Directive 2006/24/EC of the European Parliament and of the Council of  15 March 2006  on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC
Date: 2006-03-15
Institutions: Council of the European Union, European Parliament
Subjects: Internet, data protection, electronic mail, personal data, protection of privacy, transmission network

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Official Journal of the European Union

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DIRECTIVE 2006/24/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 15 March 2006

on the retention of data generated or processed in connection with the provision of publicly
available electronic communications services or of public communications networks and amending
Directive 2002/58/EC

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EURO-
PEAN UNION,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 95 thereof,

erased or made anonymous when no longer needed for the
purpose of the transmission of a communication, except
for the data necessary for billing or interconnection pay-
ments. Subject to consent, certain data may also be pro-
cessed for marketing purposes and the provision of value-
added services.

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

Acting in accordance with the procedure laid down in Article 251
of the Treaty (2),

Whereas:

(1)

(2)

(3)

Directive 95/46/EC of the European Parliament and of the
Council of 24 October 1995 on the protection of individu-
als with regard to the processing of personal data and on
the free movement of such data (3) requires Member States
to protect 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.

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 elec-
tronic communications sector (Directive on privacy and
electronic communications) (4) translates the principles set
out in Directive 95/46/EC into specific rules for the elec-
tronic communications sector.

Articles 5, 6 and 9 of Directive 2002/58/EC lay down the
rules applicable to the processing by network and service
providers of traffic and location data generated by using
electronic communications services. Such data must be

(1) Opinion delivered on 19 January 2006 (not yet published in the Offi-

cial Journal).

(2) Opinion of the European Parliament of 14 December 2005 (not yet
published in the Official Journal) and Council Decision of 21 February
2006.

(3) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC)

No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

(4) OJ L 201, 31.7.2002, p. 37.

(4)

(5)

(6)

(7)

Article 15(1) of Directive 2002/58/EC sets out the condi-
tions under which Member States may restrict the scope of
the rights and obligations provided for in Article 5,
Article 6, Article 8(1), (2), (3) and (4), and Article 9 of that
Directive. Any such restrictions must be necessary, appro-
priate and proportionate within a democratic society for
specific public order purposes, i.e. to safeguard national
security (i.e. State security), defence, public security or the
prevention,
investigation, detection and prosecution of
criminal offences or of unauthorised use of the electronic
communications systems.

Several Member States have adopted legislation providing
for the retention of data by service providers for the pre-
vention, investigation, detection, and prosecution of crimi-
nal offences. Those national provisions vary considerably.

The legal and technical differences between national pro-
visions concerning the retention of data for the purpose of
prevention,
investigation, detection and prosecution of
criminal offences present obstacles to the internal market
for electronic communications, since service providers are
faced with different requirements regarding the types of
traffic and location data to be retained and the conditions
and periods of retention.

The Conclusions of the Justice and Home Affairs Council
of 19 December 2002 underline that, because of the sig-
nificant growth in the possibilities afforded by electronic
communications, data relating to the use of electronic
communications are particularly important and therefore
a valuable tool in the prevention, investigation, detection
and prosecution of criminal offences, in particular organ-
ised crime.

(8)

The Declaration on Combating Terrorism adopted by the
European Council on 25 March 2004 instructed the Coun-
cil to examine measures for establishing rules on the reten-
tion of communications traffic data by service providers.

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(9)

Under Article 8 of the European Convention for the Pro-
tection of Human Rights and Fundamental Freedoms
(ECHR), everyone has the right to respect for his private life
and his correspondence. Public authorities may interfere
with the exercise of that right only in accordance with the
law and where necessary in a democratic society, inter alia,
in the interests of national security or public safety, for the
prevention of disorder or crime, or for the protection of
the rights and freedoms of others. Because retention of
data has proved to be such a necessary and effective inves-
tigative tool for law enforcement in several Member States,
and in particular concerning serious matters such as orga-
nised crime and terrorism, it is necessary to ensure that
retained data are made available to law enforcement
authorities for a certain period, subject to the conditions
provided for in this Directive. The adoption of an instru-
ment on data retention that complies with the require-
ments of Article 8 of the ECHR is therefore a necessary
measure.

