### institutions for occupational retirement provision are financial service providers which bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation . ### institutions for occupational retirement provision are pension institutions that serve - first and foremost - a social purpose and which bear a heavy responsibility for the provision of occupational retirement benefits and therefore should meet certain minimum prudential standards with respect to their activities and conditions of operation . their social function and the triangular relationship between the employee , the employer and the institutions for occupational retirement provision should be fully recognized and supported as a guiding principle of this directive and occupational pension schemes based on collective agreements that take into account a gender perspective should be encouraged as it would play a significant role in the promotion of gender equality and in the reduction of pension inequalities between women and men


### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec . ### certain substances , mixtures and micro - organisms , commonly referred to as plant biostimulants , are not as such nutrients , but nevertheless stimulate plants ' nutrition processes . where such products aim solely at improving the plants ' nutrient use efficiency , tolerance to abiotic and biotic stress , or crop quality traits , they are by nature more similar to fertilising products than to most categories of plant protection products . such products should therefore be eligible for ce marking under this regulation and excluded from the scope of regulation no 1107 / 2009 of the european parliament and of the council21 . regulation no 1107 / 2009 should therefore be amended accordingly . __________________ 21 regulation no 1107 / 2009 of the european parliament and of the council of 21 october 2009 concerning the placing of plant protection products on the market and repealing council directives 79 / 117 / eec and 91 / 414 / eec .


### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 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 . ### this regulation should not prevent the application of existing union legislation relating to aspects of protection of health , safety and the environment not covered by this regulation . this regulation should therefore apply without prejudice to council directive 86 / 278 / eec22 , council directive 91 / 676 / eec22a , council directive 2000 / 60 / ec 22b , council directive 89 / 391 / eec23 , regulation no 1907 / 2006 of the european parliament and of the council24 , regulation no 1272 / 2008 of the european parliament and of the council25 , commission regulation no 1881 / 200626 , council directive 2000 / 29 / ec27 , regulation no 98 / 2013 of the european parliament and of the council28 , and regulation no 1143 / 2014 of the european parliament and of the council29 and council regulation no 834 / 2007 29a . __________________ 22 council directive 86 / 278 / eec of 12 june 1986 on the protection of the environment , and in particular of the soil , when sewage sludge is used in agriculture . 22a council directive 91 / 676 / eec of 12 december 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources 22b directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy 23 council directive 89 / 391 / eec of 12 june 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work . 24 regulation no 1907 / 2006 of the european parliament and of the council of 18 december 2006 concerning the registration , evaluation , authorisation and restriction of chemicals . 25 regulation no 1272 / 2008 of the european parliament and of the council of 16 december 2008 on classification , labelling and packaging of substances and mixtures . 26 commission regulation no 1881 / 2006 of 19 december 2006 setting maximum levels for certain contaminants in foodstuffs . 27 council directive 2000 / 29 / ec of 8 may 2000 on protective measures against the introduction into the community of organisms harmful to plants or plant products and against their spread within the community . 28 regulation no 98 / 2013 of the european parliament and of the council of 15 january 2013 on the marketing and use of explosives precursors . 29 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 . 29a council regulation no 834 / 2007 of 28 june 2007 on organic production and labelling of organic products


### ' 34 . ' plant biostimulant ' means a product stimulating plant nutrition processes independently of the product ' s nutrient content with the sole aim of improving one or more of the following characteristics of the plant : ### ' 34 . ' plant biostimulant ' means any naturally occurring substance or microorganism stimulating plant nutrition processes independently of its nutrient content , or any combination of such substances and / or microorganisms , with the sole aim of improving one or more of the following characteristics of the plant :


### a plant biostimulant shall be a ce marked fertilising product stimulating plant nutrition processes independently of the product ' s nutrient content with the sole aim of improving one or more of the following characteristics of the plant : ### a plant biostimulant shall be a ce marked fertilising product containing any naturally occurring substances or microorganism stimulating plant nutrition processes independently of the product ' s nutrient content , or any combination of such substances and / or microorganisms , with the sole aim of improving one or more of the following characteristics of the plant :


### as of [ publications office : please insert the date occurring 5 years after the date of application of this regulation ] , the compost shall contain no more than 2 , 5 g / kg dry matter of macroscopic impurities in the form of plastics above 2 mm . by [ publications office : please insert the date occurring 8 years after the date of application of this regulation ] the limit - value of 2 , 5 g / kg dry matter shall be re - assessed in order to take into account the progress made with regards to separate collection of bio - waste . ### as of [ publications office : please insert the date occurring 2 years after the date of application of this regulation ] , the compost shall contain no more than 2 , 5 g / kg dry matter of macroscopic impurities in the form of plastics above 2 mm . by [ publications office : please insert the date occurring 5 years after the date of application of this regulation ] the limit - value of 2 , 5 g / kg dry matter shall be re - assessed in order to take into account the progress made with regards to separate collection of bio - waste .


### for some carcinogens and mutagens it is necessary to consider other absorption pathways , including the possibility of penetration through the skin , in order to ensure the best possible level of protection . ### in accordance with the precautionary principle , it is essential to consider alternative absorption pathways for carcinogens , mutagens and reprotoxins , including the possibility of penetration through the skin , in order to ensure the highest possible level of protection for the health and safety of workers .


### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens , cannot be sufficiently achieved by the member states , but can be better achieved at eu level , the eu may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives . ### since the objectives of this directive , which are to improve living and working conditions and to protect the health of workers from the specific risks arising from exposure to carcinogens , mutagens and reprotoxic substances cannot be sufficiently achieved by the member states , but can be better achieved at eu level , the eu may adopt measures , in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in article 5 of the teu , this directive does not go beyond what is necessary in order to achieve those objectives


### ‘ limit value’ means , unless otherwise specified , the limit of the time - weighted average of the concentration for a ‘ carcinogen or mutagen’ in the air within the breathing zone of a worker in relation to a specified reference period as set out in annex iii to this directive . ### in article 2 , point c is replaced by the following : ' limit value ' means , unless otherwise specified , the limit of the time - weighted average of the concentration for a ' carcinogen mutagen or reprotoxic substance ' in the air within the breathing zone of a worker in relation to a specified reference period as set out in annex iii to this directive .


### present text this directive shall apply to activities in which workers are or are likely to be exposed to carcinogens or mutagens as a result of their work . ### in article 3 , paragraph 1 is replaced by the following : this directive shall apply to activities in which workers are or are likely to be exposed to carcinogens , mutagens or reprotoxic substances as a result of their work .


### present text 4 . when the risk assessment is carried out , employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall , inter alia , take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens or mutagens . ### in article 3 , paragraph 4 is replaced by the following : 4 . when the risk assessment is carried out , employers shall give particular attention to any effects concerning the health or safety of workers at particular risk and shall , inter alia , take account of the desirability of not employing such workers in areas where they may come into contact with carcinogens , mutagens or reprotoxic substances .


### present text the employer shall reduce the use of a carcinogen or mutagen at the place of work , in particular by replacing it , in so far as is technically possible , by a substance , preparation or process which , under its conditions of use , is not dangerous or is less dangerous to workers ' health or safety , as the case may be . ### in article 4 , paragraph 1 is replaced by the following : the employer shall reduce the use of a carcinogen , mutagen or reprotoxic substance at the place of work , in particular by replacing it , in so far as is technically possible , by a substance , mixture or process which , under its conditions of use , is not dangerous or is less dangerous to workers ' health or safety , as the case may be .


### present text 2 . where it is not technically possible to replace the carcinogen or mutagen by a substance , preparation or process which , under its conditions of use , is not dangerous or is less dangerous to health or safety , the employer shall ensure that the carcinogen or mutagen is , in so far as is technically possible , manufactured and used in a closed system . ### in article 5 , paragraph 2 is replaced by the following : 2 . where it is not technically possible to replace the carcinogen , mutagen or reprotoxic substance by a substance , mixture or process which , under its conditions of use , is not dangerous or is less dangerous to health or safety , the employer shall ensure that the carcinogen , mutagen or reprotoxic substance is , in so far as is technically possible , manufactured and used in a closed system .


### present text 4 . exposure shall not exceed the limit value of a carcinogen as set out in annex iii . ### in article 5 , paragraph 4 is replaced by the following : 4 . exposure shall not exceed the limit value of a carcinogen , mutagen or reprotoxic substance as set out in annex iii .


### present text the activities and / or industrial processes carried out , including the reasons for which carcinogens or mutagens are used ; ### in article 6 , point a is replaced by the following : the activities and / or industrial processes carried out , including the reasons for which carcinogens , mutagens or reprotoxic substances are used ;


### present text the quantities of substances or preparations manufactured or used which contain carcinogens or mutagens ; ### in article 6 , point b is amended as follows : the quantities of substances or mixtures manufactured or used which contain carcinogens , mutagens or reprotoxic substances ; '


### present text 2 . employers shall inform workers of installations and related containers containing carcinogens or mutagens , ensure that all containers , packages and installations containing carcinogens or mutagens are labelled clearly and legibly , and display clearly visible warning and hazard signs . ### in article 11 , paragraph 2 is replaced by the following : 2 . employers shall inform workers of installations and related containers containing carcinogens , mutagens or reprotoxic substances , ensure that all containers , packages and installations containing carcinogens , mutagens or reprotoxic substances are labelled clearly and legibly , and display clearly visible warning and hazard signs .


### present text 3 . if a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens or mutagens , the doctor or authority responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance . in that event , a reassessment of the risk of exposure shall be carried out in accordance with article 3 . ### in article 14 , paragraph 3 is replaced by the following : 3 . f a worker is found to be suffering from an abnormality which is suspected to be the result of exposure to carcinogens , mutagens or reprotoxic substances , the doctor or authority responsible for the health surveillance of workers may require other workers who have been similarly exposed to undergo health surveillance . in that event , a reassessment of the risk of exposure shall be carried out in accordance with article 3 .


### present text 8 . all cases of cancer identified in accordance with national laws and / or practice as resulting from occupational exposure to a carcinogen or mutagen shall be notified to the competent authority . ### article 14 , paragraph 8 is replaced by the following : 8 . all cases of cancer identified in accordance with national laws and / or practice as resulting from occupational exposure to a carcinogen , mutagen or reprotoxic substance shall be notified to the competent authority .


### present text the council shall , in accordance with the procedure laid down in article 137 of the treaty , set out limit values in directives on the basis of the available information , including scientific and technical data , in respect of all those carcinogens or mutagens for which this is possible , and , where necessary , other directly related provisions . ### in article 16 , paragraph 1 is replaced by the following : the council shall , in accordance with the procedure laid down in article 137 of the treaty , set out limit values in directives on the basis of the available information , including scientific and technical data , in respect of all those carcinogens , mutagens or reprotoxic substances for which this is possible , and , where necessary , other directly related provisions .


### present text 2 . purely technical adjustments to annex ii in the light of technical progress , changes in international regulations or specifications and new findings in the field of carcinogens or mutagens shall be adopted in accordance with the procedure laid down in article 17 of directive 89 / 391 / eec . ### in article 17 , paragraph 2 is replaced by the following : 2 . purely technical adjustments to annex ii in the light of technical progress , changes in international regulations or specifications and new findings in the field of carcinogens , mutagens or reprotoxic substances shall be adopted in accordance with the procedure laid down in article 17 of directive 89 / 391 / eec .


### present text the doctor and / or authority responsible for the health surveillance of workers exposed to carcinogens or mutagens must be familiar with the exposure conditions or circumstances of each worker . ### in annex ii , point 1 is replaced by the following : the doctor and / or authority responsible for the health surveillance of workers exposed to carcinogens , mutagens or reprotoxic substances must be familiar with the exposure conditions or circumstances of each worker .


