### the objectives of this regulation should not be affected by the fact that certain systems , components , separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market , registered or entered into service . appropriate measures should therefore be taken to ensure that the systems , components , separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled by an approval authority before they are placed on the market , registered or entered into service . ### the objectives of this regulation should not be affected by the fact that certain systems , components , separate technical units or parts and equipment can be fitted to or in a vehicle after that vehicle has been placed on the market , registered or entered into service . appropriate measures should therefore be taken to ensure that the systems , components , separate technical units or parts and equipment that can be fitted to or in vehicles and that can significantly impair the functioning of systems that are essential for environmental protection or functional safety are controlled and authorised in advance by an approval authority before they are placed on the market , registered or entered into service . the authority which issues the authorisation for such ancillary components shall inform the commission and other approval authorities and make available all the necessary documents and verify the prior control procedures .


### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by an appropriately qualified technical service designated for that purpose , and be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure the verification of the continued conformity of the products concerned . ### conformity of production is one of the cornerstones of the eu type - approval system , and therefore the arrangements set up by the manufacturer to ensure such conformity should be approved by the competent authority or by a technical service designated from among those providing exclusive services to the approval authorities , and be subject to regular verification by means of independent periodic audits . in addition , approval authorities should ensure the verification of the continued conformity of the products concerned .


### the assessment of reported serious risks to safety and of harm to public health and the environment should be conducted at national level , but coordination at union level should be ensured where the reported risk or harm may exist beyond the territory of one member state with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to mitigate the identified risk and harm . ### the assessment of risks to safety and of harm to public health and the environment should be conducted at national level , but coordination at union level should be ensured where the risk or harm may exist beyond the territory of one member state with the objective of sharing resources and ensuring consistency regarding the corrective action to be taken to eliminate the identified risk and harm .


### whereas technical progress introducing new methods or techniques for vehicle diagnostics and repair , such as remote access to vehicle information and software , should not weaken the objectives of this regulation with respect to access to repair and maintenance information for independent operators . ### whereas technical progress introducing new methods or techniques for vehicle diagnostics and repair , such as remote access to vehicle information and software , should strengthen the objectives of this regulation with respect to access to repair and maintenance information for independent operators .


### ‘ market surveillance’ means the activities carried out and measures taken by the market surveillance authorities to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety or any other aspect of public interest protection ; ### ‘ market surveillance’ means the activities carried out and measures taken by the market surveillance authority to ensure that vehicles , systems , components or separate technical units as well as parts and equipment made available on the market comply with the requirements set out in the relevant union legislation and do not endanger health , safety , the environment or any other aspect of public interest protection ;


### member states shall organise and carry out market surveillance and controls of vehicles , systems , components or separate technical units entering the market , in accordance with chapter iii of regulation no 765 / 2008 . ### the european market surveillance authority shall organise and carry out market surveillance and controls of vehicles , systems , components or separate technical units entering the market , in accordance with chapter iii of regulation no 765 / 2008 .


### member states shall take the necessary measures to ensure that market surveillance authorities may , where they consider it necessary and justified , be entitled to enter the premises of economic operators and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing . ### the european market surveillance authority , where it considers it necessary and justified , shall be entitled to enter the premises of economic operators and seize the necessary samples of vehicles , systems , components and separate technical units for the purposes of compliance testing .


### market surveillance authorities shall carry out their duties independently and impartially . they shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation of information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the european union . ### the market surveillance authority shall carry out its duties independently and impartially . it shall observe confidentiality where necessary in order to protect commercial secrets , subject to the obligation of information laid down in article 9 to the fullest extent necessary in order to protect the interests of users in the european union .


### market surveillance authorities shall perform regular checks to verify compliance of vehicles , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on an adequate scale , by means of documentary checks and real - drive and laboratory tests on the basis of statistically relevant samples . when doing so , market surveillance authorities shall take account of established principles of risk assessment , complaints and other information . ### the commission shall identify one of its own agencies as the most suitable one to perform the duties of european market surveillance authority . the latter shall perform regular checks to verify the compliance of vehicles in traffic and with different mileages , systems , components and separate technical units with the requirements set out in this regulation as well as with the correctness of the type approvals . those checks shall be performed on a scale sufficient to verify the conformity of at last 30% of the models on the market , by means of documentary checks and real - drive and laboratory tests . when doing so , the market surveillance authority shall take account of established principles of risk assessment , complaints and other information .


