### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; this shall not include calls and text messages linked to amber alert ;


### the independent supervisory authority or authorities responsible for monitoring the application of regulation 2016 / 679 shall also be responsible for monitoring the application of this regulation . chapter vi and vii of regulation 2016 / 679 shall apply mutatis mutandis . the tasks and powers of the supervisory authorities shall be exercised with regard to end - users . ### each member state shall determine which relevant supervisory authority should be responsible for monitoring the application of this regulation . chapter vi and vii of regulation 2016 / 679 shall apply mutatis mutandis . the tasks and powers of the supervisory authorities shall be exercised with regard to end - users .


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


### voice - to - voice direct marketing calls that do not involve the use of automated calling and communication systems , given that they are more costly for the sender and impose no financial costs on end - users . member states should therefore be able to establish and or maintain national systems only allowing such calls to end - users who have not objected . ### voice - to - voice direct marketing calls that do not involve the use of automated calling and communication systems should be allowed only if the end - user has not objected . to this end , member states should ensure that an effective do not call register is in place . the service providers enabling marketing calls should offer new subscribers the choice between accepting marketing calls with the designated prefix and having such calls automatically blocked by the service provider .


### in the case of a particular risk that may compromise the security of networks and electronic communications services , the provider of an electronic communications service shall inform end - users concerning such risk and , where the risk lies outside the scope of the measures to be taken by the service provider , inform end - users of any possible remedies , including an indication of the likely costs involved . ### in the case of a particular risk that may compromise the security of networks , electronic communications services , information society services , hardware or software , the relevant provider or manufacturer shall inform all end - users of such a risk and , where the risk lies outside the scope of the measures to be taken by the service provider , inform subscribers of any possible remedies .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ' electronic communications metadata ' means all data processed for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , electronic identifiers and any other data broadcasted or emitted by the terminal equipment , data on the location of the terminal equipment processed in the context of providing electronic communications services , and the date , time , duration and the type of communication ; where metadata of other electronic communications services or protocols are transmitted , distributed or exchanged by using the respective service , they shall be considered electronic communications content for the respective service ;


### it is necessary to meet mandatory quality of service requirements pursuant to [ directive establishing the european electronic communications code ] or regulation 2015 / 212028 for the duration necessary for that purpose ; or __________________ 28 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union . ### it is strictly necessary to meet mandatory quality of service requirements pursuant to [ directive establishing the european electronic communications code ] or regulation 2015 / 212028 for the duration technically necessary for that purpose ; or __________________ 28 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union .


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### the default setting of software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall not allow the storing of information on the terminal equipment of an end - user , the processing of information already stored on that equipment , or sharing of personal data . such software setting options shall allow end - users to provide or withdraw consent for each distinct category of purposes .


### the providers of publicly available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct and delete such data . ### the operators of electronic communication services available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . the operators shall give such end - users that are legal persons the means to verify , correct and delete such data . natural persons who act for a commercial or economic purpose , such as freelancers , one - man businesses and individual professionals shall be considered legal persons


### in order to fulfil the objectives of this regulation , namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the union , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation . in particular , delegated acts should be adopted in respect of the information to be presented , including by means of standardised icons in order to give an easily visible and intelligible overview of the collection of information emitted by terminal equipment , its purpose , the person responsible for it and of any measure the end - user of the terminal equipment can take to minimise the collection . delegated acts are also necessary to specify a code to identify direct marketing calls including those made through automated calling and communication systems . it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201625 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . furthermore , in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission when provided for by this regulation . those powers should be exercised in accordance with regulation no 182 / 2011 . _________________ 25 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 . ### in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission when provided for by this regulation . those powers should be exercised in accordance with regulation no 182 / 2011 .


### in this regulation , direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end - users using electronic communications services . in addition to the offering of products and services for commercial purposes , this should also include messages sent by political parties that contact natural persons via electronic communications services in order to promote their parties . the same should apply to messages sent by other non - profit organisations to support the purposes of the organisation . ### in this regulation , direct marketing refers to any form of advertising by which a natural or legal person sends direct marketing communications directly to one or more identified or identifiable end - users using electronic communications services . in addition to the offering of products and services for commercial purposes , this should also include messages sent by non - profit organisations to support the purposes of the organization , including messages supporting a political campaign .


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


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation is without prejudice to the possibility for the union or member states under specific conditions set out in this regulation to restrict by law certain obligations and rights , when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , following a court order and in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 .


### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons are asked for consent before their personal data are included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory . ### publicly available directories of end - users of electronic communications services are widely distributed . publicly available directories means any directory or service containing end - users information such as phone numbers , email address contact details and includes inquiry services . the right to privacy and to protection of the personal data of a natural person requires that end - users that are natural persons have the possibility of objecting to their personal data being included in a directory . the legitimate interest of legal entities requires that end - users that are legal entities have the right to object to the data related to them being included in a directory .


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user’s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons do not object to their data being included in such directories , they should be able to make an objection on basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should provide accessible information to the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to object on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user’s contact details can be searched should not necessarily be the same .


### notwithstanding paragraph 1 , member states may provide by law that the placing of direct marketing voice - to - voice calls to end - users who are natural persons shall only be allowed in respect of end - users who are natural persons who have not expressed their objection to receiving those communications . ### notwithstanding paragraph 1 , the placing of direct marketing voice - to - voice calls to end - users who are natural persons shall only be allowed in respect of end - users who are natural persons who have not expressed their objection to receiving those communications .


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users’ consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users’ consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 .


### protection of electronic communications of natural and legal persons and of information stored in their terminal equipment ### protection of electronic communications of natural and legal persons and of information processed by and related to their terminal equipment


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ , which prevents end - users from providing informed and freely given consent , overloading them with requests . therefore providers of software enabling the retrieval and presentation of information on the internet should inform end - users of the possibility to express their consent using appropriate technical settings . for that purpose , they should have an obligation to configure the software so that it offers the option for end - users to choose whether to reject or to accept trackers or cookies that are not necessary for the provision of the service requested by the end - user , after being informed of the function of the trackers or cookies , how they are used , and how the information gathered is shared . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate options according to the types of information they are willing to share , the parties they agree to share it with , the purposes of a cookie or tracker . it should also provide them with the options to customise their settings by accepting trackers or cookies for whitelisted information society services’ . end - users should also have the possibility to opt out from cross - device tracking . where the end - user accepts cookies for the purpose of targeted advertising , the end - user should also be able to correct the information gathered about him or her to prevent the possible harm caused by inaccurate information . privacy settings should be presented in an objective , easily visible and intelligible manner .


### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . ### the content of electronic communications pertains to the essence of the fundamental right to respect for private and family life , home and communications protected under article 7 of the charter . any interference with the content of electronic communications should be allowed only under very clear defined conditions , for specific purposes and be subject to adequate safeguards against abuse . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . for services that are provided to users engaged in purely personal or household activities , for example text to voice service , organisation of the mailbox or spam filter service , the consent of the end - user requesting the service should be sufficient . given the sensitivity of the content of communications , this regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons . when processing such type of data , the provider of the electronic communications service should always consult the supervisory authority prior to the processing . such consultation should be in accordance with article 36 and of regulation 2016 / 679 . the presumption does not encompass the processing of content data to provide a service requested by the end - user where the end - user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service . after electronic communications content has been sent by the end - user and received by the intended end - user or end - users , it may be recorded or stored by the end - user , end - users or by a third party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 . where communications data are stored by a third party , this third party should ensure that any information whose processing is not necessary to provide the service requested by the end - user is protected with state of the art security measures applied from end to end , including cryptographic methods such as encryption .


### the member states should be allowed , within the limits of this regulation , to maintain or introduce national provisions to further specify and clarify the application of the rules of this regulation in order to ensure an effective application and interpretation of those rules . therefore , the margin of discretion , which member states have in this regard , should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data . ### the european data protection board should , where necessary , issue guidance and opinions within the limits of this regulation , to maintain or introduce national provisions to further specify and clarify the application of the rules of this regulation in order to ensure an effective application and interpretation of those rules . cooperation and consistency between member states , in particular between national data protection authorities , is essential to maintain a balance between the protection of private life and personal data and the free movement of electronic communications data .


### the member states should be allowed , within the limits of this regulation , to maintain or introduce national provisions to further specify and clarify the application of the rules of this regulation in order to ensure an effective application and interpretation of those rules . therefore , the margin of discretion , which member states have in this regard , should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data . ### the european data protection board should , where necessary , issue guidance and opinions within the limits of this regulation , to further clarify the application of the rules of this regulation in order to ensure an effective application and interpretation of those rules . such guidance and opinions should take into account the dual objective of this regulation and should therefore maintain a balance between the protection of private life and personal data and the free movement of electronic communications data .