### support collaborative research projects that could significantly boost the performance of future capabilities , aiming at maximising innovation and introducing new defence products and technologies , including disruptive ones ; ### support highly efficient collaborative research projects ;


### proposals shall be systematically screened to identify those actions raising complex or serious ethics issues and submit them to an ethics assessment . ethics screenings and assessments shall be carried out by the commission with the support of experts on defence ethics . the commission shall ensure the transparency of the ethics procedures as much as possible . ### all proposals shall be systematically screened ex - ante to identify those actions raising complex or serious ethics issues and submit them to an ex - ante ethics impact assessment . this review must extend beyond the narrow confines of privacy and data protection take into account the broader societal impacts of the underlying security r&d agenda . proposals that raise substantial ethical and / or societal impact concerns must be subject to enhanced scrutiny and control . in particular each project under that call will be subject to ethical review . ethics screenings and assessments shall be carried out by the commission with the support of independent experts with various background , including from civil society . the commission shall ensure the transparency of the ethics procedures and report every six months to the european parliament .


### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency shall be invited as an observer to provide its views and expertise . the european external action service shall also be invited to assist . ### the commission shall be assisted by a committee within the meaning of regulation no 182 / 2011 . the european defence agency , the european parliament , civil society and academia shall be invited as observers to provide&#160 ; their views and expertise . the european external action service shall also be invited to assist .


### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , business associations or enterprises of the defence sector with a view to establishing a list of experts . by derogation from article [ 237 ] of the financial regulation , this list shall not be made public . ### independent experts shall be union ' s citizens identified and selected on the basis of calls for expressions of interest addressed to relevant organisations such as ministries of defence and subordinated agencies , research institutes , universities , civil society organisations , business associations or enterprises of the defence sector with a view to establishing a list of experts . in compliance with the financial regulation , this list shall be made public .


### independent experts shall be chosen on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them . ### independent experts shall be chosen by the european commission on the basis of their skills , experience and knowledge appropriate to carry out the tasks assigned to them .


### the union is committed to developing a secure , competitive and decarbonised energy system by 205012 . to meet this goal , member states and investors need milestones to ensure that buildings are decarbonised by 2050 . in order to ensure this decarbonised building stock by 2050 , member states should identify the intermediary steps to achieving the mid - term and long - term objectives . __________________ 12 communication on an energy roadmap 2050 , 885 final ) . ### not at least in the light of the paris agreement , the union is committed to developing a secure , competitive and decarbonised energy system by 205012 . to meet this goal , member states and investors need a stable framework established through a clear long - term vision to achieve a nearly zero energy buildings stock by 2050 , with binding milestones to achieve the short - term , mid - term and long - term objectives . __________________ 12 communication on an energy roadmap 2050 , 885 final ) .


### innovation and new technology also make it possible for buildings to support the overall decarbonisation of the economy . for example , buildings can leverage the development of the infrastructure necessary for the smart charging of electric vehicles also provide a basis for member states , if they choose to , to use car batteries as a source of power . to reflect this aim , the definition of technical building systems should be extended . ### a holistic approach , deep renovation , innovation and new technologies also make it possible for whole neighbourhoods to become nearly zero energy districts , in which highly energy efficient buildings are key components of the local energy system and sustainable mobility plans . to reflect this aim , a holistic approach in spatial planning taking also into account non - energy co - benefits such as health and air quality , a focus on deep renovations , openness to future innovations and the extension of the definition and role of energy saving technical building systems is imperative .


### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . even cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today . provisions related to inspections are amended to ensure a better result from inspections . ### the impact assessment identified two existing sets of provisions , whose aim could be achieved in a more efficient manner compared to the current situation . first the obligation , before any construction starts , to carry out a feasibility study on highly - efficiency alternative systems becomes an unnecessary burden for new buildings and can be streamlined with the requirements to achieve nzebs standard . second , provisions related to inspections of heating systems and air - conditioning systems were found to not sufficiently ensure , in an efficient manner , the initial and maintained performance of these technical systems . even cheap technical solutions with very short payback periods , such as hydraulic balancing of the heating system and installation / replacement of thermostatic control valves , are insufficiently considered today and should be made mandatory . provisions related to inspections are amended to ensure a better result from inspections .


### notably for large installations , building automation and electronic monitoring of technical building systems have proven to be an effective replacement for inspections . the installation of such equipment should be considered as the most cost - effective alternative to inspections in large non - residential and multifamily buildings of a sufficient size that allow a payback of less than three years . the current possibility to opt for alternative measures is therefore deleted . for small scale installations , the documentation of the system performance by installers and the registration of this information in the databases on energy performance certification will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates role . in addition , existing regular safety inspections and programmed maintenance work will remain an opportunity to provide direct advice on energy efficiency improvements . ### passive building systems that do not consume energy in operation , effective facility management by professionals , as well as well - maintained energy and resource efficient building automation and control systems for the electronic monitoring of technical building systems have all their merits and deliver business cases for cost - effective and significant energy savings . in case of staged deep renovations the optimal order of efficiency improvements should be carefully planned . replacement and sizing of technical building systems and building automation and control systems should take into account plans for a staged deep renovation . in those cases , they allow continued savings generated beyond the payback period , which can be re - invested during the next phase of a staged - deep renovation . notably for large installations , building automation and control systems can be an effective complement for inspections . on the condition that they trigger action by owners and managers on the information provided , they can help maintaining energy savings over time , and thus the installation of such equipment should be considered as the most cost - effective alternative to inspections in large non - residential and multi - family buildings of a sufficient size that allow a payback of less than three years . the current possibility to opt for alternative measures is therefore deleted . it should be possible to exempt technical systems explicitly covered by an energy performance contract from an additional inspection requirement . for small scale installations , the documentation of the system performance by the installers and the registration of this information in the databases on energy performance certification by the certifiers will support the verification of compliance with the minimum requirements set for all technical building systems and reinforce energy performance certificates role . in addition , existing regular safety inspections and programmed maintenance work will remain an occasion to provide direct advice on the possibilities of energy efficiency improvements as well as renewable , alternative highly efficient installations .