(14)

Technologies relating to electronic communications are
changing rapidly and the legitimate requirements of the
competent authorities may evolve. In order to obtain
advice and encourage the sharing of experience of best
practice in these matters, the Commission intends to estab-
lish a group composed of Member States’ law enforcement
authorities, associations of the electronic communications
industry, representatives of the European Parliament and
data protection authorities, including the European Data
Protection Supervisor.

(15) Directive 95/46/EC and Directive 2002/58/EC are fully
applicable to the data retained in accordance with this
Directive. Article 30(1)(c) of Directive 95/46/EC requires
the consultation of the Working Party on the Protection of
Individuals with regard to the Processing of Personal Data
established under Article 29 of that Directive.

(10) On 13 July 2005, the Council reaffirmed in its declaration
condemning the terrorist attacks on London the need to
adopt common measures on the retention of telecommu-
nications data as soon as possible.

(11) Given the importance of traffic and location data for the
investigation, detection, and prosecution of criminal
offences, as demonstrated by research and the practical
experience of several Member States, there is a need to
ensure at European level that data that are generated or
processed, in the course of the supply of communications
services, by providers of publicly available electronic com-
munications services or of a public communications net-
work are retained for a certain period, subject to the
conditions provided for in this Directive.

(12) Article 15(1) of Directive 2002/58/EC continues to apply
to data,
including data relating to unsuccessful call
attempts, the retention of which is not specifically required
under this Directive and which therefore fall outside the
scope thereof, and to retention for purposes, including
judicial purposes, other than those covered by this
Directive.

(16)

(17)

(18)

The obligations incumbent on service providers concern-
ing measures to ensure data quality, which derive from
Article 6 of Directive 95/46/EC, and their obligations con-
cerning measures to ensure confidentiality and security of
processing of data, which derive from Articles 16 and 17
of that Directive, apply in full to data being retained within
the meaning of this Directive.

It is essential that Member States adopt legislative measures
to ensure that data retained under this Directive are pro-
vided to the competent national authorities only in accor-
legislation in full respect of the
dance with national
fundamental rights of the persons concerned.

In this context, Article 24 of Directive 95/46/EC imposes
an obligation on Member States to lay down sanctions for
infringements of the provisions adopted pursuant to that
Directive. Article 15(2) of Directive 2002/58/EC imposes
the same requirement in relation to national provisions
adopted pursuant
to Directive 2002/58/EC. Council
Framework Decision 2005/222/JHA of 24 February 2005
on attacks against information systems (1) provides that
the intentional
illegal access to information systems,
including to data retained therein, is to be made punish-
able as a criminal offence.

(13)

This Directive relates only to data generated or processed
as a consequence of a communication or a communication
service and does not relate to data that are the content of
the information communicated. Data should be retained in
such a way as to avoid their being retained more than
once. Data generated or processed when supplying the
communications services concerned refers to data which
are accessible. In particular, as regards the retention of data
relating to Internet e-mail and Internet telephony, the obli-
gation to retain data may apply only in respect of data
from the providers’ or the network providers’ own services.

(19)

The right of any person who has suffered damage as a
result of an unlawful processing operation or of any act
incompatible with national provisions adopted pursuant to
Directive 95/46/EC to receive compensation, which derives
from Article 23 of that Directive, applies also in relation to
the unlawful processing of any personal data pursuant to
this Directive.

(1) OJ L 69, 16.3.2005, p. 67.

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(20)

(21)

The 2001 Council of Europe Convention on Cybercrime
and the 1981 Council of Europe Convention for the Pro-
tection of Individuals with Regard to Automatic Process-
ing of Personal Data also cover data being retained within
the meaning of this Directive.

Since the objectives of this Directive, namely to harmonise
the obligations on providers to retain certain data and to
ensure that those data are available for the purpose of the
investigation, detection and prosecution of serious crime,
as defined by each Member State in its national law, can-
not be sufficiently achieved by the Member States and can
therefore, by reason of the scale and effects of this Direc-
tive, be better achieved at Community level, the Commu-
nity may adopt measures, in accordance with the principle
of subsidiarity as set out in Article 5 of the Treaty. In accor-
dance with the principle of proportionality, as set out in
that Article, this Directive does not go beyond what is nec-
essary in order to achieve those objectives.

law. However, they may be subject to national law or
action pursuant to Title VI of the Treaty on European
Union. Such laws or action must fully respect fundamen-
tal rights as they result from the common constitutional
traditions of the Member States and as guaranteed by the
ECHR. Under Article 8 of the ECHR, as interpreted by the
European Court of Human Rights, interference by public
authorities with privacy rights must meet the requirements
of necessity and proportionality and must therefore serve
specified, explicit and legitimate purposes and be exercised
in a manner that is adequate, relevant and not excessive in
relation to the purpose of the interference,

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Subject matter and scope

(22)

This Directive respects the fundamental rights and observes
the principles recognised, in particular, by the Charter of
Fundamental Rights of the European Union. In particular,
this Directive, together with Directive 2002/58/EC, seeks
to ensure full compliance with citizens’ fundamental rights
to respect for private life and communications and to the
protection of their personal data, as enshrined in Articles 7
and 8 of the Charter.

1.
This Directive aims to harmonise Member States’ provisions
concerning the obligations of the providers of publicly available
electronic communications services or of public communications
networks with respect to the retention of certain data which are
generated or processed by them, in order to ensure that the data
are available for the purpose of the investigation, detection and
prosecution of serious crime, as defined by each Member State in
its national law.

(23) Given that the obligations on providers of electronic com-
munications services should be proportionate, this Direc-
tive requires that they retain only such data as are generated
or processed in the process of supplying their communi-
cations services. To the extent that such data are not gen-
erated or processed by those providers,
there is no
obligation to retain them. This Directive is not intended to
harmonise the technology for retaining data, the choice of
which is a matter to be resolved at national level.

(24)

(25)

In accordance with paragraph 34 of the Interinstitutional
agreement on better law-making (1), Member States are
encouraged to draw up, for themselves and in the interests
of the Community, their own tables illustrating, as far as
possible, the correlation between this Directive and the
transposition measures, and to make them public.

This Directive is without prejudice to the power of Mem-
ber States to adopt legislative measures concerning the
right of access to, and use of, data by national authorities,
as designated by them. Issues of access to data retained
pursuant to this Directive by national authorities for such
activities as are referred to in the first indent of Article 3(2)
of Directive 95/46/EC fall outside the scope of Community

2.
This Directive shall apply to traffic and location data on
both legal entities and natural persons and to the related data nec-
essary to identify the subscriber or registered user. It shall not
apply to the content of electronic communications, including
information consulted using an electronic communications
network.

Article 2

Definitions

1.
For the purpose of this Directive, the definitions in Direc-
tive 95/46/EC, in Directive 2002/21/EC of the European Parlia-
ment and of the Council of 7 March 2002 on a common
regulatory framework for electronic communications networks
and in Directive
and services
2002/58/EC shall apply.

(Framework Directive) (2),

2.

For the purpose of this Directive:

(a)

‘data’ means traffic data and location data and the related data
necessary to identify the subscriber or user;

(1) OJ C 321, 31.12.2003, p. 1.

(2) OJ L 108, 24.4.2002, p. 33.

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(b)

(c)

‘user’ means any legal entity or natural person using a pub-
licly available electronic communications service, for private
or business purposes, without necessarily having subscribed
to that service;

‘telephone service’ means calls (including voice, voicemail
and conference and data calls), supplementary services
(including call forwarding and call transfer) and messaging
and multi-media services (including short message services,
enhanced media services and multi-media services);

with national law. The procedures to be followed and the condi-
tions to be fulfilled in order to gain access to retained data in
accordance with necessity and proportionality requirements shall
be defined by each Member State in its national law, subject to the
relevant provisions of European Union law or public international
law, and in particular the ECHR as interpreted by the European
Court of Human Rights.

Article 5

Categories of data to be retained

(d)

‘user ID’ means a unique identifier allocated to persons when
they subscribe to or register with an Internet access service
or Internet communications service;

1. Member States shall ensure that the following categories of
data are retained under this Directive:

(e)

‘cell ID’ means the identity of the cell from which a mobile
telephony call originated or in which it terminated;

(f)

‘unsuccessful call attempt’ means a communication where a
telephone call has been successfully connected but not
answered or
there has been a network management
intervention.

Article 3

Obligation to retain data

1.
By way of derogation from Articles 5, 6 and 9 of Directive
2002/58/EC, Member States shall adopt measures to ensure that
the data specified in Article 5 of this Directive are retained in
accordance with the provisions thereof, to the extent that those
data are generated or processed by providers of publicly available
electronic communications services or of a public communica-
tions network within their jurisdiction in the process of supply-
ing the communications services concerned.

The obligation to retain data provided for in paragraph 1
2.
shall include the retention of the data specified in Article 5 relat-
ing to unsuccessful call attempts where those data are generated
or processed, and stored (as regards telephony data) or logged (as
regards Internet data), by providers of publicly available electronic
communications services or of a public communications network
within the jurisdiction of the Member State concerned in the pro-
cess of supplying the communication services concerned. This
Directive shall not require data relating to unconnected calls to be
retained.

Article 4

Access to data

(a) data necessary to trace and identify the source of a

communication:

(1) concerning fixed network telephony and mobile

telephony:

(i)

the calling telephone number;

(ii)

the name and address of the subscriber or registered
user;

(2) concerning Internet access, Internet e-mail and Internet

telephony:

(i)

the user ID(s) allocated;

(ii)

the user ID and telephone number allocated to any
communication entering the public telephone
network;

(iii) the name and address of the subscriber or registered
user to whom an Internet Protocol (IP) address, user
ID or telephone number was allocated at the time of
the communication;

(b) data

necessary
communication:

to

identify

the

destination

of

a

(1) concerning fixed network telephony and mobile

telephony:

(i)

the number(s) dialled (the telephone number(s)
called), and, in cases involving supplementary ser-
vices such as call forwarding or call transfer, the
number or numbers to which the call is routed;

Member States shall adopt measures to ensure that data retained
in accordance with this Directive are provided only to the com-
petent national authorities in specific cases and in accordance

(ii)

the name(s) and address(es) of the subscriber(s) or
registered user(s);

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(2) concerning Internet e-mail and Internet telephony:

(iv) the IMSI of the called party;

(i)

the user ID or telephone number of the intended
recipient(s) of an Internet telephony call;

(v)

the IMEI of the called party;

(ii)

the name(s) and address(es) of the subscriber(s) or
registered user(s) and user ID of the intended recipi-
ent of the communication;

(vi)

in the case of pre-paid anonymous services, the date
and time of the initial activation of the service and
the location label (Cell ID) from which the service
was activated;

(c) data necessary to identify the date, time and duration of a

communication:

(3) concerning Internet access, Internet e-mail and Internet

telephony:

(1) concerning fixed network telephony and mobile tele-
phony, the date and time of the start and end of the
communication;

(2) concerning Internet access, Internet e-mail and Internet

telephony:

(i)

the date and time of the log-in and log-off of the
Internet access service, based on a certain time zone,
together with the IP address, whether dynamic or
static, allocated by the Internet access service pro-
vider to a communication, and the user ID of the
subscriber or registered user;

(ii)

the date and time of the log-in and log-off of the
Internet e-mail service or Internet telephony service,
based on a certain time zone;

(i)

the calling telephone number for dial-up access;

(ii)

the digital subscriber line (DSL) or other end point
of the originator of the communication;

(f) data necessary to identify the location of mobile communi-

cation equipment:

(1)

the location label
communication;

(Cell

ID) at

the start of

the

(2) data identifying the geographic location of cells by ref-
erence to their location labels (Cell ID) during the period
for which communications data are retained.

(d) data necessary to identify the type of communication:

No data revealing the content of the communication may be

2.
retained pursuant to this Directive.

(1) concerning fixed network telephony and mobile tele-

phony: the telephone service used;

(2) concerning Internet e-mail and Internet telephony: the

Internet service used;

(e) data necessary to identify users’ communication equipment

or what purports to be their equipment:

Article 6

Periods of retention

Member States shall ensure that the categories of data specified in
Article 5 are retained for periods of not less than six months and
not more than two years from the date of the communication.

(1) concerning fixed network telephony,

the

calling

and called telephone numbers;

Article 7

Data protection and data security

(2) concerning mobile telephony:

(i)

the calling and called telephone numbers;

(ii)

the International Mobile Subscriber Identity (IMSI)
of the calling party;

Without prejudice to the provisions adopted pursuant to Direc-
tive 95/46/EC and Directive 2002/58/EC, each Member State shall
ensure that providers of publicly available electronic communi-
cations services or of a public communications network respect,
as a minimum, the following data security principles with respect
to data retained in accordance with this Directive:

(iii) the International Mobile Equipment Identity (IMEI)

of the calling party;

(a)

the retained data shall be of the same quality and subject to
the same security and protection as those data on the
network;

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(b)

the data shall be subject to appropriate technical and organi-
sational measures to protect the data against accidental or
unlawful destruction, accidental loss or alteration, or unau-
thorised or unlawful storage, processing, access or disclosure;

— the cases where requests for data could not be met.

2.

Such statistics shall not contain personal data.

(c)

the data shall be subject to appropriate technical and organi-
sational measures to ensure that they can be accessed by spe-
cially authorised personnel only;

Article 11

Amendment of Directive 2002/58/EC

and

(d)

the data, except those that have been accessed and preserved,
shall be destroyed at the end of the period of retention.

Article 8

Storage requirements for retained data

Member States shall ensure that the data specified in Article 5 are
retained in accordance with this Directive in such a way that the
data retained and any other necessary information relating to such
data can be transmitted upon request to the competent authori-
ties without undue delay.

Article 9

Supervisory authority

1.
Each Member State shall designate one or more public
authorities to be responsible for monitoring the application
within its territory of the provisions adopted by the Member
States pursuant to Article 7 regarding the security of the stored
data. Those authorities may be the same authorities as those
referred to in Article 28 of Directive 95/46/EC.

2.
The authorities referred to in paragraph 1 shall act with
complete independence in carrying out the monitoring referred
to in that paragraph.

Article 10

Statistics

1. Member States shall ensure that the Commission is provided
on a yearly basis with statistics on the retention of data generated
or processed in connection with the provision of publicly avail-
able electronic communications services or a public communica-
tions network. Such statistics shall include:

— the cases in which information was provided to the compe-
tent authorities in accordance with applicable national law,

— the time elapsed between the date on which the data were
retained and the date on which the competent authority
requested the transmission of the data,

The following paragraph shall be inserted in Article 15 of Direc-
tive 2002/58/EC:

‘1a.
Paragraph 1 shall not apply to data specifically required
by Directive 2006/24/EC of the European Parliament and of
the Council of 15 March 2006 on the retention of data gen-
erated or processed in connection with the provision of pub-
licly available electronic communications services or of public
communications networks (*) to be retained for the purposes
referred to in Article 1(1) of that Directive.

(*) OJ L 105, 13.4.2006, p. 54.’

Aricle 12

Future measures

A Member State facing particular circumstances that war-
1.
rant an extension for a limited period of the maximum retention
period referred to in Article 6 may take the necessary measures.
That Member State shall immediately notify the Commission
and inform the other Member States of the measures taken under
this Article and shall state the grounds for introducing them.

2.
The Commission shall, within a period of six months after
the notification referred to in paragraph 1, approve or reject the
national measures concerned, after having examined whether
they are a means of arbitrary discrimination or a disguised restric-
tion of trade between Member States and whether they constitute
an obstacle to the functioning of the internal market. In the
absence of a decision by the Commission within that period the
national measures shall be deemed to have been approved.

3. Where, pursuant to paragraph 2, the national measures of a
Member State derogating from the provisions of this Directive are
approved, the Commission may consider whether to propose an
amendment to this Directive.

Article 13

Remedies, liability and penalties

1.
Each Member State shall take the necessary measures to
ensure that the national measures implementing Chapter III of
Directive 95/46/EC providing for judicial remedies, liability and
sanctions are fully implemented with respect to the processing of
data under this Directive.

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Each Member State shall, in particular, take the necessary
2.
measures to ensure that any intentional access to, or transfer of,
data retained in accordance with this Directive that is not permit-
ted under national law adopted pursuant to this Directive is pun-
ishable by penalties,
including administrative or criminal
penalties, that are effective, proportionate and dissuasive.

Article 14

Evaluation

1.
No later than 15 September 2010, the Commission shall
submit to the European Parliament and the Council an evaluation
of the application of this Directive and its impact on economic
operators and consumers, taking into account further develop-
ments in electronic communications technology and the statis-
tics provided to the Commission pursuant to Article 10 with a
view to determining whether it is necessary to amend the provi-
sions of this Directive, in particular with regard to the list of data
in Article 5 and the periods of retention provided for in Article 6.
The results of the evaluation shall be made public.

To that end, the Commission shall examine all observations
2.
communicated to it by the Member States or by the Working
Party established under Article 29 of Directive 95/46/EC.

Article 15

Transposition

shall be accompanied by such reference on the occasion of their
official publication. The methods of making such reference shall
be laid down by Member States.

2. Member States shall communicate to the Commission the
text of the main provisions of national law which they adopt in
the field covered by this Directive.

3.
Until 15 March 2009, each Member State may postpone
application of this Directive to the retention of communications
data relating to Internet Access, Internet telephony and Internet
e-mail. Any Member State that intends to make use of this para-
graph shall, upon adoption of this Directive, notify the Council
and the Commission to that effect by way of a declaration. The
declaration shall be published in the Official Journal of the European
Union.

Article 16

Entry into force

This Directive shall enter into force on the twentieth day follow-
ing that of its publication in the Official Journal of the European
Union.

Article 17

Addressees

This Directive is addressed to the Member States.

Done at Strasbourg, 15 March 2006.

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by no later than 15 September 2007. They shall forth-
with inform the Commission thereof. When Member States adopt
those measures, they shall contain a reference to this Directive or

For the European Parliament
The President
J. BORRELL FONTELLES

For the Council
The President
H. WINKLER

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Declaration by the Netherlands

pursuant to Article 15(3) of Directive 2006/24/EC

Regarding the Directive of the European Parliament and of the Council on the retention of data processed in connection with the provi-
sion of publicly available electronic communications services and amending Directive 2002/58/EC, the Netherlands will be making use of
the option of postponing application of the Directive to the retention of communications data relating to Internet access, Internet tele-
phony and Internet e-mail, for a period not exceeding 18 months following the date of entry into force of the Directive.

Declaration by Austria

pursuant to Article 15(3) of Directive 2006/24/EC

Austria declares that it will be postponing application of this Directive to the retention of communications data relating to Internet access,
Internet telephony and Internet e-mail, for a period of 18 months following the date specified in Article 15(1).

Declaration by Estonia

pursuant to Article 15(3) of Directive 2006/24/EC

In accordance with Article 15(3) of the Directive of the European Parliament and of the Council on the retention of data generated or
processed in connection with the provision of publicly available electronic communications services or of public communications
networks and amending Directive 2002/58/EC, Estonia hereby states its intention to make use of use that paragraph and to postpone
application of the Directive to retention of communications data relating to Internet access, Internet telephony and Internet e-mail until
36 months after the date of adoption of the Directive.

Declaration by the United Kingdom

pursuant to Article 15(3) of Directive 2006/24/EC

The United Kingdom declares in accordance with Article 15(3) of the Directive on the retention of data generated or processed in con-
nection with the provision of publicly available electronic communications services or of public communications networks and amend-
ing Directive 2002/58/EC that it will postpone application of that Directive to the retention of communications data relating to Internet
access, Internet telephony and Internet e-mail.

Declaration by the Republic of Cyprus

pursuant to Article 15(3) of Directive 2006/24/EC

The Republic of Cyprus declares that it is postponing application of the Directive in respect of the retention of communications data
relating to Internet access, Internet telephony and Internet e-mail until the date fixed in Article 15(3).

Declaration by the Hellenic Republic

pursuant to Article 15(3) of Directive 2006/24/EC

Greece declares that, pursuant to Article 15(3), it will postpone application of this Directive in respect of the retention of communications
data relating to Internet access, Internet telephony and Internet e-mail until 18 months after expiry of the period provided for in
Article 15(1).

Declaration by the Grand Duchy of Luxembourg

pursuant to Article 15(3) of Directive 2006/24/EC

Pursuant to Article 15(3) of the Directive of the European Parliament and of the Council on the retention of data generated or processed
in connection with the provision of publicly available electronic communications services or of public communications networks and
amending Directive 2002/58/EC, the Government of the Grand Duchy of Luxembourg declares that it intends to make use of Article 15(3)
of the Directive in order to have the option of postponing application of the Directive to the retention of communications data relating
to Internet access, Internet telephony and Internet e-mail.

L 105/62

EN

Official Journal of the European Union

13.4.2006

Declaration by Slovenia

pursuant to Article 15(3) of Directive 2006/24/EC

Slovenia is joining the group of Member States which have made a declaration under Article 15(3) of the Directive of the European Par-
liament and the Council on the retention of data generated or processed in connection with the provision of publicly available electronic
communications services or of public communications networks, for the 18 months postponement of the application of the Directive to
the retention of communication data relating to Internet, Internet telephony and Internet e-mail.

Declaration by Sweden

pursuant to Article 15(3) of Directive 2006/24/EC

Pursuant to Article 15(3), Sweden wishes to have the option of postponing application of this Directive to the retention of communica-
tions data relating to Internet access, Internet telephony and Internet e-mail.

Declaration by the Republic of Lithuania

pursuant to Article 15(3) of Directive 2006/24/EC

Pursuant to Article 15(3) of the draft Directive of the European Parliament and of the Council on the retention of data generated or pro-
cessed in connection with the provision of publicly available electronic communications services or public communications networks and
amending Directive 2002/58/EC (hereafter the ‘Directive’), the Republic of Lithuania declares that once the Directive has been adopted it
will postpone the application thereof to the retention of communications data relating to Internet access, Internet telephony and Internet
e-mail for the period provided for in Article 15(3).

Declaration by the Republic of Latvia

pursuant to Article 15(3) of Directive 2006/24/EC

Latvia states in accordance with Article 15(3) of Directive 2006/24/EC of 15 March 2006 on the retention of data generated or processed
in connection with the provision of publicly available electronic communications services or of public communications networks and
amending Directive 2002/58/EC that it is postponing application of the Directive to the retention of communications data relating to Inter-
net access, Internet telephony and Internet e-mail until 15 March 2009.

Declaration by the Czech Republic

pursuant to Article 15(3) of Directive 2006/24/EC

Pursuant to Article 15(3), the Czech Republic hereby declares that it is postponing application of this Directive to the retention of com-
munications data relating to Internet access, Internet telephony and Internet e-mail until 36 months after the date of adoption thereof.

Declaration by Belgium

pursuant to Article 15(3) of Directive 2006/24/EC

Belgium declares that, taking up the option available under Article 15(3), it will postpone application of this Directive, for a period of
36 months after its adoption, to the retention of communications data relating to Internet access, Internet telephony and Internet e-mail.

Declaration by the Republic of Poland

pursuant to Article 15(3) of Directive 2006/24/EC

Poland hereby declares that it intends to make use of the option provided for under Article 15(3) of the Directive of the European Par-
liament and of the Council on the retention of data processed in connection with the provision of publicly available electronic commu-
nications services and amending Directive 2002/58/EC and postpone application of the Directive to the retention of communications data
relating to Internet access, Internet telephony and Internet e-mail for a period of 18 months following the date specified in Article 15(1).

13.4.2006

EN

Official Journal of the European Union

L 105/63

Declaration by Finland

pursuant to Article 15(3) of Directive 2006/24/EC

Finland declares in accordance with Article 15(3) of the Directive on the retention of data generated or processed in connection with the
provision of publicly available electronic communications services or of public communications networks and amending Directive
2002/58/EC that it will postpone application of that Directive to the retention of communications data relating to Internet access, Inter-
net telephony and Internet e-mail.

Declaration by Germany

pursuant to Article 15(3) of Directive 2006/24/EC

Germany reserves the right to postpone application of this Directive to the retention of communications data relating to Internet access,
Internet telephony and Internet e-mail for a period of 18 months following the date specified in the first sentence of Article 15(1).