### for the purposes of this article , the gross national income ratio means the ratio between the gross national income per capita of a member state , measured in purchasing power standards and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gross national income per capita in purchasing power standards of the 27 member states for that same reference period . ### for the purposes of this article , the classification of a region under one of the three categories of regions shall be determined on the basis of the ratio between the gross domestic product per capita of each region , measured in purchasing power parity and calculated on the basis of union figures for the period from 2014 to 2016 , and the average gdp of the eu 27 for that same reference period .


### in order to contribute to the specific objective under po 1 set out in point of article 2 , the erdf shall also support training , life long learning and education activities . ### in order to contribute to the specific objective under po 1 set out in point of article 2 and the specific objective of po 4 set out in article 2 the erdf shall also support training , lifelong learning and education activities .


### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; ### investments in the environment , including investments related to sustainable development and energy presenting environmental benefits ; these investments should be in line with the national climate and energy plans defined under the regulation on the governance of the energy union and consistent with the ones decided under the ets directive 2018 / 410 ;


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


### the erdf may support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] . ### the erdf may support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] . integrated territorial development shall not be limited to urban areas but also encompass areas such as metropolitan areas , urban - rural , sub - regional or cross - border areas and isolated rural communities .


### member states shall implement integrated territorial development , supported by the erdf , exclusively through the forms referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] . ### member states shall implement erdf support for integrated territorial development through a priority axis , through a specific programme or through other forms , for example those referred to in article [ 22 ] of regulation 2018 / xxxx [ new cpr ] , and may benefit from a multifund and integrated approach .


### at least 6 % of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of community - led local development , integrated territorial investments or another territorial tool under po5 . ### at least 10% of the erdf resources at national level under the investment for jobs and growth goal , other than for technical assistance , shall be allocated to sustainable urban development in the form of a specific programme , a specific priority axis , community - led local development , integrated territorial investments or other territorial tools , as set out in point of article 22 of regulation 2018 / xxxx . the ‘ urban authorities’ referred to in article 6 of regulation 2018 / xxxx [ new cpr ] shall be endowed with the powers to select operations . operations carried out under pos other than po5 may , if consistent , contribute to reaching the 10% minimum threshold for sustainable urban development .


### this initiative shall cover all urban areas and shall support the urban agenda of the union . ### this initiative shall cover all functional - urban areas and shall support the urban agenda of the union . local authorities should be actively involved in establishing and implementing the european urban initiative .


### the power to adopt delegated acts referred to in article 7 shall be conferred on the commission for an indeterminate period of time from the date of the entry into force of this regulation . ### the power to adopt delegated acts referred to in article 7 shall be conferred on the commission from the date of the entry into force of this regulation until 31 december 2027 .


### rcr 14 - enterprises using public digital services* ### rcr 14 - users of public digital services*


### rco 19 ‐ public buildings supported to improve energy performance ### rco 19 – buildings supported to improve energy performance


### rcr 27 households with improved energy performance of their dwellings ### rcr 27 households with improved energy performance of their dwellings reaching at least 60 % energy savings


### rco 43 length of new roads supported - ten - t1 ______________ 1 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu . ### rco 43 total length of new roads supported - ten - t1 ________________ 1 regulation no 1315 / 2013 of the european parliament and of the council of 11 december 2013 on union guidelines for the development of the trans - european transport network and repealing decision no 661 / 2010 / eu .


### rco 45 length of roads reconstructed or upgraded - ten - t ### rco 45 total length of roads reconstructed or upgraded - ten - t


### displaced workers and self - employed persons whose activity has ceased should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , displaced workers as well as self - employed persons whose activity has ceased should be regarded as possible egf beneficiaries for the purposes of this regulation . ### displaced workers and self - employed persons whose activity has ceased should have equal access to the egf independently of their type of employment contract or employment relationship . therefore , displaced workers as well as self - employed persons , including owner / managers of micro and small businesses , whose activity has ceased should be regarded as possible egf beneficiaries for the purposes of this regulation .


### an effective common system of export controls on dual - use items is therefore necessary to ensure that the international commitments and responsibilities of the member states and of the union , especially regarding non - proliferation , are complied with . ### an effective common system of export controls on dual - use items is therefore necessary to ensure that the international commitments and responsibilities of the member states and of the union , especially regarding non - proliferation and human rights , are complied with .


### additional union general export authorisations should be introduced in order to reduce administrative burden on companies and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations . a global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry . ### additional union general export authorisations should be introduced in order to reduce administrative burden on companies , especially smes , and authorities while ensuring an appropriate level of control of the relevant items to the relevant destinations . a global authorisation for large projects should also be introduced to adapt licensing conditions to the peculiar needs of industry .


### pursuant to and within the limits of article 36 of the treaty on the functioning of the european union and pending a greater degree of harmonisation , member states retain the right to carry out controls on transfers of certain dual - use items within the union in order to safeguard public policy or public security . for reasons of proportionality , controls on the transfer of dual - use items within the union should be revised in order to minimise the burden for companies and authorities . moreover , the list of items subject to intra - union transfer controls in section b of annex iv should be periodically reviewed in light of technological and commercial developments and as regards the assessment of the sensitivity of transfers . ### pursuant to and within the limits of article 36 of the treaty on the functioning of the european union and pending a greater degree of harmonisation , member states retain the right to carry out controls on transfers of certain dual - use items within the union in order to safeguard public policy or public security . for reasons of proportionality , controls on the transfer of dual - use items within the union should be revised in order to minimise the burden for companies , especially smes , and authorities . moreover , the list of items subject to intra - union transfer controls in section b of annex iv should be periodically reviewed in light of technological and commercial developments and as regards the assessment of the sensitivity of transfers .


### export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries in order to support a global level - playing field and enhance international security . ### export controls have an impact on international security and trade with third countries and it is therefore appropriate to develop dialogue and cooperation with third countries , engage in capacity - building and to promote upward convergence in order to support a global level - playing field and enhance international security .


### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union , notably the freedom to conduct business , ### this regulation respects the fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union


### if an exporter , under his obligation to exercise due diligence , is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which will decide whether or not it is expedient to make the export concerned subject to authorisation . ### if an exporter , under his obligation to exercise due diligence , has evidence or becomes aware through adherence to the guidance referred to in article 14 or is aware that dual - use items which he proposes to export , not listed in annex i , are intended , in their entirety or in part , for any of the uses referred to in paragraph 1 , he must notify the competent authority , which shall make the export concerned subject to authorisation .


