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 directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation .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 directive 2002 / 58 / ec should therefore be repealed and replaced by this regulation .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


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


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


### 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 .


### 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 .


### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as ' hotspots ' situated at different places within a city , department stores , shopping malls and hospitals . to the extent that those communications networks are provided to an undefined group of end - users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in contrast , this regulation should not apply to closed groups of end - users such as corporate networks , access to which is limited to members of the corporation . ### the development of fast and efficient wireless technologies has fostered the increasing availability for the public of internet access via wireless networks accessible by anyone in public and semi - private spaces such as wi - fi access points situated at different places within a city , for example department stores , shopping malls and hospitals , as well as airports , hotels and restaurants . those wi - fi access points might require a login or provide a password and might be provided also by public administrations . to the extent that those communications networks are provided to users , the confidentiality of the communications transmitted through such networks should be protected . the fact that wireless electronic communications services may be ancillary to other services should not stand in the way of ensuring the protection of confidentiality of communications data and application of this regulation . therefore , this regulation should apply to electronic communications data using electronic communications services and public communications networks . in addition , this regulation should apply to closed social media profiles and groups that the user has restricted or defined as private . in contrast , this regulation should not apply to closed groups of end - users such as corporate intranet networks , access to which is limited to members of an organisation .


### the commission shall be assisted by the communications committee established under article 110 of the [ directive establishing the european electronic communications code ] . that committee shall be a committee within the meaning of regulation no 182 / 201129 . __________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### the commission shall be assisted by the committee established under article 93 of the regulation 2016 / 679 . that committee shall be a committee within the meaning of regulation no 182 / 201129 . __________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


### for the sole purpose of the provision of a specific service to an end - user , if the end - user or end - users concerned have given their consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content ; or ### for the sole purpose of the provision of a specific service requested by the user , if the users concerned have given their specific consent to the processing of their electronic communications content and the provision of that specific service cannot be fulfilled without the processing of such content ; or


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


### 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 .


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


### voice - to - voice direct marketing calls that do not involve the use of automated calling and communication systems , given that they are more costly for the sender and impose no financial costs on end - users . member states should therefore be able to establish and or maintain national systems only allowing such calls to end - users who have not objected . ### voice - to - voice direct marketing calls that do not involve the use of automated calling and communication systems , given that they are more costly for the sender and impose no financial costs on end - users , justify the possibility for member states to establish and or maintain national systems only allowing such calls to end - users who have not objected .


### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ' direct marketing voice - to - voice calls ' means live calls , which do not entail the use of automated calling systems and communication systems ; this shall not include calls and text messages linked to amber alert ;


### in order to fulfil the objectives of this regulation , namely to protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data and to ensure the free movement of personal data within the union , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation . in particular , delegated acts should be adopted in respect of the information to be presented , including by means of standardised icons in order to give an easily visible and intelligible overview of the collection of information emitted by terminal equipment , its purpose , the person responsible for it and of any measure the end - user of the terminal equipment can take to minimise the collection . delegated acts are also necessary to specify a code to identify direct marketing calls including those made through automated calling and communication systems . it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201625 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . furthermore , in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission when provided for by this regulation . those powers should be exercised in accordance with regulation no 182 / 2011 . __________________ 25 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 . ### in order to fulfil the objectives of this regulation , namely to protect the fundamental rights and freedoms of natural persons in the provision and use of electronic communications services and in particular their right to respect of their private life and communications with regard to the processing of personal data and to ensure the free movement of personal data within the union , the power to adopt acts in accordance with article 290 of the treaty should be delegated to the commission to supplement this regulation . in particular , delegated acts should be adopted in respect of the information to be presented , including by means of standardised icons in order to give an easily visible and intelligible overview of the collection of information emitted by terminal equipment , its purpose , the person responsible for it and of any measure the user of the terminal equipment can take to minimise the collection . it is of particular importance that the commission carries out appropriate consultations and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement on better law - making of 13 april 201625 . in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states ' experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts . furthermore , in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission when provided for by this regulation . for instance , implementing measures are necessary to specify a code to identify direct marketing calls including those made through automated calling and communication systems . those powers should be exercised in accordance with regulation no 182 / 2011 . __________________ 25 interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 2016 .


