### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information may be used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . while some of these functionalities do not entail high privacy risks , others do , for example , those involving the tracking of individuals over time , including repeated visits to specified locations . providers engaged in such practices should display prominent notices located on the edge of the area of coverage informing end - users prior to entering the defined area that the technology is in operation within a given perimeter , the purpose of the tracking , the person responsible for it and the existence of any measure the end - user of the terminal equipment can take to minimize or stop the collection . additional information should be provided where personal data are collected pursuant to article 13 of regulation 2016 / 679 . ### accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network . furthermore , devices must have a unique address assigned in order to be identifiable on that network . wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a mac address , the imei , the imsi etc . a single wireless base station , such as a wireless access point , has a specific range within which such information may be captured . service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities , including people counting , providing data on the number of people waiting in line , ascertaining the number of people in a specific area , etc . this information may be used for more intrusive purposes , such as to send commercial messages to end - users , for example when they enter stores , with personalized offers . information emitted by terminal equipment should be considered a separate category from metadata and information from the consumer’s terminal equipment itself . nevertheless , collection of such information should be subject to specific transparency measures and safeguards . entities deploying such solutions should display or make available prominent notices located on the edge of the area of coverage informing end - users prior to entering the defined area that the technology is in operation within a given perimeter , the purpose of the tracking , the person responsible for it and the existence of any measure the end - user of the terminal equipment can take to minimize or stop the collection . additional information should be provided where personal data are collected pursuant to article 13 of regulation 2016 / 679 and the processing of such personal data will also be subject to the regulation .


### 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 .


### providers of electronic communications services may process electronic communications metadata if : ### providers of electronic communications networks and services may process electronic communications metadata if :


### the providers of publicly available directories shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct and delete such data . ### the providers of electronic information , communications and telecommunications services shall provide end - users that are legal persons with the possibility to object to data related to them being included in the directory . providers shall give such end - users that are legal persons the means to verify , correct , update , supplement and delete such data . natural persons acting in a professional capacity , such as independent professionals , operators of small businesses or freelancers , shall be equated with legal persons .


### 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 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 . for non - real - time electronic communication such as email or messaging , the transmission starts with the submission of the content for delivery and finishes with the receipt of the content of the electronic communication by the service provider of the intended recipient . 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 . 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 .


### 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 .


### 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 .


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


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


### 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 in a professional capacity requires that end - users that are natural persons provided with transparent information about the data being included in the directory and the means to verify , correct , update , supplement and delete data relating to them free of charge , as well as the possibility of objecting to their data being included in public directories . 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 .


### 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 .


### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . ### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including information regarding when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the communicating parties . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and inter - personal messaging provided through social media . it should also apply when the confidentiality of electronic communications and the privacy of the physical environment converge , i . e . where terminal devices for electronic communication can also listen into their physical environment or use other input channels such as bluetooth signalling or movement sensors .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) . ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . users and subscribers increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services , also known as “over - the - top services” . this regulation aims at ensuring an effective and equal protection of users and subscribers when using functionally equivalent services , so as to ensure the confidentiality of their communication , irrespective of the technological medium chosen . . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service , such as internal messaging , newsfeeds , timelines and similar functions in online services where messages are exchanged with other users within or outside that service ; therefore , such type of services also having a communication functionality should be covered by this regulation .


### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . the protection of confidentiality of communications is crucial also as regards interpersonal communications services that are ancillary to another service ; therefore , such type of services also having a communication functionality should be covered by this regulation . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) . ### the services used for communications purposes , and the technical means of their delivery , have evolved considerably . end - users increasingly replace traditional voice telephony , text messages and electronic mail conveyance services in favour of functionally equivalent online services such as voice over ip , messaging services and web - based e - mail services . in order to ensure an effective and equal protection of end - users when using functionally equivalent services , this regulation uses the definition of electronic communications services set forth in the [ directive of the european parliament and of the council establishing the european electronic communications code24 ] . that definition encompasses not only internet access services and services consisting wholly or partly in the conveyance of signals but also interpersonal communications services , which may or may not be number - based , such as for example , voice over ip , messaging services and web - based e - mail services . _________________ 24 commission proposal for a directive of the european parliament and of the council establishing the european electronic communications code ) .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . end - users should be offered to choose appropriate technical settings expressing their privacy preferences . such privacy settings should be presented in an easily visible and intelligible manner .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications during transmission is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission . this regulation also should not prohibit either the processing of electronic communications data to ensure the security , confidentiality , integrity , availability , authenticity and continuity of the electronic communications services and networks , including checking security threats related to the respective service or the processing of metadata of the respective service to ensure the necessary quality of service requirements , such as latency , jitter etc .


### the prohibition of storage of communications is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements , such as latency , jitter etc . ### the prohibition of storage of communications during transmission is not intended to prohibit any automatic , intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network . the processing of pseudonymised data , should be incentivised as the act of psedonymisation dramatically reduces any privacy and security risk associated with processing of data related to transmission . it should not prohibit either the processing of electronic communications data to ensure the security and continuity of the electronic communications services , including checking security threats such as the presence of malware or the processing of metadata to ensure the appropriate quality of service requirements , such as latency , jitter etc .


### 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 input , output , processing and storage capabilities of terminal equipment and the processing of information from users ' terminal equipment , or making information available through the terminal equipment , including information about and processed by its software and hardware , other than by the user concerned shall be prohibited , except on the following grounds :


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing conclusions to be drawn regarding the private lives of the persons involved in the electronic communication . the protection of confidentiality of communications is an essential condition for the respect of other connected fundamental rights and freedoms , such as the protection of freedom of thought , conscience and religion , freedom of assembly , freedom of expression and information .


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


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


### 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 transmission , such as by listening , tapping , storing , or other kinds of interception , or surveillance of electronic communications data , by persons other than the sender or intended recipients , shall be prohibited , except when permitted by this regulation .


### 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 , interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or


### by 1 january 2018 at the latest , the commission shall establish a detailed programme for monitoring the effectiveness of this regulation . ### by [ the date of entry into force of this regulation ] at the latest , the commission shall establish a detailed programme for monitoring the effectiveness of this regulation .


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . therefore , this regulation should apply to electronic communications data using electronic communications services which are targeting the general public , and public communications networks . in addition , this regulation should also apply to closed social media profiles and groups that the user has restricted or defined as private . this regulation should not apply to other kind of closed groups such as corporate networks , access to which is limited to members of the corporation . such networks are offered to a defined group of end - users . however , even if undefined end - users use the network in question in the context of the activities of the defined group of end - users it should not preclude them from being considered outside the material scope of the regulation . for example , an enterprise’s collaboration platform primarily used by its employees that allows third parties to call - in or otherwise engage in the workspace should not be covered . the mere act of requiring a password should not be considered as providing access to a closed group of end - users if the access is provided to an undefined group of end - users .


### 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 : ### without prejudice to paragraph 2 of this article , the storage or collection of&#160 ; personal data&#160 ; from consumers ' terminal equipment , including about its software and hardware , other than by the consumer concerned shall be prohibited , except on the following grounds :


### the processing of electronic communications data can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata , based on end - users consent . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication . therefore , this regulation should require providers of electronic communications services to obtain end - users’ consent to process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure . where a type of processing of electronic communications metadata , in particular using new technologies , and taking into account the nature , scope , context and purposes of the processing , is likely to result in a high risk to the rights and freedoms of natural persons , a data protection impact assessment and , as the case may be , a consultation of the supervisory authority should take place prior to the processing , in accordance with articles 35 and 36 of regulation 2016 / 679 . ### the processing of electronic communications metadata can be useful for businesses , consumers and society as a whole . vis - à - vis directive 2002 / 58 / ec , this regulation broadens the possibilities for providers of electronic communications networks and services to further process electronic communications metadata . however , end - users attach great importance to the confidentiality of their communications , including their online activities , and that they want to control the use of electronic communications data for purposes other than conveying the communication , billing , interconnection payments or security . therefore , this regulation should , in principle , require providers of electronic communications networks and services to obtain end - users’ consent to further process electronic communications metadata , which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service . location data that is generated other than in the context of providing electronic communications services should not be considered as metadata . as an exception from obtaining end - users’ consent , the processing of electronic communications metadata for purposes other than those for which the personal data were initially collected should be allowed in cases where the processing is compatible in accordance with point of article 6 of regulation 2016 / 679 . examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps ; a graphical representation of data using colors to indicate the presence of individuals . to display the traffic movements in certain directions during a certain period of time , an identifier is necessary to link the positions of individuals at certain time intervals . this identifier would be missing if anonymous data were to be used and such movement could not be displayed . such usage of electronic communications metadata could , for example , benefit public authorities and public transport operators to define where to develop new infrastructure , based on the usage of and pressure on the existing structure .