### access to financing is easier when good - quality information is available . public buildings with a total useful floor area over 250 m² should therefore be required to disclose their actual energy consumption . ### access to financing is easier with an ambitious and stable long - term framework in place and when good - quality information is available . this information also includes epcs , information from maintenance and inspections and energy performance databases . public buildings , including those owned , managed and occupied by public authorities , whether owned by the member state , region , or municipality , or privately owned but publicly used buildings , should meet their role and lead by example by becoming nzeb buildings in accordance with directive 2012 / 27 / eu and disclose their actual energy consumption


### to meet the objectives of energy efficiency policy for buildings , the transparency of epcs should be improved by ensuring that that all necessary parameters for calculations , for both certification and minimum energy performance requirements , are set out and applied consistently . member states should put in place adequate measures to ensure , for example , that the performance of installed , replaced or updated technical building systems is documented in view of building certification and compliance checking . ### to meet the objectives of energy efficiency policy for buildings , the transparency and role of epcs should be strengthened by ensuring that that all necessary parameters for calculations , for both certification and minimum energy performance requirements , are set out and applied consistently , and by including recommendations on how the energy performance of the building could be improved . member states could make epcs evolve to individual building renovation passports and could put in place adequate measures to ensure , for example , that the performance of installed , replaced or updated technical building systems is documented in view of building certification and compliance checking .


### to guide investment decisions as referred to in point in paragraph 1 , member states shall introduce mechanisms for : ### to guide investment decisions as referred to in paragraph 1 , member states shall introduce mechanisms and make use of the measures of the smart finance for smart buildings initiative for :


### the aggregation of projects , to make it easier for investors to fund the renovations referred to in points and in paragraph 1 ; ### the aggregation of projects for example by using project development assistance , including in cities and communities , to make it easier for investors to fund the renovations referred to in paragraph 1 ;


### the smartness indicator shall cover flexibility features , enhanced functionalities and capabilities resulting from more interconnected and built - in intelligent devices being integrated into the conventional technical building systems . the features shall enhance the ability of occupants and the building itself to react to comfort or operational requirements , take part in demand response and contribute to the optimum , smooth and safe operation of the various energy systems and district infrastructures to which the building is connected . ; ### the smartness indicator shall cover flexibility and enhanced energy saving features , enhanced energy savings , benchmarking , functionalities and capabilities resulting from more interconnected and built - in intelligent devices being integrated into the conventional technical building systems . the features shall enhance the ability of occupants and the building itself to report energy consumption and indoor air quality conditions , react to comfort or operational requirements , take part in demand response and contribute to the optimum , efficient and safe operation of the various energy systems and district infrastructures to which the building is connected . ;


### ‘ 6 . member states shall link their financial measures for energy efficiency improvements in the renovation of buildings to the energy savings achieved due to such renovation . these savings shall be determined by comparing energy performance certificates issued before and after renovation . ’ ; ### ‘ 6 . member states shall link their financial measures , actions and policies for energy efficiency improvements in buildings to the energy savings achieved through deep or staged - deep renovation of buildings or districts with a view of reaching a nearly zero energy building stock by 2050 in the eu . these savings shall be determined by comparing real energy performance before and after renovation . non - energy benefits such as health benefits or increased air quality shall be considered by comparing appropriate reference values . ’ ;


### aggregated anonymised data compliant with eu data protection requirements shall be made available on request , at least for the public authorities for statistical and research purposes . ’ ; ### aggregated anonymised data compliant with eu data protection requirements shall be made publicly available , whereas the full datasets shall be available for the building owner .


### ‘ 1 . member states shall lay down the necessary measures to establish a regular inspection of the accessible parts of systems used for heating buildings , such as the heat generator , control system and circulation pump for non - residential buildings with total primary energy use of over 250mwh and for residential buildings with a centralised technical building system of a cumulated effective rated output of over 100 kw . that inspection shall include an assessment of the boiler efficiency and the boiler sizing compared with the heating requirements of the building . the assessment of the boiler sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime . ’ ; ### ‘ 1 . member states shall lay down the necessary measures to establish a regular , mandatory inspection of the accessible parts of systems used for heating buildings , such as the heat generator , control system and circulation pump for non - residential buildings and for residential buildings with a centralised technical building system of a cumulated effective rated output of over 20 kw . that inspection shall include an assessment of the heat generator efficiency , the heat generator sizing compared with the heating requirements of the building , and the heating system performance at full and part load conditions , including effectiveness of individual room temperature control and hydronic balancing , as well as the safety measures in place to protect against carbon monoxide poisoning and the leakage of any substances harmful to health and safety . the assessment of the heat generator sizing does not have to be repeated as long as no changes were made to the heating system or as regards the heating requirements of the building in the meantime . member states shall introduce measures to ensure that recommendations from inspections and maintenance are implemented within 3 months of the inspection . ’ ;


### ‘ 2 . as an alternative to paragraph 1 member states may set requirements to ensure that non - residential buildings with total primary energy use of over 250 mwh per year are equipped with building automation and control systems . these systems shall be capable of : ### ‘ 2 . member states shall set requirements to ensure that non - residential buildings with total primary energy use of over 250 mwh per year are equipped with building automation and control systems by 2023 . these systems shall be programmed and regularly maintained by professionals and capable of :


### as an alternative to paragraph 1 member states may set requirements to ensure that residential buildings with centralised technical building systems of a cumulated effective rated output of over 100 kw are equipped : ### member states shall set requirements to ensure that residential buildings with centralised technical building systems of a cumulated effective rated output of over 100 kw are equipped :


### as an alternative to paragraph 1 member states may set requirements to ensure that residential buildings with centralised technical building systems of a cumulated effective rated output of over 100 kw ### member states shall set requirements to ensure that residential buildings with centralised technical building systems of a cumulated effective rated output of over 12 kw are equipped :


### the calculation of primary energy shall be based on primary energy factors per energy carrier , which may be based on national or regional annual weighted averages or on more specific information made available for individual district system . ### the calculation of primary energy shall be based on primary energy factors per energy carrier , which shall be based on national or regional annual weighted averages .


### culture , cultural heritage and cultural diversity are of great value to european society from a cultural , environmental , social and economic point of view and should be promoted and supported . the rome declaration of 25 march 2017 as well as the european council in december 2017 stated that education and culture are key to building inclusive and cohesive societies for all , and to sustaining european competitiveness . ### culture , arts , cultural heritage , cultural diversity and the cultural ecosystem as a whole are of great value to european society from a cultural , educational , environmental , social and economic point of view and should be promoted and supported . the rome declaration of 25 march 2017 as well as the european council in december 2017 stated that education and culture are key to building inclusive and cohesive societies for all , and to sustaining european competitiveness .