### it is necessary for providing an information society service requested by the end - user ; or ### it is strictly technically necessary for providing an information society service requested by the user ; or


### 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 .


### the providers of a publicly available directory shall inform end - users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end - users’ consent before enabling such search functions related to their own data . ### the providers of a publicly available directories shall inform users whose personal data are in the directory of the available search functions of the directory . the electronic communication service providers shall inform users if new search functions are enabled .


### 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 .


### 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 .


### ‘ direct marketing voice - to - voice calls’ means live calls , which do not entail the use of automated calling systems and communication systems ; ### ' direct marketing voice - to - voice calls ' means live calls , which do not entail the use of automated calling systems and communication systems , including calls made using automated calling and communication systems which connect the called person to an individual ;


### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent third parties from storing information on the terminal equipment ; this is often presented as ‘ reject third party cookies’ . end - users should be offered a set of privacy setting options , ranging from higher to lower and intermediate . such privacy settings should be presented in a an easily visible and intelligible manner . ### the principles of data protection by design and by default were codified under article 25 of regulation 2016 / 679 . currently , the default settings for cookies are set in most current browsers to ‘ accept all cookies’ . therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the option to prevent by default the cross - domain tracking and storing of information on the terminal equipment by other parties ; this is often presented as ‘ reject third party trackers and cookies’ . users should be offered , by default , a set of privacy setting options , ranging from higher to lower and intermediate . these options may also be more fine - grained . privacy settings should also include options to allow the user to decide for example , whether flash , javascript or similar software can be executed , if a website can collect geo - location data from the user , or if it can access specific hardware such as a webcam or microphone . such privacy settings should be presented in an easily visible , objective and intelligible manner .


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


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


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


### to stop automatic call forwarding by a third party to the end - user ' s terminal equipment . ### to stop automatic call forwarding by a third party to the user ' s terminal equipment .


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


### the commission shall be assisted by the communications committee established under article 110 of the [ directive establishing the european electronic communications code ] . that committee shall be a committee within the meaning of regulation no 182 / 201129 . __________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers . ### the commission shall be assisted by the committee established under article 93 of the regulation 2016 / 679 . that committee shall be a committee within the meaning of regulation no 182 / 201129 . __________________ 29 regulation no 182 / 2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission’s exercise of implementing powers .


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


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


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


### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation . ### the representative shall have the power to answer questions and provide information in addition to or instead of the provider it represents , in particular , to supervisory authorities , courts , and end - users , on all issues related to processing electronic communications data for the purposes of ensuring compliance with this regulation .


### smart and sustainable urban mobility projects ; ### smart and sustainable urban mobility projects , including inland waterway and air transport ;


### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment . ### implementing partners shall target that at least 50 % of the investment under the sustainable infrastructure policy window contribute to meeting the union objectives on climate and environment , as to meet the commitments under the united nations framework convention on climate change cop 21


### expansion of the generation , supply or use of clean and sustainable renewable energy ; ### expansion of the generation , and promoting rapid deployment , supply or use of clean and sustainable renewable energy ;


### 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 , energy , with a focus on renewable energy - sources and energy - efficiency , 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 ;


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### once an eu mid - century , long - term low greenhouse gas emission development strategy is adopted , as requested by the paris agreement , the commission shall reassess the adequacy of the obligations laid down in this regulation in meeting the eu long - term climate targets as well as the goals of the paris agreement . the commission shall make legislative proposals to adjust the contributions of member states laid down in regulation [ esr ] and [ lulucf ] accordingly . the assessment and proposals shall be informed by the facilitative dialogue under the unfccc in 2018 . the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target , the eu long - term targets between 2031 and 2050 and its contribution to the goals of the paris agreement , and shall make legislative proposals to adjust this regulation accordingly .


### the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector is highly exposed and very vulnerable to climate change . at the same time , the sector has huge potential to provide long - term climate benefits and to contribute significantly to the achievement of union and international long - term climate goals . it can contribute to climate change mitigation in several ways , in particular by reducing emissions , maintaining and enhancing sinks and carbon stocks , and providing bio - materials than can substitute fossil - or carbon - intensive materials . in order for measures aiming in particular at increasing carbon sequestration to be effective , sustainable resource management and the long - term stability and adaptability of carbon pools are essential . long - term strategies are needed to make sustainable investments possible in the long run .


