### 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 . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata in accordance with regulation 2016 / 679 . 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 comply with regulation 2016 / 679 when processing 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 colours 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 . 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 metadata 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 further 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 further process electronic communications metadata , which should include data on the location of the device . as an exception from obtaining end - users’ consent , the processing of electronic communications metadata for purposes other than those for which the personal data were initially collected should be allowed in cases where the further processing is compatible in accordance with article 6 of regulation 2016 / 679 . 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 . therefore , whenever the purpose of further processing of data cannot be achieved by processing data that is made anonymous , pseudonymisation of data should be allowed . 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 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 safeguards against abuse pursuant to regulation 2016 / 679 . 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 . where an electronic communication service that is based on new technologies is likely to result in a high risk to the rights and freedoms of natural persons after taking into account the nature , scope , context and purposes of the service 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 obligation 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 pursuant to regulation 2016 / 679 . after electronic communications content has been sent by the sender and received by the intended recipient , it may be recorded or stored by the sender , the recipient or by a third party entrusted by them to record or store such data . for communications , which do not happen in real time , such as email and messaging , the transmission is completed as soon as the communication is delivered to the trusted service provider or collected by the addressee . any processing of such data must comply with regulation 2016 / 679 .


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to store information in terminal equipment or to access information stored in terminal equipment should be limited to situations that comply with all obligations pursuant to regulation 2016 / 679 . for instance , the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a service requested by the consumer . this may include the storing of cookies for the duration of a single established session on a website to keep track of the consumer ' s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . similarly , providers of terminal equipment and the software needed to operate such equipment regularly need access to configuration and other device information and the processing and storage capabilities to maintain the equipment , prevent security vulnerabilities or their exploitation and correct problems related to the equipment ' s operation . information society providers and electronic communications service providers that engage in configuration checking to provide the service in compliance with the consumer ' s settings and the mere logging of the fact that the consumer ' s device is unable to receive content requested by the consumer should not constitute access to such a device or use of the device processing capabilities .


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . consent should also not be necessary if the information processed or stored is necessary to protect privacy , security or safety of the end - user , or to protect confidentiality , integrity , availability and authenticity of the terminal equipment . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . as an exemption from obtaining end - user´s consent , the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards , especially pseudonymisation as set forth in point of article 6 of regulation 2016 / 679


### 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 a 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 . providers of software enabling electronic communication , including the retrieval and presentation of information on the internet , should have an obligation to pre - set the software in such a way as to offer end - users the highest level of protection of their privacy and , in particular , prevent third parties from storing information on the terminal equipment ; end - users may be offered a set of privacy setting options , ranging from intermediate to lower protection . such privacy settings should come with a warning about the risks associated with lowering the level of protection and be presented in a 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’ . 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 a 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 . therefore providers of software enabling publicly available electronic communications services and permitting 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 . consumers should be offered a set of privacy setting options . 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’ . 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 a 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 ' . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to inform the end - user about the possibility to express his or her consent using appropriate technical settings . the end - user should be offered multiple options to choose from , including to prevent third parties from storing information on the terminal equipment . end - users should be offered a set of privacy setting options , ranging from , for example , rejecting tracking that is not necessary for the functionality of the website or other software to , for example , accepting tracking necessary for the functionality of the website or other software as well as for other purposes or , for example , accepting tracking necessary for the functionality of the website or other software and tracking for other purposes by parties that demonstrate the compliance with the eu data protection and privacy legislation , for instance in line with article 40 and 42 of regulation 2016 / 679 . such privacy settings should be presented in an easily visible and intelligible manner .


### 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 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 . the consent should be collected by the electronic communications service provider at the moment of signing the contract for such service .


### safeguards should be provided to protect end - users against unsolicited communications for direct marketing purposes , which intrude into the private life of end - users . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the end - user is obtained before commercial electronic communications for direct marketing purposes are sent to end - users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 . ### safeguards should be provided to protect consumers against unsolicited communications for direct marketing purposes , which intrude into the private life of consumers . the degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications , whether using automated calling and communication systems , instant messaging applications , emails , sms , mms , bluetooth , etc . it is therefore justified to require that consent of the consumers is obtained before commercial electronic communications for direct marketing purposes are sent to consumers in order to effectively protect individuals against the intrusion into their private life . legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future - proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications , while at the same time guaranteeing an equivalent level of protection for all citizens throughout the union . however , it is reasonable to allow the use of e - mail contact details within the context of an existing customer relationship for the offering of similar products or services . such possibility should only apply to the same company that has obtained the electronic contact details in accordance with regulation 2016 / 679 .


### 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 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 . to ensure compliance with the requirements of articles 32 and 42 of regulation 2016 / 679 the commission may , following consultation with the european union agency for network and information security and the european data protection board , adopt implementing acts related to convergent application of security standards protecting the confidentiality , integrity , availability and resilience of systems and services .


