ### 95% of paper and cardboard .


### ' 3 . the commission shall , as appropriate , present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging . ' ### in article 4 , paragraph 3 is replaced by the following : ' 3 . the commission shall , present proposals by 2020 to strengthen , upgrade and complement the enforcement of the essential requirements to improve the eco - design , reusability and recyclability of packaging as well as to phase out all hazardous materials in packaging . '


### 75% of paper and cardboard ; ### 90% of paper and cardboard ;


### — packaging shall be designed , produced and commercialized in such a way as to permit its reuse or recovery , including recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of . ### in annex ii , point 1 , indent 2 is replaced by the following : — packaging shall be designed , produced and commercialized in such a way as to permit its re - use or recovery recycling , and to minimize its impact on the environment when packaging waste or residues from packaging waste management operations are disposed of .


### packaging recoverable in the form of composting packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it should not hinder the separate collection and the composting process or activity into which it is introduced . ### in annex ii , point 3 , point c is replaced by the following : packaging recoverable in the form of composting packaging waste processed for the purpose of composting shall be of such a biodegradable nature that it does not hinder the separate collection and the composting process or activity into which it is introduced .


### biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing physical , chemical , thermal or biological decomposition such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water . ' ### in annex ii , point 3 , point d is replaced by the following : biodegradable packaging biodegradable packaging waste shall be of such a nature that it is capable of undergoing a complete decomposition under natural composting conditions such that most of the finished compost ultimately decomposes into carbon dioxide , biomass and water in less than two months with no harm for the marine environment .


### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , and financing from eib group development or other finance institutions as well as investors . ### in order to increase the efficiency of the intervention , a blending facility or blending facilities may be established under the connecting europe facility , once an independent evaluation of the efsi and its effects on the transport sector has been carried out and provided that that evaluation demonstrates that that fund has contributed to achieving the union ' s objectives on decarbonisation , job creation and cross - border connectivity . such blending facilities should finance blending operations which are actions combining non - reimbursable forms of support and / or financial instruments from the union budget , including combination of cef equity and cef debt financial instruments , and financing from eib group development or other finance institutions as well as investors .


### a blending facility under cef should aim to enhance the multiplier effect of union spending by attracting additional resources from private investors . in addition , it should ensure that the actions supported become economically and financially viable . ### a blending facility under cef should aim to enhance the multiplier effect of union spending by attracting additional resources from private investors . in addition , it should ensure that the actions supported become economically and financially viable and should contribute to the achievement of the union ' s objectives on decarbonisation , job creation and cross - border connectivity .


### ‘ blending facility’ means a facility established as a cooperation framework between the commission and development or other public finance institutions as well as commercial finance institutions and investors which aims at achieving certain union priority objectives and policies in using blending operations and other individual actions ; ### ‘ blending facility’ means a facility , established as a cooperation framework between the commission and development or other public finance institutions as well as commercial finance institutions and investors , which aims to achieve certain union priority objectives and policies in using blending operations and other individual actions without leading to the privatisation of profits or the socialisation of losses ;


### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to sustain the current high level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change . ### following the paris agreement adopted under the united nations framework convention on climate change4 , the eib should aim to increase the current level of climate relevant spending under the elm , contributing to increasing its climate - related investment in developing countries from 25 % to 35 % by 2020 , in accordance with the commitment taken as part of its climate strategy . _________________ 4 council decision 2016 / 590 of 11 april 2016 on the conclusion , on behalf of the european union , of the paris agreement adopted under the united nations framework convention on climate change .


### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities . ### eib financing operations supporting the general objectives set out in point of paragraph 1 shall back investment projects in climate change mitigation and adaptation that contribute to the overall objectives of the united nations framework convention on climate change and of the paris agreement adopted under that convention , in particular by avoiding or reducing greenhouse gas emissions and reducing the carbon footprint in the areas of renewable energy , energy efficiency and sustainable transport , or by increasing resilience to the adverse impacts of climate change on vulnerable countries , sectors and communities .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions , including those that are recognised and currently valid and those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions .


### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at national level while allowing for flexibility at the level of individual programmes and between the three groups of member states formed according to respective gross national income . in addition , the methodology to classify member states should be set out in detail taking into account the specific situation of the outermost regions . ### the erdf should help to redress the main regional imbalances in the union and to reduce disparities between the levels of development of the various regions and the backwardness of the least favoured regions including those facing challenges due to the decarbonisation commitments . erdf support under the investment for jobs and growth goal should therefore be concentrated on key union priorities in line with policy objectives laid down in regulation 2018 / xxx [ new cpr ] . therefore support from the erdf should be concentrated on the policy objectives of ' a smarter europe by promoting innovative and smart economic transformation ' and ' a greener , zero - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ' . that thematic concentration should be attained at regional level while allowing for flexibility at the level of individual programmes and between the three groups of regions formed according to respective gdp per capita . in addition , the methodology to classify regions should be set out in detail taking into account the specific situation of the outermost regions .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , with a particular focus on disadvantaged , marginalised and segregated communities , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund and erdf should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , safety of existing tunnels and bridges , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in relation to access to services , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + . ### this regulation should set out the different types of activities the costs of which may be supported by means of investments from the erdf and the cohesion fund , under their respective objectives as set out in the tfeu . the cohesion fund should be able to support investments in the environment and in ten - t in a balanced manner . with regard to the erdf , the list of activities should be simplified and it should be able to support investments in infrastructure , investments in housing , investments in relation to access to services with a particular focus on disadvantaged , marginalised and segregated communities , productive investments in sme ' s , equipment , software and intangible assets , as well as measures with regard to information , communication , studies , networking , cooperation , exchange of experiences between partners and activities involving clusters . in order to support the programme implementation , both funds should also be able to support technical assistance activities . finally , in order to support provide for a broader range of interventions for interreg programmes , the scope should be enlarged to also include the sharing a broad range of facilities and human resources and costs linked to measures within the scope of the esf + .


### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund via both shared management and the direct implementation mode under the connecting europe facility . ### trans - european transport networks projects in accordance with regulation no 1316 / 2013 shall continue to be financed from the cohesion fund via shared management including for improving the safety of existing bridges and tunnels .


### a greener , low - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management ### a greener , zero - carbon europe by promoting clean and fair energy transition , green and blue investment , the circular economy , climate adaptation and risk prevention and management


### a more connected europe by enhancing mobility and regional ict connectivity ### a more connected europe by enhancing sustainable mobility and regional ict connectivity


### ' a more connected europe by enhancing mobility and regional ict connectivity ' by : ### ' a more connected europe by enhancing sustainable mobility and regional ict connectivity ' by :


### developing a sustainable , climate resilient , intelligent , secure and intermodal ten - t ; ### developing a sustainable , climate resilient , intelligent , safe and secure and intermodal ten - t ;


### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the gdp per capita means the ratio between the gdp per capita of a region , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp per capita in purchasing power standards of the 27 member states for that same reference period .


### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning and education activities . ### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning , reskilling and education activities .


### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; ### investments in the environment , including investments related to circular economy , sustainable development and sustainable renewable energy and energy efficiency presenting significant environmental benefits ;


### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of energy efficiency or renewable energy use . ### in addition , the cohesion fund shall not support investment in housing unless related to the promotion of resource and energy efficiency or renewable energy use .


### rcr 43 - water losses ### rcr 43 - reduction of water losses


### cco 04 - smes supported to create jobs and growth ### cco 04 - smes supported to create jobs and sustainable growth


### between five and seven years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and report on the main findings to the european parliament , the council and the european economic and social committee . ### between five and seven years after the date of application of this regulation , the commission shall carry out an evaluation of this regulation and report on the main findings to the european parliament , the council and the european economic and social committee . the evaluation shall include a proposal on the deletion of cryptography from the category 5 , part 2 of annex 1 .