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


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall report to the european parliament and to the council within six months of the facilitative dialogue under the unfccc in 2018 and every five years thereafter on the provisions of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and shall propose necessary amendments if appropriate .


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


### 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 / 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 .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall review the ambition of this proposal after the 2018 facilitative dialogue . it shall report to the european parliament and to the council by 28 february 2024 and every two years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the long - term goals of the paris agreement , and may make proposals if appropriate . 1a


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### the commission shall facilitate an assessment of the national forestry accounting plans and technical corrections submitted , by a member state . this assessment shall be carried out in close consultation with member state experts , the standing forestry committee and the energy union committee . the assessment shall evaluate the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . where the principles and requirements set out in paragraphs and as well as article 5 have not been adhered to , the commission may recalculate the proposed new or corrected forest reference levels .


### 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 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 and should not discourage member states from taking preventative measures to reduce the risk of natural disturbances .


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### in the light of the 2018 facilitative dialogue , the commission shall report to the european parliament and to the council by 28 february 2019 on the adequacy of the level of ambition of this regulation . the commission shall report to the european parliament and to the council by 28 february 2023 and every three years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , with a view to keeping this regulation in line with relevant decisions adopted by bodies of the unfccc or of the paris agreement , and shall make proposals .


### 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 land accounting categories and other categories referred to in article 2 in accordance with the reporting guidance adopted by bodies of the unfccc or of the paris agreement for the period 2021 - 2030 . 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 .


### the commission shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the commission may recalculate the proposed new or corrected forest reference levels . ### selected experts comprising both commission and member states representatives shall review the national forestry accounting plans and technical corrections and assess the extent to which the proposed new or corrected forest reference levels have been determined in accordance with the principles and requirements set out in paragraphs and as well as article 5 . to the extent that this is required in order to ensure compliance with the principles and requirements set out in paragraphs and as well as article 5 , the member state concerned shall recalculate the proposed new or corrected forest reference levels .


### the increased sustainable use of harvested wood products can substantially limit emissions into and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , to provide incentives for enhanced use of harvested wood products with long life cycles . the commission should provide guidance on methodological issues related to the accounting for harvested wood products . ### the increased sustainable use of harvested wood products can substantially limit emissions by the substitution effect , and enhance removals of greenhouse gases from the atmosphere . the accounting rules should ensure that member states accurately reflect in accounts the changes in the harvested wood products pool when they take place , and to recognise , welcome and incentivise enhanced use of harvested wood products with long life cycles , thus reducing the use of other , non - biodegradable materials , such as plastic . the commission should provide guidance on methodological issues related to the accounting for harvested wood products .


### 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 . ### in the light of the 2018 facilitative dialogue , the commission shall report to the european parliament and to the council by 28 february 2019 on the adequacy of the level of ambition of this regulation . this regulation should be reviewed as of 2023 and every 3 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 .


### the lulucf sector can contribute to climate change mitigation in several ways , in particular by reducing emissions , and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential . ### the lulucf sector constitutes a valuable resource in the progressive efforts against global warming and can contribute to climate change mitigation in several ways , in particular by reducing emissions , facilitating the substitution of carbon - intense fossil materials with renewable low - carbon biomass from forests and maintaining and enhancing sinks and carbon stocks . in order for measures aiming in particular at increasing carbon sequestration to be effective , the long - term stability and adaptability of carbon pools is essential .


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


### the commission shall report to the european parliament and to the council by 28 february 2024 and every five years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the goals of the paris agreement , and may make proposals if appropriate . ### the commission shall review the ambition of this proposal after the 2018 facilitative dialogue . it shall report to the european parliament and to the council by 28 february 2024 and every two years thereafter on the operation of this regulation , its contribution to the eu ' s overall 2030 greenhouse gas emission reduction target and its contribution to the long - term goals of the paris agreement , and may make proposals if appropriate .


### member states shall include in their accounts for each land accounting category any change in the carbon stock of the carbon pools listed in annex i , section b . member states may choose not to include in their accounts changes in carbon stocks for carbon pools where the carbon pool is not a source , except for above - ground biomass and harvested wood products on managed forest land . ### member states shall include in their accounts for each land accounting category any change in the carbon stock of the carbon pools listed in annex i , section b . member states may choose not to include in their accounts changes in carbon stocks for carbon pools where the carbon pool is not a source , except for above - ground biomass , deadwood on managed forest land and harvested wood products on managed forest land .