### in order to strengthen the enforcement of the rules of this regulation , each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this regulation , in addition to , or instead of any other appropriate measures pursuant to this regulation . this regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines , which should be determined by the competent supervisory authority in each individual case , taking into account all relevant circumstances of the specific situation , with due regard in particular to the nature , gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this regulation and to prevent or mitigate the consequences of the infringement . for the purpose of setting a fine under this regulation , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 of the treaty . ### in order to strengthen the enforcement of the rules of this regulation , each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this regulation , in addition to , or instead of any other appropriate measures pursuant to this regulation . this regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines , which should be determined by the competent supervisory authority in each individual case , taking into account all relevant circumstances of the specific situation , with due regard in particular to the nature , gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this regulation and to prevent or mitigate the consequences of the infringement . the fines imposed should not lead to irreversible consequences to the undertaking in case insignificant infringement . for the purpose of setting a fine under this regulation , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 of the treaty .


### in order to strengthen the enforcement of the rules of this regulation , each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this regulation , in addition to , or instead of any other appropriate measures pursuant to this regulation . this regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines , which should be determined by the competent supervisory authority in each individual case , taking into account all relevant circumstances of the specific situation , with due regard in particular to the nature , gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this regulation and to prevent or mitigate the consequences of the infringement . for the purpose of setting a fine under this regulation , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 of the treaty . ### in order to strengthen the enforcement of the rules of this regulation , each supervisory authority should have the power to impose penalties including administrative fines for any infringement of this regulation , in addition to , or instead of any other appropriate measures pursuant to this regulation . this regulation should indicate infringements and the upper limit and criteria for setting the related administrative fines , which should be determined by the competent supervisory authority in each individual case , taking into account all relevant circumstances of the specific situation , with due regard in particular to the nature , gravity and duration of the infringement and of its consequences and the measures taken to ensure compliance with the obligations under this regulation and to prevent or mitigate the consequences of the infringement . for the purpose of setting a fine under this regulation , an undertaking should be understood to be an undertaking in accordance with articles 101 and 102 of the treaty . double penalties resulting from the infringement of both this regulation and regulation 2016 / 679 should be avoided .


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications data shall be confidential . any interference with electronic communications data during conveyance , such as by unauthorised listening , tapping , storing , or other kinds of interception , or surveillance of electronic communications data , by persons other than the sender or intended recipients , shall be prohibited , except when permitted by union or national legislation . the processing of electronic communications data following conveyance to the intended recipients or their service provider shall be subject to regulation 2016 / 679 .


### providers of electronic communications networks and services may process electronic communications data if : ### providers of public electronic communications networks and publicly available electronic communications services may process electronic communications data if :


### it is necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose . ### it is necessary to maintain or restore the security of electronic communications networks and services and users of these networks and services , or detect technical faults and / or errors in the transmission of electronic communications , or to stop fraudulent or abusive use of the service ;


### it is necessary for providing an information society service requested by the end - user ; or ### it is necessary for providing a service requested by the end - user ; or


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in article 23 to of regulation 2016 / 679 or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard national security , defence , public security , and the prevention , investigation , detection and prosecution of criminal offences . .


### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in article 23 to of regulation 2016 / 679 or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . ### union or member state law may restrict by way of a legislative measure the scope of the obligations and rights provided for in articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary , appropriate and proportionate measure in a democratic society .


### where presentation of the calling and connected line identification is offered in accordance with article [ 107 ] of the [ directive establishing the european electronic communication code ] , the providers of publicly available number - based interpersonal communications services shall provide the following : ### where presentation of the calling and connected line identification is offered in accordance with article [ 107 ] of the [ directive establishing the european electronic communication code ] , the providers of publicly available number - based interpersonal communications services shall provide the following , subject to technical feasibility and economic viability :


### 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 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 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 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 electronic mail or phone number 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 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 .


### without prejudice to paragraphs 1 and 2 , natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall : ### without prejudice to paragraphs 1 and 2 , natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall present the identity of a line on which they can be contacted and may present a specific code / or prefix identifying the fact that the call is a marketing call .


### the supervisory authority or authorities referred to in paragraph 1 shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [ directive establishing the european electronic communications code ] . ### each supervisory authority shall contribute to the consistent implementation of this regulation throughout the union . the supervisory authority or authorities referred to in paragraph 1 shall cooperate whenever appropriate with national regulatory authorities established pursuant to the [ directive establishing the european electronic communications code ] and the national authorities responsible for monitoring the implementation of consumer protection legislation .


### directive 2002 / 58 / ec is repealed with effect from 25 may 2018 . ### directive 2002 / 58 / ec is repealed with effect from [ xxx ] .


