### any member state and any country associated to horizon 2020 other than those listed in paragraph 1 may participate in prima provided it fulfils the condition laid down in point of article 4 of this decision . if it fulfils that condition , it shall be regarded as a participating state for the purposes of this decision . ### any member state and any country associated to horizon 2020 other than those listed in paragraph 1 may participate in prima provided it fulfils the condition laid down in point of article 4 and complies in particular with article 11 of this decision . if it fulfils these conditions , it shall be regarded as a participating state for the purposes of this decision .


### it fulfils the condition laid down in point of article 4 of this decision ; ### it fulfils the condition laid down in point of article 4 and complies in particular with article 11of this decision ;


### the establishment of a governance model for prima in accordance with article 12 ; ### the establishment of an efficient governance model for prima in accordance with article 12 ;


### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states through their national funding bodies in implementing activities referred to in article 6 , less any direct or indirect union financial contribution to those costs . ### in - kind contributions referred to in point of paragraph 2 of this article shall consist of costs incurred by the participating states in implementing activities referred to in article 6 , less any direct or indirect union financial contribution to those costs .


### contributions referred to in points and of paragraph 2 counting as contributions from participating states shall be made after the entry into force of this decision for the activities included in the first prima annual work plan , and after adoption of the subsequent annual work plans by the prima - is . ### contributions referred to in points , and of paragraph 2 counting as contributions from participating states shall be made after the adoption of the annual work plan . if the annual work plan is adopted during the reference year referred to in article 6 , the contributions referred to in point of paragraph 2 counting as contributions from participating states included in the annual work plan may comprise contributions made as from 1 january of that year . by way of derogation from the first subparagraph , the contributions referred to in point of paragraph 2 counting as contributions from participating states included in the first annual work plan may comprise contributions made after the entry into force of this decision .


### prima shall be implemented on the basis of annual work plans , to be adopted by the prima - is , after obtaining approval by the commission , by the end of the previous year . as an exception , the prima annual work plan for 2018 may be adopted by 31 march 2018 . the prima - is shall make the annual work plan publicly available . ### prima shall be implemented on the basis of annual work plans , covering activities to be launched in the period from 1 january to 31 december of a given year . the annual plan shall to be adopted by the prima - is by 31 march of the reference year , after obtaining approval by the commission without undue delay . if the commission does not respond to the request for approval work plan proposal in one month , it shall be deemed approved , the prima - is shall make the annual work plan publicly available .


### the proposals shall be selected following transnational calls for proposals and through a two - step procedure . step 1 shall consist of a review at national or transnational level of proposals submitted by legal entities eligible for funding under the relevant national programmes . step 2 shall consist of a single independent international peer review organised by the prima - is . under step 2 , the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following award criteria : excellence , impact , quality and efficiency of the implementation . ### the proposals shall be selected following transnational calls for proposals . the proposals shall be evaluated with the assistance of at least three independent experts , on the basis of the following selection and award criteria : a fair balance between small and larger projects , relevance , scientific and technological excellence , impact , scientific quality and efficiency of the implementation .


### proposals shall be ranked according to the evaluation results . the selection shall be made by the prima - is on the basis of this ranking . the participating states shall agree on an adequate funding mode that allows maximising the number of proposals to be funded on the basis of this ranking , in particular by providing reserve amounts to the national contributions for calls for proposals . ### proposals shall be ranked according to the evaluation results . the selection shall be made by the prima - is and shall follow this ranking . the participating states shall agree on an adequate funding mode that allows maximising the number of proposals to be funded on the basis of this ranking , in particular by providing reserve amounts to the national contributions for calls for proposals . in case one or more projects cannot be funded , the projects following directly in the ranking list may be selected .