### the promotion of european cultural diversity depends on the existence of flourishing and resilient cultural and creative sectors , able to create , produce and distribute their works to a large and diverse european audience . this thereby enlarges their business potential and contributes to sustainable growth and jobs creation . in addition , promotion of creativity contributes to boosting competitiveness and sparkling innovation in the industrial value chains . in spite of recent progress , the european cultural and creative market continues to be fragmented along national and linguistic lines , which do not allow the cultural and creative sectors to fully benefit from the european single market and the digital single market in particular . ### the promotion of european cultural diversity and common roots stems from and depends on the freedom of artistic expression , the capability and competences of artists and cultural operators , as well as the existence of flourishing and resilient cultural and creative sectors in the public and private domain and its ability to create , produce and distribute their works to a large and diverse european audience . in addition , their business potential contributes to sustainable growth and jobs creation , while the promotion of creation , artistic research and creativity contributes to generating new knowledge and driving forward artistic and cultural practices , boosting competitiveness and sparking creation and innovation .


### the programme should take into account the dual nature of the cultural and creative sectors , recognising , on the one hand , the intrinsic and artistic value of culture and , on the other , the economic value of those sectors , including their broader contribution to growth and competitiveness , creativity and innovation . this requires strong european cultural and creative sectors , in particular a vibrant european audiovisual industry , taking into account its capacity to reach large audiences and its economic importance , including for other creative sectors as well as cultural tourism . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry . ### the programme should take into account the multiple nature of the cultural and creative sectors , recognising , on the one hand , the intrinsic and artistic value of culture and , on the other , the social and economic value of those sectors . culture contributes significantly to intercultural dialogue and understanding , social cohesion , cultural development , sustainable growth and competitiveness , creation and creativity , innovation and knowledge generation . this requires strong european cultural and creative sectors , both in the for - profit and not - for - profit domains . this also requires a vibrant european audiovisual and music industry , taking into account its capacity to reach large audiences and its economic importance , including for other creative sectors as well as cultural tourism . however , competition in global audiovisual markets has been further intensified by the deepening digital disruption e . g . changes in media production , consumption and the growing position of global platforms in the distribution of content . therefore , there is a need to step - up the support to the european industry , while providing equal support to the rest of the cultural and creative sectors .


### to be effective , the programme should take into account the specific nature of the different sectors , their different target groups and their particular needs through tailor - made approaches within a strand dedicated to the audiovisual sector , a strand dedicated to the other cultural and creative sectors and a cross - sectoral strand . ### the programme should provide equal support to all cultural and creative sectors . to be effective , priority should be given to horizontal schemes targeting common needs across sectors . the programme may take into account specific challenges of the different sectors through dedicated strands . building on pilot projects , preparatory actions and studies , the programme should also implement , with an appropriate budget , the sectoral actions listed in the annex of the creative europe proposal .


### union intervention is needed in the audiovisual sector to accompany the union’s digital single market policies . this concerns notably the modernisation of the copyright framework and the proposed regulation on online transmissions of broadcasting organisations16 , as well as the proposal to amend directive 2010 / 13 / eu of the european parliament and of the council17 . they seek to strengthen the capacity of european audiovisual players to finance , produce and disseminate works that can be sufficiently visible on the different media of communication available and attractive to audiences in a more open and competitive market within europe and beyond . support should be scaled up in order to address recent market developments and notably the stronger position of global platforms of distribution in comparison to national broadcasters traditionally investing in the production of european works . __________________ 16 com 594 final 17 com / 2016 / 0287 final ### union intervention is needed in the audiovisual sector to accompany the union’s digital single market policies . this concerns notably the modernisation of the copyright framework and the updated audiovisual media services directive 2010 / 13 / eu of the european parliament and of the council17 . they seek to strengthen the capacity of european audiovisual players to create , finance , produce and disseminate works that can be sufficiently visible on the different media of communication available and attractive to audiences in a more open and competitive market within europe and beyond . support should be scaled up in order to address recent market developments and notably the stronger position of global platforms of distribution in comparison to national broadcasters traditionally investing in the production of european works . __________________ 16 com 594 final 17 com / 2016 / 0287 final


### since its creation , the european union youth orchestra has developed a unique expertise in promoting intercultural dialogue , mutual respect and understanding through culture . the particularity of the european union youth orchestra lies in the fact that it is a european orchestra that transcends cultural boundaries and is composed of young musicians selected in accordance with demanding artistic criteria through a rigorous annual audition process in all member states . therefore , it should be eligible for direct union support . ### since their creation , youth orchestras such as the european union youth orchestra have shown their european spirit and have developed an expertise in promoting intercultural dialogue , mutual respect and understanding through culture . these orchestras transcend cultural boundaries and are composed of young musicians selected in accordance with demanding artistic criteria .


### financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market . actions should have a clear european added value . ### financial support should be used to address market failures or sub - optimal investment situations , in a proportionate manner and actions should not duplicate or crowd out private financing or distort competition in the internal market . actions should have a clear european added value and be well - fitted for the specific projects they are supporting .


### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions . the activities may include the development , the creation , the production , the dissemination and the preservation of goods and services which embody cultural , artistic or other creative expressions , as well as related functions such as education or management . they will have a potential to generate innovation and jobs in particular from intellectual property . the sectors include architecture , archives , libraries and museums , artistic crafts , audiovisual , tangible and intangible cultural heritage , design , festivals , music , literature , performing arts , books and publishing , radio , and visual arts ; ### ' cultural and creative sectors ' means all sectors whose activities are based on cultural values or artistic and other individual or collective creative expressions and practices , whether those activities are market or non - market oriented . the activities may include the research and development , the creation , the production , the dissemination and the preservation of practices , goods and services which embody cultural , artistic or other creative expressions , as well as related functions such as education or management . they are expected to have a potential to generate innovation and jobs in particular from intellectual property . the sectors include architecture , archives , libraries and museums , artistic crafts , audiovisual , tangible and intangible cultural heritage , design , festivals , music , literature , performing arts , books and publishing , radio , and visual arts ;


### to increase the competitiveness of the cultural and creative sectors , in particular the audiovisual sector . ### to increase the innovation , creativity and competitiveness of all cultural and creative sectors , in particular the audiovisual sector .