### market surveillance authorities shall require economic operators to make the documentation and information available as they consider necessary for the purpose of carrying out their activities . ### the market surveillance authority shall require economic operators to make the documentation and information available as it considers necessary for the purpose of carrying out their activities .


### market surveillance authorities shall take appropriate measures to alert users within their territories within an adequate timeframe of hazards they have identified relating to any vehicle , system , component and separate technical unit so as to prevent or reduce the risk of injury or other damage . ### the market surveillance authority shall forthwith take appropriate measures to alert eu users to hazards they have identified relating to any vehicle , system , component and separate technical unit so as to prevent or reduce the risk of injury or other damage .


### where the market surveillance authorities of one member state decide to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , they shall inform the economic operator concerned and where applicable the relevant approval authority . ### where the market surveillance authority decides to withdraw a vehicle , system , component and separate technical unit from the market in accordance with article 49 , it shall inform the economic operator concerned and where applicable the relevant approval authority .


### the commission shall organise and carry out , or require to be carried out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals . ### the surveillance authority shall organise and carry out , on an adequate scale , tests and inspections of vehicles , systems , components and separate technical units already made available on the market , with a view to verifying that those vehicles , systems , components and separate technical units conform to the type approvals and to applicable legislation as well as to ensure the correctness of the type approvals .


### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the commission a statistically relevant number of production vehicles , systems , components and separate technical units selected by the commission that are representative for the vehicles , systems , components and separate technical units available for placing on the market under that type - approval . those vehicles , systems , components and separate technical units shall be supplied for testing at the time and place and for the period the commission may require . ### manufacturers holding type - approvals or the economic operators shall , upon request , supply to the surveillance authority a statistically relevant number of production vehicles , systems , components and separate technical units selected by the agency that are representative for the vehicles , systems , components and separate technical units available for placing on the market under that type - approval . those vehicles , systems , components and separate technical units shall be supplied for testing at the time and place and for the period the surveillance authority may require .


### for the purpose of enabling the commission to carry out the testing referred to in paragraphs 1 and 2 , member states shall make available to the commission all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments referred to article 26 . ### for the purpose of enabling the agency to carry out the testing referred to in paragraphs 1 , 1a and 2 , member states shall make available to the agency all data related to the type - approval of the vehicle , systems , components and separate technical units subject to compliance verification testing . those data shall include at least the information included in the type - approval certificate and its attachments referred to article 26 .


### where the commission establishes that the vehicles tested or inspected do not comply with the type - approval requirements laid down in this regulation or any of the regulatory acts listed in annex iv or that the type approval has been granted on the basis of incorrect data , it shall require in accordance with article 54 without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements , or it shall take restrictive measures , either by requiring the economic operator to withdraw the vehicles concerned from the market , or to recall them within a reasonable period of time , depending on the seriousness of the established non - compliance . ### where the surveillance authority establishes that the vehicles tested or inspected do not comply with the type - approval requirements laid down in this regulation or any of the regulatory acts listed in annex iv or that the type approval has been granted on the basis of incorrect data , it shall require in accordance with article 54 without delay the economic operator concerned to take all appropriate corrective measures to bring the vehicles in compliance with those requirements , or it shall take restrictive measures , either by requiring the economic operator to withdraw the vehicles concerned from the market , or to recall them within a reasonable period of time , depending on the seriousness of the established non - compliance .


### the commission shall publish a report of its findings following any compliance verification testing it has carried out . ### the agency shall publish annual reports on its findings following any compliance verification testing it has carried out . the reports shall be accessible to the public , including the information on the results of the tests carried out and on the vehicles , systems , components or separate technical units that are not in conformity with the identity of the corresponding manufacturers .


### the commission shall publish a report of its findings following any compliance verification testing it has carried out . ### the commission shall publish a report of the findings following any compliance verification testing carried out by the surveillance authority .