### service providers who offer electronic communications services should inform end - users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security risks does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service . the provision of information about security risks to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 . ### service providers who offer electronic communications services should comply with the security obligations laid down in article 32 of regulation 2016 / 679 and article 40 of [ directive of the european parliament and of the council establishing the european electronic communications code ] . providers of electronic communications services should in particular ensure that there is sufficient protection in place against unauthorised access or alterations to the electronic communications data and that the confidentiality and integrity of the communication are guaranteed by state of the art technical measures , such as cryptographic methods , including end - to - end encryption of the electronic communications data .


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent use , or abusive use of electronic communications services ; or


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , upon giving their consent the end - users should be informed of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same . the providers of publicly available directories should provide information about the search options , as well as if new options and functions of the directories are available in the publicly available directories .


### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ' direct marketing voice - to - voice calls ' means live calls , which do not entail the use of automated calling systems and communication systems ; this shall not include calls and text messages linked to amber alert ;


### it is necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or ### it is strictly necessary for the sole purpose of carrying out the transmission of an electronic communication over an electronic communications network ; or


### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ' direct marketing voice - to - voice calls ' means live calls , which do not entail the use of automated calling systems and communication systems , including calls made using automated calling and communication systems which connect the called person to an individual ;


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default are codified under article 25 of regulation 2016 / 679 . therefore providers of software permitting electronic communications shall configure the software so that privacy is protected by default . in addition , providers of such software are required to offer sufficiently granular options to consent to each distinct category of purposes . these distinct categories include , at least , the following categories : tracking for commercial purposes or for direct marketing for non - commercial purposes tracking for personalised content tracking for analytical purposes tracking of location data providing personal data to third parties no consent is required for information that is collected from end - users’ terminal equipment when it is strictly necessary for providing an information society service requested by the end - user , for example in order to adapt the screen size to the device , or to remember items in a shopping basket . web browsers , operating systems and communication apps should allow the end - user to consent to cookies or other information that is stored on , or read from terminal equipment by a specific website or originator even when the general settings prevent the interference and vice versa . with regard to a specific party , web browsers and communication apps should also allow users to separately consent to internet - wide tracking .


### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group . ### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least two member states . the implementing partners may also cover together financing and investment operations in at least two member states by forming a group .


### investment projects receiving substantial union support , notably in the area of infrastructure , should be subject to sustainability proofing in accordance with guidance that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden . ### investment projects receiving substantial union support , notably in the area of infrastructure , should be subject to an assessment of their european added value , particuarly including their sustainability , in accordance with guidance that should be developed by the commission in cooperation with implementing partners under the investeu programme and , using in an appropriate way the criteria established by [ regulation on establishment of a framework to facilitate sustainable investment ] for determining whether an economic activity is environmentally sustainable and coherently with the guidance developed for other programmes of the union . such guidance should include adequate provisions to avoid undue administrative burden .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the technical assessment carried out pursuant to paragraph 5to update member state forest reference levels based on the national forestry accounting reports or the technical corrections submitted , and any recalculations made by the member state in the context of the technical assessment . in the event that a member state has not updated its forest reference level , the value as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review and the assessment carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### member states shall include in their accounts for each land accounting category any change in the carbon stock of the carbon pools listed in annex i , section b . member states may choose not to include in their accounts changes in carbon stocks for carbon pools where the carbon pool is not a source , except for above - ground biomass and harvested wood products on managed forest land . ### member states shall include in their accounts for each accounting category any change in the carbon stock of the carbon pools listed in annex i , section b . member states may choose not to include in their accounts changes in carbon stocks for carbon pools where the carbon pool is not a source , except for above - ground biomass and harvested wood products on managed forest land .


### the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector is highly exposed and very vulnerable to climate change . at the same time , the sector has huge potential to provide long - term climate benefits and to contribute significantly to the achievement of union and international long - term climate goals . it can contribute to climate change mitigation in several ways , in particular by reducing emissions , maintaining and enhancing sinks and carbon stocks , and providing bio - materials than can substitute fossil - or carbon - intensive materials . in order for measures aiming in particular at increasing carbon sequestration to be effective , sustainable resource management and the long - term stability and adaptability of carbon pools are essential . long - term strategies are needed to make sustainable investments possible in the long run .


### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of reference levels , the accounting of transactions and the revision of methodology and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the accounting of transactions and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts .


### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to exclude the effects of natural and country - specific characteristics . in the absence of the international review under the unfccc and the kyoto protocol , a review procedure should be established to ensure transparency and improve the quality of accounting in this category . ### emissions and removals from forest land depend on a number of natural circumstances , age - class structure , as well as past and present management practices that differ substantially between the member states . the use of a base year would not make it possible to reflect those factors and resulting cyclical impacts on emissions and removals or their interannual variation . the relevant accounting rules should instead provide for the use of reference levels to address the effects of natural and country - specific characteristics , such as the inability to manage forests in croatia due to the occupation of its territory , the croatian war of independence , and wartime and post - war circumstances . the relevant accounting rules should also provide for coherence and requirements for sustainable forest management of forest europe . in the absence of the international review under the unfccc and the kyoto protocol , a transparent procedure should be established for the member states to improve auditability and the quality of accounting in this category .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting report shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of active , sustainable forest management practice in accordance with the best available data and adopted national forest programmes and policies , expressed in tonnes of co2 equivalent per year and , on the member state’s current sustainable forest management policies and measures . it shall also be based on the sustainable forestry management principles and the national strategies published by member states in this area up to the date of submission of the forest reference level and on long - term analyses carried out with a view to fulfilling the objective set out in article 4 . 1 of the paris agreement , namely to achieve a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### within six months of the facilitative dialogue to be convened under the unfccc in 2018 , in 2024 and every five years thereafter , the commission shall submit a report to the european parliament and to the council on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the long - term goals of the paris agreement , and may make proposals if appropriate to update this regulation and its ambition in line with developments that emerge from the facilitative dialogue under unfccc and the latest scientific findings .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### the commission shall facilitate an assessment of the national forestry accounting plans and technical corrections submitted , by a member state . this assessment shall be carried out in close consultation with member state experts , the standing forestry committee and the energy union committee . the assessment shall evaluate the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . where the principles and requirements set out in paragraphs and as well as article 5 have not been adhered to , the commission may recalculate the proposed new or corrected forest reference levels .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### the procedure for setting the forest reference level by the member states should be transparent and aligned with the requirements for sustainable forest management of forest europe 1a . the commission should assist the member states by building on the good practice and experience of the expert reviews under the unfccc . in this context , it is appropriate for the commission to provide technical assistance on the verification of compliance with the criteria set out in annex iv , following the consultation of the standing forestry committee established by council decision 89 / 367 / eec1b . __________________ 1a forest europe - ministerial conference on the protection of forests in europe , intergovernmental negotiating committee for a legally binding agreement on forests in europe : http : / / www . foresteurope . org / . 1b council decision 89 / 367 / eec of 29 may 1989 setting up a standing forestry committee .


### each member state shall prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories referred to in article 2 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign . ### each member state shall prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories and other categories referred to in article 2 in accordance with the reporting guidance adopted by bodies of the unfccc or of the paris agreement for the period 2021 - 2030 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign .


### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of reference levels , the accounting of transactions and the revision of methodology and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of categories in the pool of harvested wood products , the accounting of transactions and the revision of methodology and information requirements in order to reflect changes in the ipcc guidelines , as adopted by bodies of the unfccc or of the paris agreement . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec of the european parliament and of the council of 13 october 20031a , regulation no 525 / 2013 , regulation no . . . / . . . on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union , and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 20161b . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ________________ 1a directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec . 1b oj l 123 , 12 . 5 . 2016 , p . 1 .


### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the update of reference levels , the accounting of transactions and the revision of methodology and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts . ### in order to provide for the appropriate accounting of transactions under this regulation , including the use of flexibilities and tracking compliance , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union should be delegated to the commission in respect of the technical adaptation of definitions , values , lists of greenhouse gases and carbon pools , the accounting of transactions , the revision of methodology on the basis of the most recent adopted ipcc methodologies and unfccc guidance and information requirements . these measures shall take into account the provisions in commission regulation no 389 / 2013 establishing a union registry . the necessary provisions should be contained in a single legal instrument combining the accounting provisions pursuant to directive 2003 / 87 / ec , regulation no 525 / 2013 , regulation no . . . / . . . on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and this regulation . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level conducted in accordance with the principles laid down in the inter - institutional agreement on better law - making of 13 april 2016 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and council receive all documents at the same time as member states ' experts , and their experts have systematic access to meetings of commission expert groups dealing with the preparation of delegated acts .


### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying costs used for the calculation of the relevant network tariffs . ### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying assumptions used for the calculation of the relevant network tariffs , which shall include a cost benefit analysis for distributed energy resources , including an assessment of their potential value to the grid and the contribution to other energy policy objectives , in particular those provided by active customers and local energy communities .


### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , regulatory authorities shall make available to market parties the detailed methodology and underlying costs used for the calculation of the relevant network tariffs . ### with a view to increasing transparency in the market and provide to all interested parties all necessary information , decisions or proposals for a decision concerning transmission and distribution tariffs as referred in article 60 , national regulatory authorities shall make available to market parties the detailed methodology and underlying assumptions used for the calculation of the relevant network tariffs , which shall include a cost benefit analysis for distributed energy resources , including an assessment of their potential value to the grid and the contribution to other energy policy objectives , in particular those provided by active customers and local energy communities .


### the commission , by means of implementing acts adopted in accordance with the advisory procedure referred to in article 68 , shall determine a common european data format and non - discriminatory and transparent procedures for accessing the data , listed under article 23 , that will replace national data format and procedure adopted by member states in accordance with paragraph 1 . member states shall ensure that market participants apply a common european data format . ### the commission , by means of implementing acts adopted in accordance with the advisory procedure referred to in article 68 , shall determine a set of principles for a common european data format and non - discriminatory and transparent procedures for accessing the data , listed under article 23 , that will replace national data format and procedure adopted by member states in accordance with paragraph 1 . that common data format and procedures shall be defined in close cooperation with the entities responsible for metering and with customer organisations . member states shall ensure that market participants apply a common european data format .


### are subject to cost reflective , transparent and non - discriminatory network charges , accounting separately for the electricity fed into the grid and the electricity consumed from the grid , in line with article 59 . ### are subject to cost reflective , transparent and non - discriminatory network charges , which reflect both the costs and benefits to the network based on a transparent cost benefit analysis developed by the national regulatory authorities , in line with article 59 .


### are entitled to generate , store , consume and sell self - generated electricity in all organised markets either individually or through aggregators without being subject to disproportionately burdensome procedures and charges that are not cost reflective ; ### are entitled to generate , store , consume , sell self - generated electricity in all organised markets either individually or through aggregators , as well as to participate in the ancillary services of the system and in the mechanisms of response to the demand , without being subject to discriminatory or disproportionately burdensome procedures and charges that are not cost reflective ;


### ‘ active customer’ means a customer or a group of jointly acting customers who consume , store or sell electricity generated on their premises , including through aggregators , or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity ; ### ' active customer ' means a customer or a group of jointly acting customers , including a multi - apartment block , a commercial , industrial , residential or shared services site , a closed distribution system , or a third party acting on their behalf , who consume , store or sell electricity generated on their premises , including through aggregators , or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity ;


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi . ### provided that all relevant eligibility criteria are fulfilled , member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi . therefore a complementarity without replacement of the financial instruments developed under the european structural and investment funds should be ensured .


### development of infrastructure , including in the areas of transport , particularly in industrial centres ; energy , in particular energy interconnections ; and digital infrastructure ; ### development of infrastructure , including in the areas of transport , particularly in industrial and tourist centres ; energy , in particular energy interconnections ; and digital infrastructure ;


### the commission and the eib , with support from the member states , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 . ### the commission and the eib , with support from the member states and regional and local authorities , shall promote the creation of a transparent pipeline of current and potential future investment projects in the union . the pipeline is without prejudice to the final projects selected for support according to article 3 .


### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services ancillary to their broadcast , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin . ### the development of digital technologies and internet has transformed the distribution of and access to television and radio programmes . users increasingly expect to have access to television and radio programmes both live and on - demand , using traditional channels such as satellite or cable and also through online services . broadcasting organisations are therefore increasingly offering , in addition to their own broadcasts of television and radio programmes , online services , such as simulcasting and catch - up services . retransmission services operators , which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast , unaltered and unabridged , use various techniques of retransmission such as cable , satellite , digital terrestrial , closed circuit ip - based or mobile networks as well as the open internet . the distribution of and access to television and radio programmes is therefore increasingly done on a multi - platform and technology - neutral basis . on the part of users , there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment , therefore not only originating in their member state but also in other member states of the union , including from members of linguistic minorities of the union as well as from persons who live in another member state than their member state of origin .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and via an internet access service provided in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite and online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation only if they cannot ensure a controlled environment and their services do not have a definable number of users .


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


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


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , irrespective of the retransmission technology or network used providing that the retransmission takes place in a controlled environment , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


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


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . in order to adapt to the development of digital technologies and to the changing user behaviour , this mechanism should include the retransmission , in an unaltered manner , via the internet by over the top service providers . retransmission services which are offered on the open internet should be excluded from the scope of this regulation if they cannot to ensure a controlled environment , including ip based , which is given if the user group is definable by a closed user group .