### enhancing the economic , social and external dimension of european level cooperation to develop and promote european cultural diversity and europe ' s cultural heritage and strengthening the competitiveness of the european cultural and creative sectors and reinforcing international cultural relations ; ### enhancing the artistic , cultural , economic , social and external dimension of european level cooperation to develop and promote european cultural diversity and europe ' s cultural heritage , support mobility of artists and cultural operators and circulation of cultural and artistic works , and strengthening the competitiveness of the european cultural and creative sectors and reinforcing international cultural relations ;


### promoting policy cooperation and innovative actions supporting all strands of the programme , including the promotion of a diverse and pluralistic media environment , media literacy and social inclusion . ### promoting policy cooperation and innovative actions supporting all strands of the programme and all cultural and creative sectors , including the safeguarding of freedom of artistic expression and the promotion of diverse and pluralistic cultural and media environments , media literacy , social inclusion and intercultural dialogue .


### to strengthen the cross - border dimension and circulation of european cultural and creative operators and works ; ### to strengthen the cross - border dimension and diversity of european culture , especially with regards to the mobility of creative operators and to the circulation of artistic works ;


### to promote international capacity building of european cultural and creative sectors to be active at the international level ; ### to promote international capacity building of european cultural and creative sectors , including grass - roots and micro - organisations , to be active at the international level ;


### to promote cross cutting activities covering several sectors aiming at adjusting to the structural changes faced by the media sector , including enhancing a free , diverse , and pluralistic media environment , quality journalism and media literacy ; ### to promote cross cutting activities covering all sectors aiming at adjusting to the structural changes faced by the media sector , including enhancing a free , diverse , and pluralistic cultural and media environment , ensuring the bases for quality and investigative journalism and media literacy ;


### contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the financial regulation . the provisions laid down in [ article x of ] regulation xxx [ successor of the regulation on the guarantee fund ] shall apply . ### contributions to a mutual insurance mechanism may cover the risk associated with the recovery of funds due by recipients and shall be considered a sufficient guarantee under the financial regulation . the provisions laid down in [ article x of ] regulation xxx [ successor of the regulation on the guarantee fund ] , built on and taking into account the implementation practices already developed , shall apply .


### the programme shall be implemented by 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 programme shall be implemented by annual work programmes referred to in article 110 of the financial regulation . work programmes shall be preceded by consultations with the various stakeholders , in order to make sure that the actions planned will support at best the different sectors involved ; it shall as well set out , where applicable , the overall amount reserved for blending operations .


### support to the music sector : promoting diversity , creativity and innovation in the field of music , in particular the distribution of musical repertoire in europe and beyond , training actions and audience development for european repertoire , as well as support for data gathering and analysis ; ### support to the music sector : promoting diversity , creativity and innovation in the field of music for professionals and amateurs , in particular the circulation and distribution of a diverse european musical repertoire in europe and beyond , education , training , participation and access to music , cross - border mobility and networking opportunities for european artists , audience development for european repertoire , measures aiming at the visibility and recognition of creators , enhancing the creation and performance of music especially by young artists through supporting production of first and second works of emerging musicians and supporting the organisation of their live music performances , as well as support for data gathering and analysis ;


### support to other sectors : targeted actions in favour of the development of the creative aspects of the design and fashion sectors and cultural tourism as well as to their promotion and representation outside the european union . ### support to other sectors : targeted promotion actions raising awareness in and outside the european union about the creative aspects of the design and fashion sectors , as well as about a growing sustainable cultural tourism .


### support to business to business exchanges and networking activities to facilitate european and international co - productions ; ### support to business to business exchanges and networking activities to facilitate european and international co - productions and the circulation of european works ;


### stimulate cross border cooperation between professionals , institutions , platforms and networks within and across the policy areas and sectors covered by the programme ; ### support potential beneficiaries in application process , stimulate cross border cooperation between professionals , institutions , platforms and networks within and across the policy areas and sectors covered by the programme ;


### supporting high media production standards by fostering cooperation , cross - border collaborative journalism , and quality content ; ### supporting high media production standards by fostering cooperation , cross - border collaborative , investigative and long - form journalism , and quality content ;


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and communications networks irrespective of whether these services and networks are publicly available or not .


### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content . ### electronic communications data should be defined in a sufficiently broad and technology neutral way so as to encompass any information concerning the content transmitted or exchanged and the information concerning an end - user of electronic communications services processed for the purposes of transmitting , distributing or enabling the exchange of electronic communications content ; including data to trace and identify the source and destination of a communication , geographical location and the date , time , duration and the type of communication . whether such signals and the related data are conveyed by wire , radio , optical or electromagnetic means , including satellite networks , cable networks , fixed and mobile terrestrial networks , electricity cable systems , the data related to such signals should be considered as electronic communications metadata and therefore be subject to the provisions of this regulation . data generated , processed or transmitted by interpersonal communications services for the purpose of sending , transmitting or receiving such communications should be considered as electronic communications metadata from the perspective of the providers of these services but should still be considered as electronic communications content from the perspective of internet access providers . electronic communications metadata may include information that is part of the subscription to the service when such information is processed for the purposes of transmitting , distributing or exchanging electronic communications content .


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


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


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


### this regulation applies to the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services and to information related to the terminal equipment of end - users . ### this regulation applies to : the processing of electronic communications data carried out in connection with the provision and the use of electronic communications services , irrespective of whether a payment of the end - user is required ; the processing of information related to or processed by the terminal equipment of end - users ; the provision of publicly available directories of users of electronic communication ;


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


### electronic communications data shall be confidential . any interference with electronic communications data , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or processing of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . ### electronic communications shall be confidential . any processing of electronic communications data , including any interference with electronic communications data such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance of electronic communications data , by persons other than the end - users , shall be prohibited , except when permitted by this regulation . this includes electronic communications data that is stored after the transmission has been completed .