### the manufacturer shall immediately inform the approval authority that has granted the approval in detail of the non - conformity and of any measures taken . ### the manufacturer shall immediately inform the approval authority that has granted the approval and the agency in detail of the non - conformity and of any measures taken .


### the manufacturer shall , upon a reasoned request from a national authority , provide that authority , through the approval authority , with a copy of the eu type - approval certificate or the authorisation referred to in article 55 demonstrating conformity of the vehicle , system , component or separate technical unit , in a language that can be easily understood by the national authority . ### the manufacturer shall , upon a reasoned request from a national authority or the agency , provide through the approval authority , with a copy of the eu type - approval certificate or the authorisation referred to in article 55 demonstrating conformity of the vehicle , system , component or separate technical unit , in a language that can be easily understood by the national authority .


### following a reasoned request from an approval authority , provide that authority with all the information and documentation necessary to demonstrate the conformity of production of a vehicle , system , component or separate technical unit ; ### following a reasoned request from an approval authority or the agency , provide with all the information and documentation necessary to demonstrate the conformity of production of a vehicle , system , component or separate technical unit , including any testing specifications used during type approval and access to software and algorithms ;


### cooperate with the approval or market surveillance authorities , at their request , on any action taken to eliminate the serious risk posed by vehicles , systems , components , separate technical units , parts or equipment covered by that mandate ; ### cooperate with the approval or market surveillance authorities or the agency , at their request , on any action taken to eliminate the serious risk posed by vehicles , systems , components , separate technical units , parts or equipment covered by that mandate ;


### cooperate with the approval or market surveillance authorities , at their request , on any action taken to eliminate the serious risk posed by vehicles , systems , components , separate technical units , parts or equipment covered by that mandate ; ### cooperate with the approval or market surveillance authorities , at their request , on any action taken to eliminate the risk posed by vehicles , systems , components , separate technical units , parts or equipment covered by that mandate ;


### the approval authority and technical services shall have access to the software and algorithms of the vehicle . ### the party applying for approval must supply to the authority all information concerning instruments , devices , software or strategies for deactivating emission control systems as referred to in article 5 of regulation 715 / 2007 . the approval authority and technical services shall have access to the software and algorithms of the vehicle .


### the approval authority shall refuse to grant eu type - approval where it finds that a type of vehicle , system , component or separate technical unit , albeit in compliance with the applicable requirements , presents a serious risk to safety or may seriously harm the environment or public health . in that case , it shall immediately send to the approval authorities of the other member states and to the commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings . ### the approval authority shall refuse to grant eu type - approval where it finds that a type of vehicle , system , component or separate technical unit , albeit in compliance with the applicable requirements , presents a risk to safety or may seriously harm the environment or public health . in that case , it shall immediately send to the approval authorities of the other member states and to the commission a detailed file explaining the reasons for its decision and setting out the evidence for its findings .


### the approval authority shall send , at three - monthly intervals , to the approval authorities of the other member states and the commission a list of the eu type - approvals for systems , components or separate technical units it has issued , amended , refused to grant or withdrawn during the preceding period . that list shall contain the information specified in annex xiv . ### the approval authority shall send , at three - monthly intervals , to the approval authorities of the other member states , the commission and the agency a list of the eu type - approvals for systems , components or separate technical units it has issued , amended , refused to grant or withdrawn during the preceding period . that list shall contain the information specified in annex xiv .


### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities . ### in order to verify that a vehicle , system , component or separate technical unit conforms to the approved type , the approval authority that has granted the eu type - approval shall carry out , on at least 1 / 3 of the new models approved , checks or tests required for eu type - approval , on samples taken at the premises of the manufacturer , including production facilities .


### where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued on a voluntary basis ; ### where the production of vehicles in conformity with the approved type of vehicle is permanently discontinued , i . e . when no vehicle of the type concerned was produced over a period of two years ;


### an approval authority that disagrees with the authorisation issued by another member state shall bring the reasons for its disagreement to the attention of the commission . the commission shall take the appropriate measures in order to resolve the disagreement , which may include , where necessary , requiring the withdrawal of the authorisation , after having consulted the relevant approval authorities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 . ### an approval authority that disagrees with the authorisation issued by another member state shall bring the reasons for its disagreement to the attention of the agency and the commission . the commission shall take the appropriate measures in order to resolve the disagreement , which may include , where necessary , requiring the withdrawal of the authorisation , after having consulted the relevant approval authorities . those implementing acts shall be adopted in accordance with the examination procedure referred to in article 87 .


### the approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough , and it shall communicate the remedies that it has approved to the approval authorities of the other member states and to the commission without delay . ### the approval authority shall carry out an evaluation to verify whether the proposed remedies are sufficient and timely enough , and it shall communicate the remedies that it has approved to the approval authorities of the other member states , to the agency and to the commission without delay .


### an approval authority may at any time , whether on its own initiative , on the basis of a complaint , or on the basis of an assessment by a technical service , check the compliance of a manufacturer with articles 65 to 70 , and with the terms of the certificate on access to vehicle obd and vehicle repair and maintenance information laid down in appendix 1 of annex xviii . ### an approval authority or the agency may at any time , whether on its own initiative , on the basis of a complaint , or on the basis of an assessment by a technical service , check the compliance of a manufacturer with articles 65 to 70 , and with the terms of the certificate on access to vehicle obd and vehicle repair and maintenance information laid down in appendix 1 of annex xviii .


### the type - approval authority shall be established , organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services . ### the type - approval authority shall be established , organised and operated so as to safeguard its objectivity and impartiality and to avoid any conflicts of interests with the technical services or manufacturers .


### the type - approval authority shall have a sufficient number of competent personnel at its disposal for the proper performance of the tasks foreseen by this regulation ### the type - approval authority shall have a sufficient number of competent personnel and resources at its disposal for the proper performance of the tasks foreseen by this regulation


### the outcome of the peer - review shall be communicated to all member states and to the commission and a summary of the outcome shall be made publicly available . it shall be discussed by the forum established in article 10 on the basis of an assessment of this outcome carried out by the commission and issue recommendations . ### if the audit demonstrates that the authority concerned has breached any of the requirements of this regulation , or has issued type - approvals to the vehicles , systems , components and separate technical units that are not in conformity with the union safety or environmental requirements , it shall immediately take all steps necessary to bring its procedures back in compliance in line with the recommendations issued by the audit . other member states shall not recognise the type approvals issued to vehicles , systems , components and separate technical units by the authority concerned on their territory until full compliance with the requirements of this regulation and the audit recommendations is put in place . the results of the audits shall be communicated to all member states , to the forum and third parties upon request , and a summary thereof shall be made publicly available . the forum shall discuss the results of the audits and follow - up on full implementation of the recommendations .


### the member states shall provide information to the commission and the other member states on how it has addressed the recommendations in the peer - review report . ### the member states shall provide information to the agency and the member states on how it has implemented the recommendations in the audit report .


### “3 . the commission shall keep under review the procedures , tests and requirements referred to in article 5 as well as the test cycles used to measure emissions . if the review finds that these are no longer adequate or no longer reflect real world emissions , they shall be adapted so as to adequately reflect the emissions generated by real driving on the road . the necessary measures , which are designed to amend non - essential elements of this regulation , by supplementing it , shall be adopted in accordance with the regulatory procedure with scrutiny referred to in article 15 . ” ### in article 14 paragraph 3 is replaced by the following : ' 3 . the commission shall keep under review the procedures , tests and requirements referred to in article 5 as well as the test procedures used to measure emissions in order to ensure that they are adequate , including with regard to defeat devices , and reflect real world emissions . the commission shall introduce and complete , in accordance with article 5 and without undue delay a real driving emissions test for all vehicles and pollutants to ensure the effectiveness of emission control systems and to enable the vehicle to comply with this regulation and its implementing measures in normal use throughout the normal life of the vehicles . the conformity factor for nox applicable from 2020 to all vehicles placed on the union market shall be no more than 1 , 18 . the conformity factor for pn applicable from 2020 to all vehicles placed on the union market shall be 1 . '


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


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


### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes . ### the investeu advisory hub should support the development of a robust pipeline of investment projects in each policy window providing for effective implementation of geographic diversification with a view to contributing to the union objective of economic , social , and territorial cohesion and reducing regional disparities . in addition , a cross - sectoral component under the investeu programme should be foreseen to ensure a single - entry point and cross - policy project development assistance for centrally managed union programmes .


### a representative action should offer an effective and efficient way of protecting the collective interests of consumers . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced by consumers within individual actions , such as the uncertainty about their rights and available procedural mechanisms , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action . ### a representative action should offer an effective and efficient way of protecting the collective interests and public interests recognised as such in the case law of the court of justice , including inter alia the following grounds : data protection ; public security ; public safety ; public health ; preserving the social security system ; the protection of consumers , recipients of services and workers ; fairness of trade transactions ; combating fraud ; the protection of the environment and the urban environment ; the health of animals ; the conservation of the national historic and artistic heritage ; social policy objectives and cultural policy objectives . it should allow qualified entities to act with the aim of ensuring compliance with relevant provisions of union law and to overcome the obstacles faced within individual actions , such as the uncertainty about their rights and available procedural mechanisms , psychological reluctance to take action and the negative balance of the expected costs and benefits of the individual action .


### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications and environment . it should cover infringements of provisions of union law which protect the interests of consumers , regardless of whether they are referred to as consumers or as travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests of consumers is adopted , whether to amend the annex to the present directive in order to place it under its scope . ### this directive should cover a variety of areas such as data protection , financial services , travel and tourism , energy , telecommunications , health and environment . it should cover infringements of provisions of union law which protect public interest and the interests of individuals , regardless of whether they are referred to as consumers or as workers , travellers , users , customers , retail investors , retail clients or other in the relevant union law . to ensure adequate response to infringement to union law , the form and scale of which is quickly evolving , it should be considered , each time where a new union act relevant for the protection of the collective interests is adopted , whether to amend the annex to the present directive in order to place it under its scope .


### as only qualified entities can bring the representative actions , to ensure that the collective interests of consumers are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law . these criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action . ### as only qualified entities can bring the representative actions , to ensure that the collective interests are adequately represented the qualified entities should comply with the criteria established by this directive . in particular , they would need to be properly constituted according to the law of a member state , which could include for example requirements regarding the number of members , the degree of permanence , or transparency requirements on relevant aspects of their structure such as their constitutive statutes , management structure , objectives and working methods . they should also be not for profit and have a legitimate interest in ensuring compliance with the relevant union law . these criteria should apply to both qualified entities designated in advance and to ad hoc qualified entities that are constituted for the purpose of a specific action .


### collective out - of - court settlements aimed at providing redress to harmed consumers should be encouraged both before the representative action is brought and at any stage of the representative action . ### collective out - of - court settlements aimed at providing redress to harmed individuals should be encouraged both before the representative action is brought and at any stage of the representative action .


### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for consumers affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned , including individual consumers . individual consumers concerned shall be given the possibility to accept or to refuse to be bound by such a settlement . ### member states may provide that a qualified entity and a trader who have reached a settlement regarding redress for individuals affected by an allegedly illegal practice of that trader can jointly request a court or administrative authority to approve it . such request should be admitted by the court or administrative authority only if there is no other ongoing representative action regarding the same practice . a competent court or administrative authority approving such collective settlement must take into consideration the interests and rights of all parties concerned . individuals concerned shall be given the possibility to accept or to refuse to be bound by such a settlement .


### ensuring that consumers are informed about a representative action is crucial for its success . consumers should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by consumers concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring traders infringing consumer rights . ### ensuring that individuals and the general public are informed about a representative action is crucial for its success . individuals and the general public should be informed of ongoing representative action , the fact that a trader ' s practice has been considered as a breach of law , their rights following the establishment of an infringement and any subsequent steps to be taken by individuals concerned , particularly for obtaining redress . the reputational risks associated with spreading information about the infringement are also important for deterring infringing traders .


### to be effective , the information should be adequate and proportional to the circumstances of the case . the infringing trader should adequately inform all consumers concerned of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority . such information may be provided for instance on the trader ' s website , social media , online market places , or in popular newspapers , including those distributed exclusively by electronic means of communication . if possible , consumers should be informed individually through electronic or paper letters . this information should be provided in accessible formats for persons with disabilities upon request . ### to be effective , the information should be adequate and proportional to the circumstances of the case . the infringing trader should adequately inform all individuals concerned as well as the general public of a final injunction and redress orders issued within the representative action as well as of a settlement approved by a court or administrative authority . such information may be provided for instance on the trader ' s website , social media , online market places , or in popular newspapers , including those distributed exclusively by electronic means of communication . if possible , individuals should be informed individually through electronic or paper letters . this information should be provided in accessible formats for persons with disabilities upon request .


### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests of consumers , while ensuring appropriate safeguards to avoid abusive litigation . ### this directive sets out rules enabling qualified entities to seek representative actions aimed at the protection of the collective interests and thereby in particular achieve and enforce a high level of consumer protection and of access to justice , while ensuring appropriate safeguards to avoid abusive litigation .


### this directive shall not prevent member states from adopting or maintaining in force provisions designed to grant qualified entities or any other persons concerned other procedural means to bring actions aimed at the protection of the collective interests of consumers at national level . ### this directive shall not prevent member states from adopting or maintaining in force provisions designed to ensure a higher level of consumer protection or to grant qualified entities or any other persons concerned more favourable procedural means to bring actions aimed at the protection of the collective interests at national level .


### ‘ collective interests of consumers’ means the interests of a number of consumers ; ### ‘ collective interests’ means the interests of a number of natural persons ;


### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected consumers at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all consumers concerned individually . ### member states shall ensure that the court or administrative authority shall require the infringing trader to inform affected individuals , in particular consumers and workers , as well as the general public at its expense about the final decisions providing for measures referred to in articles 5 and 6 , and the approved settlements referred to in article 8 , by means appropriate to the circumstance of the case and within specified time limits , including , where appropriate , through notifying all individuals concerned individually .


### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the consumers concerned . ### the information referred to in paragraph 1 shall include in intelligible language an explanation of the subject - matter of the representative action , its legal consequences and , if relevant , the subsequent steps to be taken by the individuals concerned . the modalities and timeframe of the information shall be designed in agreement with the court or administrative authority .


### member states shall ensure that the submission of a representative action as referred to in articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the consumers concerned , if the relevant rights are subject to a limitation period under union or national law . ### member states shall ensure that the submission of a representative action as referred to in articles 5 and 6 shall have the effect of suspending or interrupting limitation periods applicable to any redress actions for the individuals concerned , if the relevant rights are subject to a limitation period under union or national law .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and to ensure that there are effective reporting channels .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct or omission as well as potential breaches against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . _________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### persons who are considering reporting breaches of union law should be able to make an informed decision on whether , how and when to report . private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities . such information must be easily understandable and easily accessible , including , to any extent possible , also to other persons , beyond employees , who come in contact with the entity through their work - related activities , such as service - providers , distributors , suppliers and business partners . for instance , such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity . ### persons who are considering reporting breaches of union law should be able to make an informed decision on whether , how and when to report . private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities . such information must be easily understandable and easily accessible , including , to any extent possible , also to other persons , beyond employees , who come in contact with the entity through their work - related activities , such as service - providers , distributors , suppliers and business partners . for instance , such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity . they should also provide information on rights guaranteed to whistleblowers , particularly their right to disclosure guaranteed by this directive , and their right to turn to civil society organisations involved in whistleblower protection to this end , in particular those who provide strategic and legal advice to whistleblowers .


### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person . ### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person , irrespective of the nature of the activities , and whether they are paid or not . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person .


### breaches falling within the scope of the union acts set out in the annex as regards the following areas : ### breaches falling within the scope of the union acts , and&#160 ; especially those set out in the annex as regards the following areas :


### protection of the environment ; ### protection of the environment , sustainable development , waste management , sea , air and noise pollution , protection and management of water and soils , protecting the natural world and biodiversity as well as combating climate change and wildlife crime ;


### where specific rules on the reporting of breaches are provided for in sector - specific union acts listed in part 2 of the annex , those rules shall apply . the provisions of this directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector - specific union acts . ### where specific rules on the reporting of breaches are provided for in sector - specific union acts listed in part 2 of the annex , those rules shall apply . the provisions of this directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector - specific union acts . this paragraph shall apply only in cases where the protection foreseen in sector - specific acts is higher than the one guaranteed by this directive .


