Proposal for a Directive of the European Parliament and of the Council concerning the processing of personal data and the protection of privacy in the electronic communications sector
Date: 2000-07-12
Institutions: European Commission
Subjects: data protection, new technology, protection of privacy, telecommunications, transmission network

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Proposal for a Directive of the European Parliament and of the Council concerning the processing
of personal data and the protection of privacy in the electronic communications sector

(2000/C 365 E/17)

(Text with EEA relevance)

COM(2000) 385 final (cid:16) 2000/0189(COD)

(Submitted by the Commission on 25 August 2000)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 95 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty,

Whereas:

(1) Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of indi-
viduals with regard to the processing of personal data and
on the free movement of such data (1) requires Member
States to ensure the rights and freedoms of natural
persons with regard to the processing of personal data,
and in particular their right to privacy, in order to ensure
the free flow of personal data in the Community.

(2) Confidentiality of

is guaranteed in
communications
accordance with the international instruments relating to
human rights, in particular the European Convention for
the Protection of Human Rights
and Fundamental
Freedoms, and the constitutions of the Member States.

(3) Directive 97/66/EC of the European Parliament and of the
Council of 15 December 1997 concerning the processing of
personal data and the protection of privacy in the telecom-
munications sector (2) translated the principles set out in
Directive 95/46/EC into specific rules for the telecommuni-
cations sector. Directive 97/66/EC should be adapted to
developments in the markets and technologies for electronic
communications services in order to provide an equal level
of protection of personal data and privacy for users of
services,
publicly available electronic communications
regardless of the technologies used.

(1) OJ L 281, 23.11.1995, p. 31.
(2) OJ L 24, 30.1.1998, p. 1.

(4) New advanced digital

technologies are currently being
introduced in public communications networks in the
Community, which give rise to specific requirements
concerning the protection of personal data and privacy
of the user. The development of the information society is
characterised by the introduction of new electronic
communications
to digital mobile
networks has become available and affordable for a
large public. These digital networks have large capacities
and possibilities
for processing personal data. The
successful cross-border development of these services is
partly dependent on the confidence of users that their
privacy will not be at risk.

services. Access

(5) The Internet is overturning traditional market structures
infrastructure for the
by providing a common, global
delivery of a wide range of electronic communications
services. Publicly available electronic communications
services over
the Internet open new possibilities for
users but also new risks for their personal data and
privacy.

(6) In the case of public communications networks, specific
legal, regulatory, and technical provisions should be made
in order to protect fundamental rights and freedoms of
natural persons and legitimate interests of legal persons,
in particular with regard to the increasing capacity for
automated storage and processing of data relating to
subscribers and users.

legitimate

interests of

(7) Legal, regulatory, and technical provisions adopted by the
Member States concerning the protection of personal
legal
data, privacy and the
persons, in the electronic communication sector, should
be harmonised in order to avoid obstacles to the internal
market for electronic communication in accordance with
Article 14 of the Treaty. Harmonisation should be limited
to
the
promotion and development of new electronic communi-
cations services and networks between Member States are
not hindered.

requirements

guarantee

necessary

that

to

(8) The Member States, providers and users concerned,
together with the competent Community bodies, should
cooperate in introducing and developing the relevant
technologies where this is necessary to apply the guar-
antees provided for by this Directive and taking particular
account of the objectives of minimising the processing of
personal data and of using anonymous or pseudonymous
data where possible.

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(9) In the

electronic

sector, Directive
communications
95/46/EC applies, in particular for all matters concerning
protection of fundamental rights and freedoms, which are
not specifically covered by the provisions of this Directive,
including the obligations on the controller and the rights
of individuals. Directive 95/46/EC applies to non-publicly
available electronic communications services.

to activities which are not

(10) Like Directive 95/46/EC, this Directive does not address
issues of protection of fundamental rights and freedoms
governed by
related
Community law.
It is for Member States to take such
measures as are necessary for the protection of public
security, defence, State security (including the economic
well-being of the State when the activities relate to State
law.
security matters) and the enforcement of criminal
the ability of Member
This Directive does not affect
States
interception of electronic
communications if necessary for any of these purposes.

to carry out

lawful

(11) Subscribers of a publicly available electronic communi-
cations service may be natural or legal persons. By supple-
menting Directive 95/46/EC, this Directive is intended to
protect the fundamental rights of natural persons and
particularly their right to privacy, as well as the legitimate
interests of legal persons. It does not entail an obligation
for Member States to extend the application of Directive
95/46/EC to the protection of the legitimate interests of
legal persons, which is ensured within the framework of
the applicable Community and national legislation.

