### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### any processing of electronic communications data or any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , by persons other than the end - users , should be prohibited . when the processing is allowed under any exception to the prohibitions under the this regulation , any other processing of the electronic communications data on the basis of article 6 of the regulation 2016 / 679 shall be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this would not prevent controllers from asking for additional consent for new processing operations . the prohibition of interception of communications data should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee and any temporary files in the network after receipt . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of end users’ electronic communications metadata , including browsing habits without the end - users’ consent .


### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications data , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited . the prohibition of interception of communications data should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications data may occur , for example , when someone other than the communicating parties , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata for purposes other than the exchange of communications . interception also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the end - user concerned . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent . ### electronic communications data should be treated as confidential . this means that any interference with the transmission of electronic communications content , whether directly by human intervention or through the intermediation of automated processing by machines , without the consent of all the communicating parties should be prohibited except for permissible uses described under this regulation . the prohibition of interception of communications content should apply during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee . interception of electronic communications content may occur , for example , when someone other than the communicating parties or their electronic communications service providers , listens to calls , reads , scans or stores the content of electronic communications , or the associated metadata , for purposes other than the exchange of communications . interception may also occurs when third parties monitor websites visited , timing of the visits , interaction with others , etc . , by accessing electronic communications data during their transmission . as technology evolves , the technical ways to engage in interception have also increased . such ways may range from the installation of equipment that gathers data from terminal equipment over targeted areas , such as the so - called imsi catchers , to programs and techniques that , for example , surreptitiously monitor browsing habits for the purpose of creating end - user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , including browsing habits without the end - users’ consent .


### 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 . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit , with the informed consent of all the end - users concerned . for example , providers may offer services that entail the scanning of emails to remove certain pre - defined material . for services that are provided to users engaged in purely personal , household or business activities , the consent of the end - user requesting the service should be sufficient . 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 . 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 another 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 . it should be possible to process electronic communications data for the purposes of providing services requested by a user for personal or work - related purposes such as search or keyword indexing functionality , text - to - speech engines and translation services , including picture - to - voice or other automated content processing used as accessibility tools for instance by persons with disabilities . this should be possible without the consent of all users who are part of the communication , but may take place with the consent of the user requesting the service . such specific consent also precludes the provider from processing those data for different purposes .


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


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual’s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user’s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user’s terminal equipment should be allowed only with the end - user’s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual’s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers and other similar unwanted tracking tools can enter end - user’s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user’s terminal equipment should be allowed only with the end - user’s consent and for specific and transparent purposes .


### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual’s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs , hidden identifiers , tracking cookies and other similar unwanted tracking tools can enter end - user’s terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user’s terminal equipment should be allowed only with the end - user’s consent and for specific and transparent purposes . ### terminal equipment of end - users of electronic communications networks and any information relating to the usage of such terminal equipment , whether in particular is stored in or emitted by such equipment , requested from or processed in order to enable it to connect to another device and or network equipment , are part of the private sphere of the end - users requiring protection under the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms . given that such equipment contains or processes information that may reveal details of an individual’s emotional , political , social complexities , including the content of communications , pictures , the location of individuals by accessing the device’s gps capabilities , contact lists , and other information already stored in the device , the information related to such equipment requires enhanced privacy protection . furthermore , the so - called spyware , web bugs and hidden identifiers can enter end - users’ terminal equipment without their knowledge in order to gain access to information , to store hidden information and to trace the activities . information related to the end - user’s device may also be collected remotely for the purpose of identification and tracking , using techniques such as the so - called ‘ device fingerprinting’ , often without the knowledge of the end - user , and may seriously intrude upon the privacy of these end - users . techniques that surreptitiously monitor the actions of end - users , for example by tracking their activities online or the location of their terminal equipment , or subvert the operation of the end - users’ terminal equipment pose a serious threat to the privacy of end - users . therefore , any such interference with the end - user’s terminal equipment should be allowed only where lawful under one of the conditions set out in article 6 of 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 make use of the processing and storage capabilities of terminal equipment or to access information stored in , or processed by , terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy , 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 end - user . this may include the storing of information 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 . this may also cover situations where end - users use a service across devices for the purpose of service personalisation and content recommendation . cookies , if implemented with appropriate privacy safeguards , can also be a legitimate and useful tool , for example , in measuring web traffic to a website . such measuring could also be carried out by another party which acts as a data processor in the meaning of regulation 2016 / 679 for the provider of the service . 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 or its use , and correct problems related to the equipment ' s operation . therefore , 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 . information society providers and electronic communications service 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 user ' s device is unable to receive content requested by the end - user should not constitute illegitimate access .


### 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 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 specific service explicitly requested by the consumer . this may include the storing of cookies on a website to keep track of the consumer’s input when filling in online forms over several pages or enabling other adaptation to individual preferences . cookies can also be a legitimate and useful tool to improve the performance of a website , for example , in measuring web traffic to a website or identify if consumers get error messages from certain pages on 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 limited , impact on the privacy of the end - user concerned , in accordance with regulation 2016 / 679 . 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 providing , including enabling or subsidizing 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 other legitimate purposes , for example , securing a service , measuring web traffic to a website or measuring the effectiveness of advertisements . 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 . 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 demonstrate that use of the processing and storage capabilities of terminal equipment or accessing of information stored in terminal equipment is lawful under article 6 of regulation 2016 / 679 should be limited to situations that involve no , or only very limited , intrusion of privacy or where a legitimate interest is at stake . 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 from a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user’s settings or ensure that they are able to do so in accordance with the relevant provisions and the mere logging of the fact that the end - user’s device is unable to receive all or some of the content requested by the end - user should not constitute access to such a device or use of the device processing capabilities .


### 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 the retrieval and presentation of information on the internet should have an obligation to inform the end - user about the possibility to express or withdraw his or her consent using appropriate technical settings . the end - user should be offered multiple options to choose from , including to prevent the storage of information on the terminal equipment . end - users should be offered a set of privacy setting options , ranging from , for example , rejecting cookies or trackers that are 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 article 40 and 42 of regulation 2016 / 679 , and the possibility to opt out from cross - device tracking . these options may also be more fine - grained and , among other aspects , reflect the possibility that another party might act as a data processor in the meaning of regulation 2016 / 679 for the provider of the service . in cases where a business model is based on targeted advertising , consent should not be considered as freely given if the access to the service is made conditional on data processing . the end - user should therefore be able to choose between accepting cookies or being provided fair and reasonable options to access the service , such as subscription , payment or limited access to parts of the service or other options . where the end - user accepts cookies for purpose of targeted advertising , the end - user should also be able to correct the information gathered about him or her to prevent the possible harm caused by inaccurate information . such privacy settings should be presented in an easily visible and intelligible manner . information provided may include examples of benefits and risks associated with allowing cookies to be stored in the computer . such obligations do not arise where the software already seeks to prevent the storage of information on the terminal equipment of an end - user or the processing of information already stored on that equipment .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals’ browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select one of the offered options to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer , including the compilation of long - term records of individuals’ browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use . web browsers shall allow the end - user to customise his or her privacy settings for each individual website visited . the website shall be able to communicate to the end - user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end - user information how to change his or her settings , request consent from the end - user or offer him or her alternative options , such as i . e . subscription or paid access . the choice of end user for specific websites shall be respected by web browsers .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals’ browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for web browsers , applications or other software to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . to this end , end - users are informed about the possibility to choose the privacy settings among various options . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the purposes for which data may be processed , including using information about a user’s browsing habits to build up an anonymous profile which may determine what type of advertising they are shown . web browsers , application or other software , are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites is always or never allowed .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals’ browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for software enabling publicly available communication services and permitting the retrieval and presentation of information on the internet to be able to obtain consumers’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the consumer using of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if consumers are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet in the context of publicly available electronic communications services that , at the moment of installation , consumers are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade consumers from selecting higher privacy settings . such obligations do not arise where the software already seeks to prevent third parties from storing information on the terminal equipment of end - user or processing information already stored on that equipment . web browsers are encouraged to provide easy ways for consumers to change the privacy settings at any time during use .


### for web browsers to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , for example , to the storage of third party tracking cookies , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of such cookies in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select ‘ accept third party cookies’ to confirm their agreement and are given the necessary information to make the choice . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies to be stored in the computer , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising . web browsers are encouraged to provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain websites or to specify for which websites party cookies are always or never allowed . ### for web browsers or other applications to be able to obtain end - users’ consent as defined under regulation 2016 / 679 , they should , among others , require a clear affirmative action from the end - user of terminal equipment to signify his or her freely given , specific informed , and unambiguous agreement to the storage and access of tracking cookies or other tracking mechanisms in and from the terminal equipment . such action may be considered to be affirmative , for example , if end - users are required to actively select cookies or trackers that process data beyond what is necessary for the service to function to confirm their agreement , after they have been provided with different options and have been given the necessary information to make the choice . such information should include the possible impact on the customer experience or on the end - user’s ability to access all the functionalities of the website . consent should not be valid for cross - device tracking if the end - user was not informed and is not able to opt out . to this end , it is necessary to require providers of software enabling access to internet that , at the moment of installation , end - users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice . information provided should not dissuade end - users from selecting higher privacy settings and should include relevant information about the risks associated to allowing tracking cookies or other tracking mechanisms to be stored in the computer , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising . web browsers or other applications should provide easy ways for end - users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain parties or cookies that are always or never allowed . where a business model is based on targeted advertising , consent should not be considered as freely given if access to the service is made conditional on data processing . in such cases , the end - user should be provided with other fair and reasonable options that do not process his or her communications data , such as i . e . subscription , paid access , or limited access to parts of the service .


### 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 acting out of his / her business capacity 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 and natural persons acting in their business capacity requires that end - users that are legal entities and natural persons acting in their business capacity have the right to object to the data related to them being included in a directory . in cases where the information was not originally collected for the purposes of a publicly available directory , the first party to collect the data should be the one to request the consent of the end - user concerned . 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 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 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 . direct marketing shall not include any form of advertising which is displayed within content presented to an end - user as part of an information society service .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of communication for the purpose of promoting products and services , whether written or oral , sent directly to an identified or identifiable end - users of an interpersonal communications service , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . for the purposes of this regulation an interpersonal communications service shall also include a service that is not provided for remuneration ;


### 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 , scanning 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&#160 ; publicly available electronic communications services may process electronic communications data if :


### providers of electronic communications networks and services may process electronic communications data if : ### electronic communications data may be processed if :


### providers of electronic communications networks and services may process electronic communications data if : ### providers of electronic communications networks and services may process electronic communications data if it is necessary to achieve the transmission of the communication , for the duration necessary for that purpose .


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent or abusive use of electronic communications services , or planning and optimising the network or related subscriptions ; or


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication . ### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous or pseudonymous when it is no longer needed for the purpose of the transmission of a communication .


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication . ### without prejudice to point of article 6 , the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the operation of such services .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , and any other electronic communications data identifying end - users , other than by the end - user concerned shall be prohibited , except on the following grounds :


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be&#160 ; permissible if one of the following grounds applies :


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


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly technically necessary for providing an information society service specifically requested by the user , for the duration necessary for that provision of the service , provided that the provision of that specific service cannot be fulfilled without the processing of such information by the provider ; or


### it is done exclusively in order to , for the time necessary for , and for the purpose of establishing a connection ; or ### it is done exclusively in order to , for the time necessary for , and for the purpose of establishing a connection ; which all end - users have authorized ; or


### the definition of and conditions for consent provided for under articles 4 and 7 of regulation 2016 / 679 / eu shall apply . ### the definitions of and conditions for consent provided for under articles 4 and 7 , and of regulation 2016 / 679 shall apply .


### the providers of publicly available directories shall obtain the consent of end - users who are natural persons to include their personal data in the directory and , consequently , shall obtain consent from these end - users for inclusion of data per category of personal data , to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory . providers shall give end - users who are natural persons the means to verify , correct and delete such data . ### without prejudice to member states national law the providers of electronic information , communication and telecommunication services&#160 ; shall give end - users who are natural persons the right to object to data related to them being included in directories and shall provide a transparent information about the data being included in the directory and the means to verify , correct , update and delete such data .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### in publicly available directories the providers of these directories shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory . the operators shall inform end - users if new search functions are enabled .


### natural or legal persons may use electronic communications services for the purposes of sending direct marketing communications to end - users who are natural persons that have given their consent . ### the use by natural or legal persons of electronic communications networks for the purposes of sending , directing or presenting direct marketing communications to end - users who are natural persons may be allowed only in respect of end - users who have given their prior consent .


### 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 similar products or services for a period of no more than 12 months 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 .


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


### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and consistency across relevant union programmes . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure . ### low infrastructure investment rates in the union during the financial crisis undermined the union ' s ability to boost sustainable growth , competitiveness and convergence . sizeable investments in the european infrastructure are fundamental to meet the union ' s goals to create a single european transport area as well as sustainability targets , including the 2030 energy and climate targets . accordingly , support from the investeu fund should target investments into transport , energy , including energy efficiency and renewable energy , environmental , climate action , maritime and digital infrastructure . to maximise the impact and the value added of union financing support , it is appropriate to promote a streamlined investment process enabling visibility of the project pipeline and maximising synergies across relevant union programmes in the areas of transport , energy and digital . bearing in mind security threats , investment projects receiving union support should take into account principles for the protection of citizens in public spaces . this should be complementary to the efforts made by other union funds such as the european regional development fund providing support for security components of investments in public spaces , transport , energy and other critical infrastructure .


### an additional amount of the eu guarantee may be provided for the purposes of the member state compartment referred to in point of article 8 , subject to the allocation by member states , pursuant to [ article 10 ] of regulation [ [ cpr ] number ] 28 and article [ 75 ] of regulation [ [ cap plan ] number ] 29 , of the corresponding amounts . ### an additional amount of the eu guarantee may be provided for the purposes of the member state compartment referred to in point of article 8 , subject to the allocation by the national or regional authorities of the member states , pursuant to [ article 10 ] of regulation [ [ cpr ] number ] 28 and article [ 75 ] of regulation [ [ cap plan ] number ] 29 , of the corresponding amounts . _________________ 28 . 29 .


### the investeu fund shall operate through the following four policy windows that shall address market failures or sub - optimal investment situations within their specific scope : ### the investeu fund shall operate through the following four policy windows that shall address market failures or sub - optimal investment situations , especially in outermost regions , within their specific scope :


### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . ### implementing partners shall target that at least 40 % of the investment supporting operations under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment .


### new or complex market failures or sub - optimal investment situations with a view to developing new financial solutions and market structures ; ### new or complex market failures , multi - national cross - border project , or sub - optimal investment situations with a view to developing new financial solutions and market structures ;


### the member state compartment shall address specific market failures or sub - optimal investment situations in one or several member states to deliver objectives of the contributing funds under shared management . ### the member state compartment shall address specific market failures or sub - optimal investment situations in one or several member states to deliver objectives of the contributing funds under shared management . a contribution agreement can also be concluded between a regional authority of a member state and the commission . such agreement shall provide for investment activities on the territory of the contributing region and shall be subject to equal conditions as set out in the article 9 of the regulation .


### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group . ### for the eu compartment , the eligible counterparts shall have expressed their interest and shall be able to cover financing and investment operations in at least three member states . the implementing partners may also cover together financing and investment operations in at least three member states by forming a group . this condition can be fulfilled by covering financing and investment operations in one region of a member state .


### for the member state compartment , the member state concerned may propose one or more eligible counterparts as implementing partners from among those that have expressed their interest pursuant to article 9 . ### for the member state compartment , the national or regional authority of the member state or region concerned may propose one or more eligible counterparts as implementing partners from among those that have expressed their interest pursuant to article 9 .


### where the member state concerned does not propose an implementing partner , the commission shall proceed in accordance with the second subparagraph of this paragraph among those implementing partners that can cover financing and investment operations in the geographical areas concerned . ### where the member state or region concerned does not propose an implementing partner , the commission shall proceed in accordance with the second subparagraph of this paragraph among those implementing partners that can cover financing and investment operations in the geographical areas concerned .


### achieves geographical diversification ; ### achieves a balanced geographical diversification between member states ;


### the performance reporting system shall ensure that data for monitoring implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate . ### the performance reporting system shall ensure that data for monitoring implementation and results are collected efficiently , effectively and in a timely manner . to that end , proportionate reporting requirements shall be imposed on implementing partners and other recipients of union funds , as appropriate . the reporting system shall provide a clear mapping of the policy windows detailed in the eligible areas for financing and investment operations as laid down in annex ii .


### development of sustainable transport infrastructures , and equipment and innovative technologies in accordance with union transport priorities and the commitments taken under the paris agreement , in particular through : ### development of sustainable and safe transport infrastructures , and equipment and innovative technologies in accordance with union transport priorities and the commitments taken under the paris agreement , in particular through :


### projects supporting development of the ten - t infrastructure , including its urban nodes , maritime and inland ports , multimodal terminals and their connection to the main networks ; ### projects supporting development of the ten - t infrastructure , including its urban nodes , maritime and inland ports , airports , multimodal terminals and their connection to the main networks , and the telematic applications laid down in regulation eu 1315 / 2013 ;


### supporting the renewal and retrofitting of transport mobile assets with the view of deploying low - emission mobility solutions ; ### supporting the renewal and retrofitting of transport mobile assets with the view of deploying low - emission mobility solutions , including the use of alternative fuels and synthetic fuels from renewable / carbon - neutral sources in vehicles of all transport modes ;


### railway infrastructure , other rail projects , and maritime ports ; ### railway infrastructure , other rail projects , maritime ports and motorways of the sea ;


### alternative fuels infrastructure , including electric charging infrastructure . ### alternative fuels infrastructure for all modes of transport , including electric charging infrastructure .


### other advanced digital technologies and services contributing to the digitisation of the union industry . ### other advanced digital technologies and services contributing to the digitisation of the union industry and the integration of digital technologies , services and skills in the transport sector of the union ;


### tourism . ### tourism sector .


### education , training and related services ; ### education , training and related services , addressing in particular opportunities in transport and other sectors challenged by workforce shortage and adaptation to new technologies ;


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the union ' s commitment to economy - wide emission reductions as confirmed in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . 10 __________________ 10 http : / / www4 . unfccc . int / submissions / indc / submission%20pages / submissions . aspx ### on 5 october 2016 , the council ratified the paris agreement on behalf of the union , following the consent given by the european parliament on 4 october 2016 . the paris agreement entered into force on 4 november 2016 . this regulation forms , in that regard , part of the implementation of the union ' s commitment to economy - wide emission reductions as set out in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . 10 __________________ 10 http : / / www4 . unfccc . int / ndcregistry / pages / party . aspx ? party=euu


### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . the european council invited the commission to examine the best means of encouraging the sustainable intensification of food production , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 . ### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . in addition , the implementation of technology solutions in agriculture and forestry sectors contribute to enhancing production and reducing the environmental footprint . the european council invited the commission to examine the best means of encouraging the sustainable intensification of food production , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 .


### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . the european council invited the commission to examine the best means of encouraging the sustainable intensification of food production , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 . ### the european council of 23 - 24 october 2014 also acknowledged the multiple objectives of the agriculture and land use sector , with their lower mitigation potential as well as the need to ensure coherence between the union food security and climate change objectives . the european council invited the commission to examine the best means of encouraging the sustainable intensification and development of food production in the eu , while optimising the sector ' s contribution to greenhouse gas mitigation and sequestration , including through afforestation , and to establish policy on how to include land use , land use change and forestry into the 2030 greenhouse gas mitigation framework as soon as technical conditions allow and in any case before 2020 .


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


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


### each member state shall prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories referred to in article 2 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign . ### each member state shall be required to prepare and maintain accounts that accurately reflect the emissions and removals resulting from the land accounting categories referred to in article&#160 ; 2 . member states shall ensure the accuracy , completeness , consistency , comparability and transparency of their accounts and of other data provided under this regulation . member states shall denote emissions by a positive sign and removals by a negative sign .


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 19902009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based , on the one hand , on the continuation of current forest management practice and intensity , as documented between 2005 - [ publications office to insert the date of entry into force of this regulation ] per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year and , on the other , on the state’s current sustainable forest management policies and measures .


### the national forestry accounting plan shall be made public and shall be subject to public consultation . ### the national forestry accounting report shall be made public and shall be subject to public consultation .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### an expert review team , set up in accordance with commission decision 3301 and comprising commission and member states representatives , shall review the national forestry accounting plans and technical corrections and assess the extent to which the new or corrected forest reference levels set by the member states have been determined in accordance with the principles and requirements set out in paragraphs and of this article as well as article 5 . the commission may only recalculate the new or corrected forest reference levels where the principles and requirements set out in paragraphs and of this article as well as article 5 have not been complied with .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out by the expert review team pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . where new forest reference levels are based on national forestry accounting plans that have been submitted by 31 december 2018 , the commission shall adopt the corresponding delegated acts containing those new forest reference levels by 31 december 2020 . member states whose forest reference levels have been updated by means of delegated acts may use net removals from the accounting category ' managed forest land ' to ensure compliance with their commitments under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 , within the flexibilities of at least 280 million tonnes . until the entry into force of the delegated acts , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### the commission shall adopt delegated acts in accordance with article 14 to amend annex ii in the light of the review carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 . ### the commission shall , by 31 december 2019 with a view to the period 2021 - 2025 , and by 31 december 2024 with a view to the period 2026 - 2030 , adopt delegated acts in accordance with article 14 to amend annex ii in the light of the assessment carried out pursuant to paragraph to update member state forest reference levels based on the national forestry accounting plans or the technical corrections submitted , and any recalculations made in the context of the review . until the entry into force of the delegated act , member state forest reference levels as specified in annex ii shall continue to apply for the period 2021 - 2025 and / or 2026 - 2030 .


### directive 2003 / 54 / ec of the european parliament and of the council and directive 2009 / 72 / ec of the european parliament and of the council have made a significant contribution towards the creation of such an internal market in electricity . however , europe ' s energy system is in the middle of a profound change . the common goal to decarbonise the energy system creates new opportunities and challenges for market participants . at the same time , technological developments allow for new forms of consumer participation and cross - border cooperation . there is a need to adapt the union market rules to a new market reality . ### directive 2003 / 54 / ec of the european parliament and of the council and directive 2009 / 72 / ec of the european parliament and of the council have made a significant contribution towards the creation of such an internal market in electricity . however , europe ' s energy system is in the middle of a profound change . the common goal to increase the share of renewable energy in the electricity sector to at least 45% in 2030 and to fully decarbonise the energy system by 2050 creates new opportunities and challenges for market participants . at the same time , technological developments allow for new forms of consumer participation and cross - border cooperation . there is a need to adapt the union market rules to a new market reality .


### the communication from the commission of 15 july 2015 ' launching the public consultation process on a new energy market design ' 31 highlighted that the move away from generation in large central power plants towards de - centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles . it underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers , new energy service providers , energy storage and flexible demand . _________________ 31 com 340 final of 15 . 7 . 2015 . ### the communication from the commission of 15 july 2015 ' launching the public consultation process on a new energy market design ' 31 highlighted that the move away from generation in large central power plants towards de - centralized production from renewable energy sources and decarbonized markets requires an adaptation of the current rules of electricity trading and changes to the existing market roles . it underlined needs to organise electricity markets in a more flexible manner and to fully integrate all market players – including renewable energy producers , new energy service providers , energy storage and flexible demand . equally important is for the eu to urgently invest in interconnectedness at the european level for the transfer of energy through high - voltage , electric power transmission system . _________________ 31 com 340 final of 15 . 7 . 2015 .


### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable and energy poor customers . in doing so , an integrated approach , such as in the framework of energy and social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable and energy poor customers . ### member states which are affected by energy poverty and which have not yet done so should therefore develop national action plans or other appropriate frameworks to tackle this problem , aiming at decreasing the number of people suffering such situation . low income , high energy expenditure , and poor energy efficiency of homes are relevant factors in designing indicators for the measurement of energy poverty . in any event , member states should ensure the necessary energy supply for vulnerable customers . in doing so , an integrated approach , such as in the framework of social policy , could be used and measures could include social policies or energy efficiency improvements for housing . at the very least , this directive should allow national policies in favour of vulnerable customers .


### ' distribution system operator ' means a natural or legal person responsible for operating , ensuring the maintenance of and , if necessary , developing the distribution system in a given area and , where applicable , its interconnections with other systems and for ensuring the long - term ability of the system to meet reasonable demands for the distribution of electricity ; ### ' distribution system operator ' means a natural or legal person responsible for operating , ensuring the maintenance of and , if necessary , developing the distribution system or integrated electricity storage in a given area and , where applicable , its interconnections with other systems and for ensuring the long - term ability of the system to meet reasonable demands for the distribution of electricity ;


### ‘ energy from renewable sources’ means energy from renewable non - fossil sources , in particular wind , solar , geothermal energy , ambient heat , hydropower and tide , ocean , wave energy , and combustible renewables : biofuels , bioliquids , biogas , solid biofuels and combustible wastes of renewable origin , ; ### ‘ energy from renewable sources’ means energy from variable renewable non - fossil sources , in particular wind , solar , geothermal energy , ambient heat , hydropower and tide , ocean , and wave energy , as well as combustible renewables : biofuels , bioliquids , and biogas ;


### member states shall ensure that all customers are free to purchase electricity from the supplier of their choice . ### member states shall ensure that all customers are free to purchase electricity from the producer or supplier of their choice and are free to contract simultaneously with several suppliers .


### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . ### member states shall ensure the protection of vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity .