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


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


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


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


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


### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . ### member states shall ensure that the parties , their legal representatives , court officials , witnesses , experts and any other person participating in the legal proceedings relating to the unlawful acquisition , use or disclosure of a trade secret , or who has access to documents which form part of those legal proceedings , shall not be permitted to use or disclose any trade secret or alleged trade secret of which they have become aware as a result of such participation or access . member states may also allow competent judicial authorities to take such measures on their own initiative .


### in deciding whether to order a publicity measure and assessing its proportionality , the competent judicial authorities shall take into account the possible harm that such measure may cause to the privacy and reputation of the infringer , whenever the infringer is a natural person , as well as the value of the trade secret , the conduct of the infringer in acquiring , disclosing or using the trade secret , the impact of the unlawful disclosure or use of the trade secret , and the likelihood of further unlawful use or disclosure of the trade secret by the infringer . ### in deciding whether to order a publicity measure and assessing its proportionality , the competent judicial authorities shall take into account the possible harm that such a measure may cause to the privacy and reputation of the infringer and to members of his or her immediate family , whenever the infringer is a natural person , as well as the value of the trade secret , the conduct of the infringer in acquiring , disclosing or using the trade secret , the behaviour of the infringer during the entire course of the legal proceedings , the impact of the unlawful disclosure or use of the trade secret , and the likelihood of further unlawful use or disclosure of the trade secret by the infringer .


### 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 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 . the dissemination of knowledge and information must be considered essential to ensuring dynamic , positive and equal business development opportunities , especially for small and medium - sized enterprises .


### has commercial value because it is secret ; ### has actual or potential commercial value in its own right because it is not generally known or easily identifiable , using the appropriate means , by other persons who could obtain economic value from its misappropriation or use ; it may be data , a formula , a model , a compilation , a program , a system , a method , a technique or a process ;


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


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


### contributing , together with the competence centre , to identifying and addressing sector - specific cyber security industrial challenges ; ### contributing , together with the competence centre , to identifying and addressing sector - specific cyber security challenges ;


### the executive director shall be appointed by the governing board from a list of candidates proposed by the commission , following an open and transparent selection procedure . ### the executive director shall be appointed by the governing board from a list of candidates proposed by the commission , following an open , transparent and non - discriminatory selection procedure .


### contribute to the wide deployment of state - of - the - art cyber security products and solutions across the economy , by carrying out the following tasks : ### contribute to the wide deployment of state - of - the - art cyber security products and solutions across the union and across different sectors of the economy by carrying out the following tasks :


### the executive director shall be a person with expertise and high reputation in the areas where the competence centre operates . ### the executive director shall be a person with knowledge and professional expertise in the areas where the competence centre operates .


### improve the understanding of cybersecurity and contribute to reducing skills gaps in the union related to cybersecurity by carrying out the following tasks : ### improve the understanding of cybersecurity , contribute to reducing skills gaps in the union related to cybersecurity and build a strong cyber skills base by carrying out the following tasks :


### the governing board shall be composed of one representative of each member state , and five representatives of the commission , on behalf of the union . ### the governing board shall be composed of one representative of each member state , &#160 ; three representatives of the commission , on behalf of the union and two representatives of professional associations from the private sector that have cybersecurity competences .


### the competence centre governing board shall adopt rules for the prevention and management of conflicts of interest in respect of its members , bodies and staff . those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the governing board as well as the scientific and industrial advisory board in accordance with regulation xxx [ new financial regulation ] . ### the competence centre governing board shall adopt rules for the prevention and management of conflicts of interest in respect of its members , bodies and staff , including the executive director . those rules shall contain the provisions intended to avoid a conflict of interest in respect of the representatives of the members serving in the governing board as well as the scientific and industrial advisory board in accordance with regulation xxx [ new financial regulation ] .


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


### the union financial contribution shall not cover the tasks referred to in article 4 ### the european defence fund shall cover the tasks referred to in article 4


### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of technology as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall aim to achieve a balanced representation between men and women on the governing board . ### members of the governing board and their alternates shall be appointed in light of their knowledge in the field of cybersecurity technology or research as well as of relevant managerial , administrative and budgetary skills . the commission and the member states shall make efforts to limit the turnover of their representatives in the governing board , in order to ensure continuity of the board’s work . the commission and the member states shall aim to achieve a balanced representation between men and women on the governing board .


### ' cybersecurity ' means the protection of network and information systems , their users , and other persons against cyber threats ; ### ' cybersecurity ' means all activities necessary to protect network and information systems , their users , and affected persons from cyber threats ;


### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , providing support to other entities , including financially , to acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including smes , the public sector and the research and scientific community ; ### having regard to the state - of - the - art cybersecurity industrial and research infrastructures and related services , providing support to other entities , including financially , to acquiring , upgrading , operating and making available such infrastructures and related services to a wide range of users across the union from industry including in particular smes , and from the public sector and the research and scientific community ;


### supporting further development of cybersecurity skills , where appropriate together with relevant eu agencies and bodies including enisa . ### supporting further development of cybersecurity skills and competences , where appropriate together with relevant eu agencies and bodies including enisa , in particular through the development of training programmes and awareness raising campaigns .


### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and regularly to the governing board ; ### prepare an action plan following - up conclusions of internal or external audit reports , as well as investigations by the european anti - fraud office and reporting on progress twice a year to the commission and the european parliament and regularly to the governing board ;


### retain and develop the cybersecurity technological and industrial capacities necessary to secure its digital single market ; ### retain and develop the cybersecurity technological and industrial capacities necessary to secure and develop its digital single market ;


### the competence centre shall accredit entities established under national law as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] . ### the competence centre shall accredit entities within the meaning of paragraph 3 as members of the cybersecurity competence community after an assessment made by the national coordination centre of the member state where the entity is established , on whether that entity meets the criteria provided for in paragraph 3 . an accreditation shall not be limited in time but may be revoked by the competence centre at any time if it or the relevant national coordination centre considers that the entity does not fulfil the criteria set out in paragraph 3 or it falls under the relevant provisions set out in article 136 of regulation xxx [ new financial regulation ] .


### support research and innovation for standardisation in cybersecurity technology ### support research and innovation for the enhancement of european standardisation in cybersecurity technology in close cooperation with the european standardisation organisations


### promoting and disseminating the relevant outcomes of the work by the network , the cybersecurity competence community and the competence centre at national or regional level ; ### promoting and disseminating the relevant outcomes of the work by the network , the cybersecurity competence community and the competence centre at national and regional level ;


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


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


### awareness and dissemination activities , including to a wide audience of non - experts ; ### awareness and dissemination activities , including to a wide audience of non - experts , including in the field of bank abuses ;


### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union policy - making in the area of financial services ; ### to further enhance the participation of consumers and other financial services end - users , as well as stakeholders representing their interests , in union , multilateral and other relevant&#160 ; policy - making in the area of financial services ;


### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . ### however , despite regular efforts , both organisations did not manage to attract stable and significant funding from other donors , independent from the financial industry , and , therefore , remain heavily dependent on union funding in order to be financially sustainable . co - funding from the union is therefore necessary to ensure the resources needed to achieve the desired policy objectives in the coming years , providing financial stability to those organisations and their experts and administrative staff who have so far managed to start - up their relevant activities in a short period of time . it is therefore necessary to establish a union programme for the period 2017 - 2020 to support the activities of finance watch and better finance . financial stability is of key importance in preserving expertise , as well as for project planning for both organisations .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks and via an internet access service in accordance with regulation no 2015 / 2120 of the european parliament and of the council1a , provide services that are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite , as well as online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services that are offered on the open internet should only be excluded from the scope of this regulation if they cannot ensure a closed environment when compared for example to cable or closed circuit ip - based networks . _________________ 1a regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 .


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


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


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### broadcasting organisations transmit daily many hours of news and current affairs programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance .


### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , 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 that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union , ### since the objective of this regulation , namely promoting the cross - border provision of ancillary online services of broadcasters and facilitating retransmissions of television and radio programmes originating in other member states , cannot be sufficiently achieved by member states and can therefore , by reason of the scale and effects , 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 that article , this regulation does not go beyond what is necessary in order to achieve its objective . as concerns the cross - border provision of ancillary online services of broadcasters , this regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights . this regulation does not oblige broadcasting organisations to provide such services across borders . neither does this regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other member states . this regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other member states of the union ,


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### broadcasting organisations transmit daily many hours of news and current affairs programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , both open and closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . ip - based retransmission services , both offered on closed - circuit networks and on the open internet , should be included in the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights as long as they ensure a controlled environment comparable to closed circuit networks and can show that their services are provided to a clearly - definable group of subscribers or registered users . the inclusion of such services is crucial for allowing , in line with consumer expectations , portability of such services within the member state of residence , as well as beyond , through the mechanism established by regulation 2017 / . . . of the european parliament and of the council 1a . __________________ 1a proposal for a regulation of the european parliament and of the council on ensuring the cross - border portability of online content services in the internal market ) .