### by way of derogation from point of article 9 of regulation no 1290 / 2013 , the minimum number of participants shall be three legal entities established in three different participating states of which : ### by way of derogation from point of article 9 of regulation no 1290 / 2013 , the minimum number of participants shall be three legal entities established in three different countries considered as participating states in accordance with this decision by the submission deadline under the relevant call for proposals , of which :


### the general assembly ; ### the board of trustees , which will have a chair and a co - chair ;


### the secretariat ; ### the secretariat , headed by the director ;


### the scientific advisory board . ### the scientific advisory committee .


### the scientific advisory board shall : ### the scientific advisory committee shall


### the general assembly shall adopt , after obtaining approval from the commission : ### the board of trustees shall adopt , after obtaining approval from the commission :


### each participating state shall have one vote in the general assembly . the decisions shall be taken by consensus . failing that , the general assembly shall take its decisions by a majority of at least 75% of the votes . approval of the participation in prima of any third country not associated to horizon 2020 other than those listed in article 1 shall be by unanimity . ### each participating state shall have one vote in the board of trustees . the decisions shall be taken by consensus . failing that , the board of trustees shall take its decisions by a majority of at least 75% of the valid cast votes .


### the union , represented by the commission , shall be invited to all the meetings of the general assembly as an observer , and may take part in the discussions . it shall receive all necessary documents . ### the union , represented by the commission , shall be invited to all the meetings of the board of trustees as an observer , and may take part in the discussions . it shall receive all necessary documents .


### the general assembly shall establish the secretariat of the prima - is as the executive body of prima . ### the secretariat shall be the executive body of prima .


### the general assembly shall appoint a scientific advisory board consisting of independent experts from the participating states , competent in areas relevant to prima . the general assembly shall establish the number of scientific advisory board members , their voting rights and the arrangements for their appointment in accordance with article 40 of regulation no 1290 / 2013 . ### the board of trustees shall appoint a scientific advisory board committee consisting of independent e , competent in areas relevant to prima . the board of trustees shall establish the number of scientific advisory committee members , and the arrangements for their appointment in accordance with article 40 of regulation no 1290 / 2013 .


### advise the general assembly on strategic priorities and needs ; ### advise the board of trustees on strategic priorities and needs ;


### advise the general assembly on the content and scope of the draft prima annual work plan from a scientific and technical standpoint ; ### advise the board of trustees on the content and scope of the draft prima annual work plan from a scientific and technical standpoint ;


### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences and political views , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications may also reveal very sensitive and personal information . these metadata includes the numbers called , the websites visited , geographical location , the time , date and duration when an individual made a call etc . , allowing precise conclusions to be drawn regarding the private lives of the persons involved in the electronic communication , such as their social relationships , their habits and activities of everyday life , their interests , tastes etc . ### the content of electronic communications may reveal highly sensitive information about the natural persons involved in the communication , from personal experiences and emotions to medical conditions , sexual preferences , political views and religious beliefs , the disclosure of which could result in personal and social harm , economic loss or embarrassment . similarly , metadata derived from electronic communications is highly confidential and 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 a priority concern and of great importance . specific rules should therefore be drawn up to boost confidence in the digital single market and make it more secure .


### 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 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 also an essential condition for the respect of other related fundamental rights and freedoms , such as the protection of freedom of thought , conscience and religion , and freedom of expression and information .


### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore does not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with this regulation . ### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore does not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . processing of electronic communications data by providers of electronic communications services should only be permitted provided that guarantees regarding data processing are respected in accordance with this regulation .


### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore does not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with this regulation . ### the provisions of this regulation particularise and complement the general rules on the protection of personal data laid down in regulation 2016 / 679 as regards electronic communications data that qualify as personal data . this regulation therefore should not lower the level of protection enjoyed by natural persons under regulation 2016 / 679 . on the contrary , it aims to provide additional , and complementary , safeguards taking into account the need for additional protection as regards the confidentiality of communications . processing of electronic communications data by providers of electronic communications services should only be permitted in accordance with , and on a legal ground specifically provided for under , this regulation .


### this regulation should apply to electronic communications data processed in connection with the provision and use of electronic communications services in the union , regardless of whether or not the processing takes place in the union . moreover , in order not to deprive end - users in the union of effective protection , this regulation should also apply to electronic communications data processed in connection with the provision of electronic communications services from outside the union to end - users in the union . ### this regulation should apply to electronic communications data processed in connection with the provision and use of electronic communications services in the union , regardless of whether or not the processing takes place in the union . moreover , in order not to deprive end - users in the union of effective protection , security and a high level of confidentiality , this regulation should also apply to electronic communications data processed in connection with the provision of electronic communications services from outside the union to end - users in the union .


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


### 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 the processing of electronic communications data by public authorities , computer emergency response teams , computer security incident response teams , providers of electronic communications networks and services and by certified providers of security technologies and services , in compliance with regulation 2016 / 679 and to the extent strictly necessary and proportionate for the sole purposes of ensuring network and information security , i . e . preservation of availability , integrity and confidentiality of information , and ensuring the security of the related services offered by , or accessible via , those networks and systems . this could , for example , include preventing unauthorised access to electronic communications networks and malicious code distribution and stopping ‘ denial of service’ attacks and damage to computer and electronic communication systems , checking security threats such as the presence of malware , spam or to check against ddos attacks , or the processing of metadata 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 . this regulation provides for the possibility of providers of electronic communications services to process electronic communications data at rest or in transit , with the informed consent of all the users concerned . for example , providers may offer services that entail the scanning of e - mails 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 user where the 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 user and received by the intended user or users , it may be recorded or stored by the user , users or by another party entrusted by them to record or store such data . any processing of such data must comply with regulation 2016 / 679 .


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


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


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


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


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


### 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 or direct marketing , 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 , e - mails , 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 and 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 equivalently high level of protection for all individuals 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 .


### to ensure full consistency with regulation 2016 / 679 , the enforcement of the provisions of this regulation should be entrusted to the same authorities responsible for the enforcement of the provisions regulation 2016 / 679 and this regulation relies on the consistency mechanism of regulation 2016 / 679 . member states should be able to have more than one supervisory authority , to reflect their constitutional , organisational and administrative structure . the supervisory authorities should also be responsible for monitoring the application of this regulation regarding electronic communications data for legal entities . such additional tasks should not jeopardise the ability of the supervisory authority to perform its tasks regarding the protection of personal data under regulation 2016 / 679 and this regulation . each supervisory authority should be provided with the additional financial and human resources , premises and infrastructure necessary for the effective performance of the tasks under this regulation . ### to ensure full consistency with regulation 2016 / 679 , the enforcement of the provisions of this regulation should be entrusted to the same authorities responsible for the enforcement of the provisions regulation 2016 / 679 and this regulation relies on the consistency mechanism of regulation 2016 / 679 . member states should be able to have more than one supervisory authority , to reflect their constitutional , organisational and administrative structure . the supervisory authorities should also be responsible for monitoring the application of this regulation regarding electronic communications data for legal entities . where more than one supervisory authority is established in a member state , such authorities should cooperate with each other . they should also cooperate with the authorities appointed to enforce the european electronic communications code and other relevant enforcement authorities , such as the authorities tasked with consumer protection . such additional tasks should not jeopardise the ability of the supervisory authority to perform its tasks regarding the protection of personal data under regulation 2016 / 679 and this regulation . each supervisory authority should be provided with the additional financial and human resources , premises and infrastructure necessary for the effective performance of the tasks under this regulation .


### each supervisory authority should be competent on the territory of its own member state to exercise the powers and to perform the tasks set forth in this regulation . in order to ensure consistent monitoring and enforcement of this regulation throughout the union , the supervisory authorities should have the same tasks and effective powers in each member state , without prejudice to the powers of prosecutorial authorities under member state law , to bring infringements of this regulation to the attention of the judicial authorities and engage in legal proceedings . member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation . ### each supervisory authority should be competent on the territory of its own member state to exercise the powers and to perform the tasks set forth in this regulation . in order to ensure consistent monitoring and enforcement of this regulation throughout the union , the supervisory authorities should have the same tasks and effective powers in each member state , without prejudice to the powers of prosecutorial authorities under member state law , to bring infringements of this regulation to the attention of the judicial authorities and engage in legal proceedings . member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation . supervisory authorities should cooperate with the relevant authorities in other enforcement areas as appropriate .


### each supervisory authority should be competent on the territory of its own member state to exercise the powers and to perform the tasks set forth in this regulation . in order to ensure consistent monitoring and enforcement of this regulation throughout the union , the supervisory authorities should have the same tasks and effective powers in each member state , without prejudice to the powers of prosecutorial authorities under member state law , to bring infringements of this regulation to the attention of the judicial authorities and engage in legal proceedings . member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation . ### each supervisory authority should be competent on the territory of its own member state to exercise the powers and to perform the tasks , including adopting binding decisions , set forth in this regulation . in order to ensure consistent monitoring and enforcement of this regulation throughout the union , the supervisory authorities should have the same tasks and effective powers in each member state , including powers of investigation , corrective powers and sanctions , and authorisation and advisory powers , without prejudice to the powers of prosecutorial authorities under member state law , to bring infringements of this regulation to the attention of the judicial authorities and engage in legal proceedings . member states and their supervisory authorities are encouraged to take account of the specific needs of micro , small and medium - sized enterprises in the application of this regulation .


### ‘ electronic communications metadata’ means data processed in an electronic communications network for the purposes of transmitting , distributing or exchanging electronic communications content ; including data used to trace and identify the source and destination of a communication , data on the location of the device generated in the context of providing electronic communications services , and the date , time , duration and the type of communication ; ### ‘ electronic communications metadata’ means data related to a user or electronic communications service , processed for the purposes of transmitting , distributing or exchanging electronic communications content and any other communications related data processed for the provision of the service , which is not considered content ; including data to trace and identify the source and destination of a communication , and the date , time , duration and the type of communication ; it includes data broadcasted or emitted by the terminal equipment to identify users ' communications and / or the terminal equipment or its location and enable it to connect to a network or to another device ;


### 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 interference , with electronic communications at rest or in transit , such as by listening , tapping , storing , monitoring , scanning or other kinds of interception , surveillance or any processing of electronic communications , by persons other than the users , shall be prohibited , except when permitted by this regulation .


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


### it is necessary to meet mandatory quality of service requirements pursuant to [ directive establishing the european electronic communications code ] or regulation 2015 / 212028 for the duration necessary for that purpose ; or __________________ 28 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union . ### it is strictly necessary to meet mandatory quality of service requirements pursuant to [ directive establishing the european electronic communications code ] or regulation 2015 / 212028 for the duration technically necessary for that purpose ; or __________________ 28 regulation 2015 / 2120 of the european parliament and of the council of 25 november 2015 laying down measures concerning open internet access and amending directive 2002 / 22 / ec on universal service and users’ rights relating to electronic communications networks and services and regulation no 531 / 2012 on roaming on public mobile communications networks within the union .


### 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 point 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 users or by a specific other party entrusted by them to record , store or otherwise process such data .


### it is done exclusively in order to , for the time necessary for , and for the purpose of establishing a connection ; or ### it is done exclusively in order to , for the time necessary for , and for the sole purpose of establishing a connection requested by the user ; or


### the definition of and conditions for consent provided for under articles 4 and 7 of regulation 2016 / 679 / eu shall apply . ### the definition of and conditions for consent provided for under articles 4 and 7 of regulation 2016 / 679 / eu shall apply . the application of art . 7 of regulation 2016 / 679 / eu must not oblige providers of information society services to offer a service without data processing which the service provider means to provide together with the service like e . g . data processing for the purpose of advertising .


### committee ### committee procedure


### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives . ### with 1 . 8% of eu gdp , down from 2 . 2% in 2009 , infrastructure investment activities in the union in 2016 were about 20% below investment rates before the global financial crisis , sometimes with serious consequences . thus , while a recovery in investment - to - gdp ratios in the union can be observed , it remains below what might be expected in a strong recovery period and is insufficient to compensate years of underinvestment . more importantly , the current investment levels and forecasts do not cover the union ' s structural investment needs in the face of technological change and global competitiveness , including for innovation , skills , infrastructure , small and medium - sized enterprises and the need to address key societal challenges such as sustainability or population ageing . consequently , continued support is necessary to address market failures and sub - optimal investment situations to reduce the investment gap in targeted sectors to achieve the union ' s policy objectives .


### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants . ### the investeu fund should support investments in tangible and intangible assets to foster growth , investment and employment , and thereby contributing to improved well - being , the combating of poverty and fairer income distribution in the union . intervention through the investeu fund should complement union support delivered through grants .


### 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 tangible transport infrastructure or energy infrastructure , including energy efficiency and renewable energy , environmental , climate action , or 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 .


### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk and lack of sufficient collateral . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products . ### small and medium - sized enterprises play a crucial role in the union . however , they face challenges when accessing finance because of their perceived high risk , lack of sufficient collateral and lack of capital . additional challenges arise from smes ' need to stay competitive by engaging in digitisation , internationalisation and innovation activities and skilling up their workforce . moreover , compared to larger enterprises , they have access to a more limited set of financing sources : they typically do not issue bonds , have only limited access to stock exchanges or large institutional investors . the challenge in accessing finance is even greater for those smes whose activities focus on intangible assets . smes in the union rely heavily on banks and debt financing in the form of bank overdrafts , bank loans or leasing . supporting smes that face the above challenges and providing more diversified sources of funding is necessary for increasing the ability of smes to finance their creation , growth and development , withstand economic downturns , and for making the economy and the financial system more resilient during economic downturn or shocks . this is also complementary to the initiatives already undertaken in the context of the capital markets union . the investeu fund should provide an opportunity to focus on specific , more targeted financial products .


### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee . ### the eu guarantee underpinning the investeu fund should be implemented indirectly by the commission relying on implementing partners with outreach to final recipients . a guarantee agreement allocating guarantee capacity from the investeu fund should be concluded by the commission with each implementing partner , to support its financing and investment operations meeting the investeu fund objectives and eligibility criteria . the investeu fund should be provided with a specific governance structure to ensure the appropriate use of the eu guarantee but without generating an excessive administrative burden .


### in order to ensure a wide geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a local presence of the investeu advisory hub should be ensured , where needed , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground . ### in order to ensure a wide and fair geographic outreach of the advisory services across the union and to successfully leverage local knowledge about the investeu fund , a local presence of the investeu advisory hub should be ensured , especially in areas performing poorest in the awarding of contracts , taking into account existing support schemes , with a view to provide tangible , proactive , tailor - made assistance on the ground .


### in the context of the investeu fund , there is a need for capacity building support to develop the organisational capacities and market making activities needed to originate quality projects . moreover , the aim is to create the conditions for the expansion of the potential number of eligible recipients in nascent market segments , in particular where the small size of individual projects raises considerably the transaction cost at the project level , such as for the social finance ecosystem . the capacity building support should therefore be complementary and additional to actions undertaken under other union programmes that cover a specific policy area . ### in the context of the investeu fund , there is a need for capacity building support to develop the organisational capacities and market making activities needed to originate quality projects , particularly in less developed countries . moreover , the aim is to create the conditions for the expansion of the potential number of eligible recipients in nascent market segments , in particular where the small size of individual projects raises considerably the transaction cost at the project level , such as for the social finance ecosystem . the capacity building support should therefore be complementary and additional to actions undertaken under other union programmes that cover a specific policy area .


### the investeu programme should address eu - wide market failures and sub - optimal investment situations and provide for union - wide market testing of innovative financial products , and systems to spread them , for new or complex market failures . therefore , action at union level is warranted , ### the investeu programme should address eu - wide market shortcomings and failures and sub - optimal investment situations and provide for union - wide market testing of innovative financial products , and systems to spread them , for new or complex market failures . therefore , action at union level is warranted ,


### the integration of the union capital markets and the strengthening of the single market , including solutions addressing the fragmentation of the union capital markets , diversifying sources of financing for union enterprises and promoting sustainable finance . ### the integration of the union capital markets and the strengthening of the single market , including solutions addressing the fragmentation of the union capital markets , diversifying sources of financing for union enterprises , in particular smes and start - ups , and promoting sustainable finance .


### the amount referred to in paragraph 3 may also be used for technical and administrative assistance for the implementation of the investeu programme , such as preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems . ### the amount referred to in paragraph 3 may also be used for technical and administrative assistance for the implementation of the investeu programme , such as information , training , preparatory , monitoring , control , audit and evaluation activities including corporate information technology systems .