### 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 should be treated as confidential . this means that any interference with the transmission of electronic communications , 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 . when the processing is allowed under any exception to the prohibitions under this regulation , any other processing on the basis of article 6 of regulation 2016 / 679 should be considered as prohibited , including processing for another purpose on the basis of article 6 of that regulation . this should not prevent requesting additional consent for new processing operations . the prohibition of interception of communications should apply also during their conveyance , i . e . until receipt of the content of the electronic communication by the intended addressee , and to any temporary files in the network after receipt . interception of electronic communications 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 other parties monitor websites visited , timing of the visits , interaction with others , etc . , without the consent of the 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 user profiles . other examples of interception include capturing payload data or content data from unencrypted wireless networks and routers , and analysis of customers ' traffic data , including browsing habits without the users ' consent .


### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication , including when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the parties involved in a communication . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , e - mail , internet phone calls and personal messaging provided through social media . ### article 7 of the charter of fundamental rights of the european union protects the fundamental right of everyone to the respect for his or her private and family life , home and communications . respect for the privacy of one ' s communications is an essential dimension of this right . confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communications , including information regarding when the information has been sent , from where , to whom , is not to be revealed to anyone other than to the communication parties . the principle of confidentiality should apply to current and future means of communication , including calls , internet access , instant messaging applications , in - platform messages between users of a social network , e - mail , internet phone calls and personal messaging provided through social media .


### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining end - user ' s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should prevent the use of so - called ' cookie walls ' and ' cookie banners ' that do not help users to maintain control over their personal information and privacy or become informed about their rights . this regulation should provide for the possibility to express consent by technical specifications , for instance by using the appropriate settings of a browser or other application . those settings should include choices concerning the storage of information on the user ' s terminal equipment as well as a signal sent by the browser or other application indicating the user ' s preferences to other parties . the choices made by users when establishing the general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the user and the website . from this perspective , they are in a privileged position to play an active role to help the user to control the flow of information to and from the terminal equipment . more particularly , web browsers , applications or mobile operating systems may be used as the executor of a user ' s choices , thus helping users to prevent information from their terminal equipment from being accessed or stored .


### the methods used for providing information and obtaining end - user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . this regulation should prevent the use of so - called “cookie walls” and “cookie banners” that do not help users to maintain control over their personal information and privacy or become informed about their rights . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express or withdraw consent and to object by technical specifications using automated means , such as the appropriate settings of a hardware or software permitting the retrieval and presentation of information on the internet . those settings should include choices concerning the use of processing and storage capabilities of the user’s terminal equipment as well as a signal sent by the hardware or software indicating the user’s preferences to other parties . the choices made by users when establishing its general privacy settings should be binding on , and enforceable against , any third parties . web browsers , applications or mobile operating systems may be used as a user’s personal privacy assistant communicating the user’s choices , thus helping users to prevent information related to or processed by their terminal equipment from being accessed , processed or stored .


### the methods used for providing information and obtaining end - user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , end - users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , end - users are overloaded with requests to provide consent . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express consent by using the appropriate settings of a browser or other application . the choices made by end - users when establishing its general privacy settings of a browser or other application should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . web browsers mediate much of what occurs between the end - user and the website . from this perspective , they are in a privileged position to play an active role to help the end - user to control the flow of information to and from the terminal equipment . more particularly web browsers may be used as gatekeepers , thus helping end - users to prevent information from their terminal equipment from being accessed or stored . ### the methods used for providing information and obtaining user’s consent should be as user - friendly as possible . given the ubiquitous use of tracking cookies and other tracking techniques , users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment . as a result , users are overloaded with requests to provide consent . this regulation should prevent the use of so - called “cookie walls” and “cookie banners” that do not help users to maintain control over their personal information and privacy or become informed about their rights . the use of technical means to provide consent , for example , through transparent and user - friendly settings , may address this problem . therefore , this regulation should provide for the possibility to express or withdraw consent and to object by technical specifications using automated means , such as the appropriate settings of a hardware or software permitting the retrieval and presentation of information on the internet . those settings should include choices concerning the use of processing and storage capabilities of the user’s terminal equipment as well as a signal sent by the hardware or software indicating the user’s preferences to other parties . the choices made by users when establishing its general privacy settings of a hardware of software should be binding on , and enforceable against , any third parties . web browsers are a type of software application that permits the retrieval and presentation of information on the internet . other types of applications , such as the ones that permit calling and messaging or provide route guidance , have also the same capabilities . more particularly web browsers , applications or mobile operating systems may be used as a user’s personal privacy assistant communicating the user’s choices , thus helping users to prevent information related to or processed by their terminal equipment from being accessed , processed or stored . they should therefore not abuse their position as gate - keepers and still allow for possibilities for the user to individually give consent with regard to a certain specific service or service provider .


### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural and legal persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in end - users’ terminal equipment . ### this regulation should apply to providers of electronic communications services , to providers of publicly available directories , and to software providers permitting electronic communications , including the retrieval and presentation of information on the internet . this regulation should also apply to natural persons who use electronic communications services to send direct marketing commercial communications or collect information related to or stored in consumers’ terminal equipment .


### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute 30 % of the overall financial envelope of the investeu programme to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes . ### reflecting the importance of tackling climate change in line with the union ' s commitments to implement the paris agreement and the united nations sustainable development goals , the investeu programme will contribute to mainstream climate actions and to the achievement of an overall target of 25 % of the union budget expenditures supporting climate objectives . actions under the investeu programme are expected to contribute accordingly to climate objectives . relevant actions will be identified during the investeu programme ' s preparation and implementation and reassessed in the context of the relevant evaluations and review processes .


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals legally residing in one of the member states of the eu .


### production and supply of synthetic fuels from renewable / carbon - neutral sources ; alternative fuels ; ### production and supply of synthetic fuels from renewable / carbon - neutral sources ; alternative fuels for all modes of transport ;


### 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 .


### railway infrastructure , other rail projects , and maritime ports ; ### railway infrastructure , other rail projects , inland waterway infrastructure and maritime ports ;


### 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 .


### 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 transport infrastructures and mobility solutions , 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 ;


### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . __________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 . ### as set out in the reflection paper on the social dimension of europe16 and the european pillar of social rights17 , building a more inclusive and fairer union is a key priority for the union to tackle inequality and foster social inclusion policies in europe . inequality of opportunities affects in particular access to education , training and health . investment in the social , skills and human capital - related economy , as well as in the integration of vulnerable populations in the society , can enhance economic opportunities , especially if coordinated at union level and targeted at sectors facing challenges related to workforce shortages , adaptation to new technologies and employment opportunities for women , such as in transport . the investeu fund should be used to support investment in education and training , help increase employment , in particular among the unskilled and long - term unemployed , and improve the situation with regard to intergenerational solidarity , the health sector , homelessness , digital inclusiveness , community development , the role and place of young people in society as well as vulnerable people , including third country nationals . the investeu programme should also contribute to the support of european culture and creativity . to counter the profound transformations of societies in the union and of the labour market in the coming decade , it is necessary to invest in human capital , microfinance , social enterprise finance and new social economy business models , including social impact investment and social outcomes contracting . the investeu programme should strengthen nascent social market eco - system , increasing the supply of and access to finance to micro - and social enterprises , to meet the demand of those who need it the most . the report of the high - level task - force on investing in social infrastructure in europe18 has identified investment gaps in social infrastructure and services , including for education , training , health and housing , which call for support , including at the union level . therefore , the collective power of public , commercial and philanthropic capital , as well as support from foundations , should be harnessed to support the social market value chain development and a more resilient union . __________________ 16 com 206 . 17 com 250 . 18 published as european economy discussion paper 074 in january 2018 .


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


### the national forestry accounting plan shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 - 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year . ### the national forestry accounting report shall contain all the elements listed in annex iv , section b and include a proposed new forest reference level based on the continuation of current forest management practice and intensity , as documented between 1990 and 2009 per forest type and per age class in national forests , expressed in tonnes of co2 equivalent per year , except in the case of croatia , whose reference level shall be determined separately using a correction factor to allow for the occupation of part of its territory from 1991 to 1998 and the effects of the war and its aftermath .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### the commission shall facilitate the technical assessment of the national forestry accounting report submitted by a member state 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 . the commission shall compile a synthesis report and shall make it publicly available .


### 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 .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### for the review of the national forestry accounting plans , an expert review team should be set up in accordance with commission decision 3301 ) . the expert review team should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and a sufficient number of experts from the member states should be selected .


### 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 . ### as specified in annex iv , the commission shall facilitate the technical assessment of the national forestry accounting report submitted by a member state and of any technical corrections or adjustments , with a view to assessing 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 3 and 4 as well as article 5 . the commission shall provide technical recommendations to the member states and compile a synthesis report .


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


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . it also aims to increase the ability to adapt to the adverse impacts of climate change and foster climate resilience and low greenhouse gas emissions development , in a manner that does not threaten food production . in order to achieve the purpose of the paris agreement , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . parties acknowledge that mitigation and adaptation action should follow a fully transparent approach , taking into account ecosystems , and should be based on and guided by the best available science .


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels , which scientists agree requires the world to enter into a period of negative emissions , where forests will play a central role in achieving this . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests .


### 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 . ### in combating climate change , the challenge is to reduce current co2 levels in the atmosphere and to reduce emissions . 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 , by replacing fossil fuels with renewable energy from forest biomass and by harnessing the removal potential of organic materials from sustainable forestry management and their potential as a substitute for fossil fuels , taking into account the entire life cycle of these materials , from the production of the raw material to the processing and manufacturing stages . the bioeconomy and bioenergy are anindispensable path towards a fossil - free and green economy . 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 can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector is highly exposed and very vulnerable to climate change . at the same time , the sector has huge potential to provide long - term climate benefits and to contribute significantly to the achievement of union and international long - term climate goals . it can contribute to climate change mitigation in several ways , in particular by reducing emissions , maintaining and enhancing sinks and carbon stocks , and providing bio - materials than can substitute fossil - or carbon - intensive materials . in order for measures aiming in particular at increasing carbon sequestration to be effective , sustainable resource management and the long - term stability and adaptability of carbon pools are essential . long - term strategies are needed to make sustainable investments possible in the long run .


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


### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance . following the practice in the second commitment period of the kyoto protocol , there should also be a possibility for a member state to use its overachievement under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change in order to ensure its compliance with its commitment under this regulation . ### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance . following the practice in the second commitment period of the kyoto protocol , there should also be a possibility for a member state to use its overachievement under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change in order to ensure its compliance with its commitment under this regulation . member states should be able to use up to 425 million tonnes of any net removals resulting from the provisions of this regulation , with a view to fulfilling their obligations under the effort sharing regulation . given its limited mitigation potential , the farming sector should be the first to benefit from these net removals .


### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level . a forest reference level is an estimate of the average annual net emissions or removals resulting from managed forest land within the territory of the member state in the periods from 2021 to 2025 and from 2026 to 2030 . ### member states shall account for emissions and removals resulting from managed forest land , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five its forest reference level .


### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and removals and of other information necessary to assess compliance with member states ' commitments , reporting requirements should be included in regulation no . 525 / 2013 by this regulation , and compliance checks under this regulation should take these reports into account . regulation no . 525 / 2013 should therefore be amended accordingly . these provisions may further be streamlined to take into consideration any relevant changes in respect of the integrated governance of the energy union for which a proposal is foreseen by the end of 2016 in the commission’s work programme . ### in order to ensure efficient , transparent and cost - effective reporting and verification of greenhouse gas emissions and removals and of other information necessary to assess compliance with member states ' commitments , reporting requirements should be included in regulation no . 525 / 2013 by this regulation , and compliance checks under this regulation should take these reports into account . regulation no . 525 / 2013 should therefore be amended accordingly . these provisions may further be streamlined to take into consideration any relevant changes in respect of the proposal for a regulation on the governance of the energy union which the commission submitted on 30 november 2016 .


### when the commission chooses to be assisted by an expert review team in accordance with commission decision 3301 ) in the review of national forestry accounting plans , it should build on the good practice and experience of the expert reviews under the unfccc , including as regards participation of national experts and recommendations , and select a sufficient number of experts from the member states . ### the procedure for setting the forest reference level by member states should be transparent and aligned with the requirements for sustainable forest management practice , as defined by the forest europe process . by building on the good practice and experience of the expert reviews under the unfccc the commission should assist member states in setting the forest reference level . in this context it is appropriate for the commission to provide technical assistance on the verification of compliance with the criteria set out in annex iv , following consultation of the standing forestry committee as established by council decision 89 / 367 / eec .


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


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


### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance . following the practice in the second commitment period of the kyoto protocol , there should also be a possibility for a member state to use its overachievement under regulation [ ] on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change in order to ensure its compliance with its commitment under this regulation . ### depending on national preferences , member states should be able to choose adequate national policies for achieving their commitments in lulucf , including the possibility of compensating emissions from one land category by removals from another land category . they should also be able to cumulate net removals over the period 2021 - 2030 . trading among member states should continue as an additional option to help compliance . following the practice in the second commitment period of the kyoto protocol , there should also be a possibility for a member state to use its overachievement under regulation no . . . / . . . on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 for a resilient energy union and to meet commitments under the paris agreement and amending regulation no 525 / 2013 of the european parliament and the council on a mechanism for monitoring and reporting greenhouse gas emissions and other information relevant to climate change while guaranteeing a clear distinction between emissions and removals of fossil and biogenic greenhouse gases . therefore the annual net removals from deforested land , afforested land , managed forest land , managed cropland and managed grassland should be limited to agriculture . member states should be able to use up to 425 million tonnes of any net removals resulting from the provisions of this regulation , with a view to fulfilling their obligations under the effort sharing regulation .