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services of television or radio programmes including works or other protected subject matter carry out an act of communication to the public irrespective of whether the retransmission of the television or radio programme is made by the same technical means or different technical means than those used for the initial act of broadcasting , and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast as retransmission services , normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , operators of retransmission services have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration .


### application of the principle of ‘ country of origin’ to ancillary online services ### application of the principle of ‘ country of origin’ to online services


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### for the rights subject to the country of origin principle as set out in paragraph 1 , appropriate additional remuneration shall be fixed by the parties . when calculating the amount of that appropriate additional remuneration all aspects of the online service shall be taken into account in particular its features , the potential size of the audience , having regard to the relevant language version , and the duration of online availability . to ensure cultural diversity , an industry agreement shall ensure higher than average additional remuneration for niche artistic works . it shall not be possible to waive the additional remuneration . such additional remuneration shall be disclosed separately to the right owners in the contract from the total remuneration and may not be ceded except to a collective management society in advance . if the right owner decides to cede this claim , only the collective management society may claim the additional remuneration . any management costs incurred for this purpose shall be disclosed individually . such an arrangement shall not preclude collective agreements , operating agreements or joint remuneration rules for broadcasters , insofar as they guarantee appropriate additional remuneration .


### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service , the audience , and the language version . ### when fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1 , the parties shall take into account all aspects of the online service such as the features of the online service , the audience , and the language version .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available occurring when providing an online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .


### the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of , the access to or the use of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment . ### the acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision of the ancillary online service shall , for the purposes of exercising copyright and related rights relevant for these acts , be deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment .


### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden . there is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration . ### operators of retransmission services , that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes , have a very short time - frame for obtaining the necessary licences and hence also face a significant rights clearing burden .


### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . ### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . the review should include an assessment of whether the principle of ' country of origin ' ought to be extended to other online platforms .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### this regulation affects neither the rights provided under directive 2001 / 29 / ec nor the acquisition or sale of rights on a contractual basis for such ancillary online services . therefore , through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with national and union laws .


### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union . ### a review of the regulation should be undertaken after the regulation has been in force for a period of time , in order to assess , among others , to what extent the cross - border provision of ancillary online services , and its impact on investment in new content , has increased to the benefit of european consumers and hence also to the benefit of improved cultural diversity in the union .


### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the ancillary online service such as the features of the service , the audience , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used , and the language version . ### since the provision of , the access to or the use of an ancillary online service is deemed to occur solely in the member state in which the broadcasting organisation has its principal establishment , while de facto the ancillary online service can be provided across borders to other member states , it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question , the parties should take into account all aspects of the online service such as the features of the service , the duration of online availability , the potential size of its audience having regard to the language of the online service , including the audience in the member state in which the broadcasting organisation has its principal establishment and in other member states in which the ancillary online service is accessed and used . use of the principle of ' country of origin ' may result in having a broader audience which is in turn beneficial for broadcasters . such benefits should be mirrored in an appropriate way , by means of unwaivable additional remuneration for right holders . to effectively enforce that right to additional , fair remuneration , transparency is indispensable . therefore , the additional remuneration should be disclosed separately from the total remuneration in the contract between broadcasters and right holders . furthermore , diversity is one of the key features of european culture . to make sure that this diversity prevails , an industry agreement should ensure that additional remuneration for niche artistic works is higher than average , as their right holders have limited bargaining power .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principles of territorial exploitation of rights and contractual freedom it will remain possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , as the implementation of council directive 93 / 83 / eec has proven , especially as far as certain technical means of transmission , such as geo - blocking and geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance . ### broadcasting organisations transmit daily many hours of news , political or current affairs programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often , the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights ' clearance .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### it is essential to recall that , through the principle of contractual freedom , it should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with national and union laws .


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the implementation of the programme . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than three years after the start of the implementation of the programme . the interim evaluation shall present the findings necessary to make a decision about a follow - up to the programme beyond 2027 and its objectives .