### a reasonable timeframe , not exceeding three months following the report , to provide feedback to the reporting person about the follow - up to the report ; ### a reasonable timeframe , not exceeding 30 days or three months in duly justified cases following the report , with an acknowledgement of the report within 30 days to provide feedback to the reporting person about the follow - up to the report ;


### he or she could not reasonably be expected to use internal and / or external reporting channels due to imminent or manifest danger for the public interest , or to the particular circumstances of the case , or where there is a risk of irreversible damage . ### he or she could not reasonably be expected to use internal and / or external reporting channels due , for instance , to imminent or manifest danger for the public interest , or to the particular circumstances of the case , or where there is a risk of irreversible damage .


### procedures for procurement relating to supplies contracts for defence products and supplies and services contracts for water , energy , transport and postal services and any other contract or service as regulated under union legislation : ### procedures for procurement relating to supplies contracts for defence products and supplies and services contracts for water , energy , transport and postal services and any other contract or service as regulated in particular under union legislation :


### safety requirements in the road sector as regulated by : ### safety requirements in the road sector as regulated in particular by :


### council directive 2009 / 71 / euratom of 25 june 2009 establishing a community framework for the nuclear safety of nuclear installations ; ### council directive 2009 / 71 / euratom of 25 june 2009 establishing a community framework for the nuclear safety of nuclear installations as well as council directive2014 / 87 / euratom of 8 july 2014 amending directive 2009 / 71 / euratom establishing a community framework for the nuclear safety of nuclear installations ;


### garticle 1 – food and feed safety , animal health and animal welfare : ### garticle 1 – food and feed safety , animal health and animal welfare : rules on food and feed safety , as regulated in particular by :


### protection of animal welfare as regulated by : ### protection of animal health and welfare as regulated in particular by :


### the office shall report to the eppo without undue delay any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the report shall be sent at any stage before or during an investigation of the office . ### the office shall immediately notify and report without undue delay to the eppo any criminal conduct in respect of which the eppo could exercise its competence in accordance with article 22 and article 25 and of regulation 2017 / 1939 . the notification and the report shall be sent at any stage before or during an investigation of the office .


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


### while the principles and main provisions of directive 2002 / 58 / ec of the european parliament and of the council22 remain generally sound , that directive has not fully kept pace with the evolution of technological and market reality , resulting in an inconsistent or insufficient effective protection of privacy and confidentiality in relation to electronic communications . those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services , but do not have to comply with the same set of rules . another development concerns new techniques that allow for tracking of online behaviour of end - users , which are not covered by directive 2002 / 58 / ec . directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation . _________________ 22 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector . ### while the principles and main provisions of directive 2002 / 58 / ec of the european parliament and of the council22 remain generally sound , that directive has not fully kept pace with the evolution of technological and market reality , resulting in an inconsistent or insufficient effective protection of privacy and confidentiality in relation to electronic communications . those developments include the entrance on the market of electronic communications services that from a consumer perspective are substitutable to traditional services , but do not have to comply with the same set of rules . another development concerns new techniques that allow for tracking of end - users , which are not covered by directive 2002 / 58 / ec . directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation . _________________ 22 directive 2002 / 58 / ec of the european parliament and of the council of 12 july 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector .


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


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


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


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


### exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end - user . this may include the storing of cookies for the duration of a single established session on a website to keep track of the end - user’s input when filling in online forms over several pages . cookies can also be a legitimate and useful tool , for example , in measuring web traffic to a website . information society providers that engage in configuration checking to provide the service in compliance with the end - user ' s settings and the mere logging of the fact that the end - user’s device is unable to receive content requested by the end - user should not constitute access to such a device or use of the device processing capabilities . ### exceptions to the obligation to obtain consent to make use of the input , output , processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no , or only very limited , intrusion of privacy . for instance , consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the user . this may include the storing of information for the duration of a single established session on a website to keep track of the end - user ' s input when filling in online forms over several pages . information society service providers that engage in configuration checking to provide the service in compliance with the user ' s settings and the mere logging of the fact that the user ' s device is unable to receive content requested by the user should not constitute illegitimate access .


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


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in a an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ' accept all cookies ' . therefore providers of hardware or software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers and activates as default the option to prevent the cross - domain tracking and storing information on the terminal equipment by other parties ; this is often presented as ' reject third party trackers and cookies ' . users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . these options may also be more fine - grained and , among other aspects , reflect the possibility that another party might act as a data processor in the meaning of regulation 2016 / 679 for the provider of the service . privacy settings should also include options to allow the user to decide , for example , whether flash , javascript or similar software can be executed , if a website can collect geo - location data from the user , or if it can access specific hardware such as a webcam or microphone . such privacy settings should be presented in an easily visible and intelligible manner , and users should be informed about the possibility to change the default privacy settings among the various options at the moment of installation or first use . information provided should not dissuade users from selecting higher privacy settings and should include relevant information about the risks associated to allowing cross - domain trackers , including the compilation of long - term records of individuals ' browsing histories and the use of such records to send targeted advertising or sharing with more third parties . hardware and software manufacturers should be required to provide easy ways for users to change the privacy settings at any time during use and to allow the user to make exceptions for or to whitelist certain information society services or to specify for such services websites trackers and cookies are always or never allowed . in case of no active choice , or action from the user , the settings shall be set by default in a manner that rejects and blocks trackers , including cookies , that are not strictly necessary in order to provide an information society service specifically requested by the user .


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


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


### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same . ### if end - users that are natural persons give their consent to their data being included in such directories , they should be able to determine on a consent basis which categories of personal data are included in the directory . in addition , providers of publicly available directories or the providers of electronic communications services should inform the end - users of the purposes of the directory and of the search functions of the directory before including them in that directory . end - users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched . the categories of personal data included in the directory and the categories of personal data on the basis of which the end - user ' s contact details can be searched should not necessarily be the same .


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


### directive 2002 / 58 / ec should be repealed . ### directive 2002 / 58 / ec and commission regulation 611 / 2013 should be repealed .


### 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 users , shall be prohibited , except when permitted by this regulation . this includes electronic communications data that is stored after the transmission has been completed .


### it is necessary to maintain or restore the security of electronic communications networks and services , or detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose . ### it is technically strictly necessary to maintain or restore the availability , integrity and confidentiality of the respective electronic communications networks or services , or to detect technical faults and / or errors in the transmission of electronic communications , for the duration necessary for that purpose ; or


### without prejudice to point of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a third party entrusted by them to record , store or otherwise process such data , in accordance with regulation 2016 / 679 . ### without prejudice to points and of article 6 and points and of article 6 , the provider of the electronic communications service shall erase electronic communications content after receipt of electronic communication content by the intended recipient or recipients . such data may be recorded or stored by the end - users or by a party , which could be the provider of the electronic communication service , specifically entrusted by the end - user to record , store or otherwise process such data . the end - user may further process the content in accordance with regulation 2016 / 679 , if applicable .


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


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


### software placed on the market permitting electronic communications , including the retrieval and presentation of information on the internet , shall offer the option to prevent third parties from storing information on the terminal equipment of an end - user or processing information already stored on that equipment . ### hardware and software placed on the market that enable access to and use of electronic communications services or access to and use of information society services shall be able to prevent other parties from the use of input , output , processing and storage capabilities of terminal equipment and the processing of information from users ' terminal equipment , or making information available through the terminal equipment , including information about and processed by its software and hardware .


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


### the independent supervisory authority or authorities responsible for monitoring the application of regulation 2016 / 679 shall also be responsible for monitoring the application of this regulation . chapter vi and vii of regulation 2016 / 679 shall apply mutatis mutandis . the tasks and powers of the supervisory authorities shall be exercised with regard to end - users . ### the independent supervisory authority or authorities responsible for monitoring the application of regulation 2016 / 679 shall also be responsible for monitoring the application of this regulation . chapter vi and vii of regulation 2016 / 679 shall apply mutatis mutandis . the tasks and powers of the supervisory authorities shall be exercised with regard to users and end - users .


### directive 2002 / 58 / ec is repealed with effect from 25 may 2018 . ### directive 2002 / 58 / ec and commission regulation 611 / 2013 are repealed with effect from 25 may 2018 .