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


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


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


### the relevant commercial documents relating to intra - union transfers of dual - use items listed in annex i shall indicate clearly that those items are subject to controls if exported from the union . relevant commercial documents include , in particular , any sales contract , order confirmation , invoice or dispatch note . ### the relevant commercial documents relating to exports to third countries and intra - union transfers of dual - use items listed in annex i shall indicate clearly that those items are subject to controls if exported from the union . relevant commercial documents include , in particular , any sales contract , order confirmation , invoice or dispatch note .


### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive . ### each member state shall take appropriate measures to ensure proper enforcement of all the provisions of this regulation . in particular , it shall lay down the penalties applicable to infringements of the provisions of this regulation or of those adopted for its implementation . those penalties must be effective , proportionate and dissuasive . this includes regular risk - based audits of exporters .


### the dual - use coordination group shall set up an enforcement coordination mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies . ### the dual - use coordination group shall set up an enforcement coordination mechanism with a view to establish direct cooperation and exchange of information between competent authorities and enforcement agencies and to provide for uniform criteria for licensing decisions .


### the commission and the council shall , where appropriate , make available guidance and / or recommendations for best practices for the subjects referred to in this regulation to ensure the efficiency of the union export control regime and the consistency of its implementation . the competent authorities of the member states shall also , where appropriate , provide complementary guidance for exporters , brokers and transit operators resident or established in that member state . ### the commission and the council shall , where appropriate , &#160 ; make available guidance and / or recommendations for best practices for the subjects referred to in this regulation to ensure the efficiency of the union export control regime and the consistency of its implementation&#160 ; . the competent authorities of the member states shall also , where appropriate , provide complementary guidance for exporters , especially smes , brokers and transit operators resident or established in that member state .


### the commission and the competent authorities of the member states shall , where appropriate , maintain regular and reciprocal exchange of information with third countries . ### the commission and the competent authorities of the member states shall engage , where appropriate , in those multilateral export control regimes in which they participate to promote international adherence to the list of dual - use items subject to export controls in section b of annex i and , where appropriate , maintain regular and reciprocal exchange of information with third countries , engage in capacity - building and to promote upward convergence .


### any exporter intending to use this authorisation shall register prior to the first use of this authorisation with the competent authority of the member state where he is resident or established . registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt . ### any exporter intending to use this authorisation shall register no later than 30 days after the first use of this authorisation with the competent authority of the member state where he is resident or established . registration shall be automatic and acknowledged by the competent authority to the exporter within 10 working days of receipt .


### up to 10% of the funds of the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation may be kept unallocated at the beginning of the financial year to allow additional funding to respond to major unforeseen needs , new crises situations or significant political shifts in third countries , in addition to the amounts already programmed . these unallocated funds , if not committed during the year , should be carried over by a decision of the commission . ### up to 10% of funds may be kept unallocated at the beginning of the financial year to allow funding under the instrument for pre - accession assistance , the european neighbourhood instrument and the financing instrument for development cooperation to respond more flexibly and adequately to major unforeseen needs . in the event that those unallocated funds are not committed during the financial year in question , the commission should inform the european parliament and the council before 31 december of that year and adopt a decision to carry over those funds in full respect of the respective basic act establishing the above mentioned instruments and the objectives set out therein .


### public bodies ; ### public bodies and bodies with a public service mission and assessed in accordance with article 149 ;


### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , support compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . ### a european labour authority should be established in order to help strengthen fairness and trust in the single market . to that effect , the authority should support the member states and the commission in strengthening access to information for individuals and employers about their rights and obligations in cross - border labour mobility situations as well as access to relevant services , help to improve compliance and cooperation between the member states to ensure the effective application of the union law in these areas , and mediate and facilitate a solution in case of cross - border disputes or labour market disruptions . to this end , the authority should also be able to take binding decisions and elaborate , in cooperation with the member states , an enhanced and systematic fining policy that is effective , dissuasive and proportionate , to be applied and monitored by the authority .


### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and highly mobile services . it should also enhance cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . ### the authority should perform its activities in the areas of cross - border labour mobility and social security coordination , including free movement of workers , posting of workers and cross - border provision of services . it should also oblige cooperation between member states in tackling undeclared work . in cases where the authority , in the course of the performance of its activities , becomes aware of suspected irregularities , including in areas of union law beyond its scope , such as violations of working conditions , health and safety rules , or the employment of illegally staying third - country nationals , it should be able to report them and cooperate on these matters with the commission , competent union bodies , and national authorities where appropriate . the authority should support member states in fulfilling their responsibilities and thereby help them to exploit any synergy effects in order to work as efficient as possible .


### the establishment of the authority should not create new rights and obligations for individuals or employers , including economic operators or non - profit organisations , as the activities of the authority should cover them to the extent to which they are covered by the union law within the scope of this regulation . ### the establishment of the authority should not create new rights and obligations for individuals or employers , including economic operators or non - profit organisations , as the activities of the authority should cover them to the extent to which they are covered by the union law within the scope of this regulation . however , workers ' rights should be improved significantly .


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


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


### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for mediation according to standard procedures put in place for this purpose . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 . ### the authority should provide a platform for resolving disputes between member states in relation to the application of union law that falls within its scope . it should build on dialogue and conciliation mechanisms that are currently in place in the area of social security coordination , which are valued by member states60 and their importance is recognised by the court of justice61 . member states should be able to refer cases to the authority for dispute settlement . the authority should only deal with disputes between member states , while individuals and employers facing difficulties with exercising their union rights should continue to have at their disposal the national and union services dedicated to dealing with such cases , such as the solvit network to which the authority should refer such cases . the solvit network should also be able to refer to the authority for its consideration cases in which the problem cannot be solved due to differences between national administrations . _________________ 60 council , partial general approach of 26 october 2017 on the proposal for a regulation amending regulation no 883 / 2004 on the coordination of social security systems and regulation no 987 / 2009 laying down the procedure for implementing regulation no 883 / 2004 13645 / 1 / 17 . 61 case c - 236 / 88 eu : c : 1990 : 303 , paragraph 17 ; case c - 202 / 97 eu : c : 2000 : 75 , paragraphs 57 - 58 ; case c - 178 / 97 eu : c : 2000 : 169 , paragraphs 44 - 45 ; case c - 2 / 05 eu : c : 2006 : 69 , paragraphs 28 - 29 ; case c - 12 / 14 eu : c : 2016 : 135 , paragraphs 39 - 41 ; case c - 359 / 16 eu : c : 2018 : 63 , paragraphs 44 - 45 .


