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


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


### if it is necessary for web audience measuring , provided that such measurement is carried out by the provider of the information society service requested by the end - user . ### if it is necessary to obtain information about technical quality or effectiveness of an information society service that has been delivered or about terminal equipment functionality , and it has no or little impact on the privacy of the end - user concerned ; or


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


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


### 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 communication services or 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 .


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


### 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 publicly available directories shall provide end - users that are legal persons of natural persons acting in their business capacity 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 .


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


### a clear and prominent notice is displayed informing of , at least , the modalities of the collection , its purpose , the person responsible for it and the other information required under article 13 of regulation 2016 / 679 where personal data are collected , as well as any measure the end - user of the terminal equipment can take to stop or minimise the collection . ### the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and , if necessary , a prior consultation with the supervisory authority were carried out , as prescribed respectively in article 35 and 36 of regulation 2016 / 679 , and a clear and prominent notice is displayed informing of , at least , the modalities of the collection , its purpose , the person responsible for it and the other information required under article 13 of regulation 2016 / 679 where personal data are collected , as well as any measure the end - user of the terminal equipment can take to stop or minimise the collection .


### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , except on the following grounds : ### the use of processing and storage capabilities of terminal equipment and the collection of information from end - users ' terminal equipment , including about its software and hardware , other than by the end - user concerned shall be prohibited , unless the processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party and , except on the following grounds :


### 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 . ### the providers electronic communication services shall obtain the consent of end - users who are natural persons to&#160 ; share their personal data with the providers of publicly available directories to include them in the directory and , consequently , shall provide end - users who are natural persons with information about 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 point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### the providers of a publicly available directory shall inform end - users who are natural persons acting out of their business capacity whose personal data are in the directory of the available search functions of the directory . providers of number - based interpersonal communication services and electronic communication providers shall obtain end - users’ consent before enabling such search functions related to their own data .


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of commercial communication , whether written or oral , sent to one or more identified end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ;


### ‘ direct marketing communications’ means any form of advertising , whether written or oral , sent to one or more identified or identifiable end - users of electronic communications services , including the use of automated calling and communication systems with or without human interaction , electronic mail , sms , etc . ; ### ' direct marketing communications ' means any form of advertising or similar promotion , sent , directed or presented to one or more identified or identifiable end - users over an electronic communications network , including the use of automated calling and communication systems with or without human interaction , targeted advertising on social media platforms , electronic mail , facsimile , sms , etc . ;


### 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 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 .


### 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 ) .


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


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


### connected devices and machines increasingly communicate with each other by using electronic communications networks . the transmission of machine - to - machine communications involves the conveyance of signals over a network and , hence , usually constitutes an electronic communications service . in order to ensure full protection of the rights to privacy and confidentiality of communications , and to promote a trusted and secure internet of things in the digital single market , it is necessary to clarify that this regulation should apply to the transmission of machine - to - machine communications . therefore , the principle of confidentiality enshrined in this regulation should also apply to the transmission of machine - to - machine communications . specific safeguards could also be adopted under sectorial legislation , as for instance directive 2014 / 53 / eu . ### connected devices and machines increasingly communicate with each other by using electronic communications networks . this regulation should apply to the transmission of machine - to - machine communications only to the extent necessary to protect the confidentiality of communications .


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


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


### it is necessary for providing an information society service requested by the end - user ; or ### it is necessary for providing an information society service requested by the end - user , particularly in order to preserve the integrity or security of the information society service or access to it , to improve what is offered or for measures to protect against unauthorised use of the service in accordance with the terms and conditions of use relating to the provision of services to the end - user ; or


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


### information about detected security risks ### security obligations


### 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 , 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 appropriate technical settings of a browser or other application .


### service providers who offer electronic communications services should inform end - users of measures they can take to protect the security of their communications for instance by using specific types of software or encryption technologies . the requirement to inform end - users of particular security risks does not discharge a service provider from the obligation to take , at its own costs , appropriate and immediate measures to remedy any new , unforeseen security risks and restore the normal security level of the service . the provision of information about security risks to the subscriber should be free of charge . security is appraised in the light of article 32 of regulation 2016 / 679 . ### service providers who offer electronic communication services shall comply with the security obligations as prescribed in article 32 of regulation 2016 / 679 and article 40 of [ european electronic communications code ] .