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


### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ; ### sustainable infrastructure policy window : comprises sustainable investment in the areas of transport , tourism , energy , digital connectivity , supply and processing of raw materials , space , oceans and water , waste , nature and other environment infrastructure , equipment , mobile assets and deployment of innovative technologies that contribute to the environmental or social sustainability objectives of the union , or to both , or meet the environmental or social sustainability standards of the union ;


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; health and long - term care with a particular focus on the poorer members of society ; and the integration of the most vulnerable people , including third country nationals


### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals . ### social investment and skills policy window : comprises microfinance , social enterprise finance and social economy ; a just transition for workers , skills , education , training and related services ; social infrastructure ; social innovation ; health and long - term care ; inclusion and accessibility ; cultural activities with a social goal ; integration of vulnerable people , including third country nationals .


### the member state and the commission shall conclude the contribution agreement or an amendment to it within four months following the commission decision adopting the partnership agreement or the cap plan or simultaneously to the commission decision amending a programme or a cap plan . ### the member state and the commission shall conclude the contribution agreement or an amendment to it within three months following the commission decision adopting the partnership agreement or the cap plan or simultaneously to the commission decision amending a programme or a cap plan .


### the remuneration for risk - taking shall be allocated between the union and an implementing partner in proportion to their respective share in the risk - taking of a portfolio of financing and investment operations or , where relevant , of individual operations . the implementing partner shall have an appropriate exposure at its own risk to financing and investment operations supported by the eu guarantee , unless exceptionally the policy objectives targeted by the financial product to be implemented are of such nature that the implementing partner could not reasonably contribute its own risk - bearing capacity to it . ### the remuneration for risk - taking shall be allocated between the union and an implementing partner in proportion to their respective share in the risk - taking of a portfolio of financing and investment operations or , where relevant , of individual operations . the implementing partner shall have an appropriate exposure at its own risk to financing and investment operations supported by the eu guarantee , unless the policy objectives targeted by the financial product to be implemented are of such nature that the implementing partner could not reasonably contribute its own risk - bearing capacity to it .


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


### natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances that are beyond the control of , and not materially influenced by , a member state , may result in greenhouse gas emissions of a temporary nature in the lulucf sector , or may cause the reversal of previous removals . as reversal can also be the result of management decisions , such as decisions to harvest or plant trees , this regulation should ensure that human - induced reversals of removals are always accurately reflected in lulucf accounts . moreover , this regulation should provide member states with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their lulucf accounts . however , the manner in which member states apply those provisions should not lead to undue under - accounting . ### natural disturbances , such as wildfires , insect and disease infestations , extreme weather events and geological disturbances that are beyond the control of , and not materially influenced by , a member state , may result in greenhouse gas emissions of a temporary nature in the lulucf sector , or may cause the reversal of previous removals . as reversal can also be the result of management decisions , such as decisions to harvest or plant trees , this regulation should ensure that human - induced reversals of removals are always accurately reflected in lulucf accounts . moreover , this regulation should provide member states with a limited possibility to exclude emissions resulting from disturbances that are beyond their control from their lulucf accounts . however , the manner in which member states apply those provisions should not lead to undue under - accounting . where there is a correlation between management practices and the occurrence of a natural disaster , it should be considered as human - induced . it should be , individually or in general where possible , subject to the formal recognition of national scientific authorities .


### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . this review can also be informed by the results of the global stocktake of the paris agreement . ### this regulation should be reviewed as of 2024 and every 5 years thereafter in order to assess its overall functioning . this review should also be informed by the results of the global stocktake of the paris agreement .


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


### member states that have chosen to include managed wetland in the scope of their commitments in accordance with article 2 shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and / or from 2026 to 2030 minus the value obtained by multiplying by five the member state’s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 . ### member states shall account for emissions and removals resulting from managed wetland , calculated as emissions and removals in the periods from 2021 to 2025 and from 2026 to 2030 minus the value obtained by multiplying by five the member state’s average annual emissions and removals resulting from managed wetland in its base period 2005 - 2007 .


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


### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a decent standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should collect the right information to monitor the number of households in energy poverty . accurate measurement should assist member states to identify those households affected by energy poverty in order to provide targeted support . the commission should actively support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states . ### energy services are fundamental to safeguard the well - being of the union citizens . adequate warmth , cooling , lighting and the energy to power appliances are essential services to guarantee a good standard of living and citizens ' health . furthermore , access to these energy services empowers european citizens to fulfil their potential and it enhances social inclusion . energy poor households are unable to afford these energy services due to a combination of low income , high energy expenditure and poor energy efficiency of their homes . member states should collect the right information to monitor the number of households in energy poverty . accurate measurement should assist member states to identify those households at risk of energy poverty in order to provide targeted support . the commission should actively and as a priority support the implementation of the provisions on energy poverty by facilitating the sharing of good practices between member states .