### the implementation of this regulation should be guided by the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including preserving peace , preventing conflicts , strengthening international security , fighting root causes of irregular migration and assisting populations , countries and regions confronting natural or man - made disasters , supporting trade policy , economic diplomacy and economic cooperation , promoting digital solutions and technologies , and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social and environmental standards , for the rule of law , for international law and for human rights . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 . ### the application of this regulation should be based on the five priorities established in the global strategy for the european union’s foreign and security policy 59 , presented on 19 june 2016 , which represents the union ' s vision and the framework for united and responsible external engagement in partnership with others , to advance its values and interests . the union should enhance partnerships , promote policy dialogue and collective responses to challenges of global concern . its action should support the union’s interests and values in all its aspects , including promoting democracy and human rights , preserving peace , conflict prevention , mediation and post - conflict reconstruction including women at all stages , strengthening international security , addressing root causes of irregular migration and forced displacement and assisting populations , countries and regions confronting natural or man - made disasters , bringing about the conditions to create an international legal framework for the protection of persons displaced due to climate change , supporting trade policy as a tool for development and to bring improvements to the rule of law and human rights , economic diplomacy and economic cooperation , promoting digital solutions and technologies , addressing global public health threats and fostering the international dimension of union’s policies . in promoting its interests , the union should comply with , and promote , the principles of respect for high social , labour and environmental standards including with regard to climate change , for the rule of law , for international law , including in respect of humanitarian and international human rights law . __________________ 59 ' shared vision , common action : a stronger europe . a global strategy for the european union ' s foreign and security policy ' , june 2016 .


### the new european consensus on development 60 , signed on 7 june 2017 , provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda . eradicating poverty , tackling discrimination and inequalities , leaving no one behind and strengthening resilience are at the heart of development cooperation policy . __________________ 60 ' the new european consensus on development ' our world , our dignity , our future ' ' , joint statement by the council and the representatives of the governments of the member states meeting within the council , the european parliament and the european commission , 8 june 2017 . ### the application of this regulation should also be based on the european consensus on development 60 , signed on 7 june 2017 , which provides the framework for a common approach to development cooperation by the union and its member states to implement the 2030 agenda and the addis ababa action agenda . eradicating poverty , tackling discrimination and inequalities , leaving no one behind and strengthening resilience are at the heart of development cooperation policy . __________________ 60 ' the new european consensus on development ' our world , our dignity , our future ' ' , joint statement by the council and the representatives of the governments of the member states meeting within the council , the european parliament and the european commission , 8 june 2017 .


### this regulation should support the implementation of the european neighbourhood policy , as reviewed in 2015 , and the implementation of regional cooperation frameworks , such as cross - border cooperation and the external aspects of relevant macro - regional and sea basin strategies and policies . those initiatives offer political frameworks for deepening relations with and among partner countries , based on the principles of mutual accountability , shared ownership and responsibility . ### the special relationship developed with the union’s neighbouring countries , in accordance with article 8 teu , should be preserved and enhanced through the application of this regulation . this regulation should contribute to reinforcing states’ and societies’ resilience in the unions’s neighbourhood , following the engagement taken in the global strategy . it should support the implementation of the european neighbourhood policy , as reviewed in 2015 , and the implementation of regional cooperation frameworks , such as cross - border cooperation and the external aspects of relevant macro - regional and sea basin strategies and policies in the eastern and southern neighbourhood . those initiatives offer political frameworks for deepening relations with and among partner countries , based on the principles of mutual accountability , shared ownership and responsibility and following a performance - based approach . in the case of a serious or persistent degradation of democracy in one of the partner countries , support should be suspended .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . __________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 . ### the european neighbourhood policy62 aims at the deepening of democracy , promotion of human rights and upholding of the rule of law ; the stabilisation of neighbouring countries ; and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . neighbourhood funding is a key lever in addressing common challenges , such as irregular migration , as well as in spreading prosperity , security and stability through economic development and better governance . the visibility of union assistance in the neighbourhood area should be enhanced . __________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 .


### the european neighbourhood policy , as reviewed in 201562 , aims at the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union ' s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; economic development ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 . ### the european neighbourhood policy62 aims at deepening democracy , promoting human rights , respect for the rule of law , the stabilisation of neighbouring countries and strengthening resilience , particularly by boosting economic development , as the union’s main political priorities . in order to attain its objective , the reviewed european neighbourhood policy has been focusing on four priority areas : good governance , democracy , the rule of law and human rights , with a particular focus in engaging further with civil society ; socio - economic development ; the fight against youth unemployment , particularly among women and young graduates ; security ; migration and mobility , including tackling the root causes of irregular migration and forced displacement . differentiation and enhanced mutual ownership are the hallmark of the european neighbourhood policy , recognising different levels of engagement , and reflecting the interests of each country concerning the nature and focus of its partnership with the union . neighbourhood funding is a key lever in addressing common challenges , such as irregular migration and the fight against global warming , as well as in spreading prosperity , security and stability through economic development and better governance . the visibility of union assistance in the neighbourhood area should be enhanced . under the neighbourhood policy , the eu has engaged with several neighbourhood partner countries in the negotiation and conclusion of ambitious deep and comprehensive free trade agreements . these agreements have the purpose not only of improving access to the market and creating a favourable climate for investment but also of helping to achieve the general aims of the neighbourhood policy , such as sustainable and inclusive economic and social development which will benefit everybody . civil society in each of the partner countries and in the union , national parliaments and the european parliament must be involved in the negotiation processes and in monitoring the implementation of those agreements . this regulation should therefore support the negotiation of those agreements and the correct implementation of the agreements reached . _________________ 62 joint communication to the european parliament , the council , the european economic and social committee and the committee of the regions , ' review of the european neighbourhood policy ' , 18 november 2015 .


### in line with the consensus , the union and its member states should enhance joint programming to increase their collective impact by bringing together their resources and capacities . joint programming should build on the partner countries’ engagement , appropriation and ownership . the union and its member states should seek to support partner countries through joint implementation , whenever appropriate . ### in line with the consensus , the union and its member states should enhance joint programming to increase their collective impact by bringing together their resources and capacities . joint programming should build on the partner countries’ engagement , appropriation and ownership . the union and its member states should seek to support partner countries through joint application , whenever appropriate . joint application should be inclusive and open to all union partners who agree and can contribute to a common vision , including member states’ agencies and their development financial institutions , local authorities , the private sector , civil society and academia .


### whilst democracy and human rights , including gender equality and women ' s empowerment should be reflected throughout the implementation of this regulation , union assistance under the thematic programmes for human rights and democracy and civil society organisations should have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of the governments and public authorities of the third countries concerned . ### whilst democracy , human rights and fundamental freedoms , as well as gender equality and women ' s empowerment and the inclusion of people with disabilities should be consistently reflected and mainstreamed throughout the application of this regulation , union assistance under the thematic programmes for human rights and democracy and civil society organisations should have a specific complementary and additional role by virtue of its global nature and its independence of action from the consent of the governments and public authorities of the third countries concerned . in doing so , the union should pay particular attention to countries and urgency situations where human rights and fundamental freedoms are most at risk and where disrespect for those rights and freedoms is particularly pronounced and systematic . the union’s assistance under this regulation should be designed in such a way as to allow for support to , and cooperation and partnership with civil society on sensitive and human rights democracy issues , providing the flexibility and requisite reactivity to respond to changing circumstances , needs of beneficiaries , or periods of crisis . in such cases , the political priorities should be to promote respect for international law and to provide means of action to local civil society and other relevant human rights stakeholders in order to contribute to work that is carried out in very difficult circumstances .


### the new european fund for sustainable development plus , building on its successful predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain a natural partner for the commission for the implementation of operations under the external action guarantee . __________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund . ### the new european fund for sustainable development plus , building on its predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain a natural partner for the commission for the application of operations under the external action guarantee . other multilateral development banks or eu national development banks also have skills and capital which can add significant value to eu development impact and their participation under the efsd + should therefore also be strongly promoted through this regulation . __________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund .


### the new european fund for sustainable development plus , building on its successful predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain a natural partner for the commission for the implementation of operations under the external action guarantee . _________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund . ### the new european fund for sustainable development plus , building on its successful predecessor , the efsd70 , should constitute an integrated financial package supplying financing capacity in the form of grants , budgetary guarantees and financial instruments worldwide . the efsd + should support the external investment plan and combine blending and budgetary guarantee operations covered by the external action guarantee , including those covering sovereign risks associated with lending operations , previously carried out under the external lending mandate to the european investment bank . given its role under the treaties and its experience over the last decades in supporting union policies , the european investment bank should remain the natural partner for the commission for the implementation of operations under the external action guarantee and will continue to be ensured a role in eu external financing via a renewed external lending mandate plus . _________________ 70 regulation 2017 / 1601 of the european parliament and of the council of 26 september 2017 establishing the european fund for sustainable development , the efsd guarantee and the efsd guarantee fund .