(12) The application of certain requirements relating to pres-
entation and restriction of calling and connected line
identification and to automatic
forwarding to
subscriber lines connected to analogue exchanges should
not be made mandatory in specific cases where such
application would prove to be technically impossible or
would require a disproportionate economic effort. It is
important for interested parties to be informed of such
cases and the Member States should therefore notify them
to the Commission.

call

publicly

available
the Internet

communications
electronic
offer
should inform users and
services over
subscribers of measures they can take to protect
the
security of their communications for instance by using
specific types of software or encryption technologies.
Security is appraised in the light of Article 17 of
Directive 95/46/EC.

(14) Measures should be taken to prevent unauthorised access
to communications in order to protect the confidentiality
of communications, including both the contents and any
data related to such communications, by means of public
communications networks and publicly available elec-
tronic communications services. National
legislation in
some Member States only prohibits intentional unauth-
orised access to communications.

communications

such data which the provider of

(15) The data relating to subscribers processed within elec-
tronic communications networks to establish connections
and to transmit information contain information on the
private life of natural persons who have a right to respect
for their correspondence. The legitimate interests of legal
persons should also be protected. Such data may only be
stored to the extent that is necessary for the provision of
the service for the purpose of billing and for intercon-
nection payments, and for a limited time. Any further
the
processing of
publicly available electronic
services
may want to perform for the marketing of its own elec-
tronic communications services or for the provision of
the
value added services, may only be allowed if
subscriber has agreed to this on the basis of accurate
the
and full
services
publicly available electronic
about
to
the types of
perform and about the subscriber’s right not to give or
to withdraw his consent to such processing. Traffic data
used for marketing of own communications services or
for the provision of value added services should also be
erased or made anonymous after the provision of the
service. Service providers should always keep subscribers
informed of the types of data they are processing and the
purposes and duration for which this is done.

information given by the provider of

further processing it

communications

intends

(13) Service providers should take appropriate measures to
if necessary in
safeguard the security of their services,
conjunction with the provider of
the network, and
inform subscribers of any special risks of a breach of
the security of the network. Such risks may especially
occur for electronic communications services over an
open network such as the Internet.
is particularly
important for subscribers and users of such services to
be fully informed by their service provider of the existing
security risks which are outside the scope of possible
remedies by the service provider. Service providers who

It

(16) The introduction of itemised bills has improved the possi-
bilities for the subscriber to check the accuracy of the fees
charged by the service provider but, at the same time, it
may jeopardise the privacy of
the users of publicly
available electronic communications services. Therefore,
in order to preserve the privacy of the user, Member
States should encourage the development of electronic
communication service options
alternative
payment
facilities which allow anonymous or strictly
private access to publicly available electronic communi-
cations services, for example calling cards and facilities for
payment by credit card.

such as

(17)

(18)

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the terminal equipment of

location data giving the
In digital mobile networks
geographic position of
the
mobile user are processed to enable the transmission of
communications. Such data are traffic data covered by
Article 6. However, in addition, digital mobile networks
may have the capacity to process location data which are
more precise than is necessary for the transmission of
communications and which are used for the provision
of value added services such as services providing indi-
vidualised traffic information and guidance to drivers. The
processing of such data for value added services should
only be allowed where subscribers have given their
consent. Even in cases where subscribers have given
their consent,
to
temporarily deny the processing of location data, free of
charge.

they should have a simple means

directories of the purposes of the directory and of any
particular usage which may be made of electronic
versions of public directories especially through search
functions embedded in the software, such as reverse
the directory to
search functions enabling users of
discover the name and address of the subscriber on the
basis of a telephone number only.

(21) Safeguards should be provided for subscribers against
intrusion of their privacy by means of unsolicited calls,
telefaxes, electronic mails and other forms of communi-
cations for direct marketing purposes. Member States may
limit such safeguards to subscribers who are natural
persons.