### providers of electronic communications services may process electronic communications metadata if : ### providers of electronic communications services may process electronic communications metadata only if :


### it is necessary for billing , calculating interconnection payments , detecting or stopping fraudulent , or abusive use of , or subscription to , electronic communications services ; or ### it is strictly necessary for billing , calculating interconnection payments , detecting or stopping fraudulent use of , or subscription to , electronic communications services and the user has given his or hers consent to such processing ; or


### the end - user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous . ### all users concerned have given their specific consent to the processing of their communications metadata by the respective electronic communications service for one or more specified purposes , including for the provision of specific services to such end - users , provided that the purpose or purposes concerned could not be fulfilled by processing data that is made anonymous , and the consent has not been a condition to access or use a service . providers have to consult the supervisory authority before such processing occurs .


### providers of the electronic communications services may process electronic communications content only : ### providers of electronic communications services may process electronic communications content only if :


### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or ### all&#160 ; users concerned have given their consent to the processing of his or her electronic communications content for the sole purpose of the provision of a specific service explicitly requested by the end - user , for the duration necessary for that purpose , &#160 ; provided that the provision of that specific service cannot be fulfilled without the processing of such content by the provider , and the consent has not been a condition to access or use a service ; or


### if all end - users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority . ### all users concerned have given their consent to the processing of their electronic communications content for one or more specified purposes that cannot be fulfilled by processing information that is made anonymous , and the provider has consulted the supervisory authority . points and of article 36 of regulation 2016 / 679 shall apply to the consultation of the supervisory authority .


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


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


### the end - user has given his or her consent ; or ### the user has given his or her consent for a specific purpose , and the consent has not been a condition to access or use a service , for the duration necessary for that purpose ; or


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


### the collection of information emitted by terminal equipment to enable it to connect to another device and , or to network equipment shall be prohibited , except if : ### the collection of information emitted by terminal equipment to enable it to connect to another device , or to network equipment shall be prohibited , except if :


### it is done exclusively in order to , for the time necessary for , and for the purpose of establishing a connection ; or ### it is done exclusively in order to , for the time necessary for , and for the purpose of establishing a connection , if this connection is requested by the user or the establishing of the connection is an integral part of the terminal equipment ' s functionality ; or


### regardless of whether the calling end - user has prevented the presentation of the calling line identification , where a call is made to emergency services , providers of publicly available number - based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of an end - user for the processing of metadata , on a per - line basis for organisations dealing with emergency communications , including public safety answering points , for the purpose of responding to such communications . ### regardless of whether the calling user or end - user has prevented the presentation of the calling line identification , where a call is made to emergency services , providers of publicly available number - based interpersonal communications services shall override the elimination of the presentation of the calling line identification and the denial or absence of consent of a user for the processing of metadata , on a per - line basis for organisations dealing with emergency communications , including public safety answering points , for the purpose of responding to such communications .


### to block incoming calls from specific numbers or from anonymous sources ; ### to block incoming calls from specific numbers or numbers having a specific code or prefix identifying the fact that the call is a marketing call referred to in&#160 ; article 16 , or from anonymous sources ;


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


### notwithstanding paragraph 1 , member states may provide by law that the placing of direct marketing voice - to - voice calls to end - users who are natural persons shall only be allowed in respect of end - users who are natural persons who have not expressed their objection to receiving those communications . ### notwithstanding paragraph 1 , member states may provide by law that the placing of direct marketing voice - to - voice calls to end - users who are natural persons shall only be allowed in respect of end - users who are natural persons who have not expressed their objection or have consented to receiving those communications . member states shall provide that users can object to receiving the unsolicited communications via a national do not call register , thereby also ensuring that the user is only required to opt out once


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


### the programme for the environment and climate action , established by regulation no 1293 / 2013 of the european parliament and of the council6 for the period 2014 to 2020 is the latest in a series of union programmes over 25 years which support the implementation of environmental and climate legislation and policy priorities . it was positively assessed in a recent mid - term evaluation7 as being on track to be effective , efficient and relevant . the 2014 - 2020 life programme should therefore be continued with certain modifications identified in the mid - term evaluation and subsequent assessments . accordingly , a programme for the environment and climate action should be established for the period starting 2021 . _________________ 6 regulation no 1293 / 2013 of the european parliament and of the council of 11 december 2013 on the establishment of a programme for the environment and climate action and repealing regulation no 614 / 2007 . 7 report on the mid - term evaluation of the programme for environment and climate action 355 final ) . ### the programme for the environment and climate action , established by regulation no 1293 / 2013 of the european parliament and of the council6 for the period 2014 to 2020 is the latest in a series of union programmes over 25 years which support the implementation of environmental and climate legislation and policy priorities . it was positively assessed in a recent mid - term evaluation7 as being highly cost - effective and on track to be effective , efficient and relevant . the 2014 - 2020 life programme should therefore be continued with certain modifications identified in the mid - term evaluation and subsequent assessments . accordingly , a programme for the environment and climate action should be established for the period starting 2021 . _________________ 6 regulation no 1293 / 2013 of the european parliament and of the council of 11 december 2013 on the establishment of a programme for the environment and climate action and repealing regulation no 614 / 2007 . 7 report on the mid - term evaluation of the programme for environment and climate action 355 final ) .


### pursuing the achievement of the union ' s objectives and targets set by environmental , climate and related clean energy legislation , policy , plans and international commitments , the programme should contribute to the shift towards a clean , circular , energy - efficient , low - carbon and climate - resilient economy , to the protection and improvement of the quality of the environment and to halting and reversing biodiversity loss , either through direct interventions or by supporting the integration of those objectives in other policies . ### pursuing the achievement of the union ' s objectives and targets set by environmental , climate and related clean energy legislation , policy , plans and international commitments , the programme should contribute to the shift towards a sustainable , circular , resource - and energy - efficient , net zero - emission and climate - resilient economy , to the protection and improvement of the environment , and of people ' s health and well - being , and to halting and reversing biodiversity loss , including through the support of the natura 2000 network and tackling the degradation of ecosystems and their services either through direct interventions or by supporting the integration of those objectives in other policies .


### the union is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic growth . in this spirit , the programme should make a material contribution to both economic development and social cohesion . ### the european union as a whole is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic growth . this will also support the creation of green jobs . in this spirit , the programme should make a material contribution to both sustainable economic development and social and territorial cohesion .


