You're quoting the 2002 adopted text's recital. This is outdated. The relevant bit about consent and cookies was added in 2009, with directive 2009/136 modify

You're quoting the 2002 adopted text's recital. This is outdated. The relevant bit about consent and cookies was added in 2009, with directive 2009/136 modifying article 5(3) of directive 2002/58. So all you're saying about legitimate interests etc. is wrong since 2011 (2009+2 years allowing for Member States implementation in national law)