### support the design and delivery of long - term trainings and courses for students , it professionals and the workforce ; ### support the design and delivery of advanced long - term trainings and courses for students , it professionals , the broader workforce and other qualified persons ;


### in its resolution of 1 june 2017 on digitising european industry64 the european parliament highlighted the importance of a common european cybersecurity approach , recognising the need to raise awareness and considered cyber - resilience as a crucial responsibility for business leaders and national and european industrial security policymakers . __________________ 64 document ref . a8 - 0183 / 2017 , available at : http : / / www . europarl . europa . eu / sides / getdoc . do ? type=ta&language=en&reference=p8 - ta - 2017 - 0240 ### in its resolution of 1 june 2017 on digitising european industry64 the european parliament highlighted , in the context of potential vulnerabilities as regards cyber attacks , sabotage , manipulation of data or industrial espionage , the importance of a common european cybersecurity approach , recognising the need to raise awareness on enhancing cybersecurity and considered cyber - resilience as a crucial responsibility for business leaders and national and european industrial security policymakers and the need to make cybersecurity requirements mandatory for public procurement with regard to it equipment and iot products . __________________ 64 document ref . a8 - 0183 / 2017 , available at : http : / / www . europarl . europa . eu / sides / getdoc . do ? type=ta&language=en&reference=p8 - ta - 2017 - 0240


### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development , for the benefit of businesses and citizens all over the union . the programme should be structured into five specific objectives reflecting key policy areas , namely : high - performance computing , cybersecurity , artificial intelligence , advanced digital skills , and deployment , best use of digital capacities and interoperability . for all these areas , the programme should also aim at better aligning union , member states and regional policies , and pooling of private and industrial resources in order to increase investment and develop stronger synergies . ### the general objective of the programme should be to support the digital transformation of industry and to foster better exploitation of the industrial potential of policies of innovation , research and technological development as well as to modernise specific sectors of public interest , for the benefit of businesses and citizens all over the union . furthermore , the programme should strengthen the union ' s competiveness and the resilience of its economy .


### legal entities established in a third country which is not associated to the programme should in principle bear the cost of their participation . ### legal entities established in a third country which is not associated to the programme should bear the cost of their participation .


### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses . the programme will : ### the programme has the following general objective : to support the digital transformation of the european economy and society and bring its benefits to european citizens and businesses , especially smes . the programme will :


### at the end of the implementation of the programme , but no later than four years after the end of the period specified in article [ 1 ] , a final evaluation of the programme shall be carried out by the commission . ### at the end of the implementation of the programme , but no later than two years after the end of the period specified in article [ 1 ] , a final evaluation of the programme shall be carried out by the commission .


### support the design and delivery of short - term trainings and courses for entrepreneurs , small business leaders and the workforce ; ### support the design and delivery of short - term trainings and courses for entrepreneurs , small and medium - sized business leaders and the workforce ;


### to improve the functioning of the internal market , and especially to protect and empower citizens , consumers and businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting , and by promoting human , animal and plant health and animal welfare ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ; ### to improve the functioning of the internal market and protect businesses , in particular micro , small and medium - sized enterprises , by enforcement of union law , facilitation of market access , standard setting ; as well as to enhance cooperation between the competent authorities of member states and between the competent authorities of member states and the commission and the decentralised union agencies ;


### placing on the market of products that are not compliant with union law puts those who comply at disadvantage and may endanger consumers . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded and constrained by national boundaries , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , intensifying compliance checks and promoting closer cross - border cooperation among enforcement authorities . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities . ### placing on the market of products that are not compliant with union law puts those who comply at disadvantage , and may endanger consumers and harm the environment . many entrepreneurs disregard the rules either through lack of knowledge or intentionally to gain a competitive advantage . market surveillance authorities are often underfunded and constrained by national boundaries , while entrepreneurs trade at union or even global level . in particular , in the case of e - commerce , market surveillance authorities have great difficulties in tracing non - compliant products imported from third countries and identifying the responsible entity within their jurisdiction . the programme should therefore seek to strengthen product compliance by providing the right incentives to entrepreneurs , intensifying compliance checks and promoting closer cross - border cooperation among enforcement authorities within the union and with third countries . the programme should also contribute to the consolidation of the existing framework for market surveillance activities , encourage joint actions of market surveillance authorities from different member states , improve the exchange of information and promote convergence and closer integration of market surveillance activities .