It is necessary, as regards calling line identification, to
protect the right of
the calling party to withhold the
presentation of the identification of the line from which
the call is being made and the right of the called party to
reject calls from unidentified lines. There is justification
for overriding the elimination of calling line identification
presentation in specific cases. Certain subscribers,
in
particular helplines and similar organisations, have an
interest in guaranteeing the anonymity of their callers. It
is necessary, as regards connected line identification, to
protect the right and the legitimate interest of the called
party to withhold the presentation of the identification of
the line to which the calling party is actually connected,
in particular in the case of forwarded calls. The providers
of publicly available electronic communications services
should inform their
the existence of
calling and connected line identification in the network
and of all services which are offered on the basis of
calling and connected line identification as well as the
privacy options which are available. This will allow the
subscribers to make an informed choice about the privacy
facilities they may want to use. The privacy options which
are offered on a per-line basis do not necessarily have to
be available as an automatic network service but may be
obtainable through a simple request to the provider of the
publicly available electronic communications service.

subscribers of

(19) Safeguards should be provided for subscribers against the
call
nuisance which may be
it should be
forwarding by others and,
possible for
to stop the forwarded calls
being passed on to their terminals by simple request to
the provider of the publicly available electronic communi-
cations service.

caused by automatic
in such cases,

subscribers

(20) Directories of subscribers to electronic communications
services are widely distributed and publicly available.
The right to privacy of natural persons and the legitimate
interest of legal persons require that subscribers are able
to determine whether their personal data are published in
a directory and, if so, which. Providers of public direc-
tories should inform the subscribers included in such

(22) The

of

for

the

the

functionalities

specific rules

configuration of

services may be

the provision of

services alongside general

electronic
communications
integrated in the
network or in any part of the terminal equipment of
including the software. The protection of the
the user,
personal data and the privacy of users of publicly
available electronic communications services should be
independent
various
components necessary to provide the service and of the
distribution of the necessary functionalities between these
components. Directive 95/46/EC covers any form of
processing of personal data regardless of the technology
for electronic
used. The existence of
for
rules
communications
other components necessary for the provision of such
facilitate the protection of personal
services may not
data and privacy in a technology neutral way.
It may
therefore be necessary to adopt measures requiring manu-
facturers of certain types of equipment used for electronic
communications services to construct their product
in
such a way as to incorporate safeguards to ensure that
the personal data and privacy of the user and subscriber
are protected. The
in
adoption of
the European
accordance with Directive 1999/5/EC of
the Council of 9 March 1999 on
Parliament and of
terminal
radio
and
equipment
the mutual
equipment
their
of
conformity (1) will
ensure
introduction of
communication
of
features
technical
equipment
protection
software
including
purposes is harmonised in order to be compatible with
the implementation of the internal market.

telecommunications
recognition

the
that
electronic
for

such measures

data

and

(23) In particular, similarly to what is provided for by Article
13 of Directive 95/46/EC, Member States can restrict the
scope of subscribers’ obligations and rights in certain
circumstances,
the
provider of a publicly available electronic communications
service may override the elimination of the presentation
of calling line identification in conformity with national
legislation for the purposes of preventing or detecting
criminal offences or of State security.

ensuring

example

that

for

by

(1) OJ L 91, 7.4.1999, p. 10.

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(24) Where the rights of users and subscribers are not
respected, national legislation should provide for judicial
remedies. Penalties should be imposed on any person,
whether governed by private or public law, who fails to
this
comply with the national measures taken under
Directive.

(25) It is useful, in the field of application of this Directive, to
draw on the experience of the Working Party on the
Protection of Individuals with regard to the Processing
of Personal Data set up by Article 29 of Directive
95/46/EC.

(26) To facilitate compliance with the provisions of

this
Directive, certain specific arrangements are needed for
processing of data already under way on the date on
which national
legislation implementing this Directive
enters into force,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Scope and aim

This Directive harmonises the provisions of the Member
1.
States required to ensure an equivalent level of protection of
fundamental rights and freedoms, and in particular the right to
privacy, with respect to the processing of personal data in the
electronic communication sector and to ensure the free
movement of such data and of electronic communication
equipment and services in the Community.