### the union is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic growth . in this spirit , the programme should make a material contribution to both economic development and social cohesion . ### the union is committed to developing a comprehensive response to the sustainable development goals of the united nations 2030 agenda for the sustainable development , which highlight the intrinsic connection between the management of natural resources to ensure their long - term availability , ecosystem services , their link to human health and sustainable and socially inclusive economic development . in this spirit , the programme should allow for a high level of solidarity and responsibility and make a material contribution to both economic development and social cohesion .


### the programme should contribute to sustainable development and to the achievement of the objectives and targets of the union environment , climate and relevant clean energy legislation , strategies , plans and international commitments , in particular the united nations 2030 agenda for the sustainable development8 , the convention on biological diversity9 and the paris agreement adopted under the united nations framework convention on climate change10 . _________________ 8 agenda 2030 , resolution adopted by un ga on 25 / 09 / 2015 . 9 93 / 626 / eec : council decision of 25 october 1993 concerning the conclusion of the convention on biological diversity , . 10 oj l 282 , 19 . 10 . 2016 , p . 4 . ### the programme should contribute to sustainable development and to the achievement of the international commitments , linked to the objectives and targets of the union environment , climate and relevant clean energy legislation , strategies , plans , in particular the united nations 2030 agenda for the sustainable development8 and its sustainable development goals , the convention on biological diversity9 , the paris agreement adopted under the united nations framework convention on climate change10 , the unece convention on access to information , public participation and access to justice in environmental matters , the convention on long - range transboundary air pollution , and the un basel , rotterdam and stockholm conventions . _________________ 8 agenda 2030 , resolution adopted by un ga on 25 / 09 / 2015 . 9 93 / 626 / eec : council decision of 25 october 1993 concerning the conclusion of the convention on biological diversity , . 10 oj l 282 , 19 . 10 . 2016 , p . 4 .


### for achieving the overarching objectives , the implementation of the circular economy package11 , the 2030 climate and energy policy framework12 , 13 , 14 , union nature legislation15 , as well as of related policies16 , 17 , 18 , 19 , 20 , is of particular importance . _________________ 11 com 614 final , 02 . 12 . 2015 . 12 2030 climate and energy policy framework , com15 , 22 . 01 . 2014 . 13 eu strategy on adaptation to climate change , com216 , 16 . 04 . 2013 . 14 clean energy for all europeans package , com 860 , 30 . 11 . 2016 . 15 action plan for nature , people and the economy , com198 , 27 . 04 . 2017 . 16 clean air programme for europe , com918 . 17 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 18 thematic strategy for soil protection , com231 . 19 low emission mobility strategy , com / 2016 / 0501 final . 20 action plan on alternative fuels infrastructure under article 10 of directive 2014 / 94 / eu , 8 . 11 . 2017 . ### for achieving the overarching objectives , the full implementation of the ongoing and future environmental action programme10a , encompassing all themes of the priority areas , the circular economy package11 , the 2030 climate and energy policy framework12 , 13 , 14 , the eu biodiversity strategy14a , the birds14b and habitats directives14c and the related action plan for nature15 , and any related union nature legislation , as well as of related policies16 , 17 , 18 , 19 , 20 , is of particular importance . _________________ 10a decision no 1386 / 2013 / eu of the european parliament and of the council of 20 november 2013 on a general union environment action programme to 2020 ‘ living well , within the limits of our planet’ . 11 com 614 final , 02 . 12 . 2015 . 12 2030 climate and energy policy framework , com15 , 22 . 01 . 2014 . 13 eu strategy on adaptation to climate change , com216 , 16 . 04 . 2013 . 14 clean energy for all europeans package , com 860 , 30 . 11 . 2016 . 14a our life insurance , our natural capital : an eu biodiversity strategy to 2020 , com / 2011 / 0244 final 14b directive 2009 / 147 / ec of the european parliament and of the council of 30 november 2009 on the conservation of wild birds 14c council directive 92 / 43 / eec of 21 may 1992 on the conservation of natural habitats and of wild fauna and flora 15 action plan for nature , people and the economy , com198 , 27 . 04 . 2017 . 16 clean air programme for europe , com918 . 17 directive 2000 / 60 / ec of the european parliament and of the council of 23 october 2000 establishing a framework for community action in the field of water policy . 18 thematic strategy for soil protection , com231 . 19 low emission mobility strategy , com / 2016 / 0501 final . 20 action plan on alternative fuels infrastructure under article 10 of directive 2014 / 94 / eu , 8 . 11 . 2017 .


### 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 and enhancing the union ' s efforts to achieve the sdgs requires the transformation of the union into an energy - and resource efficient , net zero - emission 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 and implementation of the union ' s mid - century and long - term decarbonisation strategy . many of those measures will bring significant benefits to the health and well - being of eu citizen . 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 transition to clean energy is an essential contribution to the mitigation of climate change with co - benefits for the environment . actions for capacity building supporting the clean energy transition , funded until 2020 under horizon 2020 , should be integrated in the programme since their objective is not to fund excellence and generate innovation , but to facilitate the uptake of already available technology that will contribute to climate mitigation . the inclusion of these capacity building activities into the programme offers potential for synergies between the sub - programmes and increases the overall coherence of union funding . therefore , data should be collected and disseminated on the uptake of existing research and innovation solutions in the life projects , including from the horizon europe programme and its predecessors . ### the transition to highly energy - efficient and fully renewables - based energy system is an essential contribution to the mitigation of climate change with co - benefits for the environment . actions for capacity building supporting the transition towards a highly energy - efficient and renewables - based energy system , funded until 2020 under horizon 2020 , should be integrated in the programme since their objective is not to fund excellence and generate innovation , but to facilitate the uptake of already available technology with decreasing costs especially for energy efficiency improvements that will contribute to climate mitigation . the inclusion of these capacity building activities into the programme offers potential for synergies between the sub - programmes and increases the overall coherence of union funding . therefore , data should be collected and disseminated on the uptake of existing research and innovation solutions in the life projects , including from the horizon europe programme and its predecessors .