### up to 10% of the funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs , new crises situations or significant political shifts in third countries , in addition to the amounts already programmed . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission . ### up to 5% of the funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs , new crises situations or significant political shifts in third countries , in addition to the amounts already programmed . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission .


### appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in regulation no 231 / 2014 of the european parliament and of the council of 11 march 2014 establishing an instrument for pre - accession assistance , regulation no 232 / 2014 of the european parliament and of the council of 11 march 2014 establishing a european neighbourhood instrument and regulation no 233 / 2014 of the european parliament and of the council of 11 march 2014 establishing a financing instrument for development cooperation for the period 2014 - 2020 , within a limit of 10% of the initial appropriations of each instrument . ### appropriations kept unallocated at the beginning of the financial year relating to the funds referred to in regulation no 231 / 2014 of the european parliament and of the council of 11 march 2014 establishing an instrument for pre - accession assistance , regulation no 232 / 2014 of the european parliament and of the council of 11 march 2014 establishing a european neighbourhood instrument and regulation no 233 / 2014 of the european parliament and of the council of 11 march 2014 establishing a financing instrument for development cooperation for the period 2014 - 2020 , within a limit of 5% of the initial appropriations of each instrument .


### where the commission makes use of union trust funds , it shall attach to the draft budget a working document on the activities supported by union trust funds , on their implementation and performance . ### where the commission makes use of union trust funds , it shall attach to the draft budget a working document on the activities supported by union trust funds , on their implementation and performance and on how the activities supported by those trust funds have contributed to the objectives laid down in the basic act establishing the instrument from which the union contribution to those trust funds was provided .


### for emergency , post - emergency or thematic actions , the commission may create , after informing the european parliament and the council , trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors . ### for emergency , post - emergency or thematic actions , the commission may , after informing the european parliament and the council and in case neither the european parliament nor the council opposes this creation&#160 ; within 60 days , create trust funds under an agreement concluded with other donors . the constitutive act of each trust fund shall define the objectives of the trust fund . the commission decision establishing the trust fund shall include a description of the fund ' s objectives , the justification for its creation in accordance with paragraph 3 , an indication of its duration and the preliminary agreements with other donors .


### a board chaired by the commission shall be established for each union trust fund to ensure the fair representation of the donors , and of the non - contributing member states as observers , and to decide upon the use of the funds . the rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the commission and adhered to by the donors . those rules shall include the requirement to have the positive vote of the commission for the final decision on the use of the funds . ### a board chaired by the commission shall be established for each union trust fund to ensure the fair representation of the donors , and of the non - contributing member states and the european parliament as observers , and to decide upon the use of the funds . the rules for composition of the board and its internal rules shall be laid down in the constitutive act of the trust fund adopted by the commission and adhered to by the donors . those rules shall include the requirement to have the positive vote of the commission for the final decision on the use of the funds .


### financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer . ### financial reporting on the operations carried out by each trust fund shall be established twice every year by the authorising officer . in addition , the commission shall report at least every six months on the implementation of each trust fund according to qualitative criteria , such as the nature of projects and programmes supported , the selection procedures , geographical and thematic priorities , the supervision of intermediaries and how the trust fund contributes to the fulfillment of the objectives foreseen in the basic act of the union instruments contributing to its financing .


### the free movement of workers , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union . ### the free movement of persons , freedom of establishment and freedom to provide services are fundamental principles of the internal market of the union , enshrined in the treaty on the functioning of the european union .


### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion , and the promotion of a high level of education , training and the protection of human health . ### pursuant to article 3 teu , the union is to work for a highly competitive social market economy , aiming at full employment and social progress and promote social justice and protection . in accordance with article 9 tfeu , the union , in defining and implementing its policies and activities , is to take into account requirements linked to , inter alia , the promotion of a high level of employment , the guarantee of an adequate social protection , the fight against social exclusion as well as discrimination , and the promotion of a high level of education , training and the protection of human health .


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


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


### in view of the fair , simple and effective application of union law , the authority should support cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities . ### in view of the just , simple and effective application of union law , the authority should support cooperation and timely exchange of information between member states . together with other staff , national liaison officers working within the authority should support member states’ compliance with cooperation obligations , speed up exchanges between them through procedures dedicated to reducing delays , and ensure links with other national liaison offices , bodies , and contact points established under union law . the authority should encourage the use of innovative approaches to effective and efficient cross - border cooperation , including electronic data exchange tools such as the electronic exchange of social security information system and the internal market information system , and should contribute to further digitalising procedures and improving it tools used for message exchange between national authorities .


### to increase member states ' capacity to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities in carrying out concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the concerted and joint inspections according to national law . ### to increase member states ' capacity , to ensure protection of people exercising their free movement rights and to tackle irregularities with a cross - border dimension in relation to union law within its scope , the authority should support the national authorities and social partners in carrying out national concerted and joint inspections , including by facilitating the implementation of the inspections in accordance with article 10 of directive 2014 / 67 / eu . these should take place at the request of member states or upon their agreement to the authority ' s suggestion . the authority should provide strategic , logistical , and technical support to member states participating in the national concerted or joint inspections in full respect of confidentiality requirements . inspections should be carried out in agreement with the member states concerned and take place fully within the legal framework of national law of member states concerned , which should follow up on the outcomes of the national concerted and joint inspections according to national law .


### in order to keep track of emerging trends , challenges , or loopholes in the areas of labour mobility and social security coordination , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states . ### in order to keep track of emerging trends , challenges , or loopholes , gaps and inconsistencies in the areas of labour mobility and social security coordination as well as other related areas , the authority should develop an analytical and risk assessment capacity . this should involve carrying out labour market analyses and studies , as well as peer reviews . the authority should monitor potential imbalances in terms of skills and cross - border labour flows , including their possible impact on territorial cohesion . the authority should also support the risk assessment referred to in article 10 of directive 2014 / 67 / eu . the authority should ensure synergies and complementarity with other union agencies or services or networks . this should include seeking input from solvit and similar services on recurring problems encountered by individuals and businesses in the exercise of their rights in the areas under the scope of the authority . the authority should also facilitate and streamline data collection activities provided for by the relevant union laws within its scope . this does not entail the creation of new reporting obligations for member states .


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . in those cases , the authority should hear the member states as well as the persons concerned to ensure it has a full picture of the situation . the authority should mainly deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should primarily continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . when , however , the authority , following a prima facie assessment , considers it would be better to directly deal with the case concerned , it should do so . upon its own initiative or at the request of a person concerned , the solvit network refer to the authority for its consideration cases brought to their attention in which the problem is not being solved , for example due to differences between national administrations or when no solution has been provided to the person concerned in due time . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### to facilitate the management of labour market adjustments , the authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as cases of restructuring or major projects impacting employment in border regions . ### to facilitate the management of labour market adjustments , the authority should facilitate cooperation among relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as cases of restructuring or major projects impacting employment in border regions . the authority should also facilitate such cooperation to address structural problems in access to labour and social rights due to inconsistencies between national schemes , such as differences in pension age , access to benefits for self - employed persons or in assessing to what extent a person with a disability is fit for work .


### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 . ### the authority should directly rely on the expertise of relevant stakeholders in the areas under its scope through a dedicated stakeholder group . the members should be representatives of union - level social partners and civil society organisations as part of the transparent and regular dialogue with representative associations and civil society in accordance with article 11and tfeu . in carrying out its activities , the stakeholder group will take due account of the opinions and draw on the expertise of the advisory committee for the coordination of social security systems established by regulation no 883 / 2004 and the advisory committee on the free movement of workers established pursuant to regulation no 492 / 2011 .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , as referred to in article 6 of the treaty on european union , ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , as referred to in article 6 of the treaty on european union , as well as in full respect of applicable international labour and human rights law ,


### the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : ### the objective of the authority shall be to contribute to ensuring non - precarious mobility in the european union market . to this end , the authority shall :


### support member states with capacity - building regarding the effective enforcement of relevant union law , in accordance with article 12 ; ### support member states and all relevant social partners and stakeholders with capacity - building regarding the effective enforcement of relevant union law , in accordance with article 12 ;


### 7access to cross - border labour mobility services ### 7access to cross - border labour mobility services and other relevant services


### report to the commission on a quarterly basis about unresolved requests between member states , and if considered necessary , refer those to mediation in accordance with article 13 . ### report to the commission on a quarterly basis about unresolved requests between member states , and if considered necessary , refer those to mediation in accordance with article 13 and article 13a .


### the authority shall promote the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system . ### the authority shall promote and monitor the use of electronic tools and procedures for message exchange between national authorities , including the internal market information system and the electronic exchange of social security information system .


### an agreement for setting up a joint inspection between the participating member states and the authority shall set out the conditions for carrying out such an exercise . the joint inspection agreement may include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the authority shall establish a model agreement . ### an agreement for setting up a joint inspection between the participating member states , and / or social partners and relevant stakeholders with a legitimate interest and the authority shall set out the conditions for carrying out such an exercise . the joint inspection agreement shall include provisions which enable joint inspections , once agreed and planned , to take place at short notice . the authority shall develop binding guidelines for concerted and joint inspections and establish a model agreement .


### the authority shall provide logistical and technical support , which may include translation and interpretation services , to member states carrying out concerted or joint inspections . ### the authority shall provide operative , legal , logistical and technical support , which may include translation and interpretation services and legal assistance , to member states or social partners carrying out concerted or joint inspections .


### national authorities carrying out a concerted or joint inspection shall report back to the authority on the outcomes within their respective member states and on the overall operational running of the concerted or joint inspection . ### national authorities or social partners carrying out a concerted or joint inspection shall report back to the authority on the outcomes within their respective member states and on the overall operational running of the concerted or joint inspection . the authority shall establish a template for their reports , taking into account the necessity to avoid unnecessary administrative burden . the results of joint inspections may be used as evidence in the member state with the same legal value of information collected within their own territory .


### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . ### information on concerted and joint inspections shall be included in quarterly reports to be submitted to the management board and to the stakeholder group . a yearly report on the inspections supported by the authority shall be included in the authority ' s annual activity report . this report shall include a list of cases in which member states refused to participate in a joint inspection .


### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . upon a request by the commission , the authority may carry out focused in - depth analyses and studies to investigate specific labour mobility issues . ### the authority shall assess risks and carry out analyses regarding cross - border labour flows , such as labour market imbalances , sector - specific threats and recurring problems encountered by individuals and employers in relation to cross - border mobility , undeclared work , fraud and exploitations as well as analysis related to cross - border social security matters , including portability of pensions . for that purpose , the authority shall ensure complementarity with , and draw on the expertise of , other union agencies or services , including in the areas of skills forecasting and health and safety at work . the authority shall carry out focused in - depth analyses and studies to investigate specific mobility issues . the authority shall also assess risks and carry out analyses regarding cross - border social security coordination in order to identify possible gaps and areas of improvement . the authority shall conduct any assessment making full use of the work of other agencies and in particular the work of eurofound . the agency shall avoid duplication of work . when completing risk assessments , the authority shall always take into account the cost of non - action .


### the authority shall regularly report its findings to the commission , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . ### the authority shall regularly report , after discussion with the stakeholder group , its findings to the commission and the european parliament , as well as directly to the member states concerned , outlining possible measures to address identified weaknesses . the report shall be published by 15th march of the following year at the latest , and taken into account by the country - specific recommendations , when relevant .


### the authority shall collect statistical data compiled and provided by member states in the areas of union law within the scope of the authority’s competences . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and share the results of its data collection activities , where appropriate . ### the authority shall collect statistical data , disaggregated by gender , age , income level , occupation and labour marked status , compiled and provided by member states in the areas of union law within the scope of the authority’s competences . in doing so , the authority shall seek to streamline current data collection activities in those areas . where relevant , article 16 shall apply . the authority shall liaise with the commission and share the results of its data collection activities , where appropriate .


### the authority shall support member states with capacity building aimed at promoting the consistent enforcement of the union law in all areas covered by this regulation . the authority shall , in particular , carry out the following activities : ### the authority shall support member states , social partners and civil society organisations with capacity building aimed at promoting the consistent enforcement of the union law in all areas covered by this regulation . the authority shall , in particular , carry out the following activities :


### develop common guidelines for use by member states , including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level ; ### develop common guidelines for use by member states , social partners and civil society organisations including guidance for inspections in cases with a cross - border dimension , as well as shared definitions and common concepts , building on relevant work at the union level , in accordance with ilo labour inspection convention no 81 ;


### promote the exchange and dissemination of experiences and good practices , including examples of cooperation between the relevant national authorities ; ### promote the exchange and dissemination of experiences and good practices , including examples of cooperation between the relevant national authorities , social partners and civil society organisations ;


### in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation , the authority may perform a mediation role . ### in the event of disputes between member states regarding the application or interpretation of union law in areas covered by this regulation where no agreement was reached between the institutions concerned , the authority may perform a mediation role .


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


### cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . ### cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority , unless all parties concerned have agreed to this . in such cases , all court proceedings will be suspended until the mediation procedure has been finalised .


### the authority shall coordinate , develop and apply interoperability frameworks to guarantee the exchange of information between member states and also with the authority . those interoperability frameworks shall be based on and supported by the european interoperability framework70 and by the european interoperability reference architecture referred to in decision 2015 / 2240 of the european parliament and of the council71 . _________________ 70 communication from the commission to the european parliament , the council , the european economic social committee and the committee of the regions : european interoperability framework – implementation strategy - com 134 final . 71 decision 2015 / 2240 of the european parliament and of the council of 25 november 2015 establishing a programme on interoperability solutions and common frameworks for european public administrations , businesses and citizens as a means for modernising the public sector . ### the authority shall coordinate , develop and apply interoperability frameworks to guarantee the exchange of information between member states and also with the authority . those interoperability frameworks shall be based on and supported by the european interoperability framework70 and by the european interoperability reference architecture referred to in decision 2015 / 2240 of the european parliament and of the council71 . at the request of the authority , national authorities shall provide the authority with all the necessary information , in specified formats , to carry out the tasks conferred on it by this regulation , provided that they have legal access to the relevant information . the information shall be accurate , coherent , complete and timely . _________________ 70 communication from the commission to the european parliament , the council , the european economic social committee and the committee of the regions : european interoperability framework – implementation strategy - com 134 final . 71 decision 2015 / 2240 of the european parliament and of the council of 25 november 2015 establishing a programme on interoperability solutions and common frameworks for european public administrations , businesses and citizens as a means for modernising the public sector .


### the management board shall be composed of one senior representative from each member state and two representatives of the commission , all of whom have voting rights . ### the management board shall be composed of one senior representative from each member state two representatives of the commission , six social partner representatives and three independent experts appointed by the european parliament , all of whom have voting rights . the senior representatives of each member state and their substitutes shall present professional competences in both labour law and social security regulations .


### the member states and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board . ### the member states , the social partners and the commission shall make efforts to limit the turnover of their representatives on the management board in order to ensure continuity of the board ' s work . all parties shall aim to achieve balanced representation between men and women on the management board .


### representatives from third countries , which are applying the union law in areas covered by this regulation , may participate in the meetings of the management board as observers . ### representatives from third countries , which are applying the union law in areas covered by this regulation , may participate in the meetings of the management board as observers . each member and alternate member shall sign a written declaration of interests when taking office and shall update it when there is a change of circumstances in that regard .


### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as the members of the stakeholder group and the working groups and panels of the authority set up in accordance with article 17 , and shall publish annually on its website the declaration of interests of the management board members ; ### adopt rules for the prevention and management of conflicts of interest in respect of its members , as well as the members of the stakeholder group and the working groups and panels of the authority set up in accordance with article 17 as well as seconded national experts in accordance with article 34 , and shall publish annually on its website the declaration of interests of the management board members ;


### 20chairperson of the management board ### 20chairpersons of the management board


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


### in the event that a first vote does not reach the two - thirds majority , a second vote shall be organised whereby the chairperson and deputy chairperson shall be elected by a simple majority of the members of the management board with voting rights . ### in the event that a first vote does not reach the two - thirds majority , a second vote shall be organised whereby the chairpersons shall be elected by a simple majority of the members of the management board with voting rights .


### the deputy chairperson shall automatically replace the chairperson if he or she is prevented from attending to his or her duties . ### one chairperson shall automatically replace the other if he or she is prevented from attending to his or her duties .


### the term of office of the chairperson and the deputy chairperson shall be four years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date . ### the term of office of the chairpersons shall be four years . their term of office may be renewed once . where , however , their membership of the management board ends at any time during their term of office , their term of office shall automatically expire on that date .


### the stakeholder group shall be chaired by the executive director and shall meet at least twice a year on the initiative of the executive director or at the request of the commission . ### the stakeholder group shall be chaired by its elected chair and shall meet at least twice a year on the initiative of the executive director or at the request of the commission or at the request of 20% of its members .


### the members of the stakeholder group shall be nominated by their respective organisations and appointed by the management board . the management board shall also appoint alternate members , in accordance with the same conditions as members , who shall automatically replace any members who are absent or indisposed . to the extent possible , an appropriate gender balance shall be respected , as well as adequate representation of smes . ### the members and alternate members of the stakeholder group referred to in 4 , shall be nominated by the european social partners with due respect to gender balance and ensuring adequate representation of smes and appointed by the management board . the members and alternate members of the stakeholder group referred to in 4 , shall be nominated by the european economic and social committee . ees will pay particular attention to geographic balance , gender balance and representation of the different fields of activity of csos and appointed by the management board . the members and alternate members of the stakeholder group referred to in 4 , shall be nominated by the european commission with due respect to gender balance and appointed by the management board . where based on nominations under point gender balance is highly disproportionate , i . e . less than 30% of one gender , the management board shall delay the appointment until this is rectified and invites nominating organisations to bring forward more balanced proposals . all members of the stakeholder group must demonstrate relevant professional knowledge and skills . the management board shall also appoint alternate members , in accordance with the same conditions as members , who shall automatically replace any members who are absent or indisposed .


### the authority shall make public the opinions and advice of the stakeholder group and the results of its consultations , except in case of confidentiality requirements . ### the authority shall make public the opinions , advice and recommendations of the stakeholder group and the results of its consultations , except in case of confidentiality requirements .


### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the management board shall appoint the executive director from a list of candidates proposed by the commission , following an open and transparent selection procedure . when there are two candidates of equal merit , the management board shall give preference to the under - represented gender .


### regulation no 1049 / 2001 shall apply to documents held by the authority . the management board shall , within six months of the date of its first meeting , adopt the detailed rules for applying regulation no 1049 / 2001 . ### regulation no 1049 / 2001 shall apply to documents held by the authority . the management board shall , within six months of the date of its first meeting , adopt the detailed rules for applying regulation no 1049 / 2001 . regulation no 45 / 2001 shall apply to the processing of personal data by the authority .


### the activities of the authority shall be subject to the inquiries of the european ombudsman in accordance with article 228 tfeu . ### the activities of the authority as well as activities , national , concerted or joint inspections carried out with the involvement of staff of the authority shall be subject to the inquiries of the european ombudsman in accordance with article 228 tfeu .


### the commission should carry out an evaluation of this regulation . information should be collected in order to inform that evaluation and allow the assessment of the performance of the legislation against the objectives it pursues . ### the commission should carry out an evaluation of this regulation . information should be collected in order to inform that evaluation and allow the assessment of the performance of the legislation against the objectives it pursues . the european commission should also evaluate the opportunity to have a truly centralized and harmonized european reporting system via the set up of a central reporting interface .


### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface module referred to in paragraph 2 ; ### the functional and technical specifications , quality control mechanisms and procedures for deploying , maintaining and employing the reporting interface module referred to in paragraph 2 , while ensuring that the interface remains technology neutral in order not to impair innovation ;


### reporting information provided at departure from a port in the union is not requested again during the voyage or at arrival to the next port in the union , provided that the ship has not called to a port outside of the union during the voyage . this point shall not apply to information received pursuant to regulation no 952 / 2013 , unless such possibility is provided for in that regulation ; ### reporting information provided at departure from a port in the union is not requested again during the voyage or at arrival to the next port in the union , provided that the ship has not called to a port outside of the union during the voyage and provided that the data does not change in between port calls and can be re - used as it stands for administrative and operational purposes . this point shall not apply to information received pursuant to regulation no 952 / 2013 , unless such possibility is provided for in that regulation ;


### 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 within and across the borders of the internal market in the context of research and development and innovation . nevertheless this role should not to be the detriment of innovation .


### 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 the confidential information 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 .


### 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 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 . however , protection against unlawful acquisition , disclosure and use of trade secrets should not be to the detriment of employee mobility and reduce their employability . this must be taken into account when setting the limitation period to the measures , procedures and remedies provided for in this directive . this period should be no longer than a year . this directive must strike the right balance between the employees who create new ideas and the companies who provide the resources and the environment for the development of these ideas .


### 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 .


### 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 council 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 .


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down rules on the protection against the acquisition , disclosure and use of undisclosed know - how and business information , without the authorisation of the natural or legal persons that are lawfully controlling them and in a manner that is contrary to honest commercial practices .


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


### has been subject to reasonable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . ### has been subject to reasonable and demonstrable steps under the circumstances , by the person lawfully in control of the information , to keep it secret . these reasonable steps shall be assessed by the competent judicial authorities on the basis , notably , of the legitimate use of technical and contractual means by the person lawfully in control of the information .


### ’infringing goods’ means goods whose design , quality , manufacturing process or marketing significantly benefits from trade secrets unlawfully acquired , used or disclosed . ### ' unlawful goods ' means goods that are placed on the market whose design , quality , manufacturing process or marketing are demonstrated to benefit from trade secrets unlawfully acquired , used or disclosed .


### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally or with gross negligence by : ### the acquisition of a trade secret without the consent of the trade secret holder shall be considered unlawful whenever carried out intentionally with the aim of acquiring an economical gain or of causing economic detriment to person lawfully controlling it or with gross negligence by


### unauthorised access to or copy of any documents , objects , materials , substances or electronic files , lawfully under the control of the trade secret holder , containing the trade secret or from which the trade secret can be deduced ; ### unauthorised access to the trade secret , which may include any documents , objects , materials , substances or electronic files containing the trade secret , lawfully under the control of the trade secret holder ;


### 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 trade secret holder , intentionally and with the aim of acquiring an economic gain or advantage or of causing economic detriment to the person lawfully controlling it or with gross negligence , by a person who is found to meet any of the following conditions :


### any other practice which , under the circumstances , is in conformity with honest commercial practices . ### any other practice which , under the circumstances , is in conformity with honest commercial practices or is required or authorised by national laws , eu regulations or public institutions fulfilling their mandate ;


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


### member states shall ensure that 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 matter involved qualifies as a trade secret , 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 .


### a declaration of infringement ; ### a declaration of unlawful access , disclosure or use ;


### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the infringer who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the actual prejudice suffered . ### member states shall ensure that the competent judicial authorities , on the application of the injured party , order the unlawful accessor , acquirer or user of trade secret who knew or ought to have known that he or she was engaging in unlawful acquisition , disclosure or use of a trade secret , to pay the trade secret holder damages commensurate to the actual prejudice suffered as a result of the unlawful access , disclosure or use of the trade secret .


### our daily lives and economies become increasingly dependent on digital technologies , citizens become more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability to protect the union against cyber threats , as both civilian infrastructure and military capacities rely on secure digital systems . ### our daily lives and economies become increasingly dependent on digital technologies , citizens become more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability to protect the union against cyber threats as both infrastructure and security capacities rely on secure digital systems .