### the collection of such information shall be conditional on the application of appropriate technical and organisational measures to ensure a level of security appropriate to the risks , as set out in article 32 of regulation 2016 / 679 , have been applied . ### the collection of such information shall be conditional on the application of appropriate technical and organisational measures to limit the collection and processing of information to the purposes required therefor and ensure a level of security appropriate to the risks , as set out in article 32 of regulation 2016 / 679 , have been applied , for example by means of pseudonymisation of information collected pursuant to article 4 of regulation no 2016 / 679 .


### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the union or of a member state , in particular an important economic or financial interest of the union or of a member state , or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 . ### when the processing of electronic communications data by providers of electronic communications services falls within its scope , this regulation should provide for the possibility for the union or member states under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests , including national security , defence , public security and the prevention , investigation , detection or prosecution of criminal offences or the execution of criminal penalties , including the safeguarding against and the prevention of threats to public security or a monitoring , inspection or regulatory function connected to the exercise of official authority for such interests . therefore , this regulation should not affect the ability of member states to carry out lawful interception of electronic communications or take other measures , if necessary and proportionate to safeguard the public interests mentioned above , in accordance with the charter of fundamental rights of the european union and the european convention for the protection of human rights and fundamental freedoms , as interpreted by the court of justice of the european union and of the european court of human rights . providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities , where relevant also taking into account the role of the representative designated pursuant to article 3 .


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in a an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ' accept all cookies ' , which prevents end - users from providing informed and freely given consent , overloading them with requests . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that by default prevents cross - domain and cross - devices tracking and third parties from storing information on the terminal equipment or requesting end - users ' consent for that ; this is often presented as ' reject third party trackers and 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 objective , easily visible and intelligible manner .


### member states shall adopt legislative measures restricting , in whole or in part , the data subject ' s right of access to personal data relating to him or her processed under this directive in order to : ### member states may adopt legislative measures restricting , in whole or in part , the data subject ' s right of access to personal data relating to him or her processed under this directive in accordance with article 15 of directive 2016 / 680 .


### the processing of information revealing a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , trade union membership , health , sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case ### the processing of personal data revealing a person ' s race or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership , data concerning health , or data concerning a natural person ' s sex life or sexual orientation shall only be allowed in accordance with article 10 of directive 2016 / 680 .


### each member state shall ensure that its financial intelligence unit is enabled to exchange financial information or financial analysis with any financial intelligence unit in the union where that financial information or financial analysis is necessary for the prevention and combating of money laundering , associate predicate offences and terrorist financing . ### each member state shall ensure that its financial intelligence unit exchanges financial information or financial analysis free of charge with any financial intelligence unit in the union where that financial information or financial analysis is necessary for the prevention , detection and combating of money laundering , associate predicate offences and terrorist financing


### sharing information between financial intelligence units and with competent authorities should only be permitted where it is necessary on a case - by - case basis , either for the prevention , detection , investigation or prosecution of serious criminal offences or for money laundering , the associated predicate offences and terrorist financing . ### sharing information between financial intelligence units should be permitted for the purposes of the prevention , detection , investigation or prosecution of either money laundering , the associated predicate offences or terrorist financing , and , in exceptional and urgent cases , of serious criminal offences . such sharing of information should be undeterred .


### this directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention , detection , investigation or prosecution of serious criminal offences . it also provides for measures to facilitate access by financial intelligence units to law enforcement information and to facilitate the cooperation between financial intelligence units . ### this directive lays down measures to facilitate access to and use of financial information and bank account information by competent authorities for the prevention , detection , investigation or prosecution of serious criminal offences . it also provides for measures to facilitate access by financial intelligence units to law enforcement information and to facilitate the cooperation between financial intelligence units .


### subject to national procedural safeguards , each member state shall ensure that its designated national competent authorities are required to reply to requests for law enforcement information by the national financial intelligence unit , on a case - by - case basis , where the information is necessary for the prevention and combating of money laundering , associate predicate offences and terrorist financing . ### subject to national procedural safeguards , each member state shall ensure that its designated national competent authorities are required to reply to requests for law enforcement information by the national financial intelligence unit , on a case - by - case basis , where the information is necessary for the prevention , detection and combating of money laundering , associate predicate offences and terrorist financing .


### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information or analysis no later than 24 hours after the receipt of the request . ### member states shall ensure that , in exceptional and urgent cases , and by way of derogation from paragraph 2 , where a financial intelligence unit is requested pursuant to paragraph 1 to exchange financial information or financial analysis already in its possession that relates to specific investigations concerning an act or conduct qualified as a serious criminal offence , a financial intelligence unit shall provide that information or analysis free of charge no later than 48 hours after the receipt of the request .


### member states shall adopt and publish the laws , regulations and administrative provisions necessary to comply with this directive by xxyy [ 26 months after the date of entry into force of directive / 2018 : oj please insert number of directive amending directive 2015 / 849 ] at the latest . they shall forthwith communicate to the commission the text of those provisions . ### member states shall adopt and publish the laws , regulations and administrative provisions necessary to comply with this directive by no later than . . . [ 24 months after the date of entry into force of directive / 2018 + ] . they shall forthwith communicate to the commission the text of those provisions . + oj : please insert number of directive amending directive 2015 / 849 ]


### access by europol to bank account information and exchange of information between europol and financial intelligence units ### provision of bank account information to europol


### in order to prevent and combat money laundering , the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis , a financial intelligence unit should be empowered to exchange information or analysis already in its possession or which can be obtained from obliged entities at the request of another financial intelligence unit or of a competent authority in its member state . this exchange should not hamper a financial intelligence unit ' s active role in disseminating its analysis to other financial intelligence units where that analysis reveals facts , conduct or suspicion of money laundering and terrorist financing of direct interest to those other financial intelligence units . financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information , depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns . however , this directive should be without prejudice to the organisational status and role conferred to financial intelligence units under the national law of member states . ### in order to prevent , detect and combat money laundering , the associated predicate offences and terrorist financing more effectively and to reinforce its role in providing financial information and analysis , a financial intelligence unit should be empowered to exchange information already in its possession or which can be obtained from obliged entities or analysis already in its possession at the request of another financial intelligence unit or of a competent authority in its member state . this exchange should not hamper a financial intelligence unit ' s active role in disseminating its analysis to other financial intelligence units where that analysis reveals facts , conduct or suspicion of money laundering and terrorist financing of direct interest to those other financial intelligence units . financial analysis covers operational analysis which focuses on individual cases and specific targets or on appropriate selected information , depending on the type and volume of the disclosures received and the expected use of the information after dissemination as well as strategic analysis addressing money laundering and terrorist financing trends and patterns . the financial intelligence units should receive feedback on the use of the information and analysis provided . however , this directive should be without prejudice to the organisational status and role conferred to financial intelligence units under the national law of member states .


### member states shall ensure that the competent authorities designated pursuant to article 3 shall have the power to access and search , directly and immediately , bank account information when necessary for the performance of their tasks for the purposes of preventing , detecting , investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence , including the identification , tracing and freezing of the assets related to such investigation . ### member states shall ensure that the competent authorities designated pursuant to article 3 shall have the power to access and search , directly and immediately , bank account information when necessary for the performance of their tasks for the purposes of preventing , detecting , investigating or prosecuting a serious criminal offence or supporting a criminal investigation concerning a serious criminal offence , including the identification , tracing and freezing of the assets related to such investigation . access and search is also deemed direct and immediate where the national authorities operating the central bank account registries transmit the bank account information expeditiously by an automated mechanism to competent authorities , provided that no intermediary institution may interfere with the requested data or the information to be provided .


### to achieve the appropriate balance between efficiency and a high level of data protection , member states should be required to ensure that the processing of sensitive financial information that could reveal a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , trade union membership , health , sexual life or sexual orientation should be allowed only to the extent that it is strictly necessary and relevant to a specific investigation . ### to achieve the appropriate balance between efficiency and a high level of data protection , member states should be required to ensure that the processing of sensitive financial information that could reveal a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , trade union membership , health , sexual life or sexual orientation should be allowed by persons specifically authorised and only to the extent that it is strictly necessary , relevant and proportionate for the prevention , detection , investigation or prosecution of a specific case .