### the power to adopt delegated acts referred to in article 3 , 5 , 8 , 10 and 13 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force ] . ### the power to adopt delegated acts referred to in article 3 , 5 , 8 , 9 , 10 and 13 shall be conferred on the commission for an indeterminate period of time from the [ date of entry into force ] .


### on 10 june 2016 the commission presented the proposal for the eu to ratify the paris agreement . this legislative proposal forms part of the implementation of the union ' s commitment to economy - wide emission reductions as confirmed in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . 10 __________________ 10 http : / / www4 . unfccc . int / submissions / indc / submission%20pages / submissions . aspx ### the council ratified the paris agreement on 5 october 2016 , following the consent given by the european parliament on 4 october 2016 . the paris agreement entered into force on 4 november 2016 and aims at keeping the increase in global temperature to well below 2°c above pre - industrial levels and to pursue efforts to limit the temperature increase to 1 . 5°c above pre - industrial levels , in a manner that does not threaten food production and food security . the agreement also highlights the role of sustainable forest management in achieving the goal of balancing emissions and removals . this legislative proposal forms part of the implementation of the union ' s commitment to economy - wide emission reductions as confirmed in the intended nationally determined reduction commitment of the union and its member states submitted to the secretariat of the united nations framework convention on climate change on 6 march 2015 . __________________ 10 http : / / www4 . unfccc . int / submissions / indc / submission%20pages / submissions . aspx


### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests . ### the paris agreement , inter alia , sets out a long - term goal in line with the objective to keep the global temperature increase well below 2°c above pre - industrial levels and to pursue efforts to keep it to 1 . 5°c above pre - industrial levels . in order to achieve this goal , it is necessary that the parties increase their collective efforts to mitigate climate change and limit global warming . the union needs to continue to lead by example and increase its climate efforts to levels in line with the paris agreement ' s objective . the parties should prepare , communicate and maintain successive nationally determined contributions . the paris agreement replaces the approach taken under the 1997 kyoto protocol which will not be continued beyond 2020 . the paris agreement also calls for a balance between anthropogenic emissions by sources and removals by sinks of greenhouse gases in the second half of this century , and invites parties to take action to conserve and enhance , as appropriate , sinks and reservoirs of greenhouse gases , including forests .


### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation constitute a fundamentally distortive measure that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction . ### member states should maintain a wide discretion to impose public service obligations on electricity undertakings in pursuing objectives of general economic interest . member states should ensure that household customers and , where member states deem it appropriate , small enterprises , enjoy the right to be supplied with electricity of a specified quality at clearly comparable , transparent and competitive prices . nevertheless , public service obligations in the form of supply price regulation may constitute a fundamentally distortive measure if the price does not reflect the value of electricity and the costs of the supplier and that often leads to the accumulation of tariff deficits , limitation of consumer choice , poorer incentives for energy saving and energy efficiency investments , lower standards of service , lower levels of consumer engagement and satisfaction , restriction of competition as well as fewer innovative products and services on the market . consequently , member states should ensure that their price regulation is not detrimental to competition or apply other policy tools , and in particular targeted social policy measures , to safeguard the affordability of electricity supply to their citizens . interventions in price setting should only be applied in limited exceptional circumstances . a fully liberalised well - functionning retail electricity market would stimulate price and non - price competition among existing suppliers and incentivise new market entries therefore improving consumers ' choice and satisfaction .


### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract . ### member states shall ensure that final customers are fully informed by the suppliers of the opportunities and risks of such dynamic electricity price contract and can terminate it if it proves too expensive .


### 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 .


### 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 .


### 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 . ### regulatory authorities shall perform at regular intervals or at least every five years a public consultation in order to re - assess the potential interest of market parties to invest , develop , operate or manage energy storage facilities . in case the cost - benefit analysis and public consultation indicates that third parties are able to own , develop , operate or manage such facilities cost - efficiently , member states shall ensure that an open and transparent tendering procedure takes place and in case third parties can provide the service in a cost - effective manner transmission system operators ' activities in this regard are phased - out . transmission system operators shall have right to recover their investment in storage facilities on fair and reasonable terms .


