> Functional cookies don’t require additional explicit consent if you actually use that function.

To not be indistinguishable from "strictly necessary" there would have to be a case where the "functional cookie" actually required consent, right? What case is that and how would you solicit that consent other than some kind of cookie banner?

> “Performance” actually refers to analytics, probably rebranded because users did not want it.

It refers to statistics, but sometimes you do want that, e.g. so the site can tell you how long it took you to do something compared to the average user, or provide those analytics to you. And the fact that this is ambiguous is an obvious problem -- if you get access to the data they collect is that "analytics" or "functional"?

In the face of an ambiguity, most corporate bureaucrats are going to take the risk-averse option, which is to ask for consent in case it turns out to be adjudicated as required ex post facto. The result is quite predictable. If you pass a poorly drafted law, businesses have a general preference for doing something stupid/wasteful/annoying over something that could get them sued or fined.