### member states shall review the effectiveness of their systems to combat serious criminal offences by maintaining comprehensive statistics . ### member states shall review the effectiveness and efficiency of their systems with regard to the use of financial and other information for the prevention , detection , investigation or prosecution of certain criminal offences by maintaining comprehensive statistics .


### subject to national procedural safeguards , each member state shall ensure that its national financial intelligence unit is required to reply to requests for financial information or financial analysis by its designated competent authorities referred to in article 3 , where that financial information or financial analysis is necessary , on a case - by - case basis , for the prevention , detection , investigation or prosecution of serious criminal offences . ### subject to national procedural safeguards , each member state shall ensure that its national financial intelligence unit is enabled to reply to motivated requests for financial information or financial analysis by designated competent authorities referred to in article 3 in their respective member state , where that financial information or financial analysis is necessary , on a case - by - case basis , for the prevention , detection , investigation or prosecution of serious criminal offences .


### immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification , tracing and freezing of the related assets in view of their confiscation . direct access is the most immediate type of access to the information held in centralised bank account registries . this directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated member states ' authorities and other bodies competent for the prevention , detection , investigation or prosecution of criminal offences . ### immediate and direct access to the information held in centralised bank account registries is often indispensable for the success of a criminal investigation or for the timely identification , tracing and freezing of the related assets in view of their confiscation . direct access is the most immediate type of access to the information held in centralised bank account registries . this directive should therefore lay down rules granting direct access to information held in centralised bank account registries to designated member states ' authorities competent for the prevention , detection , investigation or prosecution of criminal offences .


### this directive should also set out a clearly defined legal framework to enable financial intelligence units to request relevant data stored by designated competent authorities in order to enable them to prevent and combat money laundering , the associated predicate offences and terrorist financing effectively . ### this directive should also set out a clearly defined legal framework to enable financial intelligence units to request relevant data stored by designated competent authorities in their member state in order to enable them to prevent , detect and combat money laundering , the associated predicate offences and terrorist financing effectively .


### to the extent that tax authorities and anti - corruption agencies are competent for the prevention , detection , investigation or prosecution of criminal offences under national law , they should also be considered authorities that can be designated for the purposes of this directive . administrative investigations should not be covered under the present directive . ### to the extent that tax authorities and anti - corruption agencies are competent for the prevention , detection , investigation or prosecution of criminal offences under national law , they should also be considered authorities that can be designated for the purposes of this directive .


### directive 2015 / 849 has substantially enhanced the union legal framework that governs the activity and cooperation of financial intelligence units . the powers of financial intelligence units include the right to access the financial , administrative and law enforcement information that they require to combat money laundering , the associated predicate offences and terrorist financing . nevertheless , union law does not lay down all specific tools and mechanisms that financial intelligence units must have at their disposal in order to access such information and accomplish their tasks . since member states remain entirely responsible for the setting up and deciding the organisational nature of financial intelligence units , different financial intelligence units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and financial intelligence units . ### directive 2015 / 849 has substantially enhanced the union legal framework that governs the activity and cooperation of financial intelligence units . the powers of financial intelligence units include the right to access the financial , administrative and law enforcement information that they require to prevent , detect and combat money laundering , the associated predicate offences and terrorist financing . nevertheless , union law does not lay down all specific tools and mechanisms that financial intelligence units must have at their disposal in order to access such information and accomplish their tasks . since member states remain entirely responsible for the setting up and deciding the organisational nature of financial intelligence units , different financial intelligence units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and financial intelligence units .


### member states shall review the effectiveness of their systems to combat serious criminal offences by maintaining comprehensive statistics . ### member states shall review the effectiveness and efficiency of their systems with regard to the use of financial and other information for the prevention , detection , investigation or prosecution of criminal offences by maintaining comprehensive statistics .