### 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 .


### 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 ensure the protection of energy poor or vulnerable customers at risk of energy poverty in a targeted manner by other means than public interventions in the price - setting for the supply of electricity .


### member states shall define a set of criteria for the purposes of measuring energy poverty . member states shall continuously monitor the number of households in energy poverty and shall report on the evolution of energy poverty and measures taken to prevent it to the commission every two years as part of their integrated national energy and climate progress reports in accordance with article 21 of [ governance regulation as proposed by com759 ] . ### member states shall define a set of criteria for the purposes of measuring energy poverty and adopt a broad and common definition of energy poverty within the context of a new commission communication and action plan on energy poverty . member states shall continuously monitor the number of households in energy poverty and the number of consumers at risk of energy poverty . the member states shall report on the evolution of energy poverty and measures taken to prevent it to the commission every two years as part of their integrated national energy and climate progress reports in accordance with article 21 of [ governance regulation as proposed by com759 ] .


### the efsi should support strategic investments with high economic value added contributing to achieving union policy objectives . ### the efsi should support strategic investments with high economic value added . these strategic investments should benefit from positive externalities created by public investment and european structural and investment funds in order to achieve union policy objectives .


### 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 .


### member states have also begun work at national level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national project pipelines . ### member states have also begun work at national , regional and macroregional level on establishing and promoting project pipelines for projects of national significance . the information prepared by the commission and the eib should provide links to the accompanying national , regional and macroregional project pipelines .


### 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 .


### infrastructure projects in the environmental , natural resources , urban development and social fields ; ### infrastructure projects in the environmental , natural resources , urban development and social fields including social housing ;


### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies and support any of the following general objectives : ### the eu guarantee shall be granted for eib financing and investment operations approved by the investment committee referred to in article 3 or funding to the eif in order to conduct eib financing and investment operations in accordance with article 7 . the operations concerned shall be consistent with union policies as well as the strategy for smart , sustainable and inclusive growth ' europe 2020 ' and support any of the following general objectives :


### provided that all relevant eligibility criteria are fulfilled , member states may use european structural investment funds to contribute to the financing of eligible projects that are supported by the eu guarantee . the flexibility of this approach should maximise the potential to attract investors to the areas of investment targeted by the efsi . ### at the level of projects , investments made by efsi that are supported by the eu guarantee may be used to complement investments by european structural and investment funds to foster synergies and to ensure maximum added value .


### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should be excluded from the scope of this regulation as those services have different characteristics . they are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit ip - based networks . ### operators of retransmission services offered on satellite , digital terrestrial , closed circuit ip - based , mobile and similar networks and via an internet access service in accordance with regulation no 2015 / 2120 of the european parliament and of the council , provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously , in an unaltered and unabridged manner , for reception by the public , an initial transmission from another member state of television or radio programmes , where this initial transmission is by wire or over the air , including by satellite but excluding online transmissions , and intended for reception by the public . they should therefore be within the scope of this regulation and benefit from the mechanism introducing mandatory collective management of rights . retransmission services which are offered on the open internet should only be excluded from the scope of this regulation if they cannot ensure a controlled environment and their services do not have a clearly definable user group when compared for example to cable or closed circuit ip - based networks .


### council directive 93 / 83 / eec17 facilitates cross - border satellite broadcasting and retransmission by cable of television and radio programmes from other member states of the union . however , the provisions of that directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other member states are limited to simultaneous , unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies . _________________ 17 council directive 93 / 83 / eec of 27 september 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission oj l 248 , 6 . 10 . 1993 , p . 15–21 . ### council directive 93 / 83 / eec17 facilitates cross - border satellite broadcasting and retransmission by cable of television and radio programmes from other member states of the union . _________________ 17 council directive 93 / 83 / eec of 27 september 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission oj l 248 , 6 . 10 . 1993 , p . 15–21 .


### a number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their online services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance . ### a number of barriers hinder the provision of online services and the provision of retransmission services and thereby the free circulation of television and radio programmes within the union . broadcasting organisations transmit daily many hours of news , cultural , political , documentary or entertainment programmes . these programmes incorporate a variety of content such as audiovisual , musical , literary or graphic works , which is protected by copyright and / or related rights under union law . that results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter . often , the rights need to be cleared in a short time - frame , in particular when preparing programmes such as news or current affairs . in order to make their services available across borders , broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance .