### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states should also respect the obligations of the un convention on the rights of persons with disabilities and ensure accessibility in line with its article 9 and in accordance with the union law harmonising accessibility requirements for products and services . member states and the commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu . ### horizontal principles as set out in article 3 of the treaty on european union and in article 10 of the tfeu , including principles of subsidiarity and proportionality as set out in article 5 of the teu , should be respected in the implementation of the erdf and the cohesion fund , taking into account the charter of fundamental rights of the european union . member states and the commission should aim at eradicating poverty , eliminating inequalities and at promoting equality between men and women and integrating the gender perspective , as well as at combating discrimination based on sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation . the funds should not support actions that contribute to any form of segregation . the objectives of the erdf and the cohesion fund should be pursued in the framework of sustainable development and the union ' s promotion of the aim of preserving , protecting and improving the quality of the environment as set out in articles 11 and 191 of the tfeu , taking into account the polluter pays principle . in order to protect the integrity of the internal market , operations benefitting undertakings shall comply with state aid rules as set out in articles 107 and 108 of the tfeu .


### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility . ### in addition , investments under the erdf should contribute to the development of a comprehensive high - speed digital infrastructure network , and to promoting clean and sustainable multimodal urban mobility , including with urban - rural links .


### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility , including improved access to ten - t and cross - border mobility ; ### developing sustainable , climate resilient , intelligent and intermodal national , regional and local mobility covering all regions , including disadvantaged regions , regions with small cities and rural areas , as well as improved access to ten - t and cross - border mobility ;


### enhancing the effectiveness of labour markets and access to quality employment through developing social innovation and infrastructure ; ### enhancing the effectiveness and inclusiveness of labour markets and access to quality employment through developing social innovation and infrastructure ;


### improving access to inclusive and quality services in education , training and life long learning through developing infrastructure ; ### improving access to inclusive and quality services in education , training and life long learning through developing infrastructure in particular in rural areas ;


### the erdf may support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] . ### the erdf may support integrated territorial development within programmes under both goals referred to in article 4 of regulation 2018 / xxxx [ new cpr ] in accordance with chapter ii of title iii of that regulation [ new cpr ] . integrated territorial development shall not be limited to urban areas but shall also encompass areas such as metropolitan areas , urban - rural , sub - regional or crossborder areas and isolated rural communities .


### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on urban areas within programmes under both goals referred to in article 4 of that regulation . ### the erdf shall support integrated territorial development based on territorial strategies in accordance with article [ 23 ] of regulation 2018 / xxxx [ new cpr ] focused on , but not limited to , urban areas within programmes under both goals referred to in article 4 of that regulation .


### ‘ active customer’ means a customer or a group of jointly acting customers who consume , store or sell electricity generated on their premises , including through aggregators , or participate in demand response or energy efficiency schemes provided that these activities do not constitute their primary commercial or professional activity ; ### ‘ active customer’ means a final customer who consumes , stores or sells electricity generated on his premises , including through aggregators , or participates in demand response or energy efficiency schemes provided that these activities do not constitute its primary commercial or professional activity ;


### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , investments into flexible energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply . ### member states shall ensure that their national legislation does not unduly hamper cross - border flows of electricity , consumer participation including through demand&#8211 ; side response , long - term investments into flexible and low carbon energy generation , energy storage , the deployment of electro - mobility or new interconnectors , and that electricity prices reflect actual demand and supply .


### member states shall ensure that all customers are free to purchase electricity from the supplier of their choice . ### member states shall ensure that all customers are free to purchase electricity from the producer or supplier of their choice and are free to contract simultaneously with several suppliers .


### all customers within their territory to be supplied through a direct line by a producer and supply undertakings . ### all customers within their territory individually or jointly , to be supplied through a direct line by a producer and supply undertakings .


### the possibility of supplying electricity through a direct line as referred to in paragraph 1 shall not affect the possibility of contracting electricity in accordance with article 6 . ### the possibility of supplying electricity through a direct line as referred to in paragraph 1 shall not affect the possibility of contracting electricity in accordance with article 6 and shall not affect the right of the customer to sign a second supply contract for the residual electricity demand .


### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; ### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve at no cost the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ;


### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the supply price notified to them by their electricity supplier ; ### are given adequate notice of any intention to modify contractual conditions and are informed about their right to dissolve the contract when the notice is given . suppliers shall notify their customers directly of any adjustment in the supply price as well as of the reasons and preconditions for the adjustment and its scope , at an appropriate time no later than one normal billing period before the adjustment comes into effect in a transparent and comprehensible manner . member states shall ensure that customers are free to withdraw from contracts if they do not accept the new contractual conditions or adjustments in the energy supply price notified to them by their electricity supplier ;


### 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 different pricing models .


### member states shall ensure that customers are not charged any switching - related fees . ### member states shall ensure that final customers are not charged any switching - related fees .


### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the customer terminating the contract , including the cost of any bundled investments or services already provided to the customer as part of the contract . ### by way of derogation from paragraph 2 , member states may choose to permit suppliers to charge contract termination fees to final customers willingly terminating fixed term supply contracts before their maturity . such fees may only be charged if final customers receive a demonstrable advantage from these contracts . in addition , such fees shall not exceed the direct economic loss to the supplier of the final customer terminating the contract , including the cost of any bundled investments or services already provided to the final customer as part of the contract .


### member states shall ensure that transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including independent aggregators , in a non - discriminatory manner , on the basis of their technical capabilities . ### member states shall ensure that transmission system operators and distribution system operators when procuring ancillary services , treat demand response providers , including independent aggregators , in a non - discriminatory manner , on the basis of their technical capabilities and at minimum cost .


### member states shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers . ### member states shall ensure that bills fulfil the minimum requirements for billing and billing information as set out in annex ii . the information contained in bills shall be correct , clear , concise and presented in a manner that facilitates comparison by consumers . the information indicated in annex ii , which will not be contained in the bills , shall be made available to the customers by other means as chosen by the member states .


### where smart metering is positively assessed as a result of cost - benefit assessment referred to in article 19 , or systematically rolled out , member states shall implement smart metering systems in accordance with european standards , the provisions in annex iii , and in line with the following principles : ### where smart metering is positively assessed as a result of cost - benefit assessment referred to in article 19 , or systematically rolled out , member states shall implement smart metering systems in accordance with european standards , the provisions in annex iii , and in line with the following principles , for smart meters program deployment initiated after entering into force of this directive :


### the metering systems accurately measure actual electricity consumption and provide to final customers information on actual time of use . that information shall be made easily available and visualised to final customers at no additional cost and at near - real time in order to support automated energy efficiency programmes , demand response and other services ; ### the metering systems accurately measure actual electricity consumption and provide to final customers raw information on actual time of use . that information shall be made easily available and visualised to final customers close to real time in order to support automated energy efficiency programmes , demand response and other services ;


### member states shall define a common data format and a transparent procedure for eligible parties to have access to the data listed under article 23 , in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties . ### member states shall define a common data format and a transparent procedure or ensure interoperability for eligible parties to have access to the data listed under article 23 , in order to promote competition in the retail market and avoid excessive administrative costs for the eligible parties .


### member states shall provide the necessary regulatory framework to allow and incentivise distribution system operators to procure services in order to improve efficiencies in the operation and development of the distribution system , including local congestion management . in particular , regulatory frameworks shall enable distribution system operators to procure services from resources such as distributed generation , demand response or storage and consider energy efficiency measures , which may supplant the need to upgrade or replace electricity capacity and which support the efficient and secure operation of the distribution system . distribution system operators shall procure these services according to transparent , non - discriminatory and market based procedures . ### member states may provide the necessary regulatory framework to allow and incentivise distribution system operators to procure services in order to improve efficiencies in the operation and development of the distribution system . in particular , regulatory frameworks may enable distribution system operators to procure services from resources such as distributed generation , demand response or storage and consider energy efficiency measures , which may supplant the need to upgrade or replace electricity capacity and which support the efficient and secure operation of the distribution system . distribution system operators shall procure these services according to transparent , non - discriminatory and market based procedures . transmission system operators will continue to manage these services in the transmission network and in cases where , after a cost benefit analysis for a service or in a distribution area , the management by the transmission system operator is deemed as more efficient .


### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure . ### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants providing priority access for variable renewable energy sources and including demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure .


### distribution system operators shall define standardised market products for the services procured ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . distribution system operators shall be adequately remunerated for the procurement of such services in order to recover at least the corresponding expenses , including the necessary information and communication technologies expenses , including expenses which correspond to the necessary information and communication infrastructure . ### products for the services procured shall be standardized at national level and defined by the competent authority , in close cooperation with transmission system operators ensuring effective participation of all market participants including renewable energy sources , demand response , and aggregators . distribution system operators shall exchange all necessary information and coordinate with transmission system operators in order to ensure the optimal utilisation of resources , ensure the secure and efficient operation of the system and facilitate market development . the provision of such services by distribution system operators shall be subject to a national authorization and adequately remunerated .


### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid . ### member states shall provide the necessary regulatory framework to facilitate the connection of publicly accessible and private recharging points with or without energy storage to the distribution networks . member states shall ensure that distribution system operators cooperate on a non - discriminatory basis with any undertaking that owns , develops , operates or manages recharging points for electric vehicles , including with regard to connection to the grid with or without energy storage , at a reasonable cost .


### member states may allow distribution system operators to own , develop , manage or operate recharging points for electric vehicles only if the following conditions are fulfilled : ### by way of derogation from paragraph 1a , member states may allow distribution system operators to own , develop , manage or operate recharging points for electric vehicles only if all of the following conditions are fulfilled :


### member states shall ensure that all eligible parties have non - discriminatory access to data under clear and equal terms . in member states where smart metering systems have been implemented according to article 19 and distribution system operators are involved in data management , compliance programmes as set in article 35 shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in article 23 . where distribution system operators are not subject to article 35 , and , member states shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activity . ### member states shall ensure that all eligible parties have non - discriminatory access to data under clear and equal terms , and are in compliance with data and information protection legislation . in member states where smart metering systems have been implemented according to article 19 and distribution system operators are involved in data management , compliance programmes as set in article 35 shall include specific measures in order to exclude discriminatory access to data from eligible parties as provided for in article 23 . where distribution system operators are not subject to article 35 , and , member states shall take all necessary measures to ensure that the vertically integrated undertaking do not have privileged access to data for the conduct of its supply activity .


### by way of derogation from paragraph 1 , member states may allow transmission system operators to own , manage or operate storage facilities or assets providing non - frequency ancillary services if the following conditions are fulfilled : ### by way of derogation from paragraph 1 , member states may allow transmission system operators to own , manage or operate storage facilities or assets providing non - frequency ancillary services if all of the following conditions are fulfilled :


### monitoring the availability of comparison websites , including comparison tools that fulfil the criteria set out in article 14 and annex i . ### monitoring the availability of comparison tools , including comparison websites , apps and other interactive means , that fulfil the criteria set out in article 14 .


### to impose effective , proportionate and dissuasive penalties on electricity undertakings not complying with their obligations under this directive or any relevant legally binding decisions of the regulatory authority or of the agency , or to propose that a competent court impose such penalties . this shall include the power to impose or propose the imposition of penalties of up to 10 % of the annual turnover of the transmission system operator on the transmission system operator or of up to 10 % of the annual turnover of the vertically integrated undertaking on the vertically integrated undertaking , as the case may be , for non - compliance with their respective obligations pursuant to this directive ; and ### at own initiative or upon request from the agency to enforce its binding decisions , to impose effective , proportionate and dissuasive penalties on electricity undertakings , entso of electricity or regional coordination centres , not complying with their obligations under this directive , [ recast of regulation as proposed by com 861 / 2 ] , or any relevant legally binding decisions of the regulatory authority or of the agency , or to propose that a competent court impose such penalties . this shall include the power to impose or propose the imposition of penalties of up to 10 % of the annual turnover of the transmission system operator on the transmission system operator or of up to 10 % of the annual turnover of the vertically integrated undertaking on the vertically integrated undertaking , as the case may be , for non - compliance with their respective obligations pursuant to this directive ; and


### duties and powers of regulatory authorities with respect to regional operational centres ### duties and powers of competent authorities with respect to regional coordination centres


### the regional regulatory authorities of the geographical area where a regional operational centre is established shall , in close coordination with each other : ### competent authorities of member states affected by the operation of a regional coordination centre shall by agreement :


### the following information shall be prominently displayed to final customers in their bills and periodical settlement bills : ### the following key information shall be prominently displayed to final customers in their bills and periodical settlement bills , distinctly apart from other parts of the bill :


### such assessment shall take into consideration the methodology for a cost - benefit analysis and the minimum functionalities for smart metering defined in the commission recommendation 2012 / 148 / eu as well as best available techniques for ensuring the highest level of cybersecurity and data protection . ### such assessment shall take into consideration the situation of the set of meters , the methodology for a cost - benefit analysis and the minimum functionalities for smart metering defined in the commission recommendation 2012 / 148 / eu as well as best available techniques for ensuring the highest level of cyber security and data protection .


### creativity and innovation are crucial for the competitiveness of the union’s industrial value chains . they represent catalysts for industrial modernisation and contribute to smart , inclusive sustainable growth . however , uptake by smes is still lagging behind . the programme should therefore support targeted actions , networks and partnerships for creativity - driven innovation throughout the industrial value chain . ### creativity and innovation are crucial for the competitiveness of the union’s business value chains . they represent catalysts for the modernisation of the business sector and contribute to smart , inclusive sustainable growth . however , uptake by smes is still lagging behind . the programme should therefore support targeted actions , networks and partnerships for creativity - driven innovation throughout the business value chain .


### directive 2003 / 87 / ec of the european parliament and of the council15 established a system for greenhouse gas emission allowance trading within the union in order to promote reductions of greenhouse gas emissions in a cost - effective and economically efficient manner . __________________ 15 directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec . ### directive 2003 / 87 / ec of the european parliament and of the council15 established a system for greenhouse gas emission allowance trading within the union in order to promote reductions of greenhouse gas emissions in a cost - effective and economically efficient manner in order to safeguard the international competitiveness of eu industry that does not lead to carbon and investment leakage . __________________ 15 directive 2003 / 87 / ec of the european parliament and of the council of 13 october 2003 establishing a scheme for greenhouse gas emission allowance trading within the community and amending council directive 96 / 61 / ec .


### the european council confirmed that a well - functioning , reformed eu ets with an instrument to stabilise the market will be the main european instrument to achieve this target , with an annual reduction factor of 2 . 2 % from 2021 onwards , free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy , as long as no comparable efforts are undertaken in other major economies , without reducing the share of allowances to be auctioned . the auction share should be expressed as a percentage figure in the legislation , to enhance planning certainty as regards investment decisions , to increase transparency and to render the overall system simpler and more easily understandable . ### the european council confirmed that a well - functioning , reformed eu ets with an instrument to stabilise the market will be the main european instrument to achieve this target , with an annual reduction factor of 2 . 2 % from 2021 onwards , free allocation not expiring but existing measures continuing after 2020 to prevent the risk of carbon leakage due to climate policy , as long as no comparable efforts are undertaken in other major economies , while the share of allowances to be auctioned should be reduced . the auction share should be expressed as a percentage figure in the legislation , to enhance planning certainty as regards investment decisions , to increase transparency and to render the overall system simpler and more easily understandable .


### article 191 of the treaty on the functioning of the european union requires that union policy is based on the principle that the polluter should pay and , on this basis , directive 2003 / 87 / ec provides for a transition to full auctioning over time . avoiding carbon leakage is a justification to postpone full transition , and targeted free allocation of allowances to industry is justified in order to address genuine risks of increases in greenhouse gas emissions in third countries where industry is not subject to comparable carbon constraints as long as comparable climate policy measures are not undertaken by other major economies . ### a transition to full auctioning can begin only once equivalent emissions trading systems have been introduced worldwide .


### a modernisation fund should be established from 2% of the total eu ets allowances , and auctioned in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . the function of the governance structure should be commensurate with the purpose of ensuring the appropriate use of the funds . that governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the eib in the decision - making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the modernisation fund . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms . ### a modernisation fund should be established from 2% of the total eu ets allowances , and auctioned in accordance with the rules and modalities for auctions taking place on the common auction platform set out in regulation 1031 / 2010 . member states who in 2013 or 2014 had a gdp per capita at market exchange rates of below 60% below the union average should be eligible for funding from the modernisation fund and derogate up to 2030 from the principle of full auctioning for electricity generation by using the option of free allocation in order to transparently promote real investments modernising their energy sector while avoiding distortions of the internal energy market . the rules for governing the modernisation fund should provide a coherent , comprehensive and transparent framework to ensure the most efficient implementation possible , taking into account the need for easy access by all participants . such rules should be transparent , balanced and commensurate with the purpose of ensuring the appropriate use of the funds . the governance structure should be composed of an investment board and a management committee and due account should be taken of the expertise of the eib in the decision - making process unless support is provided to small projects through loans from a national promotional banks or through grants via a national programme sharing the objectives of the modernisation fund . investments financed from the fund should be proposed by the member states . to ensure that the investment needs in low income member states are adequately addressed , the distribution of funds will take into account in equal shares verified emissions and gdp criteria . the financial assistance from the modernisation fund could be provided through different forms .


### 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain member states as set out in article 10d of this directive . ### 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain member states as set out in article 10d of this directive . this share shall be available from the auctioning volume .


### 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy efficiency and modernise the energy systems of certain member states as set out in article 10d of this directive . ### 2% of the total quantity of allowances between 2021 and 2030 shall be auctioned to establish a fund to improve energy security , energy efficiency and modernise the energy systems of certain member states as set out in article 10d of this directive .


### ' 5 . the commission shall monitor the functioning of the european carbon market . each year , it shall submit a report to the european parliament and to the council on the functioning of the carbon market including the implementation of the auctions , liquidity and the volumes traded . if necessary , member states shall ensure that any relevant information is submitted to the commission at least two months before the commission adopts the report . ' ### in article 10 , paragraph 5 is replaced by the following : ' 5 . the commission shall monitor the functioning of the european carbon market . each year , it shall submit a report to the european parliament and to the council on the functioning of the carbon market including the implementation of the auctions , liquidity and the volumes traded . in its monitoring , the commission shall give particular attention to the risk of carbon and investment leakage . the report shall also address the interaction between the eu ets , non - ets and other climate and energy measures at european and national level , and shall analyse the implication of various policy instruments on the level of demand for union allowances and its consequences on the supply - demand balance in the carbon market . if necessary , member states shall ensure that any relevant information is submitted to the commission at least two months before the commission adopts the report . . '


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### the commission shall be empowered to adopt a delegated act in accordance with article 23 in order to adapt commission ' s regulation 1031 / 2010 accordingly , on or before 30 june 2018 .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for significant production increases by applying the same thresholds and allocation adjustments as apply in respect of partial cessations of operation . ### the commission shall be empowered to adopt a delegated act in order to revise the rules referred to in this paragraph in accordance with article 23 . this act shall also provide for additional allocation from the new entrants reserve for production changes . any increase or decrease in production reported through verified production data from two years before in accordance with article 11 should on an annual basis result in a corresponding adjustment of the amount of free allowances granted to each installation by placing allowances into or releasing allowances from the reserve referred to in paragraph 7 .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### for this purpose , the commission shall be empowered to adopt a delegated act in accordance with article 23 in order to adapt commission ' s regulation 601 / 2012 , on or before 31 december 2019 .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### for this purpose , the commission shall be empowered to adopt a delegated act in accordance with article 23 in order to adapt commission ' s regulation 600 / 2012 , on or before 31 december 2019 .


### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council . ### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases of more than 10% expressed as the rolling average of verified production data for the two preceding years compared to the production activity reported in accordance with article 11 . in addition , 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council shall be set aside for this purpose .


### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with 250 million allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council . ### allowances from the maximum amount referred to article 10a of this directive which were not allocated for free up to 2020 shall be set aside for new entrants and significant production increases , together with all allowances placed in the market stability reserve pursuant to article 1 of decision 2015 / … of the european parliament and of the council .


### the commission shall be empowered to adopt a delegated act in accordance with article 23 . ### for this purpose , the commission shall be empowered to adopt a delegated act in accordance with article 23 in order to adapt commission ' s decision 2010 / 670 / eu .


### in addition , 50 million unallocated allowances from the market stability reserve established by decision 2015 / … shall supplement any existing resources remaining under this paragraph for projects referred to above , with projects in all member states including small - scale projects , before 2021 . projects shall be selected on the basis of objective and transparent criteria . ### in addition , 50 million unallocated allowances from the market stability reserve established by decision 2015 / … shall supplement any existing resources remaining under this paragraph as a consequence of funds resulting from ner300 allowance auctions between 2013 and 2020 not having been used , for projects referred to in subparagraphs 1 and 2 , with projects in all member states including small - scale projects , before 2021 and from 2018 onwards . projects shall be selected on the basis of objective and transparent criteria , taking into account their relevance in relation to the decarbonisation of the related sectors . projects supported under this subparagraph may also receive further support under sub - paragraphs 1 and 2 .


### by 31 december 2019 , the commission shall adopt a delegated act for the preceding paragraphs for activities at a 4 - digit level as concerns paragraph 1 , in accordance with article 23 , based on data for the three most recent calendar years available . ### by 31 december 2018 , the commission shall adopt a delegated act for the preceding paragraphs for activities at a 4 - digit level or at the relevant level of disaggregation based on public and sector specific data as concerns paragraph 1 , in accordance with article 23 , based on data for the three most recent calendar years available .


### a fund to support investments in modernising energy systems and improving energy efficiency in member states with a gdp per capita below 60% of the union average in 2013 shall be established for the period 2021 - 30 and financed as set out in article 10 . ### a fund to support and leverage investments in modernising energy systems , including district heating , and improving energy efficiency in member states with a gdp per capita below 60% of the union average in 2013 or 2014 shall be established for the period 2021 - 30 and financed as set out in article 10 .


### the funds shall be distributed based on a combination of a 50% share of verified emissions and a 50% share of gdp criteria , leading to the distribution set out in annex iib . ### the funds shall be distributed based on a combination of a 50% share of verified emissions and a 50% share of gdp criteria , leading to the distribution set out in annex iib . the beneficiary member states and the commission shall ensure that the allowances referred to in article 10 shall be transferred to the eib for monetisation .


### ' 3a . an obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with directive 2009 / 31 / ec of the european parliament and of the council of 23 april 2009 on the geological storage of carbon dioxide . ' ### in article 12 , paragraph 3a is amended as follows : ' 3a . an obligation to surrender allowances shall not arise in respect of emissions verified as captured and transported for permanent storage to a facility for which a permit is in force in accordance with directive 2009 / 31 / ec of the european parliament and of the council of 23 april 2009 on the geological storage of carbon dioxide , nor in respect of emissions verified as captured and / or re - used in an application ensuring a permanent bound of the co2 , for the purpose of carbon capture and re - use . ' . '


### ' article 27 exclusion of small installations subject to equivalent measures following consultation with the operator , member states may exclude from the community scheme installations which have reported to the competent authority emissions of less than 25 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures applying to that installation that will achieve an equivalent contribution to emission reductions that are in place , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 which are below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 25 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that will achieve an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the community scheme ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . ' ### in article 27 , paragraph 1 is replaced by the following : ' 1 ' following consultation with the operator and subject to its agreement , member states may exclude from the eu ets installations which have reported to the competent authority emissions of less than 50 000 tonnes of carbon dioxide equivalent and , where they carry out combustion activities , have a rated thermal input below 35 mw , excluding emissions from biomass , in each of the three years preceding the notification under point , and which are subject to measures that will achieve an equivalent contribution to emission reductions , if the member state concerned complies with the following conditions : it notifies the commission of each such installation , specifying the equivalent measures that are in place applying to that installation and that are aimed at making an equivalent contribution to emission reductions , before the list of installations pursuant to article 11 has to be submitted and at the latest when this list is submitted to the commission ; it confirms that monitoring arrangements are in place to assess whether any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year . member states may allow simplified monitoring , reporting and verification measures for installations with average annual verified emissions between 2008 and 2010 below 5 000 tonnes a year , in accordance with article 14 ; it confirms that if any installation emits 50 000 tonnes or more of carbon dioxide equivalent , excluding emissions from biomass , in any one calendar year or the measures applying to that installation that are aimed at making an equivalent contribution to emission reductions are no longer in place , the installation will be reintroduced into the eu ets ; it publishes the information referred to in points , and for public comment . hospitals may also be excluded if they undertake equivalent measures . ' '


### proposal for a regulation of the european parliament and of the council on establishing a multi - annual plan for demersal stocks in the north sea and the fisheries exploiting those stocks and repealing council regulation 676 / 2007 and council regulation 1342 / 2008 ### proposal for a regulation of the european parliament and of the council on establishing a multi - annual plan for certain demersal stocks in the north sea and adjoining waters , and the fisheries exploiting those stocks , adopting provisions concerning the implementation of the landing obligation in the north sea and in all other waters of the union and outside it which do not fall under the sovereignty or jurisdiction of third countries , and repealing council regulation 676 / 2007 and council regulation 1342 / 2008


### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture are environmentally sustainable in the long - term , to apply the precautionary approach to fisheries management , and to implement the ecosystem - based approach to fisheries management . ### the objectives of the cfp are , amongst others , to ensure that fishing and aquaculture are environmentally sustainable in the long - term , to apply the precautionary approach to fisheries management , where appropriate and on condition that this is done carefully and in a clearly defined manner .


### article 16 of regulation no 1380 / 2013 requires that fishing opportunities be fixed in accordance with the targets set out in the multi - annual plans . ### article 16 of regulation no 1380 / 2013 requires that fishing opportunities be fixed in accordance with the objective set out in article 2 of regulation no 1380 / 2013 and comply with the targets , time - frames and margins established in the multi - annual plans .


### for norway lobster functional units for which they are available , it is appropriate to use the following trigger abundance levels : minimum abundance that corresponds to the bbuffer reference point defined in the long term management plan for north sea nephrops by the north sea advisory council42 and the limit abundance that corresponds to abundance msy btrigger as defined by ices7 . _________________ 42 a long term management plan for north sea nephrops ### for norway lobster functional units for which they are available , it is appropriate to use ices advised minimum abundance and limit abundance as trigger abundance levels .


### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation . such assessment should follow and be based on periodic evaluation of the plan based on scientific advice : the plan should be evaluated every five years . this period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted , implemented and to show effects on the stocks and fishery . it is also the minimum required period by scientific bodies . ### in accordance with article 10 of regulation no 1380 / 2013 provisions should be established for the periodical assessment by the commission of the adequacy and effectiveness of the application of this regulation . such assessment should follow and be based on periodic evaluation of the plan based on scientific advice : the plan should be evaluated by three years after the entry into force of this regulation , and every five years thereafter . this period allows for the full implementation of the landing obligation , and for regionalised measures to be adopted , implemented and to show effects on the stocks and fishery . it is also the minimum required period by scientific bodies .


### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying the precautionary approach to fisheries management , and shall aim to ensure that exploitation of living marine biological resources restores and maintains populations of harvested species above levels which can produce the maximum sustainable yield . ### the plan shall contribute to the achievement of the objectives of the common fisheries policy listed in article 2 of regulation no 1380 / 2013 , in particular by applying an appropriate and flexible approach to fisheries management , and shall aim , inter alia , to use living marine biological resources in such a way as to restore and maintain populations of harvested species above levels which can produce the maximum sustainable yield .


### when scientific advice indicates that for a given year the spawning biomass of any of the stocks in group 1 is below the msy btrigger or that the abundance of any of the functional units in group 2 is below the abundancebuffer set out in annex ii , column a , all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing maximum sustainable yield . in particular , by way of derogation from article 4 fishing opportunities shall be set at levels consistent with a fishing mortality , taking into account the decrease in biomass or abundance , that is reduced below the range laid down in annex i , column a . ### when scientific advice indicates that in three consecutive years the spawning biomass of any of the stocks in group 1 is below the msy btrigger or that the abundance of any of the functional units in group 2 is below the abundancebuffer set out in annex ii , column a , all appropriate remedial measures shall be adopted to ensure rapid return of the stock or functional unit concerned to levels above those capable of producing maximum sustainable yield . in particular , by way of derogation from article 4 fishing opportunities shall be set at levels consistent with a fishing mortality , taking into account the decrease in biomass or abundance , that is reduced below the range laid down in annex i , column b .


### when scientific advice indicates that the spawning stock biomass of any of the stocks concerned is below the blim or the abundance of any of the norway lobster functional units is below abundancelimit as set out in annex ii , column b to this regulation , further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing maximum sustainable yield . in particular , those remedial measures shall include , by way of derogation from paragraphs 2 and 4 of article 4 , suspending the targeted fishery for the stock concerned and the adequate reduction of fishing opportunities . ### when scientific advice indicates that the spawning stock biomass of any of the stocks concerned is below the blim or the abundance of any of the norway lobster functional units is below abundancelimit as set out in annex ii , column b to this regulation , further remedial measures shall be taken to ensure rapid return of the stock or functional unit concerned to levels above the level capable of producing maximum sustainable yield . in particular , those remedial measures may entail , by way of derogation from paragraphs 2 and 4 of article 4 , suspending the targeted fishery for the stock or functional unit concerned and the adequate reduction of fishing opportunities .


### total allowable catches ### fishing opportunities


### this directive should not apply to energy related products covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by chapter iii or iv of directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities . ### to avoid double regulation , this directive should not apply to medium combustion plants covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by chapter iii or iv of directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities .


### this directive should not apply to energy related products covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by chapter iii or iv of directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities . ### this directive should not apply to combustion plants covered by implementing measures adopted in accordance with directive 2009 / 125 / ec or by directive 2010 / 75 / eu . certain other combustion plants should also be exempted from the scope of this directive , on the basis of their technical characteristics or their use in particular activities . no combustion plant should be subject to double regulation . if needed , the commission should come forward with clarifying guidelines .


### in accordance with article 193 of the treaty on the functioning of the european union , this directive does not prevent member states from maintaining or introducing more stringent protective measures , for example for the purposes to comply with environmental quality standards . in particular , in zones not complying with air quality limit values , more stringent emission limit values , which would also promote eco - innovation in the union , facilitating in particular market access of small and medium enterprises , should be applied by member states , such as the benchmark values set out in annex iii to this directive . ### in accordance with article 193 of the treaty on the functioning of the european union , this directive does not prevent member states from maintaining or introducing more stringent protective measures , for example for the purposes to comply with environmental quality standards . in particular , in zones not complying with air quality limit values , it should be possible for member states to apply more stringent emission limit values , such as the benchmark values set out in annex iii to this directive .


### in order to limit the burden for small and medium enterprises operating medium combustion plants , the administrative obligations on operators for notifying , monitoring and reporting should be proportionate , while still allowing effective compliance verification by the competent authorities . ### in order to limit the burden for small and medium enterprises operating medium combustion plants , the administrative obligations on operators for notifying , monitoring and reporting should be proportionate and avoid duplication , while still allowing effective compliance verification by the competent authorities .


### combustion plants in which the gaseus products of combustion are used for the direct heating , drying or any other treatment of objects or materials ; ### combustion plants in which the products of combustion are used for the direct heating , drying or any other treatment of objects or materials , such as melting furnaces , reheating furnaces , furnaces for heat treatment ;


### ‘ existing combustion plant’ means a combustion plant put into operation before [ 1 year after the date of transposition ] ; ### ‘ existing combustion plant’ means a combustion plant put into operation before [ 2 years after the date of transposition ] ;


### registration ### permits and registration


### member states shall take the necessary measures to ensure that medium combustion plants are operated only if they are registered by the competent authority . ### member states shall take the necessary measures to ensure that new medium combustion plants are operated only if they were granted a permit or are registered by the competent authority .


### the procedure for registration shall include at least a notification to the competent authority by the operator of the operation or the intention to operate a medium combustion plant . ### the procedure for granting a permit or for registration shall include at least a notification to the competent authority by the operator of the operation or the intention to operate a medium combustion plant .


### the competent authority shall register the medium combustion plant within one month following the notification by the operator and shall inform the operator thereof . ### the competent authority shall register , or start the procedure for granting a permit to , the medium combustion plant within one month following the notification by the operator and shall inform the operator thereof .


### those combustion plants shall be registered by [ thirteen months after the date of transposition ] . ### those combustion plants shall be registered or granted a permit by [ thirteen months after the date of transposition ] .


### member states may exempt new medium combustion plants which do not operate more than 500 operating hours per year from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply . ### member states may exempt new medium combustion plants which do not operate more than 1000 operating hours per year as a rolling average over a period of five years from compliance with the emission limit values set out in part 2 of annex ii . in that case , for plants firing solid fuels , an emission limit value for particulate matter of 100 mg / nm³ shall apply .


### in zones not complying with eu air quality limit values laid down in directive 2008 / 50 / ec , member states shall apply , for individual medium combustion plants in those zones , emission limit values based on the benchmark values laid down in annex iii or on stricter values established by the member states , unless it is demonstrated to the commission that applying such emission limit values would entail disproportionate costs and that other measures ensuring compliance with the air quality limit values have been included in the air quality plans required under article 23 of directive 2008 / 50 / ec . ### in zones not complying with eu air quality limit values laid down in directive 2008 / 50 / ec , member states may apply , for individual medium combustion plants in those zones , stricter emission limit values which may be based on the benchmark values laid down in annex iii .


### the proof of registration by the competent authority ; ### the proof of registration or the permit granted by the competent authority ;


### member states shall , by [ 2 years after the date of transposition ] , report to the commission a summary of the data listed in annex i , with an estimate of the total annual emissions of sulphur dioxide , nitrogen oxides and particulate matter from these plants , grouped by fuel type and capacity class . ### member states shall , by 1 october 2026 report to the commission an estimate of the total annual emissions of sulphur dioxide , nitrogen oxides and dust from medium combustion plants , grouped by fuel type and capacity class .


### the commission in its communication a digital single market strategy for europe30 and in its communication eu e - government action plan 2016 - 2020 : accelerating the digital transformation of government31 stressed the role of public administrations in helping businesses to easily set up business , operate online and expand across borders . the eu e - government action plan specifically recognised the importance of improving the use of digital tools when complying with company law related requirements . furthermore , in the 2017 tallinn declaration on egovernment , member states made a strong call to step up efforts for the provision of efficient , user - centric electronic procedures in the union . _________________ 30 com 192 final of 6 may 2015 . 31 com 192 final of 6 may 2015 . ### in order to ensure that eu company law is fair , inclusive and up to date , the commission in its communication a digital single market strategy for europe30 and in its communication eu e - government action plan 2016 - 2020 : accelerating the digital transformation of government , 31 stressed the role of public administrations in helping entrepreneurs to easily set up business , operate online and expand across borders . the eu e - government action plan specifically recognised the importance of improving the use of digital tools when complying with company law related requirements . furthermore , in the 2017 tallinn declaration on egovernment , member states made a strong call to step up efforts for the provision of efficient , user - centric electronic procedures in the union . _________________ 30 com 192 final of 6 may 2015 . 31 com 192 final of 6 may 2015 .


### in order to facilitate the registration of companies and their branches and to reduce the costs and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec32 , procedures should be put in place to enable registration to be completed fully online . such costs and burdens derive not only from administrative fees charged for setting up a company , but also from other requirements which make the overall process longer to complete , in particular when the physical presence of the applicant or their representative is required . in addition , information on these procedures should be made available online and free of charge . _________________ 32 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises . ### in order to facilitate the registration of companies and their branches and to reduce the costs , length of time and administrative burdens associated with the registration process , in particular by micro , small and medium - sized enterprises as defined in commission recommendation 2003 / 361 / ec32 procedures should be put in place to enable registration to be completed fully online . such costs and burdens derive not only from administrative fees charged for setting up a company , but also from other requirements which make the overall process longer to complete , in particular when the physical presence of the applicant or their representative is required , which might cause them to miss a business opportunity . in addition , information on these procedures should be made available online and free of charge . _________________ 32 commission recommendation 2003 / 361 / ec of 6 may 2003 concerning the definition of micro , small and medium - sized enterprises .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . _________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . however , member states may also recognise other identification means such as a scanned copy of a passport . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . __________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec . ### enabling the fully online registration of companies and branches and the fully online filing of documents and information would allow companies to use digital tools in their contacts with competent authorities of member states . in order to enhance trust , member states should ensure that secure electronic identification and the use of trust services is possible for national as well as cross - border users in accordance with regulation no 910 / 2014 of the european parliament and of the council34 . furthermore , in order to enable cross - border electronic identification , member states should set up electronic identification schemes which provide for authorised electronic identification means . such national schemes would be used as a basis for the recognition of electronic identification means issued in another member state . in order to ensure the high level of trust in cross - border situations , only electronic identification means which comply with article 6 of regulation no 910 / 2014 should be recognised . in any event , this directive should only oblige member states to enable online registration of companies and their branches and online filing by union citizens through the recognition of their electronic identification means . __________________ 34 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### in order to facilitate online procedures for companies , member states’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service . furthermore , member states should assist those seeking to establish a company or a branch by providing up - to - date , clear , concise and user - friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches . concerning private limited liability companies , more detailed information should be made available to applicants and directors because member states should also ensure the possibility of fully online registration for such companies . ### in order to facilitate online procedures for companies , member states’ registers should not charge for online registration or online submission of information over and above the actual administrative costs of providing the service . furthermore , member states should assist those seeking to establish a company or a branch by providing , without any unjustified delay , up - to - date , clear , concise and user - friendly information concerning the procedures and requirements to establish and operate limited liability companies and their branches . concerning private limited liability companies , more detailed information should be made available to applicants and directors because member states should also ensure the possibility of fully online registration for such companies .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### measures to achieve the objective of giving all eu companies the same opportunities must respect member states’ existing traditions of company law , it being important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , as well as the online filing of documents and information , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches and online filing of documents and information , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches and online filing of documents and information which are not regulated in this directive should be governed by national law .


### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law . ### in order to respect member states’ existing traditions of company law , it is important to allow flexibility as regards the manner in which they ensure a fully online system of registration of companies and branches as well as the online filing of documents and information , including in relation to the role of notaries or lawyers in such a process . matters concerning online registration of companies and branches which are not regulated in this directive should be governed by national law .


### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches should also include controls on the identity and legal capacity of persons seeking to establish a company or branch . however , the means and methods to achieve these controls should be left to member states to develop and adopt . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio the central employment services of member states - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration process , however , such involvement should not prevent the completion of the registration procedure in its entirety online . ### furthermore , in order to tackle fraud and company hijacking and to provide safeguards for the reliability and trustworthiness of documents and information contained within national registers , provisions concerning the online registration of companies and their branches and the online filing of documents and information should also include controls on legality and controls on the identity and legal capacity of persons seeking to establish a company or branch or file documents and information . those rules could include , amongst others , verification by means of video - conference or other online means that provide a real - time audio the central employment services of member states - visual connection . to that effect member states should be able to require the involvement of notaries or lawyers as a part of the online registration and filing process , however , such involvement should not prevent the completion of the registration and filing procedure in its entirety online .


### similarly with regard to the online registration of companies , in order to reduce the costs and burdens on companies , it should also be possible throughout the companies ' lifecycle to submit documents and information fully online to national registers . at the same time , member states should have the possibility to allow companies to file documents and information by other means , including by paper . in addition , the disclosure of company information should be effected once the information is made publicly available in those registers , since they are now interconnected and provide a comprehensive point of reference for users . in order to avoid disruption to the existing means of disclosure , member states should have the choice also to publish either all or some of the company information in a national gazette , whilst at the same time ensuring that the information is sent electronically by the register to that national gazette . ### similarly with regard to the online registration of companies , in order to reduce the costs and burdens on companies , it should also be possible throughout the companies ' lifecycle to submit documents and information fully online to national registers . any requirements as to the authenticity , accuracy and due legal form of any submitted document or information should be subject to national law and in compliance with regulation no 910 / 2014 of the european parliament and of the council1 . at the same time , member states should have the possibility to allow companies to file documents and information by other means , including by paper . in addition , the disclosure of company information should be effected once the information is made publicly available in those registers , since they are now interconnected and provide a comprehensive point of reference for users . in order to avoid disruption to the existing means of disclosure , member states should have the choice also to publish either all or some of the company information in a national gazette , whilst at the same time ensuring that the information is sent electronically by the register to that national gazette . _______________________ 1 regulation no 910 / 2014 of the european parliament and of the council of 23 july 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing directive 1999 / 93 / ec .


### in order to cut costs and reduce administrative burden for companies , member states should apply the ‘ once - only’ principle in the area of company law . applying the once - only principle entails that companies are not asked to submit the same information to public authorities more than once . for example , companies should not have to submit the same information both to the national register and to the national gazette . instead , the register should provide the information already submitted directly to the national gazette . similarly , where a company is incorporated in one member state and wants to register a branch in another member state , it should be possible for the company to make use of the information or documents previously submitted to a register . furthermore , where a company is incorporated in one member state but has a branch in another member state it should be possible for the company to submit certain changes to their company information only to the register where the company is registered , without the need to submit the same information to the register where the branch is registered . instead , information such as change of company name or change of registered office of the company should be exchanged electronically between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers . ### in order to cut costs and reduce the length of the procedures and administrative burden for companies , member states should apply the ‘ once - only’ principle in the area of company law , which is firmly supported by commission initiatives such as the proposal for a regulation on the single digital gateway or the egovernment action plan as well as the tallinn declaration on egovernment . applying the once - only principle entails that companies are not asked to submit the same information to public authorities more than once . for example , companies should not have to submit the same information both to the national register and to the national gazette . instead , the register should provide the information already submitted directly to the national gazette . similarly , where a company is incorporated in one member state and wants to register a branch in another member state , it should be possible for the company to make use of the information or documents previously submitted to a register . furthermore , where a company is incorporated in one member state but has a branch in another member state it should be possible for the company to submit certain changes to their company information only to the register where the company is registered , without the need to submit the same information to the register where the branch is registered . instead , information such as change of company name or change of registered office of the company should be exchanged electronically between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers .


### in order to cut costs and reduce administrative burden for companies , member states should apply the ‘ once - only’ principle in the area of company law . applying the once - only principle entails that companies are not asked to submit the same information to public authorities more than once . for example , companies should not have to submit the same information both to the national register and to the national gazette . instead , the register should provide the information already submitted directly to the national gazette . similarly , where a company is incorporated in one member state and wants to register a branch in another member state , it should be possible for the company to make use of the information or documents previously submitted to a register . furthermore , where a company is incorporated in one member state but has a branch in another member state it should be possible for the company to submit certain changes to their company information only to the register where the company is registered , without the need to submit the same information to the register where the branch is registered . instead , information such as change of company name or change of registered office of the company should be exchanged electronically between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers . ### in order to cut costs and reduce administrative burden for companies , member states should apply the ‘ once - only’ principle in the area of company law . applying the once - only principle entails that companies are not asked to submit the same information to public authorities more than once . for example , companies should not have to submit the same information both to the national register and to the national gazette . instead , the register should provide the information already submitted directly to the national gazette . similarly , where a company is incorporated in one member state and wants to register a branch in another member state , it should be possible for the company to make use of the information or documents previously submitted to a register . furthermore , where a company is incorporated in one member state but has a branch in another member state it should be possible for the company to submit certain changes to their company information only to the register where the company is registered , without the need to submit the same information to the register where the branch is registered . instead , information such as change of company name or change of registered office of the company should be transferred electronically , automatically and immediately , between the register where the company is registered and the register where the branch is registered using the system of interconnection of registers .


### in the interest of transparency and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities can easily access company information . to improve the accessibility of that information , more information should be available free of charge in all member states . such information should include the website of the company , where applicable and , the legal status of the company and its branches in another member states , where available in national registers . it should also include information concerning the persons authorised to represent companies and the number of employees where this information is available . ### in the interest of transparency , protection of the interests of workers , creditors and minority shareholders and to promote trust in business transactions , including those with a cross - border nature within the single market , it is important that investors , stakeholders , business partners and authorities can easily access company information . to improve the accessibility of that information , more information should be available free of charge in all member states . such information should include the website of the company , where applicable and , the legal status of the company and its branches in another member states , where available in national registers . it should also include information concerning the persons authorised to represent companies and the number of employees where this information is available .


### in order to help companies established in the single market to more easily expand their business activities cross - border , it should be possible for them to open and register branches in another member state online . therefore member states should enable , in a similar manner to companies , the online registration of branches and the online filing of documents and information . ### in order to help companies established in the single market to more easily expand their business activities cross - border , it should be possible for them to open and register branches in another member state online . therefore member states should enable , in a similar manner to companies , the online registration of branches and the online filing of documents and information , thereby helping to cut costs , while reducing the administrative burden and the length of time taken by formalities relating to cross - border expansion .


### when registering a branch of a company registered in another member state , member states should also be able to verify certain information about the company through the interconnection of registers when a branch is registered in that member state . furthermore , where a branch is closed in one member state , the register of that member state should inform the member state where the company is registered of this through the system of interconnection of registers and both registers should record this information . ### when registering a branch of a company registered in another member state , member states should also be able to verify certain information about the company through the interconnection of registers when a branch is registered in that member state . furthermore , where a branch is closed in one member state , the register of that member state should inform the member state where the company is registered of this automatically and immediately through the system of interconnection of registers and both registers should record this information .


### “registration” means the formation of a company as a legal entity ; ### “online registration” means the digitalised process of formation of a company and its entry in a business register as a legal entity ;


### ' registration ' means the formation of a company as a legal entity ; ### ' registration ' means the whole process of formation of a company by means of digital tools , from the identification of the applicant , the drawing up or submitting of the instrument of constitution , to the entry of the company in a business register as a legal entity , as provided for in national law ; and as regards branches , means the process leading to disclosure of documents and information relating to a branch opened in a member state .


### “template” means a model for the instrument of constitution of a company which is drawn up by member states in compliance with national law and is used for the online registration of a company ; ### “instrument of constitution template” means a model for the instrument whereby a company is constituted , which is drawn up by member states in compliance with national law and is used for the online registration of a company ;


### fees for online registration and online filing ### fees for online registration and online filing of documents and information


### templates for registration of companies ### templates for online registration of companies


### the rules , referred to in paragraph 2 , shall at least provide for the following : ### the provisions of article 13f , paragraphs 3 to 5 , shall apply mutatis mutandis .


### the means to verify the identity of the person or persons registering the branch or their representatives . ### deleted


### member states shall make the necessary arrangements to ensure that their registers are able to provide , by means of the system referred to in article 22 , the information referred to in paragraph 1 of this article and in respect of what period any disqualification is in force . this information shall be provided for the purpose of registration and member states may also provide the grounds of disqualification . ### member states shall make the necessary arrangements to ensure that their registers are able to provide , without unjustified delay , by means of the system referred to in article 22 , the information referred to in paragraph 1 of this article and in respect of what period any disqualification is in force . this information shall be provided for the purpose of registration and member states may also provide the grounds of disqualification .


### member states shall make the necessary arrangements to ensure that their registers are able to provide , by means of the system referred to in article 22 , the information referred to in paragraph 1 of this article and in respect of what period any disqualification is in force . this information shall be provided for the purpose of registration and member states may also provide the grounds of disqualification . ### member states shall make the necessary arrangements to ensure that their registers are able to provide , without undue delay by means of the system referred to in article 22 , the information referred to in paragraph 1 of this article and in respect of what period any disqualification is in force . this information shall be provided for the purpose of registration and , where applicable , member states shall also provide the grounds of disqualification .