### each member state shall ensure that its financial intelligence unit is enabled to exchange financial information or financial analysis with any financial intelligence unit in the union where that financial information or financial analysis is necessary for the prevention and combating of money laundering , associate predicate offences and terrorist financing . ### each member state shall ensure that its financial intelligence unit exchanges financial information or financial analysis free of charge with any financial intelligence unit in the union where that financial information or financial analysis is necessary for the prevention , detection and combating of money laundering , associate predicate offences and terrorist financing


### in order to enhance legal certainty and operational effectiveness , this directive should lay down rules to strengthen the financial intelligence units ' ability to share information with their designated competent authorities for all serious criminal offences . ### in order to enhance legal certainty and operational effectiveness , this directive should lay down rules to strengthen the financial intelligence units ' ability to share information or analysis with the designated competent authorities in their member state for all serious criminal offences . more precisely , financial intelligence units should be enabled to share information or analysis with the designated competent authorities for the purposes of the prevention , detection , investigation or prosecution of money laundering , the associated predicate offences and terrorist financing , and , where it is necessary on a case - by - case basis , of serious criminal offences . at the same time , the operational independence and autonomy of financial intelligence units should not be jeopardised and the decision to provide the requested information or analysis should remain with the fiu .


### the processing of information revealing a person ' s race or ethnic origin , political opinions , religion or philosophical beliefs , trade union membership , health , sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case ### the processing of personal data revealing a person ' s race or ethnic origin , political opinions , religious or philosophical beliefs , trade union membership , data concerning health , or data concerning a natural person ' s sex life or sexual orientation shall only be allowed in accordance with article 10 of directive 2016 / 680 .


### this directive lays down measures to facilitate access by competent authorities to financial information and bank account information for the prevention , detection , investigation or prosecution of serious criminal offences . it also provides for measures to facilitate access by financial intelligence units to law enforcement information and to facilitate the cooperation between financial intelligence units . ### this directive lays down measures to facilitate access to and use of financial information and bank account information by competent authorities for the prevention , detection , investigation or prosecution of serious criminal offences . it also provides for measures to facilitate access by financial intelligence units to law enforcement information and to facilitate the cooperation between financial intelligence units .


### to support the development , implementation , monitoring and enforcement of the relevant union legislation and policy , including by improving governance through enhancing capacities of public and private actors and the involvement of civil society ; ### to support the development , implementation , monitoring and enforcement of the relevant union legislation and policy , including by improving governance through enhancing capacities of public and private actors , including agriculture , horticulture , forestry and fisheries , and the involvement of civil society ;


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into a sustainable , circular , energy efficient , low - emission and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of greenhouse gas output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and implementation of the union ' s mid - century and long - term climate and energy strategy , in line with the decarbonisation objective of the paris agreement . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change .


### halting and reversing biodiversity loss , including in marine ecosystems , requires support for the development , implementation , enforcement and assessment of relevant union legislation and policy , including the eu biodiversity strategy to 202022 , council directive 92 / 43 / eec23 and directive 2009 / 147 / ec of the european parliament and of the council24 and regulation 1143 / 2014 of the european parliament and of the council25 , in particular by developing the knowledge base for policy development and implementation and by developing , testing , demonstrating and applying best practices and solutions on small scale or tailored to specific local , regional or national contexts , including integrated approaches for the implementation of the prioritised action frameworks prepared on the basis of directive 92 / 43 / eec . the union should track its biodiversity - related expenditure to fulfil its reporting obligations under the convention on biological diversity . requirements for tracking in other relevant union legislation should also be met . __________________ 22 com 244 final . 23 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 24 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 25 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species . ### halting and reversing biodiversity loss and the degradation of ecosystems , including in marine ecosystems , requires support for the development , implementation , enforcement and assessment of relevant union legislation and policy , including the eu biodiversity strategy to 202022 , council directive 92 / 43 / eec23 and directive 2009 / 147 / ec of the european parliament and of the council24 and regulation 1143 / 2014 of the european parliament and of the council25 , in particular by developing the knowledge base for policy development and implementation and by developing , testing , demonstrating and applying best practices and solutions on small scale or tailored to specific local , regional or national contexts , including integrated approaches for the implementation of the prioritised action frameworks prepared on the basis of directive 92 / 43 / eec . the union and the member states should track their biodiversity - related expenditure to fulfil their reporting obligations under the convention on biological diversity . requirements for tracking in other relevant union legislation should also be met . __________________ 22 com 244 final . 23 council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora . 24 directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds . 25 regulation no 1143 / 2014 of the european parliament and of the council of 22 october 2014 on the prevention and management of the introduction and spread of invasive alien species .


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , sustainable , circular , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and implementation of the union ' s mid - century and long - term climate and energy strategy , in line with the objective of the paris agreement . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change .