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


### energy regulators should also be granted the power to contribute to ensuring high standards of universal and public service in compliance with market opening , to the protection of vulnerable customers , and to the full effectiveness of consumer protection measures . those provisions should be without prejudice to both the commission’s powers concerning the application of competition rules including the examination of mergers with a union dimension , and the rules on the internal market such as the free movement of capital . the independent body to which a party affected by the decision of a national regulator has a right to appeal could be a court or other tribunal empowered to conduct a judicial review . ### energy regulators should also be granted the power to contribute to ensuring high standards of universal and public service in compliance with market opening , to the protection of vulnerable consumers at risk of energy poverty , and to the full effectiveness of consumer protection measures . those provisions should be without prejudice to both the commission’s powers concerning the application of competition rules including the examination of mergers with a union dimension , and the rules on the internal market such as the free movement of capital . the independent body to which a party affected by the decision of a national regulator has a right to appeal could be a court or other tribunal empowered to conduct a judicial review .


### electricity suppliers shall be free to determine the price at which they supply electricity to customers . member states shall take appropriate actions to ensure effective competition between electricity suppliers . ### electricity suppliers shall be free to propose market - based supply prices to customers . member states shall take appropriate actions to ensure effective competition between electricity suppliers .


### member states shall ensure the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions in the price - setting for the supply of electricity . ### member states shall pursue objectives of general economic interest , including the protection of energy poor or vulnerable customers in a targeted manner by other means than public interventions based on non - replicable price - setting for the supply of electricity .


### by way of derogation from paragraphs 1 and 2 , member states which apply public interventions in price setting for the supply of electricity for energy poor or vulnerable household customers at the [ op : please insert the date of entry into force of this directive ] may continue to apply such public interventions until [ op : insert the date – five years from the entry into force of this directive ] . such public interventions shall pursue a general economic interest , be clearly defined , transparent , non - discriminatory , verifiable and guarantee equal access for union electricity companies to customers . the interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue , be limited in time and proportionate as regards their beneficiaries . ### by way of derogation from paragraphs 2 , member states which apply public interventions based on non - replicable price setting for the supply of electricity for energy poor or vulnerable household customers at the [ op : please insert the date of entry into force of this directive ] may continue to apply such public interventions until they adapt their supply price regulation so that price - setting become replicable no later than [ op : insert the date – five years after the entry into force of this directive ] . such public interventions shall pursue a general economic interest , be clearly defined , transparent , non - discriminatory , verifiable and guarantee equal access for union electricity companies to customers . the interventions shall not go beyond what is necessary to achieve the general economic interest which they pursue , be limited in time and proportionate as regards their beneficiaries .


### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract . ### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity , unless termination is not prompted by a clear failure to provide services . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract .


### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable customers . in this context , each member state shall define the concept of vulnerable customers which may refer to energy poverty and , inter alia , to the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure that rights and obligations linked to vulnerable customers are applied . in particular , they shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms . ### . member states shall take appropriate measures to protect customers and shall , in particular , ensure that there are adequate safeguards to protect vulnerable consumers at risk of energy poverty . in this context , each member state shall define the concept of vulnerable customers and refer to , inter alia , the energy poor or vulnerable consumers at risk of energy poverty and the prohibition of disconnection of electricity to such customers in critical times . member states shall ensure that rights and obligations linked to vulnerable customers are applied . in particular , they shall take measures to protect customers in remote areas . they shall ensure high levels of consumer protection , particularly with respect to transparency regarding contractual terms and conditions , general information and dispute settlement mechanisms .


### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , or providing for support for energy efficiency improvements , to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system . ### member states shall take appropriate measures , such as formulating national energy action plans , providing benefits in social security systems to ensure the necessary electricity supply to vulnerable customers , and providing for support for energy efficiency improvements , to address energy poverty where identified , including in the broader context of poverty . such measures shall not impede the effective opening of the market set out in article 4 or market functioning and shall be notified to the commission , where relevant , in accordance with the provisions of article 9 . such notification may also include measures taken within the general social security system .


### transmission system operators shall not be allowed to own , manage or operate energy storage facilities and shall not own directly or indirectly control assets that provide ancillary services . ### transmission system operators shall be allowed to own , manage or operate energy storage facilities and shall be allowed to own directly or indirectly control assets that provide ancillary services in cases where those facilities or assets are an integral part of the transmission system and where the national regulatory authority has granted its approval and further also in any other cases if the following conditions are fulfilled :


### the transmission system operator shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to assess the potential interest of market parties to invest in such facilities and terminate its own storage activities in case third parties can provide the service in a cost - effective manner . ### the transmission system operator under the supervision of the national regulatory authority shall perform at regular intervals or at least every five years a public consultation for the required storage services in order to re - assess the potential interest of market parties to invest , develop , operate or manage such facilities . in case the public consultation indicates that third parties are able to own , develop , operate or manage such facilities in a cost - effective manner , member states shall ensure that transmission system operators ' activities in this regard are phased - out . transmission system operators shall have right to recover their investment in such facilities on fair and reasonable terms .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . all regions of the union suffer and in particular those more affected by the&#160 ; crisis , from a lack of investment&#160 ; &#160 ; as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness .


### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and negatively affects job creation , long - term growth prospects and competitiveness . ### the economic and financial crisis has led to a lowering of the level of investments within the union . investment has fallen by approximately 15% since its peak in 2007 . the union suffers in particular from a lack of investment as a consequence of market uncertainty regarding the economic future and the fiscal constraints on member states . this lack of investment slows economic recovery and reducing disparities between eu regions , negatively affects job creation , long - term growth prospects and competitiveness and union strategy goals in 2020 .


### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects . ### throughout the economic and financial crisis , the union has made efforts to promote growth , in particular through initiatives set out in the europe 2020 strategy that put in place an approach for smart , sustainable and inclusive growth . the european investment bank has also strengthened its role in instigating and promoting investment within the union , partly by way of an increase in capital in january 2013 . further action is required to coordinate policies and instruments and to ensure that the investment needs of the union are addressed and that the liquidity available on the market is used efficiently and channelled towards the funding of viable investment projects .


### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion . ### the purpose of the efsi should be to help resolve the difficulties in financing and implementing productive investments in the union and to ensure increased access to financing , particularly in member states and regions where this access is structurally constrained , including in the outermost regions . it is intended that increased access to financing should be of particular benefit to small and medium enterprises . it is also appropriate to extend the benefit of such increased access to financing to mid - cap companies , which are companies having up to 3000 employees . overcoming europe ' s current investment difficulties should contribute to strengthening the union ' s economic , social and territorial cohesion .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality and complementarity over existing operations . the efsi should finance projects across the union , with particular attention to those concerning countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms . ### the efsi should target projects with a higher risk - return profile than existing eib and union instruments to ensure additionality over existing operations . the efsi should finance projects across the union , including in the countries and regions most affected by the financial crisis . the efsi should only be used where financing is not available from other sources on reasonable terms .


### within the union , there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects . often , this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks . the commission and the eib , with support from the member states , should promote the creation of a transparent pipeline of current and future investment projects in the union suitable for investment . this ' project pipeline ' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions . ### within the union , there are a significant number of potentially viable projects that are not being financed due to a lack of certainty and transparency with respect to such projects . often , this is because private investors are not aware of the projects or have insufficient information to make an assessment of the investment risks . the commission and the eib , with support from the member states , should promote the creation of a transparent pipeline of current and future investment projects in the union suitable for appropriate investment that can be developed including through public - private partnerships . this ' project pipeline ' should ensure that information is made publicly available regarding investment projects on a regular and structured basis to ensure that investors have reliable information on which to base their investment decisions .


### to ensure accountability to european citizens , the eib should regularly report to the european parliament and the council on the progress and impact of the efsi . ### to ensure accountability to european citizens , the eib and the european commission should regularly report to the european parliament and the council on the progress and impact of the efsi .