### “retransmission” means any simultaneous , unaltered and unabridged retransmission , other than cable retransmission as defined in directive 93 / 83 / eec and other than retransmission provided over an internet access service as defined in regulation 2015 / 2120 of the european parliament and of the council19 , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite but excluding online transmission , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made . _________________ 19 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union , oj l 310 , 26 . 11 . 2015 , p . 1 . ### “retransmission” means any unaltered retransmission , other than cable retransmission as defined in directive 93 / 83 / eec , intended for reception by the public of an initial transmission from another member state , by wire or over the air , including that by satellite , of television or radio programmes intended for the reception by the public , provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made .


### through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law . ### through the principle of contractual freedom and in order to support existing licensing models , such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production , optimal distribution and the promotion of cultural diversity it shall be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this regulation , especially as far as certain technical means of transmission , such as geo - blocking and geo - filtering , or certain language versions are concerned , provided that any such limitations of the exploitation of those rights are in compliance with union law .


### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 . ### the rights in works and other protected subject matter are harmonised , among others , through directive 2001 / 29 / ec of the european parliament and of the council15 and directive 2006 / 115 / ec of the european parliament and of the council . 16 the principal objective of these instruments is to establish a high level of protection for rightholders . _________________ 15 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society oj l 167 , 22 . 6 . 2001 , p . 10–19 . 16 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property oj l 376 , 27 . 12 . 2006 , p . 28–35 .


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


### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short timeframe . ### manufacturers respond to the energy label by creating ever more efficient products . this technological development leads to products populating mainly the highest classes of the energy label . further product differentiation may be necessary to allow customers a proper comparison , leading to the need to rescale labels . for the frequency of such rescaling a timescale of approximately ten years would be appropriate , taking into account the need to avoid over burdening manufacturers and dealers . this regulation should therefore lay down detailed arrangements for rescaling in order to maximise legal certainty for suppliers and dealers . a newly rescaled label should have empty top classes to encourage technological progress and enable ever more efficient products to be developed and recognised . when a label is rescaled , confusion to customers should be avoided by replacing all energy labels within a short and feasible timeframe .


### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the council21 apply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively . such cooperation on energy labelling should be reinforced through support by the commission . __________________ 21 oj l 218 , 13 . 8 . 2008 , p . 30 . ### in order to ensure legal certainty , it is necessary to clarify that rules on union market surveillance and control of products entering the union market provided for in regulation no 765 / 2008 of the european parliament and of the council21 apply to energy - related products . given the principle of free movement of goods , it is imperative that the market surveillance authorities of the member states cooperate with each other effectively . such cooperation on energy labelling should be reinforced and incentivized through support by the commission . __________________ 21 oj l 218 , 13 . 8 . 2008 , p . 30 .


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products covered by this regulation which are placed on the market and put into service as individual parts for end - users and of which the environmental performance can be assessed independently ;


### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation . ### energy consumption and other information concerning the products covered by product - specific requirements under this regulation should be measured by using reliable , accurate and reproducible methods that take into account the generally recognised state - of - the - art measurements and calculation methods . these methods should simulate real - life use as close as possible . it is in the interests of the functioning of the internal market to have standards which have been harmonised at union level . in the absence of published standards at the time of application of product - specific requirements the commission should publish in the official journal of the european union transitional measurement and calculation methods in relation to those product - specific requirements . once a reference to such a standard has been published in the official journal of the european union compliance with it should provide a presumption of conformity with measurement methods for those product - specific requirements adopted on the basis of this regulation .


### the commission shall establish and maintain a product database including the information referred to in annex i . the information listed under point 1 of annex i shall be made publicly available . ### the commission shall establish and maintain a publicly accessible product database . this database shall contain the information listed under point 1 of annex i .


### ‘ energy - related product’ means any good or system or service with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ; ### ‘ energy - related product’ means any good with an impact on energy consumption during use , which is placed on the market and put into service in the union , including parts to be incorporated into energy - related products which are placed on the market and put into service ;


### where the supplier does not take adequate corrective action within the period referred to in the paragraph 2 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy - related product ' s being made available on their national market , to withdraw the energy - related product from that market or to recall it . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures . ### where the supplier does not take adequate corrective action within the period referred to in the paragraph 2 , the market surveillance authorities shall take all appropriate provisional measures to prohibit or restrict the energy - related product ' s being made available on their national market , to withdraw the energy - related product from that market or to recall it . the market surveillance authorities shall inform the commission and the other member states , without delay , of those measures , and shall upload the information in the product database .