### the improvement of governance on environmental , climate change and related clean energy transition matters requires involvement of civil society by raising public awareness , consumer engagement , and broadening of stakeholder involvement , including non - governmental organisations , in consultation on and implementation of related policies . ### the improvement of governance on environmental , climate change and related clean energy transition matters requires raising public awareness , consumer engagement , and broadening of stakeholder involvement , in particular civil society organisations , churches and religious associations or communities , in consultation on and implementation and evaluation of related policies .


### the voluntary scheme for biodiversity and ecosystem services in territories of european overseas promotes the conservation of biodiversity , including marine biodiversity , and sustainable use of ecosystem services , including ecosystem - based approaches to climate change adaptation and mitigation , in the union ' s outermost regions and overseas countries and territories . best has helped to raise awareness for the ecological importance of the outermost regions and overseas countries and territories for conserving global biodiversity . in their ministerial declarations in 2017 and 2018 , overseas countries and territories have expressed their appreciation for this small grant scheme for biodiversity . it is appropriate to allow the programme to continue financing small grants for biodiversity in both the outermost regions and the overseas countries and territories . ### the voluntary scheme for biodiversity and ecosystem services in territories of european overseas promotes the conservation of biodiversity , including marine biodiversity , and sustainable use of ecosystem services , including ecosystem - based approaches to climate change adaptation and mitigation , in the union ' s outermost regions and overseas countries and territories . through the best preparatory action adopted in 2011 and the subsequent best 2 . 0 and best rup programmes , best has helped to raise awareness for the ecological importance of the outermost regions and overseas countries and territories and their key role in conserving global biodiversity . through its support , 90 projects have been established , enabling the european union to give direct support to local stakeholders . 80% of european biodiversity is in european overseas countries and territories and the commission’s impact study estimates that the need for financial support for projects on the ground in these territories is eur 8 million per year . in their ministerial declarations in 2017 and 2018 , overseas countries and territories have expressed their appreciation for this small grant scheme for biodiversity . it is therefore appropriate to include the best initiative within this programme , including capacity building and the capitalisation of actions funded in both the outermost regions and the overseas countries and territories .


### the general objective of the programme is to contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , including through the transition to clean energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development . ### the general objective of the programme is to contribute to the shift towards a sustainable , circular , resource - and energy - efficient , low - carbon and climate - resilient economy , including through the transition to a highly energy - efficient and renewables - based energy system , to ensure the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , including the support of the natura 2000 and tackling the degradation of ecosystems , thereby contributing to a high level of environmental protection and ambitious climate action . the programme shall also support better environmental and climate governance at all levels , including better involvement of civil society ngos and local actors .


### complying with the union ' s commitments under the paris agreement on climate change requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change . ### complying with the union ' s commitments under the paris agreement on climate change , which must be respected , requires the transformation of the union into an energy efficient , low carbon and climate resilient society . this in turn requires actions , with a special focus on sectors that contribute most to the current levels of co2 output and pollution , contributing to the implementation of the 2030 energy and climate policy framework and the member states ' integrated national energy and climate plans and preparations for the union ' s mid - century and long - term climate and energy strategy . the programme should also include measures contributing to the implementation of the union ' s climate adaptation policy to decrease vulnerability to the adverse effects of climate change and anticipate and counter disasters caused by it .


### the programme shall be implemented by at least two multiannual work programmes referred to in article 110 of the financial regulation . work programmes shall set out , where applicable , the overall amount reserved for blending operations . ### the commission shall , by means of implementing acts adopt two multiannual work programmes for the programme . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 21a . the commission will inform regularly the committee referred to in article 21a about the overall progress of the implementation of the sub - programmes and will provide it with timely information on all actions proposed or funded under the programme .


### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives of the programme concerned . the rules of the fund providing support shall apply . ### may receive support from the european regional development fund , the cohesion fund , the european social fund + or the european agricultural fund for rural development , in accordance with paragraph 5 of article [ 67 ] of regulation xx [ common provisions regulation ] and article [ 8 ] or regulation xx [ financing , management and monitoring of the common agricultural policy ] , provided that such actions are consistent with the objectives and eligibility criteria of the programme concerned . the rules of the fund providing support shall apply .