### in order to bring an operational dimension to the activities of existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should cease to exist . _________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work . ### in order to bring an operational dimension to the activities of existing bodies in the areas of cross - border labour mobility , the authority should take over the performance of tasks carried out by the technical committee on the free movement of workers established pursuant to regulation no 492 / 2011 , the committee of experts on posting of workers set up by commission decision 2009 / 17 / ec68 and the european platform to enhance cooperation in tackling undeclared work set up by decision 2016 / 344 of the european parliament and the council69 . with the establishment of the authority , those bodies should be taken over by and merged with it . _________________ 68 commission decision 2009 / 17 / ec of 19 december 2008 setting up the committee of experts on posting of workers . 69 decision 2016 / 344 of the european parliament and of the council of 9 march 2016 on establishing a european platform to enhance cooperation in tackling undeclared work .


### the authority should complement the activities of the administrative commission for the coordination of social security systems created by regulation no 883 / 2004 in so far as it exercises regulatory tasks related to the application of regulations no 883 / 2004 and no 987 / 2009 . the authority should however take over operational tasks currently carried out under the framework of the administrative commission , such as providing a mediation function between member states , ensuring a forum for handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , replacing the function of the audit board set up by those regulations , as well as matters related to electronic data exchange and it tools to facilitate the application of those regulations , replacing the function of the technical commission for data processing set up by those regulations . ### the authority should cooperate with the administrative commission for the coordination of social security systems created by regulation no 883 / 2004 and be permitted to attend meetings of the administrative commission and its committees .


### in order to reflect this new institutional set - up , regulations no 883 / 2004 , no 987 / 2009 , no 492 / 2011 , and 2016 / 589 should be amended , and decision 2009 / 17 / ec and decision 2016 / 344 should be repealed . ### in order to reflect this new institutional set - up , regulations no 883 / 2004 , no 492 / 2011 , and 2016 / 589 should be amended , and decision 2009 / 17 / ec and decision 2016 / 344 should be repealed .


### 1subject matter and scope ### 1establishment and scope of action


### the objective of the authority shall be to contribute to ensuring fair labour mobility in the internal market . to this end , the authority shall : ### the purpose of the authority shall be to promote fair labour mobility in the internal market .


### support cooperation between member states in the cross - border enforcement of relevant union law , including facilitating joint inspections ; ### improve cooperation between member states in the cross - border consistent , efficient and effective application of relevant union law , including facilitating joint inspections ;


### coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ; ### propose , coordinate and support concerted and joint inspections , in accordance with articles 9 and 10 ;


### carry out analyses and risk assessments on issues of cross - border labour mobility , in accordance with article 11 ; ### initiate analyses and carry out risk assessments on issues related to labour mobility within the internal market and issue opinions and recommendations , in accordance with article 11


### support member states with capacity - building regarding the effective enforcement of relevant union law , in accordance with article 12 ; ### issue guidelines and interpretative opinions on relevant union law and support member states with capacity - building regarding the effective compliance , implementation and enforcement of relevant union law , in accordance with article 12 ;


### mediate in disputes between member states ' authorities on the application of relevant union law , in accordance with article 13 ; ### mediate in disputes between member states ' authorities on the application of relevant union law , and , where necessary , help to settle disputes by means of decisions , in accordance with article 13 ;


### facilitate cooperation between relevant stakeholders in the event of cross - border labour market disruptions , in accordance with article 14 . ### facilitate cooperation between relevant stakeholders in the event of cross - border labour market disruptions , in accordance with article 14 and facilitate the support of employees in precarious cross - border working conditions ;


### to that end , the authority shall , upon request of national authorities , and in order to speed up exchanges between them , in particular : ### to that end , the authority shall , upon request of national authorities or at its own initiative , and in order to speed up exchanges between them , in particular :


### support national authorities in identifying the relevant contact points of national authorities in other member states ; ### support national authorities in identifying and determining the relevant contact points of national authorities in other member states ;


### at the request of one or several member states , the authority shall coordinate concerted or joint inspections in the areas under the scope of the authority ' s competences . the request may be submitted by one or several member states . the authority may also suggest to the authorities of the member states concerned that they perform a concerted or joint inspection . ### at the request of one or several member states , or of social partners ' organisations or on the initiative the authority , member states shall work towards concluding an agreement between them and the authority for concerted or joint inspections in the areas under the scope of the authority ' s competences .


### staff of the authority may participate in a concerted or joint inspection with the prior agreement of the member state on whose territory they will be providing their assistance to the inspection . ### staff of the authority may participate in a concerted or joint inspection .


### staff of the authority may participate in a concerted or joint inspection with the prior agreement of the member state on whose territory they will be providing their assistance to the inspection . ### staff of the authority may attend a concerted or joint inspection with the prior agreement of the member state on whose territory they will be providing their assistance to the inspection .


### cases in which there are ongoing court proceedings at national or union level shall not be admissible for mediation by the authority . ### cases in which there are ongoing court proceedings at national or union level relating to the disagreement concerned shall not be admissible for mediation by the authority .


### within three months of the conclusion of the mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up . ### within three months of the conclusion of successful mediation by the authority , the member states concerned shall report to the authority on measures they have taken in order to follow - up on it or on the reasons for not taking action in the event that they did not follow - up .


### the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases it handles . ### the authority shall report to the commission on a quarterly basis about the outcomes of the mediation cases and dispute settlement procedures it handles


### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions . ### at the request of the national authorities , the authority may facilitate cooperation between relevant stakeholders in order to address labour market disruptions affecting more than one member state , such as large - scale restructuring events or major projects impacting employment in border regions . the authority shall thereby adequately involve the respective social partners and may not interfere with their autonomy .


### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation . ### the authority may set up working groups or expert panels with representatives from member states and / or from the commission , or external experts following selection procedures , for the fulfilment of its specific tasks or for specific policy areas , including a mediation board and a dispute settlement board in order to fulfil its tasks in accordance with article 13 of this regulation , and a dedicated group for the purpose of handling financial matters related to the application of regulations no 883 / 2004 and no 987 / 2009 , as referred to in article 8 of this regulation .


### adopt , by a two - thirds majority of its members entitled to vote , the annual budget of the authority and exercise other functions in respect of the authority ' s budget pursuant to chapter iv ; ### adopt , by a two - thirds majority of its members entitled to vote , the annual budget of the authority , after the budget has been submitted to the stakeholders group for an opinion , and exercise other functions in respect of the authority ' s budget pursuant to chapter iv ;


### adopt an anti - fraud strategy , proportionate to the risk of fraud , taking into account the costs and benefits of the measures to be implemented ; ### adopt an anti - fraud strategy , proportionate to the risk of fraud , taking into account the costs and benefits of the measures to be implemented , after the strategy has been submitted to the stakeholders group for an opinion ;


### adopt the rules of procedures of the working groups and panels of the authority set up in accordance with article 17 ; ### adopt the rules of procedure of the working groups and panels of the authority setup in accordance with article 17 and and appoint three independent experts pursuant to article 17 and two substitutes for each expert for a term of 10 years ;


### the executive director shall report to the european parliament on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his or her duties . ### the executive director shall report to the european parliament and the commission on the performance of his or her duties when invited to do so . the council may invite the executive director to report on the performance of his or her duties .


### to facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this regulation , a stakeholder group with advisory functions attached to the authority shall be established . ### to facilitate consultation with relevant stakeholders and to benefit from their expertise in areas covered by this regulation , a stakeholder group attached to the authority shall be established .


### the authority shall provide the secretariat for the stakeholder group . the stakeholder group shall adopt its rules of procedure by a two - thirds majority of its members entitled to vote . the rules of procedure shall be subject to approval by the management board . ### the authority shall provide the secretariat for the stakeholder group . the stakeholder group shall adopt its rules of procedure by a two - thirds majority of its members entitled to vote .


### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission . _________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council . ### each year , the executive director shall draw up a draft single programming document containing in particular multi - annual and annual programming in accordance with commission delegated regulation no 1271 / 201373 and taking into account guidelines set by the commission , after the document has been submitted to the stakeholder group for an opinion . _________________ 73 commission delegated regulation no 1271 / 2013 of 30 september 2013 on the framework financial regulation for the bodies referred to in article 208 of regulation no 966 / 2012 of the european parliament and of the council .


### ‘ european labour authority’ means the body established by [ regulation establishing the authority ] and referred to in article 74 ; ; ### ‘ european labour authority’ means the body established by [ regulation establishing the authority ] ;


### in article 72 , point is replaced by the following : ### in article 72 , the following point is inserted : ' provide the european labour authority with technical input and expertise when required . '


### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only . ### there are a number of barriers which hinder the provision of these services to consumers temporarily present in another member state . certain online services include content such as music , games or films which are protected by copyright and / or related rights under union law . in particular , the obstacles to cross - border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and / or related rights such as audiovisual works are not always licensed on a multi - territorial basis as well as from the fact that online service providers may choose to serve specific markets only .


### in addition , the court held in joined cases c - 403 / 08 and c - 429 / 08 , football association premier league and others , eu : c : 2011 : 631 , that certain restrictions to the provision of services cannot be justified in light of the objective of protecting intellectual property rights . ### in addition , the court held in joined cases c - 403 / 08 and c - 429 / 08 , football association premier league and others , eu : c : 2011 : 631 , that a restriction to the provision of services , consisting in the prohibition on the use of foreign decoding devices in the context of an encrypted satellite broadcasting service of live sporting events , cannot be justified in light of the objective of protecting intellectual property rights .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore the objective of this regulation is to adapt the legal framework in order to enable and ensure cross - border portability of online content services in the union , by providing a strictly interpretable legal fiction aimed at removing barriers to portability of legally acquired content related to licensing of rights .


### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data oj l 281 , 23 . 11 . 1995 , p . 31–50 . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector , called , as amended by directives 2006 / 24 / ec and 2009 / 136 / ec , the ' e - privacy directive ' . ### this regulation respects fundamental rights and observes the principles recognised in the charter of fundamental rights of the european union . accordingly , this regulation should be interpreted and applied in accordance with those rights and principles , in particular the right to respect for private and family life , the right to protection of personal data , the right to property , including intellectual property rights , the freedom of expression and the freedom to conduct a business . any processing of personal data under this regulation should respect fundamental rights , including the right to respect for private and family life and the right to protection of personal data under articles 7 and 8 of the charter of fundamental rights of the european union and must be in compliance with directives 95 / 46 / ec27 and 2002 / 58 / ec28 . in particular , service providers must ensure that any processing of personal data under this regulation must be necessary and proportionate in order to achieve the relevant purpose . __________________ 27 directive 95 / 46 / ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data . 28 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector .


### having regard to article 50 of the treaty on european union , the european medicines agency should take its new seat as from the date on which the treaties cease to apply to the united kingdom or from 30 march 2019 , whichever is the earlier . ### having regard to article 50 of the treaty on european union , the european medicines agency should take its new seat from 30 march 2019 .


### to ensure the proper functioning of the european medicines agency in its new location , a headquarters agreement should be concluded before the european medicines agency takes up its new seat . ### to ensure the proper functioning of the european medicines agency in its new location , a headquarters agreement should be concluded as soon as possible . the headquarters agreement should include the most appropriate terms and conditions for the successful relocation of the european medicines agency and its staff members to amsterdam .


### in regulation no 726 / 2004 , the following article 71a is inserted : ### in regulation no 726 / 2004 , the following article 71a and article 71b are inserted : ' article 71b a headquarters agreement allowing the agency to take up its duties at the premises approved by the european parliament and the council must be concluded within 3 months from the date this regulation enters into force . '


### the agency shall have its seat in amsterdam , the netherlands . ### the seat of the agency shall be located in a city of a european union member state on the basis of absolute assurance that : - it meets , without any exception or limitation , as from january 2019 , all requirements , conditions and criteria necessary to ensure that the agency can function effectively ; - it ensures the full and immediate operational continuity of the agency’s activities , which are highly important to society and of great scientific value . the agency ' s remit shall relate to what is recognised as a fundamental right of european citizens to health protection . its headquarters shall be selected under the ordinary legislative procedure pursuant to articles 114 and 168 tfeu .


### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frameworks on a bilateral or multilateral basis . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . _________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 . ### the customs 2020 programme set up under regulation no 1294 / 201318 and its predecessors have significantly contributed to facilitating and enhancing customs cooperation . many of the activities in the customs area are of a cross - border nature , involving and affecting all member states , and therefore they cannot be effectively and efficiently delivered by individual member states . a customs programme at union level , implemented by the commission , offers member states a union framework to develop those cooperation activities , which is more cost - efficient than if each member state were to set up individual cooperation frameworks on a bilateral or multilateral basis . moreover , harmonised and standardised custom controls at all points of entry are necessary because an imbalance in the performance of customs controls by member states impedes the effective functioning of the customs union . it is therefore appropriate to ensure the continuity of union financing of activities in the field of customs cooperation by establishing a new programme in the same area , the customs programme . _________________ 18 regulation no 1294 / 2013 of the european parliament and of the council of 11 december 2013 establishing an action programme for customs in the european union for the period 2014 - 2020 and repealing decision no 624 / 2007 / ec , oj l 347 , 20 . 12 . 2013 , p . 209 .


### in providing a framework for actions that has as objective to support the customs union and customs authorities , the programme should contribute to protecting the financial and economic interests of the union and its member states ; protecting the union from unfair and illegal trade while supporting legitimate business activity ; ensuring the security and safety of the union and its residents ; and facilitating legitimate trade , so that businesses and citizens can benefit from the full potential of the internal market and of global trade . ### in providing a framework for actions that has as objective to support the customs union and customs authorities with a view to the long - term objective that all customs administrations in the union work together as if they were one , the programme should contribute to protecting the financial and economic interests of the union and its member states ; protecting the union from unfair and illegal trade while supporting legitimate business activity ; ensuring the security and safety of the union and its residents ; and facilitating legitimate trade , so that businesses and citizens can benefit from the full potential of the internal market and of global trade .


### considering the importance of globalisation , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation . those external experts should mainly be representatives of governmental authorities , including from non - associated third countries , as well as representatives of international organisations , economic operators or civil society . ### considering the importance of globalisation , the programme should continue to provide the possibility of involving external experts within the meaning of article 238 of the financial regulation . those external experts should mainly be representatives of governmental authorities , including from non - associated third countries , as well as academics and representatives of international organisations , economic operators or civil society .


### this regulation should be implemented by means of work programmes . in view of the mid - to long - term nature of the objectives pursued and building on experience gained over time , work programmes should be able to cover several years . the shift from annual to multiannual work programmes will reduce the administrative burden for both the commission and member states . ### this regulation should be implemented by means of work programmes . in view of the mid - to long - term nature of the objectives pursued and building on experience gained over time , work programmes may cover several years but not more than three years in order to allow for adaptations where necessary . the shift from annual to multiannual work programmes could reduce the administrative burden for both the commission and member states .


### the programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the union and its member states , to ensure security and safety within the union and to protect the union from unfair and illegal trade , while facilitating legitimate business activity . ### with a view to the long - term aim that all customs administrations in the eu work together as if they were one , the programme has the general objective to support the customs union and customs authorities to protect the financial and economic interests of the union and its member states , to ensure security and safety within the union and to protect the union from unfair and illegal trade , while facilitating legitimate business activity .


### the programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy as well as customs cooperation and administrative capacity building , including human competency and the development and operation of european electronic systems . ### the programme has the specific objective to support the preparation and uniform implementation of customs legislation and policy , to support customs cooperation and administrative capacity building , including human competency and the timely development , deployment , maintenance and operation of european electronic systems as well as a smooth transition to a paperless environment and trade in line with the multi - annual strategic plan for customs set out in article 12 of this regulation .


### actions complementing or supporting the actions implementing the objectives referred to in article 3 of regulation [ 2018 / xxx ] [ cce instrument ] shall also be eligible for funding under this programme . ### actions complementing or supporting the actions implementing the objectives referred to in article 3 of regulation [ 2018 / xxx ] [ cce instrument ] and / or complementing or supporting the actions implementing the objectives referred to in article 2 of regulation [ 2018 / xxx ] [ anti - fraud programme ] shall also be eligible for funding under this programme .


### project - based structured collaboration ; ### project - based structured collaboration , such as collaborative it development by a group of member states ;


### actions consisting in the development and operation of adaptations or extensions to the common components of the european electronic systems for cooperation with third countries not associated to the programme or international organisations shall be eligible for funding when they are of interest to the union . the commission shall put in place the necessary administrative arrangements , which may provide for a financial contribution from the third parties concerned to these actions . ### actions consisting in the development , deployment , maintenance and operation of adaptations or extensions to the common components of the european electronic systems for cooperation with third countries not associated to the programme or international organisations shall be eligible for funding when they are of interest to the union . the commission shall put in place the necessary administrative arrangements , which may provide for a financial contribution from the third parties concerned to these actions .


### wherever beneficial for the achievement of the actions implementing the objectives referred to in article 3 , representatives of governmental authorities , including those from third countries not associated to the programme pursuant to article 5 , representatives of international and other relevant organisations , of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the programme . ### wherever beneficial for the achievement of the actions implementing the objectives referred to in article 3 , representatives of governmental authorities , including those from third countries not associated to the programme pursuant to article 5 , academics and representatives of international and other relevant organisations , of economic operators and organisations representing economic operators and of civil society may take part as external experts to actions organised under the programme .


### the external experts shall be selected by the commission based on their skills , experience and knowledge relevant to the specific action , avoiding any potential conflict of interest . ### the external experts shall be selected by the commission based on their skills , experience and knowledge relevant to the specific action , avoiding any potential conflict of interest and taking into account the principle of gender equality .


### the commission and the member states shall ensure jointly the development and operation , including the design , specification , conformance testing , deployment , maintenance , evolution , security , quality assurance and quality control , of the european electronic systems listed in the multi - annual strategic plan for customs referred to in article 12 . ### the commission and the member states shall ensure jointly the development and operation , including the design , specification , conformance testing , deployment , maintenance , evolution , modernisation , security , quality assurance and quality control , of the european electronic systems listed in the multi - annual strategic plan for customs referred to in article 12 .