### provision of mechanisms for citizens , consumers , end - users , civil society and businesses representatives from the union to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ; ### provision of mechanisms for citizens , consumers , consumer associations , end - users , civil society and businesses representatives from the union to contribute to political discussions , policies and decision making process , notably by supporting the functioning of representative organisations at national and the union level ;


### a high level of health protection through the food supply chain is necessary to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises and food scares disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . ### a high level of health protection through the food supply chain is necessary to protect consumers and the environment as well as to allow the internal market to operate efficiently . a safe and sustainable food supply chain is a prerequisite for society and for the internal market . cross border health crises , and food scares endanger consumers , animals and harm the environment , disrupt the functioning of the internal market by limiting the movements of persons and goods and disrupting production . therefore , ensuring high sanitary standards , animal welfare and health protection through the food supply chain should be a priority .


### the council conclusions on common security and defence policy of 18 may 2015 called to explore options to enhance coherence and coordination between eu security and development actions , as well as to improve the delivery of capacity building in support of security and development , notably in terms of financing instruments . 19 they also invited to develop an eu - wide strategic framework for security sector reform , bringing together csdp and all other relevant common foreign and security policy tools as well as development cooperation instruments and freedom , security and justice actors . __________________ 19 foreign affairs council conclusions on csdp , document 8971 / 15 of 18 may 2015 ### the council conclusions on common security and defence policy of 18 may 2015 called to explore options to enhance coherence and coordination between eu security and development actions , as well as to improve the delivery of capacity building in support of security and development , notably in terms of financing instruments . 19 they also invited to develop an eu - wide strategic framework for security sector reform , bringing together csdp and all other relevant common foreign and security policy tools as well as freedom , security and justice actors . __________________ 19 foreign affairs council conclusions on csdp , document 8971 / 15 of 18 may 2015


### supporting security sector actors , including the military under exceptional circumstances , in third countries in a conflict prevention , crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development . those actions are particularly necessary to ensure the protection of civilian populations in the areas affected by conflict , crises or fragility . good governance and effective democratic control and civilian oversight of the security system , including the military , as well as compliance with human rights and the rule of law principles are essential attributes of a well - functioning state in any context , and should be promoted through a wider security sector reform support to third countries . ### supporting security sector actors , including the military under exceptional circumstances , in third countries in a conflict prevention , crisis management or stabilisation context is essential to ensure appropriate conditions , including good governance for an effective use of development cooperation , whose main goal is poverty eradication . those actions are particularly necessary to ensure the protection of civilian populations in the areas affected by conflict , crises or fragility . good governance and effective democratic control and civilian oversight of the security system , including the military , as well as compliance with human rights and the rule of law principles are essential attributes of a well - functioning state in any context , and should be promoted through a wider security sector reform support to third countries .


### supporting security sector actors , including the military under exceptional circumstances , in third countries in a conflict prevention , crisis management or stabilisation context is essential to ensure appropriate conditions for poverty eradication and development . those actions are particularly necessary to ensure the protection of civilian populations in the areas affected by conflict , crises or fragility . good governance and effective democratic control and civilian oversight of the security system , including the military , as well as compliance with human rights and the rule of law principles are essential attributes of a well - functioning state in any context , and should be promoted through a wider security sector reform support to third countries . ### [ does not affect the english version ]


### the united nations’ 2030 agenda for sustainable development , adopted in september 2015 , underlines the importance of promoting peaceful and inclusive societies both as a sustainable development goal and in order to achieve other development policy outcomes . sdg 16 . a specifically requests to “strengthen relevant national institutions , including through international cooperation , for building capacities at all levels , in particular in developing countries , for preventing violence and combatting terrorism and crime” . 17 __________________ 17 united nations , a / res / 70 / 1 , resolution adopted by the general assembly on 25 september 2015 ### the united nations’ 2030 agenda for sustainable development , adopted in september 2015 , outlines the sustainable development goals , first of which is the eradication of poverty . sdg 16 underlines the importance of promoting peaceful and inclusive societies . sdg 16 . a specifically requests to “strengthen relevant national institutions , including through international cooperation , for building capacities at all levels , in particular in developing countries , for preventing violence and combatting terrorism and crime” . 17 __________________ 17 united nations , a / res / 70 / 1 , resolution adopted by the general assembly on 25 september 2015


### assistance may cover in particular the provision of capacity building programmes in support of security and development , including training , mentoring and advice , as well as the provision of equipment , infrastructure improvements and provision of other services . ### assistance shall be eligible to cover capacity building programmes in support of security and development , including training , mentoring and advice , as well as the provision of equipment , infrastructure improvements and provision of other services .


### respect for democratic principles , human rights and fundamental freedoms and respect for the principle of the rule of law provided for in article 2 of the association agreement . ### respect for democratic principles , human rights and fundamental freedoms and respect for the principle of the rule of law as well as continued and sustained efforts with regard to the fight against corruption and illegal economic activities provided for in articles 2 , 3 and 22 of the association agreement .


### in view of the economic reform efforts undertaken by ukraine , and in order to support the development of closer economic relations with the european union , it is appropriate to increase the trade flows concerning the import of certain agricultural products and to grant concessions in the form of autonomous trade measures in selected industrial products in line with the acceleration of the elimination of customs duties on trade between the european union and ukraine . ### in view of the economic and political reform efforts undertaken by ukraine , and in order to support the development of closer economic relations with the european union , it is appropriate to increase the trade flows concerning the import of certain agricultural products and to grant concessions in the form of autonomous trade measures in selected industrial products in line with the acceleration of the elimination of customs duties on trade between the european union and ukraine .


### member states shall reduce the amount of direct payments to be granted to a farmer pursuant to this chapter for a given calendar year exceeding eur 60 000 as follows : ### member states may reduce the amount of basic income support for sustainability to be granted to a farmer pursuant to this chapter for a given calendar year exceeding the financial ceiling specified by the member state .


### where elements of the cap strategic plan are established at regional level , the member state shall ensure the coherence and the consistency with the elements of the cap strategic plan established at national level . ### where elements of the cap strategic plan are established and implemented at regional level , through the regional intervention programmes , the member state shall ensure the coherence and the consistency with the cap strategic plans .


### at least 30% of the total eafrd contribution to the cap strategic plan as set out in annex ix shall be reserved for interventions addressing the specific environmental - and climate - related objectives set out in points , and of article 6 of this regulation , excluding interventions based on article 66 . ### at least 30% of the total eafrd contribution to the cap strategic plan as set out in annex ix shall be reserved for all types of interventions addressing the specific environmental - and climate - related objectives set out in points , and of article 6 of this regulation .


### member states shall establish a performance framework which shall allow reporting , monitoring and evaluation of the performance of the cap strategic plan during its implementation . ### member states and , for regional intervention programmes set out in article 95 , regional managing authorities , shall develop a performance framework for reporting , monitoring and evaluation of the performance of the cap strategic plan during its implementation .


### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and / or quality in certain sectors and productions that are particularly important for social , economic or environmental reasons and undergo certain difficulties . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard . ### member states should be allowed to use part of their financial ceiling available for direct payments for coupled income support in order to improve competitiveness , sustainability , and quality in certain sectors and productions , in particular in the livestock and special crop production sectors , that are particularly important for social , economic or environmental reasons and undergo certain difficulties , and where other instruments are insufficient or do not exist . member states should be free to choose which sectors will benefit from this . furthermore , member states should also be allowed to use an additional part of their financial ceiling available for direct payments to grant coupled income support specifically for the support of protein crop production in order to reduce the union ' s deficit in this regard .


### ' genuine farmers ' shall be defined in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural , while not precluding from support pluri - active farmers . the definition shall allow to determine which farmers are not considered genuine farmers , based on conditions such as income tests , labour inputs on the farm , company object and / or inclusion in registers . ### ' genuine farmers ' shall be defined in a way to ensure that no support is granted to those whose agricultural activity forms only an insignificant part of their overall economic activities or whose principal business activity is not agricultural , while not precluding from support pluri - active farmers . the definition shall allow to determine which farmers are not considered genuine farmers , based on conditions such as income tests , labour inputs on the farm , company object and / or inclusion in registers , in accordance with specific criteria set by the member states .


### the salaries linked to an agricultural activity declared by the farmer , including taxes and social contributions related to employment ; and ### the salaries linked to agricultural and related activities declared by the farmer , including taxes and social contributions related to employment ; and


### the managing authority of the cap strategic plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions : investments , installation of young farmers and rural business start - up , cooperation , knowledge exchange and information , after consultation of the monitoring committee referred to in article 111 . selection criteria shall aim to ensure equal treatment of applicants , better use of financial resources and targeting of the support in accordance with the purpose of the interventions . ### the national , and where applicable regional , managing authorities of the cap strategic plan or other designated intermediate bodies shall define selection criteria for interventions relating to the following types of interventions : investments , installation of young farmers , new farmers and rural business start - ups , cooperation , knowledge exchange and information , specific measures in favour of rural women , after consultation of the monitoring committee referred to in article 111 . selection criteria shall aim to ensure equal treatment of applicants , better use of financial resources and targeting of the support in accordance with the purpose of the interventions .


### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect a continuation of the changes whereby the allocations to member states with the lowest support level per hectare are gradually increased to close 50% of the gap towards 90% of the union average . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation . ### support for direct payments under the cap strategic plans should be granted within national allocations to be fixed by this regulation . these national allocations should reflect a continuation of the changes whereby the allocations to member states with the lowest support level per hectare are gradually increased to close the gap towards the union average . in order to take into account the reduction of payments ' mechanism and the use of its product in the member state , the total indicative financial allocations per year in the cap strategic plan of a member state should be allowed to exceed the national allocation .


### considering that flexibility should be accorded to member states as regards the choice of delegating part of the implementation of the cap strategic plan at regional level on the basis of a national framework , in order to facilitate co - ordination among the regions in addressing nation - wide challenges , it is appropriate that the cap strategic plans provide a description of the interplay between national and regional interventions . ### considering that flexibility should be accorded to member states as regards the choice of delegating part of the design and implementation of the cap strategic plan at regional level through regional intervention programmes in line with the national framework , in order to facilitate co - ordination among the regions in addressing nation - wide challenges , it is appropriate that the cap strategic plans provide a description of the interplay between national and regional interventions .


### the equivalent cost of regular and unpaid labour linked to an agricultural activity practiced by persons working on the farm concerned who do not receive a salary , or who receive less remuneration than the amount normally paid for the services rendered , but are rewarded through the economic result of the farm business . ### the equivalent cost of regular and unpaid labour linked to agricultural and related activities practiced by persons working on the farm concerned who do not receive a salary , or who receive less remuneration than the amount normally paid for the services rendered , but are rewarded through the economic result of the farm business .


### the information referred to in paragraph 1 and 2 may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . ### the information referred to in paragraph 1 and 2 may , where appropriate , be given in the form of a reference to the laws , regulations and administrative or statutory provisions or collective agreements governing those particular points . the reference shall provide all essential information in comprehensible terms .


### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] . however , employers shall provide or complement the documents referred to in article 4 , article 5 and article 6 only upon request of a worker . the absence of such request shall not have the effect of excluding workers from the minimum rights established under this directive . ### the rights and obligations set out in this directive shall apply to existing employment relationships as from [ entry into force date + 2 years ] .


### ‘ reference hours and days ' means time slots in specified days during which work can take place at the request of the employer . ### ' reference hours and days ' means time slots in specified days during which work can take place ;


### ' worker ' means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration ; ### ' worker ' means a natural person who performs services for and under the direction of another person in return for remuneration ;


### ' worker ' means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration ; ### ' worker ' means a natural person who for a certain period of time performs services for and under the direction of an employer in return for remuneration ;


### the information referred to in paragraph 1 shall include : ### the information referred to in paragraph 1 shall include at least :


### the information referred to in article 3 shall be provided individually to the worker in the form of a document at the latest on the first day of the employment relationship . that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed . ### the information referred to in article 3 shall be provided individually to the worker in the form of a written document before commencement of the employment relationship . at the request of the worker , that document may be provided and transmitted electronically as long as it is easily accessible by the worker and can be stored and printed .


### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council40 . __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities . ### a reasonable minimum advance notice , understood as the period of time between the moment a worker is informed about a new work assignment and the moment the assignment starts , constitutes another necessary element of predictability of work for employment relationships with work schedule which are variable or mostly determined by the employer . the length of the advance notice period , which must be no less than three days , may vary according to the needs of sectors , while ensuring adequate protection of workers . it applies without prejudice to directive 2002 / 15 / ec of the european parliament and of the council40 . __________________ 40 directive 2002 / 15 / ec of the european parliament and of the council of 11 march 2002 on the organisation of the working time of persons performing mobile road transport activities .


### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council38 , they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless member states provide otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services . ### workers posted or sent abroad should receive additional information specific to their situation . for successive work assignments in several member states or third countries , such as in international road transport , that information may be grouped for several assignments before the first departure and subsequently modified in case of change . where they qualify as posted workers under directive 96 / 71 / ec of the european parliament and of the council38 , they should also be notified of the single national website developed by the host member state where they will find the relevant information on the working conditions applying to their situation . unless member states provide otherwise , these obligations apply if the duration of the work period abroad is more than four consecutive weeks . workers posted abroad must be notified in the official language of the country where the initial employment contract is signed . __________________ 38 directive 96 / 71 / ec of the european parliament and of the council of 16 december 1996 concerning the posting of workers in the framework of the provision of services .


### this directive lays down minimum rights that apply to every worker in the union . ### this directive lays down minimum rights that apply to every worker in the union having an employment contract or employment relationship as defined by the applicable national law , collective agreements or practice in force in each member state .


### employers may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . ### member states may however lay down conditions of incompatibility where such restrictions are justified by legitimate reasons such as the protection of business secrets or the avoidance of conflicts of interests . employers are not permitted to lay down conditions of incompatibility unilaterally .


### to support and promote judicial training , with a view to fostering a common legal , judicial and rule of law culture ; ### to support and promote judicial training with a view to fostering a common legal , judicial and rule of law culture , as well as the consistent and effective implementation of the eu legal instruments on mutual recognition and procedural safeguards ;


### ' judiciary and judicial staff ' means judges , prosecutors and court staff , as well as other justice professionals associated with the judiciary , such as lawyers , notaries , bailiffs or enforcement officers , insolvency practitioners , mediators , court interpreters and translators , court experts , prison staff and probation officers . ### ' judiciary and judicial staff ' means judges , prosecutors and court staff , as well as other justice professionals associated with the judiciary , such as lawyers , civil organisation legal experts , notaries , bailiffs or enforcement officers , insolvency practitioners , mediators , court interpreters and translators , court experts , prison staff and probation officers .


### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice . ### full respect for and promotion of the rule of law and democracy is fundamental to building people ' s trust in the union . respect for the rule of law within the union is a prerequisite for the protection of fundamental rights , as well as for upholding all rights and obligations enshrined in the treaties . the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . the way in which the rule of law is implemented in the member states plays a vital role in ensuring mutual trust among member states and between their legal systems . the programme should therefore promote and safeguard fundamental rights , democracy and the rule of law at local , regional , national and transnational levels . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention , especially focusing on environmental crimes and violations of fundamental rights , such as human trafficking , as well as other serious cross border crimes . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all victims on non - discriminatory grounds , the rule of law and a well - functioning independent judicial system should be ensured in the further development of a european area of justice , putting emphasis on the cross border nature of judicial cooperation in relation to external action instruments .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 2016 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on programme beneficiaries . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground .


### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice . ### the treaty on the functioning of the european union provides for the creation of an area of freedom , security and justice , with respect for fundamental rights and the different legal systems and traditions of the member states . to that end , the union may adopt measures to develop judicial cooperation in civil matters and judicial cooperation in criminal matters and to promote and support the action of member states in the field of crime prevention , such as fiscal fraud and terrorism . respect for fundamental rights as well as for common principles and values , such as non - discrimination , gender equality , effective access to justice for all , the right of defence , the rule of law and a well - functioning independent judicial system shall be ensured in the further development of a european area of justice .


### pursuant to article 3 of the teu , article 24 of the charter and the 1989 united nations convention on the rights of the child , the programme should support the protection of the rights of the child , and should mainstream the promotion of the rights of the child in the implementation of all of its actions . ### pursuant to article 3 of the teu , article 24 of the charter and the 1989 united nations convention on the rights of the child , the programme should support the protection of the rights of the child , and should mainstream the promotion of the rights of the child in the implementation of all of its actions . to this purpose , particular attention should be paid to actions aimed at the protection of the rights of children in the context of civil and criminal justice , including the protection of children accompanying parents in detention and children of imprisoned parents . appropriate support should also be considered in favour of training activities aimed at the proper implementation of directive 2016 / 800 on procedural safeguards for children who are suspects or accused person in criminal proceedings .


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


### the programme has the general objective of contributing to the further development of a european area of justice based on the rule of law , on mutual recognition and mutual trust ; ### the programme has the general objective of contributing to the further development of a european area of justice based on the rule of law , democracy and fundamental rights , on mutual recognition and mutual trust ;