### the improvement of governance on environmental , climate change and related clean energy transition matters requires involvement of civil society by raising public awareness , consumer engagement , and broadening of stakeholder involvement , including non - governmental organisations , in consultation on and implementation of related policies . ### the improvement of governance on environmental , climate change and related clean energy transition matters requires involvement and participation of civil society and socio - professional stakeholders , local partners and elected representatives to raise public awareness , consumer engagement , and broadening of stakeholder involvement .


### this regulation establishes the programme for the environment and climate action . ### this regulation establishes the programme for the environment and climate action covering the period from 1 january 2021 to 31 december 2027 .


### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . ### the commission shall communicate the conclusions of the evaluations accompanied by its observations , to the european parliament , the council , the european economic and social committee and the committee of the regions . the commission shall make the results of the evaluations publicly available .


### the general objective of the programme is to contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , including through the transition to clean energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development . ### the general objective of the programme is to contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , including through the transition to clean energy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , thereby contributing to sustainable development . the programme ' s objectives must also include the adaptation of european cities and regions to climate change .


### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation . ### the interim evaluation of the programme shall be performed once there is sufficient information available about the implementation of the programme , but no later than four years after the start of the programme implementation and include the assessment made pursuant to article 18 . that interim evaluation shall , where necessary , be accompanied by a proposal for an amendment of this regulation


### where appropriate , special regard shall be given to projects in geographical areas with specific needs or vulnerabilities , such as areas with specific environmental challenges or natural constraints , trans - border areas or outermost regions . ### where appropriate , special regard shall be given to projects in geographical areas with specific needs or vulnerabilities , such as areas with specific environmental challenges or natural constraints , trans - border areas or outermost regions and overseas countries and territories linked to european union member states . special attention should be paid to the issues of coastal erosion , coastal flooding and the protection of marine ecosystems .


### it lays down the objectives of the programme , the budget for the period 2021 - 2027 , the forms of union funding and the rules for providing such funding . ### it lays down the objectives of the life programme , the budget for this period , the forms of union funding and the rules for providing such funding .


### this regulation establishes the programme for the environment and climate action . ### this regulation establishes a programme for the environment and climate action covering the period from 1 january 2021 to 31 december 2027 .


### no later than 31 march 2017 member states shall notify the commission their definition of protected customers , the annual gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in that member state . where a member state includes in its definition of protected customers the categories referred to in point or of article 2 it shall specify in the notification to the commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas . ### no later than 31 march 2017 the competent authorities within each region shall notify the commission the definition of protected consumers in that region , the annual and daily peak gas consumption volumes of the protected customers and the percentage they represent of the total annual final gas consumption in respective member states as well as how it could influence cross - border flows in the region . where a member state includes in its definition of protected customers the categories referred to in point or of article 2 it shall specify in the notification to the commission the gas consumption volumes corresponding to consumers belonging to those categories and the percentage that each of those groups of consumers represents in terms of the annual final use of gas .


### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates , with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with contracts of other natural gas undertakings on the same market with the same supplier or its affiliates exceed the threshold of 8 billion cubic meters or provide more than 40% of total annual gas imports from third countries to the member state concerned . the notification obligation shall not apply to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . to that end , the national regulatory authorities shall monitor on a yearly basis the market supply structure and inform the relevant natural gas undertakings once the 40% threshold is exceeded . this information shall be communicated no later than the 1st june each year for the year proceeding the year for which the threshold was calculated .


### demand - side measures , such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , may have a valuable role to play in ensuring energy security , if they can be applied quickly and significantly reduce demand in response to a supply disruption . more should be done to promote efficient energy use , particularly where demand - side measures are needed . the environmental impact of any demand and supply - side measures proposed must be taken into account , with preference being given , as far as possible , to measures that have least impact on the environment . at the same time , security of supply and competitiveness aspects must be taken into account . ### demand - side measures , such as fuel switching or reducing the gas supply to large industrial consumers in an economically efficient order , may have a valuable role to play in ensuring energy security , if they can be applied quickly and significantly reduce demand in response to a supply disruption . more should be done to promote efficient energy use , particularly where demand - side measures are needed . priority should be given to investments aimed at exploiting the sustainable energy potential at local level . the environmental impact of any demand and supply - side measures proposed must be taken into account , with preference being given , as far as possible , to measures that have least impact on the environment . at the same time , security of supply and competitiveness aspects must be taken into account .


### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with other contracts with the same supplier or its affiliates provide more than 40% of yearly natural gas consumption in the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract . ### to the competent authority and to the commission immediately after their conclusion or modification the gas supply contracts with the same supplier from a third country or from its affiliates , with a duration of more than 1 year concluded or modified after [ op : please insert the date of entry in force of this regulation ] that individually or cumulatively with contracts of other natural gas undertakings on the same market with the same supplier or its affiliates exceed the threshold of 8 billion cubic metres or provide more than 40% of total annual gas imports from third countries to the member state concerned . the notification obligation shall not apply to the modifications related only to the gas price . the notification obligation shall also apply to all commercial agreements relevant for the execution of the gas supply contract .


### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall report to the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission may have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region . ### the competent authorities within each region shall agree on a cooperation mechanism to conduct the risk assessment within the deadline provided for in paragraph 5 of this article . competent authorities shall report to the gas coordination group on the agreed cooperation mechanism for conducting the risk assessment 18 months before the deadline for the adoption of the risk assessment and the updates of the risk assessment . the commission may have a facilitating role overall in the preparation of the risk assessment , in particular for the establishment of the cooperation mechanism at bilateral , interregional and cross - border level and through cooperation with third countries . if competent authorities within a region do not agree on a cooperation mechanism , the commission may propose a cooperation mechanism for that region .


### the commission shall keep under review the procedures , tests and requirements referred to in article 5 as well as the test cycles used to measure emissions . if the review finds that those procedures , tests , requirements and test cycles are no longer adequate or no longer reflect real world emissions , the commission shall act in accordance with article 5 in order to adapt them so as to adequately reflect the emissions generated by real driving on the road . ### the commission shall , as soon as possible , review the procedures , tests and requirements referred to in article 5 as well as the test cycles used to measure emissions . following that review , the commission shall , by means of delegated acts referred to in article 5 , adapt procedures , tests cycles and requirements so as to adequately reflect the emissions generated by real driving on the road . that review shall be conducted every two years .


### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum vehicle mass not exceeding 5 000 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council . ### in order to achieve eu air quality objectives and to ensure a continuous effort to reduce vehicle emissions , the power to adopt delegated 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 detailed rules on the application of regulation no 715 / 2007 to vehicles of categories m1 , m2 , n1 and n2 with a reference mass exceeding 2 610 kg but with a maximum technically permissible laden mass not exceeding 7 500 kg , the specific procedures , tests and requirements for type approval , the requirements for the implementation of the prohibition on the use of defeat devices that reduce the effectiveness of emission control systems , the measures necessary for the implementation of the obligation of a manufacturer to provide unrestricted and standardised access to vehicle repair and maintenance information , the replacement of the information on the mass of co2 emissions in the certificate of conformity with information on total mass of co2 emissions equivalents , the increase or removal of the limit value of total hydrocarbons emissions for positive ignition vehicles , the amendment of regulation no 715 / 2007 for the purposes of recalibrating the particulate mass based limit values and introducing particle number based limit values that would correlate broadly with the petrol and diesel mass limit values , the adoption of a revised measurement procedure for particulates and a particle number limit value , a limit value for emissions of no2 and limits for tailpipe emissions at cold temperatures for vehicles approved as complying with the euro 6 emission limits . the commission , when preparing and drawing up delegated acts , should ensure a simultaneous , timely and appropriate transmission of relevant documents to the european parliament and to the council .


### the replacement of the information on the mass of co2 emissions in the certificate of conformity referred to in article 18 of directive 2007 / 46 / ec with the information on total mass of co2 emissions equivalents , which shall be the sum of the mass of co2 emissions and methane emissions , expressed as equivalent mass of co2 emissions with regard to their greenhouse gas effects ; ### the review of the information on the mass of co2 emissions in the certificate of conformity referred to in article 18 of directive 2007 / 46 / ec , in the framework of the revision of regulation no 443 / 2009 , based on the information on total mass of co2 emissions equivalents , which should be considered to be the sum of the mass of co2 emissions and methane emissions , expressed as equivalent mass of co2 emissions with regard to their greenhouse gas effects ;