### the overall coordination of the development and operation of european electronic systems with a view to their operability , inter connectivity and continuous improvement and their synchronised implementation ; ### the overall coordination of the development and operation of european electronic systems with a view to their operability , cyber - resilience , interconnectivity and continuous improvement and their synchronised implementation ;


### a national component : a component of the european electronic systems developed at national level , which is available in the member state that created such a component or contributed to its joint creation ; ### a national component : a component of the european electronic systems developed at national level , which is available in the member state that created such a component or contributed to its joint creation , as for instance in a collaborative it development project by a group of member states ;


### member states shall notify the commission of the completion of each task allocated to them under the multi - annual strategic plan for customs referred to in paragraph 1 . they shall also regularly report to the commission on progress with their tasks . ### member states shall notify the commission of the completion of each task allocated to them under the multi - annual strategic plan for customs referred to in paragraph 1 . they shall also regularly report to the commission on progress with their tasks and where applicable about foreseeable delays in their implementation .


### no later than 31 october of each year , the commission shall , on the basis of the annual reports referred to in paragraph 4 , establish a consolidated report assessing the progress made by member states and the commission in the implementation of the plan referred to in paragraph 1 and make that report public . ### no later than 31 october of each year , the commission shall , on the basis of the annual reports referred to in paragraph 4 , establish a consolidated report assessing the progress made by member states and the commission in the implementation of the plan referred to in paragraph 1 , including information on necessary adaptations or delays of the plan , and make that report public .


### the programme shall be implemented by multiannual work programmes referred to in article 108 of the financial regulation . ### the programme shall be implemented by annual or multiannual work programmes referred to in article 108 of the financial regulation . the multiannual work programme may cover a period of no longer than 3 years in order to allow for adaptations where necessary .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds . ### the performance reporting system shall ensure that data for monitoring programme implementation and results are comparable and complete as well as collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds .


### 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 programme implementation . ### 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 programme implementation .


### 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 three years after the end of the period specified in article 1 , a final evaluation of the programme shall be carried out by the commission .


### the recipients of union funding shall acknowledge the origin and ensure the visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public . ### the recipients of union funding shall acknowledge the origin and ensure maximum visibility of the union funding by providing coherent , effective and proportionate targeted information to multiple audiences , including the media and the public .


### the commission shall implement information and communication actions relating to the programme , and its actions and results . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 . ### the commission shall regularly implement information and communication actions relating to the programme , and its actions and results as part of the work programmes as referred to in article 13 . financial resources allocated to the programme shall also contribute to the corporate communication of the political priorities of the union , as far as they are related to the objectives referred to in article 3 .


### directive 2010 / 65 / eu of the european parliament and the council9requires member states to accept the fulfilment of reporting obligations for ships arriving in and departing from union ports in electronic format and to ensure their transmission via a single window in order to facilitate maritime transport . _________________ 9 directive 2010 / 65 / eu of the european parliament and the council of 20 october 2010 on reporting formalities for ships arriving in and / or departing from ports of the member states and repealing directive 2002 / 6 / ec . ### directive 2010 / 65 / eu of the european parliament and the council9 requires member states to accept the fulfilment of reporting obligations for ships arriving in and departing from union ports in electronic format and to ensure their transmission via a single window in order to facilitate and expedite maritime transport . _________________ 9 directive 2010 / 65 / eu of the european parliament and of the council of 20 october 2010 on reporting formalities for ships arriving in and / or departing from ports of the member states and repealing directive 2002 / 6 / ec .


### this regulation is aimed at facilitating the transmission of information . the application of this regulation should not alter the substance of reporting obligations , and should not affect subsequent storage and processing of information at union level or at national level . ### ' the main aim of this regulation , which is part of the emanifest pilot project , is to lay down harmonised rules for providing the cargo information required by both maritime and customs authorities and for compliance with the other reporting formalities required by directive 2010 / 65 / eu ; this regulation is aimed at facilitating the transmission of information between the ship data providers , the relevant public authorities covering the port of call , and other member states . the application of this regulation should not alter the substance of reporting obligations , and should not affect subsequent storage and processing of information at union level or at national level .


### this regulation is aimed at facilitating the transmission of information . the application of this regulation should not alter the substance of reporting obligations , and should not affect subsequent storage and processing of information at union level or at national level . ### this regulation is aimed at facilitating the transmission of information . the application of this regulation should not alter the substance of reporting obligations , and should not affect subsequent storage and processing of information at union level or at national level ; it should also conform with the gdpr .


### a member state may request the commission to introduce data elements in the emswe data set , on the basis of the reporting obligations contained in the national legislation . by six months from the entry into force of this regulation at the latest , the member states shall notify the commission of the provisions of national legislation and corresponding reporting obligations , containing the data elements to be included in the emswe data set . they shall precisely identify those data elements . the commission shall assess the necessity of inserting or modifying a data element in the emswe data set on the basis of those notifications . ### a member state may request the commission to introduce or amend existing data elements in the emswe data set , on the basis of the reporting obligations contained in the national legislation . by six months from the entry into force of this regulation at the latest , the member states shall notify the commission of the provisions of national legislation and corresponding reporting obligations , containing the data elements to be included in the emswe data set . they shall precisely identify those data elements . the commission shall assess the necessity of inserting or modifying a data element in the emswe data set on the basis of those notifications .


### where a member state intends to introduce or amend a reporting obligation , under its national legislation , which would involve the provision of information other than that included in the emswe data set , that member state shall immediately notify the commission . in this notification , the member state shall precisely identify the information not covered by the emswe data set and indicate the intended time period of application of the reporting obligation in question . ### where a member state or a relevant authority via that member state&#160 ; intends to introduce or amend a reporting obligation , under its national legislation , which would involve the provision of information other than that included in the emswe data set , that member state shall immediately notify the commission . in this notification , the member state shall precisely identify the information not covered by the emswe data set and indicate the intended time period of application of the reporting obligation in question .


### each member state shall establish a national single window where , in accordance with this regulation and without prejudice to article 6 , all information necessary for the fulfilment of reporting obligations shall be provided once , by means of and in compliance with the emswe data set , for the purpose of this information being made available to the relevant authorities of the member states . ### each member state shall establish a national single window where , in accordance with this regulation and without prejudice to article 6 , all information necessary for the fulfilment of reporting obligations shall be provided once , by means of and in compliance with the emswe data set , for the purpose of this information being made available to the relevant authorities of the member states . each national single window should have a clear governance dimension with a legal base in order to ensure a smooth processing , flow and handling of data between authorities and between member states .


### the compatibility of the national single window with the reporting interface module ; ### the compatibility of the national single window with the reporting interface ;


### the timely integration of the reporting interface module and any subsequent updates in accordance with the implementation dates set in the implementing act referred to in paragraph ; ### the timely integration of the reporting interface and any subsequent updates in accordance with the implementation dates set in the implementing act referred to in paragraph ;


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


### the provision of an online support website . ### provision of an online support site in the official language of the member state concerned and in english .


### the provision of an online support website . ### the provision of a helpdesk and an online user - friendly support website with clear instructions .


### development plan for development and updating of the reporting interface module foreseen within the following 18 months ; ### development plan for development and updating of the reporting interface foreseen within the following 18 months ;


### indicative deadlines for the members states for subsequent integration of the reporting interface module to the national single windows ; ### indicative deadlines for the members states for subsequent integration of the reporting interface to the national single windows ;


### indicative deadlines for the members states for subsequent integration of the reporting interface module to the national single windows ; ### deadlines for the member states for subsequent integration of the reporting interface module to the national single windows ;


### by six years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module . ### by four years after the entry into force of this regulation the commission shall review the application of this regulation and submit to the european parliament and the council an assessment report on the functioning of the emswe on the basis of the data and statistics collected . the assessment report shall include , where necessary , an evaluation of emerging technologies , which could lead to changes to or replacement of the reporting interface module .


### it shall apply from [ op - insert four years after entry into force of this regulation ] . ### it shall apply from [ op - insert four years after entry into force of this regulation ] or one year after the adoption of all the delegated and implementing acts planned in the regulation , whichever date is the latest .


### the functionalities referred to in point of article 7 and those related to the customs formalities specified in point 7 of part a of the annex shall become effective when the electronic systems referred to in article 6 of regulation no 952 / 2013 which are necessary for the application of those formalities are operational , in accordance with the work programme established by the commission pursuant to articles 280 and 281 of regulation no 952 / 2013 . ### the functionalities referred to in point of article 7 and those related to the customs formalities specified in point 7 of part a of the annex shall become effective after evaluation and proof of full functionality of emswe and implementation and interoperation of all other data elements of emswe data set between national single windows of participating member states and when the electronic systems referred to in article 6 of regulation no 952 / 2013 which are necessary for the application of those formalities are operational , in accordance with the work programme established by the commission pursuant to articles 280 and 281 of regulation no 952 / 2013 .


### the smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents incompatible with the objectives of this directive . therefore , it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications . it is also important that measures and remedies provided for should not restrict the freedom of expression and information or whistleblowing activity . therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed . ### the smooth functioning of the internal market would be undermined if the measures and remedies provided for were used to pursue illegitimate intents incompatible with the objectives of this directive . therefore , it is important to ensure that judicial authorities are empowered to sanction abusive behaviour by claimants who act in bad faith and submit manifestly unfounded applications . it is also important that measures and remedies provided for should not restrict the freedom of expression and information or whistleblowing activity . therefore the protection of trade secrets should not extend to cases in which disclosure of a trade secret serves the public interest in so far as relevant misconduct or wrongdoing is revealed . lawful use of freedom of expression and information must be interpreted with particular regard for the specific context and the nature of the information disclosed .


### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . ### this directive lays down rules on the protection against the unlawful acquisition , disclosure and use of trade secrets . the acquisition , use and exploitation of trade secrets shall be considered lawful where so provided under national or eu legislation or by public authorities in the exercise their remit , since the protection of trade secrets must not undermine the general public interest . in such cases , therefore , such information shall not fall within the scope of this directive .


### ' trade secret ' means information which meets all of the following requirements : ### ' trade secret ' means information which , taken as a whole , meets the following requirements :


### 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 ;


### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , intentionally or with gross negligence , by a person who is found to meet any of the following conditions : ### the use or disclosure of a trade secret shall be considered unlawful whenever carried out , without the consent of the trade secret holder , with intent or with gross negligence , by a person who is found to meet any of the following conditions :


### exercise of the right of workers representatives to information and consultation in accordance with union and national law and / or practices ; ### acquisition and disclosure of trade secrets by worker ' s representatives in the context of the exercise of their rights to information , consultation and participation in accordance with union and national law and practices , and the collective defence of the interests of workers and employers , including co - determination .


### the trade secret was disclosed by workers to their representatives as part of the legitimate exercise of their representative functions ; ### the trade secret was disclosed by workers to their legal representatives as part of the legitimate exercise of their representative functions , provided that the contract governing those functions contains a confidentiality clause ;


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


### our daily lives and economies become increasingly dependent on digital technologies , citizens become more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability to protect the union against cyber threats , as both civilian infrastructure and military capacities rely on secure digital systems . ### more than 80% of the population of the european union is connected to the internet and our daily lives and economies are becoming increasingly dependent on digital technologies , with citizens becoming more and more exposed to serious cyber incidents . future security depends , among others , on enhancing technological and industrial ability to protect the union against cyber threats , as both civilian infrastructure and military capacities rely on secure digital systems .


### the competence centre should be the union ' s main instrument to pool investment in cybersecurity research , technology and industrial development and to implement relevant projects and initiatives together with the cybersecurity competence network . it should deliver cybersecurity - related financial support from the horizon europe and digital europe programmes , and should be open to the european regional development fund and other programmes where appropriate . this approach should contribute to creating synergies and coordinating financial support related to cybersecurity research , innovation , technology and industrial development and avoiding duplication . ### the competence centre should be the union ' s main instrument to pool investment in cybersecurity research , technology and industrial development and to implement relevant projects and initiatives together with the cybersecurity competence network . it should deliver cybersecurity - related financial support from the horizon europe and digital europe programmes , as well as from the european defence fund for actions and administrative costs related to defence , and should be open to the european regional development fund and other programmes where appropriate . this approach should contribute to creating synergies and coordinating financial support related to cybersecurity research , innovation , technology and industrial development and avoiding duplication .


### taking into account that the objectives of this initiative can be best achieved if all member states or as many member states as possible participate , and as an incentive for member states to take part , only member states who contribute financially to the administrative and operational costs of the competence centre should hold voting rights . ### taking into account that the objectives of this initiative can be best achieved if all member states or as many member states as possible contribute , and as an incentive for member states to take part , only member states who contribute financially to the administrative and operational costs of the competence centre should hold voting rights .


### the competence centre should have several key functions . first , the competence centre should facilitate and help coordinate the work of the european cybersecurity competence network and nurture the cybersecurity competence community . the centre should drive the cybersecurity technological agenda and facilitate access to the expertise gathered in the network and the cybersecurity competence community . secondly , it should implement relevant parts of digital europe and horizon europe programmes by allocating grants , typically following a competitive call for proposals . thirdly , the competence centre should facilitate joint investment by the union , member states and / or industry . ### the competence centre should have several key functions . first , the competence centre should facilitate and help coordinate the work of the european cybersecurity competence network and nurture the cybersecurity competence community . the centre should drive the cybersecurity technological agenda and facilitate access to the expertise gathered in the network and the cybersecurity competence community . secondly , it should implement relevant parts of digital europe and horizon europe programmes as well as of the european defence fund , by allocating grants , typically following a competitive call for proposals . thirdly , the competence centre should facilitate joint investment by the union , member states and / or industry .


### the competence centre should have an industrial and scientific advisory board as an advisory body to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the industrial and scientific advisory board should focus on issues relevant to stakeholders and bring them to the attention of the competence centre ' s governing board . the composition of the industrial and scientific advisory board and the tasks assigned to it , such as being consulted regarding the work plan , should ensure sufficient representation of stakeholders in the work of the competence centre . ### the competence centre should have an industrial and scientific advisory board as an advisory body to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . a minimum number of seats shall be allocated to each category of these relevant stakeholders which should include but not be limited to , industry professionals dealing with areas of cybersecurity , academics and research professionals , and relevant civil society bodies . the industrial and scientific advisory board should focus on issues relevant to stakeholders and bring them to the attention of the competence centre ' s governing board . the composition of the industrial and scientific advisory board and the tasks assigned to it , such as being consulted regarding the work plan , should ensure sufficient representation of stakeholders in the work of the competence centre .


### the competence centre should have an industrial and scientific advisory board as an advisory body to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the industrial and scientific advisory board should focus on issues relevant to stakeholders and bring them to the attention of the competence centre ' s governing board . the composition of the industrial and scientific advisory board and the tasks assigned to it , such as being consulted regarding the work plan , should ensure sufficient representation of stakeholders in the work of the competence centre . ### the competence centre should have an industrial and scientific advisory board as an advisory body to ensure regular dialogue with the private sector , consumers’ organisations and other relevant stakeholders . the industrial and scientific advisory board should focus on issues relevant to stakeholders and bring them to the attention of the competence centre ' s governing board . the composition of the industrial and scientific advisory board and the tasks assigned to it , such as being consulted regarding the work plan , should ensure sufficient representation of stakeholders in the work of the competence centre . a minimum number of seats should be allocated to each category of industry stakeholders , with particular attention paid to the representation of smes .


### the competence centre shall contribute to the implementation of the cybersecurity part of the digital europe programme established by regulation no xxx and in particular actions related to article 6 of regulation no xxx [ digital europe programme ] thereof and of the horizon europe programme established by regulation no xxx and in particular section 2 . 2 . 6 of pillar ii of annex i . of decision no xxx on establishing the specific programme implementing horizon europe – the framework programme for research and innovation [ ref . number of the specific programme ] . ### the competence centre shall contribute to the implementation of the cybersecurity part of the digital europe programme established by regulation no xxx and in particular actions related to article 6 of regulation no xxx [ digital europe programme ] thereof , of the horizon europe programme established by regulation no xxx and in particular section 2 . 2 . 6 of pillar ii of annex i . of decision no xxx on establishing the specific programme implementing horizon europe – the framework programme for research and innovation [ ref . number of the specific programme ] and of the european defence fund established by regulation no xxx .


### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under national law , including specific duties ; ### ' public authority ' means any government or other public administration , including public advisory bodies , at national , regional or local level or any natural or legal person performing public administrative functions under national and union law , including specific duties ;


### ' participating member state ' means a member state which voluntarily contributes financially to the administrative and operational costs of the competence centre . ### ' contributing member state ' means a member state which contributes financially to the administrative and operational costs of the competence centre and enjoys the right to vote on the governing board .


### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries . ### increase the competitiveness of the union ' s cybersecurity industry and turn cybersecurity into competitive advantage of other union industries , giving it a firm foundation and making it a key player in the fight against cyber - attacks .


### contribute to the implementation of the cybersecurity part of the digital europe programme established by regulation no xxx26 and in particular actions related to article 6 of regulation no xxx [ digital europe programme ] and of the horizon europe programme established by regulation no xxx27 and in particular section 2 . 2 . 6 of pillar ii of annex i . of decision no xxx on establishing the specific programme implementing horizon europe – the framework programme for research and innovation [ ref . number of the specific programme ] . and of other union programmes when provided for in legal acts of the union ] ; _________________ 26 [ add full title and oj reference ] 27 [ add full title and oj reference ] ### contribute to the implementation of the cybersecurity part of the digital europe programme established by regulation no xxx26 and in particular actions related to article 6 of regulation no xxx [ digital europe programme ] , of the horizon europe programme established by regulation no xxx27 and in particular section 2 . 2 . 6 of pillar ii of annex i . of decision no xxx on establishing the specific programme implementing horizon europe – the framework programme for research and innovation [ ref . number of the specific programme ] , of the european defence fund established by regulation no xxx and of other union programmes when provided for in legal acts of the union ] ; _________________ 26 [ add full title and oj reference ] 27 [ add full title and oj reference ]


### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , by carrying out the following tasks : ### enhance cybersecurity capacities and capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , and raise awareness of how effective cybersecurity can reduce societal and ethical threats to the union , by carrying out the following tasks :


### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , the public sector and research communities , by carrying out the following tasks : ### enhance cybersecurity capabilities , knowledge and infrastructures at the service of industries , services , the public sector and research communities , by carrying out the following tasks :


### 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 economy , by carrying out the following tasks , in accordance with the principles of equal treatment and no discrimination of directive 2014 / 24 / eu :


### supporting in particular public authorities in organising their public procurement , or carrying out procurement of state - of - the - art cybersecurity products and solutions on behalf of public authorities ; ### supporting in particular public authorities in organising their public procurement , with a focus on socially inclusive sustainable procurement , or carrying out procurement of state - of - the - art cybersecurity products and solutions on behalf of public authorities ;


### 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 :