### the efsd + should maximise additionality of funding , address market failures and sub - optimal investment situations , deliver innovative products and ‘ crowd - in’ private sector funds . involvement of the private sector in the union’s cooperation with partner countries through the efsd + should yield measurable and additional development impact without distorting the market and should be cost - effective based on mutual accountability and risk and cost sharing . the efsd + should operate as a ‘ one - stop - shop’ , receiving financing proposals from financial institutions and public or private investors and delivering a wide range of financial support to eligible investments . ### the efsd + should maximise additionality of funding , address market failures and sub - optimal investment situations , deliver innovative products and ‘ crowd - in’ private sector funds to optimise the contribution of private finance to local sustainable development . involvement of the private sector in the union’s cooperation with partner countries through the efsd + should yield measurable and additional development impact in full respect of the environment and local communities’ rights and livelihoods and without distorting the local market and unfairly competing with local economic actors . it should be cost - effective based on mutual accountability and risk and cost sharing . the efsd + , while based on adequate accountability and transparency criteria , should operate as a ‘ one - stop - shop’ , receiving financing proposals from financial institutions and public or private investors and delivering a wide range of financial support to eligible investments .


### an external action guarantee should be established building on the existing efsd guarantee and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on job creation and whose cost - benefit ratio enhances the sustainability of investment . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects , as appropriate and in line with the better regulation requirements . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . __________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations . ### an external action guarantee should be established building on the existing efsd guarantee and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on job and livelihoods creation and whose cost - benefit ratio enhances the sustainability of investment and which provide the highest guarantees of sustainability and long - term development impact throughout local ownership . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects , including the impact on human rights and livelihoods of affected communities and the impact on inequalities and the identification of ways to address those inequalities in line with the better regulation requirements and taking due account of the principle of free and prior informed consent of affected communities in land - related investments . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . ex - post impact assessments should also happen to measure the development impact of the efsd + operations . __________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations .


### an external action guarantee should be established building on the existing efsd guarantee and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on job creation and whose cost - benefit ratio enhances the sustainability of investment . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects , as appropriate and in line with the better regulation requirements . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . __________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations . ### an external action guarantee should be established building on the existing efsd guarantee , the external lending mandate and the guarantee fund for external actions . the external action guarantee should support the efsd + operations covered by budgetary guarantees , macro - financial assistance and loans to third countries on the basis of council decision 77 / 270 / euratom71 . these operations should be supported by appropriations under this regulation , together with those under regulation no … / … and regulation no … / … , which should also cover the provisioning and liabilities arising from macro - financial assistance loans and loans to third countries referred to in article 10 of regulation eins , respectively . when funding efsd + operations , priority should be given to those which have a high impact on job creation and whose cost - benefit ratio enhances the sustainability of investment . the operations supported with the external action guarantee should be accompanied by an in - depth ex ante assessment of environmental , financial and social aspects and in line with the better regulation requirements . the external action guarantee should not be used to provide essential public services , which remains a government responsibility . __________________ 71 council decision 77 / 270 / euratom of 29 march 1977 empowering the commission to issue euratom loans for the purpose of contributing to the financing of nuclear power stations .


### in order to provide for flexibility , increase the attractiveness for the private sector and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the union budget , as laid down in the financial regulation , should be provided as regards the eligible counterparts . those eligible counterparts could also be bodies which are not entrusted with the implementation of a public - private partnership and could also be bodies governed by the private law of a partner country . ### in order to provide for flexibility , increase the attractiveness for the private sector , promote fair competition and maximise the impact of the investments a derogation from the rules related to the methods of implementation of the union budget , as laid down in the financial regulation , should be provided as regards the eligible counterparts . those eligible counterparts could also be bodies which are not entrusted with the implementation of a public - private partnership and could also be bodies governed by the private law of a partner country .


### external actions are often implemented in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of union partners and to global challenges to human rights , democracy and good governance , security and stability , climate change and environment , oceans , and the migration crisis and its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial implementation of the programmes . to increase the ability of the eu to respond to unforeseen needs , building on the successful experience of the european development fund , an amount should be left unallocated as an emerging challenges and priorities cushion . it should be mobilised in accordance with the procedures established in this regulation . ### external actions are able to be applied in a highly volatile environment requiring continuous and rapid adaptation to the evolving needs of union partners and to global challenges to human rights and fundamental freedoms , democracy and good governance , security and stability , climate change and environment , oceans , and migration , including its root causes . reconciling the principle of predictability with the need to react rapidly to new needs consequently means adapting the financial application of the programmes . to increase the ability of the eu to respond to needs not covered by programmes and programming documents , building on the successful experience of the european development fund , an amount should be left unallocated as an emerging challenges and priorities cushion . it should be mobilised in duly justified cases in accordance with the procedures established in this regulation .


### in order to supplement or amend non - essential elements of this regulation , 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 provisioning rates laid down in article 26 , the areas of cooperation and intervention listed in annexes ii , iii and iv , the priority areas of the efsd + operations listed in annex v , the governance of the efsd + in annex vi , to review or complement the indicators in annex vii where considered necessary and to supplement this regulation with provisions on the establishment of a monitoring and evaluation framework . ### in order to supplement non - essential elements of this regulation , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of setting out the union’s strategy , the priority areas , detailed objectives , the expected results , specific performance indicators and the specific financial allocation and cooperation modalities for each geographic and thematic programme , as well as for action plans and measures not based on programming documents establishing a human rights operational framework , establishing a risk management framework , deciding on the needs not covered by programmes or programming documents , deciding on the suspension of assistance , establishing the performance - based approach framework , establishing the provisioning rates , establishing a monitoring and evaluation framework and extending the scope of actions to countries and territories not covered by this regulation . in order to amend non - essential elements of this regulation , the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect to the areas of cooperation and intervention listed in annexes ii , iii and iv , the priority areas of the efsd + operations and the investment windows listed in annex v , as well asthe indicators listed in annex vii .


### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements , where appropriate , can include measurable indicators , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional 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 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 . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 . ### pursuant to paragraph 22 and 23 of the inter - institutional agreement for better law - making of 13 april 201678 , there is a need to evaluate this programme on the basis of information collected through specific monitoring requirements , while avoiding overregulation and administrative burdens , in particular on member states . these requirements should , where appropriate , include measurable indicators , such as gender disaggregated data , as a basis for evaluating the effects of the programme on the ground . it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional 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 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 . __________________ 78 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 ; oj l 123 , 12 . 5 . 2016 , p . 1–14 .


### “contributor” shall mean a member state , an international finance institution , or a public institution of a member state , a public agency or other entities contributing in cash or in guarantees to the common provisioning fund . ### “contributor” shall mean a member state , an international finance institution , or a public institution of a member state , a public agency or other public or private entities contributing in cash or in guarantees to the common provisioning fund .


### to respond rapidly to : situations of crisis , instability and conflict ; resilience challenges and linking of humanitarian aid and development action ; and foreign policy needs and priorities . ### to respond rapidly to : situations of crisis , either natural or man - made , instability , human rights violations and conflict ; resilience challenges and linking of humanitarian aid and development action ;


### thematic programmes may cover all third countries as well as overseas countries and territories as defined in council decision … / … . ### thematic programmes may cover all third countries . overseas countries and territories shall have full access to thematic programmes , as laid down in council decision … / … . their effective participation must be ensured , with account taken of their specific characteristics and the particular challenges they must address .


### contribute to strengthening resilience of states , societies , communities and individuals and to linking humanitarian aid and development action ; ### contribute to strengthening the resilience of states , regions , municipalities , towns and villages , societies , communities and individuals and to linking humanitarian aid and development action ;


### in implementing this regulation , consistency , synergies and complementarity with other areas of union external action , with other relevant union policies and programmes , as well as policy coherence for development shall be ensured . ### in applying this regulation , consistency , synergies and complementarity with other areas of union external action , in particular measures adopted under chapter two of title v teu and part five tfeu , with other relevant union policies and programmes , as well as policy coherence for development shall be ensured . the union shall take account of the objectives of development cooperation in the policies that it applies which are likely to affect developing countries .


### the financial envelope for the implementation of this regulation for the period 2021 &#8211 ; 2027 shall be eur 89 200 million in current prices . ### the financial envelope for the application of this regulation for the period 2021 &#8211 ; 2027 shall be eur 93 154 million in current prices [ 100% ] .


### the association agreements , partnership and cooperation agreements , multilateral agreements , and other agreements that establish a legally binding relationship with partner countries , as well as , european council conclusions and council conclusions , summit declarations or conclusions of high - level meetings with partner countries , relevant european parliament resolutions , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . ### the association agreements , partnership and cooperation agreements and other agreements that establish a legally binding relationship with partner countries , recommendations and acts adopted in the bodies set up by those agreements , as well as relevant multilateral ageements , european council conclusions , council conclusions , summit declarations and other international declarations and conclusions of high - level meetings with partner countries , european parliament resolutions and positions , communications of the commission and the high representative of the union for foreign affairs and security policy and united nations resolutions shall constitute the overall policy framework for the application of this regulation .


### the association agreements , partnership and cooperation agreements , multilateral agreements , and other agreements that establish a legally binding relationship with partner countries , as well as , european council conclusions and council conclusions , summit declarations or conclusions of high - level meetings with partner countries , relevant european parliament resolutions , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation . ### the association agreements , partnership and cooperation agreements , multilateral agreements , and other existing or future agreements that establish a legally binding relationship with partner countries , as well as , european council conclusions and council conclusions , summit declarations or conclusions of high - level meetings with partner countries , relevant european parliament resolutions , communications of the commission or joint communications of the commission and the high representative of the union for foreign affairs and security policy , shall constitute the overall policy framework for the implementation of this regulation .


### the union shall foster cooperation with international organisations and other donors . ### the union shall foster cooperation with international or regional organisations and initiatives , as well as other donors .


### in relations with partner countries , their track record in implementing commitments , international agreements , and contractual relations with the union shall be taken into account . ### in relations with partner countries , their track record in implementing commitments , in particular the paris agreement , international agreements and contractual relations with the union , including association agreements , partnership and cooperation agreements and trade agreements , shall be taken into account .


### cooperation between the union and the member states , on the one hand , and partner countries , on the other hand , shall be based on and shall promote the development effectiveness principles , where applicable , namely : ownership of development priorities by partner countries , a focus on results , inclusive development partnerships , transparency and mutual accountability . the union shall promote effective and efficient resource mobilisation and use . ### cooperation between the union and the member states , on the one hand , and partner countries , on the other hand , shall be based on and shall promote the development effectiveness principles , namely : ownership of development priorities by partner countries , a focus on results , inclusive development partnerships , transparency , mutual accountability and gender equality . the union shall promote effective and efficient resource mobilisation and use .


### in line with the principle of inclusive partnership , where appropriate , the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations and local authorities , are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design , implementation and associated monitoring processes of programmes . ### in line with the principle of inclusive partnership the commission shall ensure that relevant stakeholders of partner countries , including civil society organisations and local authorities , are duly consulted and have timely access to relevant information allowing them to play a meaningful role during the design , application and associated monitoring processes of programmes .


### in line with the principle of ownership the commission , where appropriate , shall favour the use of partner countries ' systems for the implementation of programmes . ### in line with the principle of ownership the commission , where appropriate , shall favour the use of partner countries ' systems for the application of programmes .


### programmes and actions under this regulation shall mainstream climate change , environmental protection and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind . ### programmes and actions under this regulation shall horizontally mainstream climate change , environmental protection , human development , and gender equality and shall address interlinkages between sustainable development goals , to promote integrated actions that can create co - benefits and meet multiple objectives in a coherent way . programmes and actions must therefore comply with the objectives of 50 % co - benefits for climate and environment under the rio markers defined by the oecd , of 20 % for human development and 85 % for the gender dimension under markers 1 and 2 defined by the oecd in terms of gender equality . these programmes and actions shall be based on an analysis of risks and vulnerabilities , integrate a resilience approach and be conflict sensitive . they shall be guided by the principle of leaving no one behind .


### when designing and implementing measures pursuant to this article , the commission shall promote ownership by the partner country . it shall also develop the necessary elements and the good practices required to ensure sustainability in the medium and long term and shall promote the rule of law and established international law principles . ### when designing and applying measures pursuant to this article , the commission shall promote ownership by the partner country . it shall also develop the necessary elements and the good practices required to ensure sustainability in the medium and long term and shall promote the rule of law and established international law principles .


### implementation of this regulation ### application of this regulation


### programming documents shall provide a coherent framework for cooperation between the union and partner countries or regions , consistent with the overall purpose and scope , objectives and principles set out in this regulation ; ### programming documents shall provide a coherent framework for cooperation between the union and partner countries or regions , consistent with the overall purpose and scope , objectives and principles set out in this regulation , and based on union strategy towards a partner country or region or based on union thematic strategies ;


### the human rights and democracy and civil society thematic programmes referred to in article 4 and shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned . these thematic programmes shall mainly support civil society organisations . ### the human rights , fundamental freedoms and democracy and civil society thematic programmes referred to in article 4 and shall provide assistance independently of the consent of governments and other public authorities of the third countries concerned . these thematic programmes shall mainly support civil society .


### programming principles for geographic programmes ### programming principles


### without prejudice to paragraph 4 , actions shall be based , to the extent possible , on a dialogue between the union , the member states and the partner countries concerned , including national and local authorities , involving civil society , national and local parliaments and other stakeholders , in order to enhance ownership of the process and to encourage support for national and regional strategies ; ### without prejudice to paragraph 4 , actions shall be based on an inclusive dialogue between the institutions of the union , the member states , and the partner countries concerned , including national and local authorities , involving civil society organisations , regional , national and local parliaments and other stakeholders in order to enhance democratic ownership of the process and to encourage support for national and regional strategies ;


### where appropriate , the programming period shall be synchronised with the strategy cycles of partner countries ; ### whenever possible , the programming period shall be synchronised with the strategy cycles of partner countries ;


### the partners’ capacities to generate and access financial resources and on their absorption capacities ; ### the partners’ capacities of mobilisation and effective use of domestic resources to support national development priorities and on their absorption capacities ;


### programming documents for geographic programmes shall be results - based and shall take into account , where appropriate , internationally agreed targets and indicators , in particular those set out for the sustainable development goals , as well as country - level result frameworks , to assess and communicate the union contribution to results , at the level of outputs , outcomes and impact . ### programming documents shall be results - oriented and include clear targets and indicators to measure progress and impact of union assistance . indicators may be based , where appropriate , on internationally agreed standards in particular those set out for the sustainable development goals , as well as country - level result frameworks .


### this regulation shall contribute to actions established under regulation no . … / … . a single programming document shall be drawn up from this regulation for seven years , including funds from regulation no … / … . regulation no . … / … shall apply to the use of these funds . ### this regulation shall contribute from the programmes established under article 4 of this regulation to actions established under regulation no . … / … . a single programming document shall be drawn up from this regulation for seven years , including funds from regulation no … / … . regulation no . … / … shall apply to the use of these funds , while ensuring conformity with regulation no … / … . .


### this regulation shall contribute to actions established under regulation no . … / … . a single programming document shall be drawn up from this regulation for seven years , including funds from regulation no … / … . regulation no . … / … shall apply to the use of these funds . ### this regulation shall contribute to actions established under regulation no . … / … . an indicative minimum amount of eur 2 000 000 000 000 from the geographical programmes should be allocated to actions dedicated to mobility , cooperation and political dialogue with the authorities , institutions and organisations of the partner countries a single programming document shall be drawn up from this regulation for seven years , including funds from regulation no … / … . regulation no . … / … shall apply to the use of these funds .


### a framework document laying down the union policy towards the concerned partner or partners , including a joint document between the union and member states ; ### a document laying down the union policy towards the concerned partner or partners , including a joint document between the union and member states ;


### to increase the impact of collective cooperation of the union , where possible , a joint programming document shall replace the union’s and member states programming documents . a joint programming document may replace the union’s multiannual indicative programme , provided it complies with articles 10 and 11 , contains the elements listed in paragraph 2 of this article and sets out the division of labour between the union and member states . ### to increase the impact of collective cooperation of the union , where possible , a joint programming document shall replace the union’s and member states programming documents . a joint programming document may replace the union’s multiannual programme , provided it is approved in an act adopted in accordance with article 14 and complies with articles 10 and 11 , contains the elements listed in paragraph 2 of this article and sets out the division of labour between the union and member states .


### adoption and amendment of multiannual indicative programmes ### adoption and amendment of multiannual programmes


### to ensure an appropriate response of the union in the event of unforeseen circumstances ; ### to ensure an appropriate response of the union in the event of unforeseen needs not covered by programmes and programming documents ;


### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders linked to crisis and post - crisis situations or migratory pressure ; ### to address new needs or emerging challenges , such as those at the union’s or its neighbours’ borders or those in third countries linked to crisis , either natural or man - made , and post - crisis situations or to migration phenomena , in particular forced displacement ;


### to promote new union led or international initiatives or priorities . ### to promote or respond to new international initiatives or priorities .


### the performance - based approach shall not apply to support to civil society , people - to - people contacts , including cooperation between local authorities , support for the improvement of human rights , or crisis - related support measures . in the event of serious or persistent degradation of democracy , human rights or rule of law , support to these actions may be increased . ### the incentive - based approach shall not apply to support to civil society , people - to - people contacts , including cooperation between local authorities , support for the improvement of human rights , or crisis - related support measures . in the event of serious or persistent degradation of democracy , human rights or rule of law , support to these actions may be increased .


### action plans , measures and implementing methods ### execution


### in the event of unforeseen needs or circumstances , and when funding is not possible from more appropriate sources , the commission may adopt special measures not provided for in the programming documents . ### in the event of unforeseen needs or circumstances , and when funding is not possible from more appropriate sources , the commission is empowered to adopt delegated acts in accordance with article 34 laying down special measures not based on the programming documents .


### union financing may cover support expenditure for the implementation of the instrument and for the achievement of its objectives , including administrative support associated with the preparation , follow - up , monitoring , control , audit and evaluation activities necessary for such implementation , as well as expenditure at headquarters and union delegations for the administrative support needed for the programme , and to manage operations financed under this regulation , including information and communication actions , and corporate information technology systems . ### union financing may cover support expenditure for the execution of the instrument and for the achievement of its objectives , including administrative support associated with the preparation , follow - up , monitoring , control , audit and evaluation activities necessary for such execution , as well as expenditure at headquarters and union delegations for the administrative support needed for the programme , and to manage operations financed under this regulation , including information and communication actions , and corporate information technology systems .


### before the adoption or extension of exceptional assistance measures not exceeding eur 20 million , the commission shall inform the council of their nature and objectives and of the financial amounts envisaged . the commission shall inform the council before making significant substantive changes to exceptional assistance measures already adopted . the commission shall take account of the relevant policy approach of the council for the planning and subsequent implementation of such measures , in the interests of consistency of the union ' s external action . ### the commission shall take account of the relevant policy approach of the council and the european parliament for the planning and subsequent application of such measures , in the interests of consistency of the union ' s external action .