The provisions of

2.
and
complement Directive 95/46/EC for the purposes mentioned
in paragraph 1. Moreover,
they provide for protection of
legitimate interests of subscribers who are legal persons.

this Directive particularise

3.
This Directive shall not apply to activities which fall
outside the scope of the EC Treaty, such as those covered by
Titles V and VI of the Treaty on European Union, and in any
case to activities concerning public security, defence, State
the State
security (including the economic well-being of
when the activities relate to State security matters) and the
activities of the State in areas of criminal law.

Article 2

Definitions

the definitions

in Directive
Save as otherwise provided,
the European
95/46/EC and in Directive 2001/.../EC of
Parliament and of the Council of . . . (on a common regulatory
framework for
and
services), shall apply.

communications networks

electronic

purposes, without necessarily having subscribed to this
service;

(b) @traffic dataA means any data processed in the course of or
for the purpose of the transmission of a communication
over an electronic communications network;

(c) @location dataA means any data processed in an electronic
geographic
the terminal equipment of a user of a

communications
position of
publicly available electronic communications service;

indicating

network,

the

(d) @communicationA means any information exchanged or
transmitted between a finite number of parties by means
of a publicly available electronic communications service;

(e) @callA means a connection established by means of a publicly
available telephone service allowing two-way communi-
cation in real time.

Article 3

Services concerned

1.
This Directive shall apply to the processing of personal
data in connection with the provision of publicly available
electronic communications services in public communications
networks in the Community.

to digital

Articles 8, 10 and 11 shall apply to subscriber lines
technically
a disproportionate
it does not
to subscriber lines connected to analogue

and, where

exchanges

require

2.
connected
and if
possible
economic effort,
exchanges.

Cases where it would be technically impossible or require
3.
a disproportionate economic effort to fulfil the requirements of
Articles 8, 10 and 11 shall be notified to the Commission by
the Member States.

Article 4

Security

The provider of a publicly available electronic communi-
1.
cations service must take appropriate technical and organisa-
tional measures to safeguard security of its services, if necessary
the public electronic
in conjunction with the provider of
communications network with respect
to network security.
Having regard to the state of the art and the cost of their
implementation,
ensure a level of
security appropriate to the risk presented.

these measures

shall

The following definitions shall also apply:

(a) @userA means any natural person using a publicly available
electronic communications service, for private or business

2.
In case of a particular risk of a breach of the security of
the network, the provider of a publicly available electronic
subscribers
communications
service must
concerning such risk and any possible remedies,
including
the costs involved.

inform the

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Article 5

Confidentiality of the communications

the

shall

States

ensure

1. Member
confidentiality of
communications and the related traffic data by means of a
public communications network and publicly available elec-
tronic communications services, through national
legislation.
In particular, they shall prohibit listening, tapping, storage or
other kinds of interception or surveillance of communications
and the related traffic data, by persons other than users,
without
the users concerned, except when
legally authorised to do so, in accordance with Article 15(1).

the consent of

2.
Paragraph 1 shall not affect any legally authorised
recording of communications and the related traffic data in
lawful business practice for the purpose of
the course of
transaction or of any
providing evidence of a commercial
other business communication.

Article 6

Traffic data

Traffic data relating to subscribers and users processed for
1.
the purpose of
the transmission of a communication and
stored by the provider of a public communications network
or
anonymous upon
completion of
the transmission, without prejudice to the
provisions of paragraphs 2, 3 and 4.

service must be

erased or made

Paragraphs 1, 2, 3 and 5 shall apply without prejudice to
6.
the possibility for competent authorities to be informed of
traffic data in conformity with applicable legislation with a
view to settling disputes,
interconnection or
billing disputes.

in particular

Article 7

Itemised billing

Subscribers shall have the right to receive non-itemised

1.
bills.

2. Member States shall apply national provisions in order to
reconcile the rights of subscribers receiving itemised bills with
the right to privacy of calling users and called subscribers, for
example by ensuring
alternative privacy
enhancing modalities for communications or payments are
available to such users and subscribers.

sufficient

that

Article 8

Presentation and restriction of calling and connected line
identification

1. Where presentation of calling-line identification is offered,
the calling user must have the possibility, using a simple means
and free of charge, of preventing the presentation of
the
calling-line identification on a per-call basis. The calling
subscriber must have this possibility on a per-line basis.

2.
Traffic data which are necessary for the purposes of
subscriber billing and interconnection payments may be
processed. Such processing is permissible only up to the end
of the period during which the bill may lawfully be challenged
or payment pursued.

2. Where presentation of
identification is
offered, the called subscriber must have the possibility, using
a simple means and free of charge for reasonable use of this
the calling line
function, of preventing the presentation of
identification of incoming calls.

calling-line

For

the purpose of marketing its own electronic
3.
communications services or for the provision of value added
services to the subscriber, the provider of a publicly available
electronic communications
the data
referred to in paragraph 1 to the extent and for the duration
necessary for such services,
if the subscriber has given his
consent.

service may process

The service provider must inform the subscriber of the
traffic data which are processed for the purposes
the duration of

4.
types of
mentioned in paragraphs 2 and 3 and of
such processing.

5.
Processing of traffic data, in accordance with paragraphs
1 to 4, must be restricted to persons acting under the authority
the public communications networks and
of providers of
services handling billing or
traffic management, customer
enquiries, fraud detection, marketing the provider’s own elec-
tronic communications services or providing a value added
service, and must be restricted to what is necessary for the
purposes of such activities.

3. Where presentation of calling line identification is offered
and where the calling line identification is presented prior to
the call being established, the called subscriber must have the
possibility, using a simple means, of rejecting incoming calls
where the presentation of the calling line identification has
been prevented by the calling user or subscriber.

4. Where presentation of connected line identification is
offered, the called subscriber must have the possibility, using
a simple means and free of charge, of preventing the presen-
tation of the connected line identification to the calling user.

5.
The provisions of paragraph 1 shall also apply with
regard to calls to third countries originating in the Community.
The provisions of paragraphs 2, 3 and 4 shall also apply to
incoming calls originating in third countries.

6. Member States shall ensure that where presentation of
calling and/or connected line identification is offered,
the
providers of publicly available electronic communications
services inform the public thereof and of the possibilities set
out in paragraphs 1 to 4.

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Article 9

Location data

Article 11

Automatic call forwarding

1. Where electronic communications networks are capable
of processing location data other than traffic data, relating to
users or subscribers of their services, these data may only be
processed when they are made anonymous, or with the
consent of the users or subscribers to the extent and for the
duration necessary for the provision of a value added service.
The service provider must inform the users or subscribers,
prior to obtaining their consent, of the type of location data
which will be processed, of the purposes and duration of the
processing and whether the data will be transmitted to a third
party for the purpose of providing the value added service.

the processing of

2. Where consent of
the users or subscribers has been
than
obtained for
traffic data, the user or subscriber must continue to have the
possibility, using a simple means and free of charge, of
temporarily refusing the processing of such data for each
connection to the network or for each transmission of a
communication.

location data other

in

of

data

location

Processing

accordance with
3.
paragraphs 1 and 2 must be restricted to persons acting
under the authority of the provider of the electronic communi-
cations service or of the third party providing the value added
service, and must be restricted to what is necessary for the
purposes of providing the value added service.

Article 10

Exceptions

shall

ensure

Member States
transparent
procedures governing the way in which a provider of a
public communications network and/or a publicly available
electronic communications service may override:

there

that

are

(a) the elimination of the presentation of calling line identifi-
cation, on a temporary basis, upon application of a
subscriber requesting the tracing of malicious or nuisance
calls. In this case, in accordance with national law, the data
containing the identification of the calling subscriber will
be stored and be made available by the provider of a public
communications network and/or publicly available elec-
tronic communications service;

Member States shall ensure that any subscriber has the possi-
bility, using a simple means and free of charge, of stopping
automatic call forwarding by a third party to the subscriber’s
terminal.

Article 12

Directories of subscribers

1. Member States shall ensure that subscribers are informed,
free of charge, about the purpose(s) of a printed or electronic
directory of subscribers available to the public or obtainable
through directory enquiry services, in which their personal data
can be included and of any further usage possibilities based on
the
search functions embedded in electronic versions of
directory.

free of charge,

2. Member States shall ensure that subscribers are given the
opportunity,
their
personal data are included in public directories, and if so,
which,
the
purpose of the directory as determined by the provider of
the directory, and to verify, correct or withdraw such data.

that such data are relevant

to determine whether

to the extent

for

Paragraphs 1 and 2 shall apply to subscribers who are
3.
in the
natural persons. Member States
framework of Community law and applicable national
legis-
lation, that the legitimate interests of subscribers other than
natural persons with regard to their entry in public directories
are sufficiently protected.

shall also ensure,

Article 13

Unsolicited communications

1.
The use of automated calling systems without human
intervention (automatic calling machines), facsimile machines
(fax) or electronic mail for the purposes of direct marketing
may only be allowed in respect of subscribers who have given
their prior consent.

2. Member States shall take appropriate measures to ensure
that, free of charge, unsolicited communications for purposes
of direct marketing, by means other than those referred to in
paragraph 1, are not allowed either without the consent of the
subscribers concerned or in respect of subscribers who do not
the choice between
wish to receive these communications,
these options to be determined by national legislation.

(b) the elimination of the presentation of calling line identifi-
cation and the temporary denial or absence of consent of a
subscriber or user for the processing of location data, on a
per-line basis for organisations dealing with emergency calls
and recognised as such by a Member State, including law
enforcement agencies, ambulance services and fire brigades,
for the purpose of responding to such calls.

Paragraphs 1 and 2 shall apply to subscribers who are
3.
in the
natural persons. Member States
framework of Community law and applicable national
legis-
lation, that the legitimate interests of subscribers other than
natural persons with regard to unsolicited communications
are sufficiently protected.

shall also ensure,

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Article 14

Technical features and standardisation

1.
In implementing the provisions of this Directive, Member
States shall ensure, subject to paragraphs 2 and 3, that no
mandatory requirements for specific technical
features are
imposed on terminal or other electronic communication
equipment which could impede the placing of equipment on
the market and the free circulation of such equipment in and
between Member States.

2. Where provisions of this Directive can be implemented
in electronic
only by requiring specific technical
inform the
communications networks, Member States shall
Commission in accordance with the procedure provided for
by Directive 98/34/EC of the European Parliament and the
Council (1).

features

terminal equipment

3. Where required, the Commission shall adopt measures to
ensure that
incorporates the necessary
safeguards to guarantee the protection of personal data and
privacy of users and subscribers, in accordance with Directive
1999/5/EC and Council Decision 87/95/EEC (2).

Article 15

Application of certain provisions of Directive 95/46/EC

1. Member States may adopt legislative measures to restrict
the scope of the rights and obligations provided for in Article
5, Article 6, Article 8(1) to (4), and Article 9 of this Directive
when such restriction constitutes a necessary measure to
the
safeguard national
prevention,
of
criminal offences or of unauthorised use of
the electronic
communication system, as referred to in Article 13(1) of
Directive 95/46/EC.

security, defence, public
detection

security,
and prosecution

investigation,

down in Article 30 of that Directive with regard to matters
covered by this Directive, namely the protection of
funda-
mental rights and freedoms and of legitimate interests in the
electronic communications sector.

Article 16

Transitional arrangements

Article 12 shall not apply to editions of directories published
before the national provisions adopted pursuant
to this
Directive entering into force.

Article 17

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 31 December 2001 at
the latest. They shall
forthwith inform the Commission thereof.

When Member States adopt those provisions, they shall contain
a reference to this Directive or be accompanied by such a
reference on the occasion of
their official publication.
Member States shall determine how such reference is to be
made.

2. Member States shall communicate to the Commission the
text of the provisions of national law which they adopt in the
field governed by this Directive and of any subsequent
amendments to those provisions.

Article 18

Entry into force

The provisions of Chapter

2.
III on Judicial Remedies,
Liability and Sanctions of Directive 95/46/EC shall apply
with regard to national provisions adopted pursuant to this
Directive and with regard to the individual rights derived
from this Directive.

3.
The Working Party on the Protection of Individuals with
regard to the Processing of Personal Data instituted by Article
29 of Directive 95/46/EC shall also carry out the tasks laid

This Directive shall enter into force on the twentieth day
following that of its publication in the Official Journal of the
European Communities.

Article 19

Addressees

This Directive is addressed to the Member States.

(1) OJ L 204, 21.7.1998, p. 37.
(2) OJ L 36, 7.2.1987, p. 310.