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


### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent , in an easy manner , to receiving further marketing communications . ### any natural or legal person using electronic communications services to transmit direct marketing communications shall inform end - users of the marketing nature of the communication and the identity of the legal or natural person on behalf of whom the communication is transmitted and shall provide the necessary information for recipients to exercise their right to withdraw their consent or object , in a manner that is as easy as giving the consent and free of charge , to receiving further marketing communications .


### information about detected security risks ### integrity of the communications and information about security risks


### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services shall have the same remedies provided for in articles 77 , 78 , and 79 of regulation 2016 / 679 . ### without prejudice to any other administrative or judicial remedy , every end - user of electronic communications services and , where applicable , every body , organisation or association , shall have the same remedies provided for in articles 77 , 78 , 79 and 80 of regulation 2016 / 679 .


### at least 40% of the variable remuneration shall be deferred over a three to five year period as appropriate , depending on the business cycle of the investment firm , the nature of its business , its risks and the activities of the individual in question , except in the case of a variable remuneration of a particularly high amount where the proportion of the variable remuneration deferred is at least 60% ; ### at least 40% of the variable remuneration shall be deferred over at least five years as appropriate , depending on the business cycle of the investment firm , the nature of its business , its risks and the activities of the individual in question , except in the case of a variable remuneration of a particularly high amount where the proportion of the variable remuneration deferred is at least 60% ;


### an investment firm , the asset value of which is on average equal to or less than eur 100 million over the four - year period immediately preceding the given financial year ; ### an investment firm , the&#160 ; value of on - and off - balance sheet assets of which is on average equal to or less than eur 100 million over the four - year period immediately preceding the given financial year ;


### criminalisation of the receiving training for terrorism complements the existing offence of providing training and specifically addresses the threats resulting from those actively preparing for the commission of terrorist offences , including those ultimately acting alone . ### criminalisation of the receiving training for terrorism complements the existing offence of providing training and specifically addresses the threats resulting from those actively preparing for the commission of terrorist offences , including those ultimately acting alone . this criminalisation should only cover active participation in the training ; the mere fact of visiting websites containing information or receiving communications should not be covered .


### terrorist financing should be punishable in the member states and cover the financing of terrorist acts , the financing of a terrorist group , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences . aiding and abetting or attempting terrorist financing should also be punishable . ### without prejudice to directive 2015 / 849 / eu of the european parliament and of the council1a , terrorist financing should be punishable in the member states and cover not only the financing of terrorist acts but also the financing of terrorist organisations and individual terrorists even in the absence of a link to a specific terrorist act or acts , as well as other offences related to terrorist activities , such as the recruitment and training , or travel for terrorist purposes , with a view to disrupting the support structures facilitating the commission of terrorist offences . aiding and abetting or attempting terrorist financing should also be punishable . sanctions should be reviewed by an independent oversight body and any sanctions should be linked to a specific criminal offence , to avoid arbitrary decisions on the basis of national , religious , ethnical , or racial criteria . __________________ 1a directive 2015 / 849 of the european parliament and of the council of 20 may 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing , amending regulation no 648 / 2012 of the european parliament and of the council , and repealing directive 2005 / 60 / ec of the european parliament and of the council and commission directive 2006 / 70 / ec .


### member states shall communicate to the commission the text of the main provisions of national law which they adopt in the field covered by this directive . ### member states shall communicate to the commission the text of the provisions of national law which they adopt in the field covered by this directive .


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


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


### international efforts taken in the framework of the world trade organisation to address this problem led to the conclusion of the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations . ### the agreement on trade - related aspects of intellectual property contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations .


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


### it is also important to identify the circumstances under which legal protection is justified . for this reason , it is necessary to establish the conduct and practices which are to be regarded as unlawful acquisition , use or disclosure of a trade secret . disclosure by union’s institutions and bodies or national public authorities of business - related information they hold pursuant to the obligations of regulation no 1049 / 2001 of the european parliament and of the council6 or to other rules on the access to documents should not be considered unlawful disclosure of a trade secret . __________________ 6 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents . ### it is also important to identify the circumstances under which legal protection is justified . for this reason , it is necessary to establish the conduct and practices which are to be regarded as unlawful acquisition , use or disclosure of a trade secret . disclosure by union’s institutions and bodies or national public authorities of business - related information they hold pursuant to the obligations of regulation no 1049 / 2001 of the european parliament and of the council6 or to other rules on the access to documents should not be considered unlawful disclosure of a trade secret . similarly , any information which disclosure is required by union or national rules or by public authorities should not fall within the scope of this directive . it should also be the case of the protecting of legitimate public interest , such as consumer protection , the protection of workers , the protection of human , animal or plant life , the protection of the environment and of urban environment , the safeguard of fundamental rights , including freedom of expression and information , the prevention of unfair competition . __________________ 6 regulation no 1049 / 2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament , council and commission documents .


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


### in the interest of legal certainty and considering that legitimate trade secret holders are expected to exercise a duty of care as regards the preservation of the confidentiality of their valuable trade secrets and the monitoring of their use , it appears appropriate to restrict the possibility to initiate actions for the protection of trade secrets to a limited period following the date on which the trade secret holders became aware , or had reason to become aware , of the unlawful acquisition , use or disclosure of their trade secret by a third party . ### in the interest of 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 , the protection against unlawful acquisition , disclosure and use of trade secrets should not restrict employees ' mobility and become a burden in their efforts to find a job . this need to be taken into account when setting the limitation period to the measures , procedures and remedies provided for in this directive : this period should not be longer than a year . generally , it is necessary to have a proper balance between the employees who create new ideas and the companies who provide the resources and the environment for the development of these ideas . this directive should reflect this balance .


### 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 by charitable organisations .


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


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


### 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 authorization of the natural or legal persons that are lawfully controlling them and in a manner that is contrary to honest commercial practices .


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ' defendant ' means any natural or legal person who has intentionally unlawfully acquired , used or disclosed trade secrets for purposes of commercial nature and in a manner contrary to honest commercial practices ;


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


### 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 , lawfully under the control of the natural or legal person lawfully controlling a trade secret ;


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


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


### is proportionate ; ### is proportionate to the actual economic detriment for the holder of the trade secret due to the alleged unlawful access , disclosure or use of it ;


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


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


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


### 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 the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that a trade secret exists , that the applicant is the legitimate trade secret holder and that the trade secret has been acquired unlawfully , that the trade secret is being unlawfully used or disclosed , or that an unlawful acquisition , use or disclosure of the trade secret is imminent .


### member states shall ensure that the competent judicial authorities have , in respect of the measures referred to in article 9 , the authority to require the applicant to provide evidence that may reasonably be considered available in order to satisfy themselves that 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 natural or legal person lawfully controlling a trade secret , that the trade secret has been acquired unlawfully , and that the trade secret is being unlawfully used or disclosed .


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


### depriving the infringing goods of their infringing quality ; ### depriving the unlawful goods of the quality that derived from the use of the trade secret ;


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


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


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


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


### international efforts taken in the framework of the world trade organisation to address this problem led to the conclusion of the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets against their unlawful acquisition , use or disclosure by third parties , which are common international standards . all member states , as well as the union itself , are bound by this agreement which was approved by council decision 94 / 800 / ec5 . __________________ 5 council decision of 22 december 1994 concerning the conclusion on behalf of the european community , as regards matters within its competence , of the agreements reached in the uruguay round multilateral negotiations . ### the agreement on trade - related aspects of intellectual property . it contains , inter alia , provisions on the protection of trade secrets - referred to in the text as ' undisclosed information ' - against their unlawful acquisition , use or disclosure by third parties .


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


### in the interest of innovation and to foster competition , the provisions of this directive should not create any exclusive right on the know - how or information protected as trade secrets . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product . ### in the interest of innovation and to foster competition , the provisions of this directive and its implementation should not create any exclusive right on the know - how or information protected as trade secrets . the provisions for protection of trade secrets conferred by this directive do not constitute an intellectual property right and it should not be possible for them to be invoked solely in order to restrict competition . thus , independent discovery of the same know - how and information remains possible and competitors of the trade secret holder are also free to reverse engineer any lawfully acquired product , as long as this is in line with honest commercial practices .


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


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


### 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 , the protection against unlawful acquisition , disclosure and use of trade secrets should not restrict employees ' mobility and become a burden in their efforts to find a job in the eu market . this needs to be taken into account when setting the limitation period to the measures , procedures and remedies provided for in this directive : this period should therefore not exceed a year . the legal framework set out by this directive shall aim to properly reflect the necessary to have a proper balance between the employees who create new ideas and the companies who provide the resources and the environment for the development of these ideas .


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


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


### to act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large , it is useful to publicise decisions , including where appropriate through prominent advertising , in cases concerning the unlawful acquisition , use or disclosure of trade secrets , as long as such publication does not result in the disclosure of the trade secret nor disproportionally affect the privacy and reputation of natural persons . ### to act as a supplementary deterrent to future infringers and to contribute to the awareness of the public at large , it is useful to publicise decisions , including where appropriate through prominent advertising , in cases concerning the unlawful acquisition , use or disclosure of trade secrets , as long as such publication does not result in the disclosure of the trade secret nor disproportionally affect the privacy and reputation of natural persons . there is also a necessity to raise awareness , especially for smes , of the availability of redress and remedies in cases of unlawful acquisition , use or disclosure of trade secrets .


### this directive respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . ### the implementation of this directive should ensure that it respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the right to respect private and family life , the right to the protection of personal data , the freedom of expression and information , the freedom to choose an occupation and right to engage in work , the freedom to conduct a business , the right to property , the right to good administration , access to file and preservation of secrecy of business , the right to an effective remedy and to a fair trial and right of defence . thus the provisions of this directive should not apply , if the disclosure of information is in the overriding public interest or can be considered as a fundamental right .


### ' 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


### is secret in the sense that it is not , as a body or in the precise configuration and assembly of its components , generally known among or readily accessible to persons within the circles that normally deal with the kind of information in question ; ### is secret in the sense that it is not , as a body or in the precise configuration and assembly of its components , known among or readily accessible to persons within the circles that normally deal with the kind of information in question ;


### 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 .


### 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 by the person lawfully in control of the information , to keep it secret , through means that can be verifiable by the relevant competent judicial authorities .


### ‘ infringer’ means any natural or legal person who has unlawfully acquired , used or disclosed trade secrets ; ### ‘ breacher’ means any natural or legal person who has intentionally unlawfully acquired , used or disclosed trade secrets for purposes of commercial nature and in a manner contrary to honest commercial practices ;


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


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


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


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


### has acquired the trade secret unlawfully ; ### has acquired and used or disclosed the trade secret unlawfully ;


### independent discovery or creation ; ### independent technological discoveries and designs or independent manufacture of goods with properties that are identical or similar to those placed on the market by persons in lawful control of a trade secret ;


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


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


### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . ### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access , provided that the concerned trade secret has been identified and that the relevant information has been proved as being confidential by the competent judicial authority after consultation of both parties .


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


### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the value of the trade secret , the measures taken to protect the trade secret , the conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information . ### member states shall ensure that in deciding on the granting or rejecting of the application and assessing its proportionality , the competent judicial authorities shall be required to take into account the specific circumstances of the case . this assessment shall include , where appropriate , the value of the trade secret , the measures taken to protect the trade secret , the intentionality of the respondent in acquiring , disclosing or using the trade secret , the conduct of the respondent in acquiring , disclosing or using of the trade secret , the impact of the unlawful disclosure or use of the trade secret , the legitimate interests of the parties and the impact which the granting or rejection of the measures could have on the parties , the legitimate interests of third parties , the public interest and the safeguard of fundamental rights , including freedom of expression and information .


### depriving the infringing goods of their infringing quality ; ### depriving the infringing goods of the quality that derived from the unlawful use of the trade secret ;


### depriving the infringing goods of their infringing quality ; ### depriving the unlawful goods of the quality that derived from the use of the trade secret ;


### destruction of the infringing goods or , where appropriate , their withdrawal from the market , provided that such action does not undermine the protection of the trade secret in question ; ### withdrawal of the unlawful goods from the market and their distribution to charitable organisations under conditions to be determined by the judicial authorities aimed at ensuring that the goods in question do not re - enter the market and provided that such action does not undermine the protection of the trade secret in question ;


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


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


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


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


### support collaborative research projects that could significantly boost the performance of future capabilities , aiming at maximising innovation and introducing new defence products and technologies , including disruptive ones ; ### support highly efficient collaborative research projects ;


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


### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . ### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency , the european parliament , civil society and academia shall be invited as an observers to provide their views and expertise . the european external action service shall also be invited to assist .


### draft legislative resolution ### the co - legislators set an obligation on the commission to assess , no later than in the first quarter of 2019 and taking into account latest developments in scientific knowledge , the option of amending the scope of this directive 2004 / 37 / ec to include reprotoxic substances ; and on that basis , to present , if appropriate , and after consulting management and labour , a legislative proposal .


### the scientific committee on occupational exposure limits 55 assists the commission , in particular , in evaluating the latest available scientific data and in proposing occupational exposure limit values for the protection of workers from chemical risks , to be set at union level pursuant to council directive 98 / 24 / ec56 and directive 2004 / 37 / ec . other sources of scientific information , adequately robust and in the public domain were also considered . __________________ 55 commission decision 2014 / 113 / eu of 3 march 2014 on setting up a scientific committee on occupational exposure limits for chemical agents and repealing decision 95 / 320 / ec . 56 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) . ### the scientific committee on occupational exposure limits 55 assists the commission , in particular , in evaluating the latest available scientific data and in proposing occupational exposure limit values for the protection of workers from chemical risks , to be set at union level pursuant to council directive 98 / 24 / ec56 and directive 2004 / 37 / ec . other sources of scientific information , adequately robust and in the public domain , particularly the international agency for research on cancer , the world health organisation and national agencies , were also considered . __________________ 55 commission decision 2014 / 113 / eu of 3 march 2014 on setting up a scientific committee on occupational exposure limits for chemical agents and repealing decision 95 / 320 / ec . 56 council directive 98 / 24 / ec of 7 april 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work of directive 89 / 391 / eec ) .


### the limit values established in this directive will be kept under review in the light of the implementation of regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec58 and of the opinions of the echa risk assessment committee and socio - economic analysis committee , in particular to take account of the interaction between limit values established in directive 2004 / 37 / ec and dose - response relations , actual exposure information , and , where available , dnels derived for hazardous chemicals in accordance with that regulation . __________________ 58 oj l 396 , 30 . 12 . 2006 , p . 1 . ### the limit values established in this directive will be kept under review in the light of the implementation of regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals , establishing a european chemicals agency , amending directive 1999 / 45 / ec and repealing council regulation no 793 / 93 and commission regulation no 1488 / 94 as well as council directive 76 / 769 / eec and commission directives 91 / 155 / eec , 93 / 67 / eec , 93 / 105 / ec and 2000 / 21 / ec58 and of the opinions of the echa risk assessment committee and socio - economic analysis committee , in particular to take account of the interaction between limit values established in directive 2004 / 37 / ec and dose - response relations where such relations exist , information on actual cumulative and combined exposure , lowest technically achievable detection levels and , where available , dnels derived for hazardous chemicals in accordance with that regulation . __________________ 58 oj l 396 , 30 . 12 . 2006 , p . 1 .


### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens , cannot be sufficiently achieved by the member states , but can be better achieved at union level , the union may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens and mutagens , cannot be sufficiently achieved by the member states , but can be better achieved at union level , the union may adopt measures , in accordance with the precautionary principle as set out in article 191 tfeu , the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives .


### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme . ### strong political will and coordinated action based on the methods and results of the previous daphne programmes , the rights , equality and citizenship programme and the justice programme are necessary in order to prevent and combat all forms of violence and to protect victims , groups at risk and particularly vulnerable persons . an effort must be made to avoid overlaps between programmes and double funding . in particular , since its launch in 1997 , the daphne funding to support victims of violence and combat the violence against women , children and young people has been a genuine success , both in terms of its popularity with stakeholders and in terms of the effectiveness of the funded projects . it has funded projects to raise awareness , to provide support services to victims , groups at risk , and particularly vulnerable persons , to support the activities of non - governmental organisations working on the ground . it has addressed all forms of violence , such as for instance domestic violence , sexual violence , trafficking in human beings , as well as new emerging forms of violence such as cyber - bullying . it is therefore important to continue all these actions and that those results and lessons learned are taken into due consideration in the implementation of the programme .


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


### pursuant to articles 8 and 10 tfeu , the programme in all its activities should support gender mainstreaming and the mainstreaming of non - discrimination objectives . ### pursuant to articles 8 and 10 tfeu , the programme in all its activities should support the mainstreaming and promotion of gender equality and non - discrimination objectives .


### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec . ### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of all those relevant equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . the commission adopted a recommendation on standards for equality bodies [ c 3850 final ] , covering the mandate , independence , effectiveness and coordination and cooperation of equality bodies . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . __________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec .


### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . _________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec . ### in accordance with union acts on equal treatment , member states set up independent bodies for the promotion of equal treatment , commonly known as ' equality bodies ' , in order to combat discrimination based on race and ethnic origin as well as gender . however , many member states have gone beyond these requirements and ensured that equality bodies can also deal with discrimination based on the other grounds such as language , age , sexual orientation , religion and belief , disability or other grounds . equality bodies play a key role in promoting equality and ensuring effective application of equal treatment legislation by providing in particular an independent assistance to victims of discrimination , conducting independent surveys concerning discrimination , publishing independent reports and making recommendations on any issue relating to discrimination in their country . it is essential that the work of equality bodies is coordinated at union level in this respect . equinet was created in 2007 . its members are the national bodies for the promotion of equal treatment as established by council directives 2000 / 43 / ec15 and 2004 / 113 / ec16 , and by directives 2006 / 54 / ec17 and 2010 / 41 / eu18 of the european parliament and of the council . equinet is in an exceptional situation , being the only entity which ensures coordination of activities between equality bodies . this coordination activity by equinet is key for the good implementation of union anti - discrimination law in member states and should be supported by the programme . _________________ 15 council directive 2000 / 43 / ec of 29 june 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin . 16 council directive 2004 / 113 / ec of 13 december 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services . 17 directive 2006 / 54 / ec of the european parliament and of the council of 5 july 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation . 18 directive 2010 / 41 / eu of the european parliament and of the council of 7 july 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self - employed capacity and repealing council directive 86 / 613 / eec .